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Document 02017R2107-20240408
Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007
Consolidated text: Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007
Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007
02017R2107 — EN — 08.04.2024 — 003.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
REGULATION (EU) 2017/2107 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017 (OJ L 315 30.11.2017, p. 1) |
Amended by:
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REGULATION (EU) 2019/1154 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 188 |
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12.7.2019 |
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REGULATION (EU) 2023/2053 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 September 2023 |
L 238 |
1 |
27.9.2023 |
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REGULATION (EU) 2024/897 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 March 2024 |
L 897 |
1 |
19.3.2024 |
REGULATION (EU) 2017/2107 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 November 2017
laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down management, conservation and control provisions relating to fishing for highly migratory fish species managed by the International Commission for the Conservation of Atlantic Tunas (ICCAT).
Article 2
Scope
This Regulation applies to:
Union fishing vessels, and Union vessels engaged in recreational fisheries, which operate in the ICCAT Convention area and, in the case of transhipments, also outside the ICCAT Convention area if they tranship species caught in that area;
third country vessels which are inspected in Member States ports and which carry ICCAT species or fishery products originating from such species that have not been previously landed or transhipped at ports;
third country fishing vessels and third country vessels engaged in recreational fisheries which operate in Union waters.
Article 3
Relationship to other Union acts
This Regulation applies without prejudice to the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ( 1 ) and in Regulation (EU) 2016/1627.
The measures provided for in this Regulation apply in addition to those provided for in Regulations (EC) No 1005/2008 and (EC) No 1224/2009.
Article 4
Definitions
For the purpose of this Regulation, the following definitions apply:
‘ICCAT species’ means species listed in Annex I;
‘tropical tuna’ means bigeye tuna, yellowfin tuna and skipjack tuna;
‘billfish’ means species of the Istiophoridae family managed by ICCAT;
‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources or a bluefin tuna trap;
‘catching vessel’ means a fishing vessel used for the purpose of the capture of marine biological resources;
‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;
‘fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;
‘special fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel entitling it to carry out specific fishing activities with specific gear during a specified period, in a given area or for a given fishery under specific conditions;
‘transhipment’ means the unloading of all or any fisheries products on board a vessel to another vessel;
‘recreational fishery’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;
‘Task I data’ means data defined as Task I by ICCAT in the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fish’;
‘Task II data’ means data defined as Task II by ICCAT in the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fish’;
‘CPC’ means contracting parties to the ICCAT Convention and cooperating non-contracting parties, entities or fishing entities;
‘ICCAT Convention area’ means all waters of the Atlantic Ocean and adjacent seas;
‘sustainable fisheries partnership agreement’ means an international agreement as defined in point 37 of Article 4(1) of Regulation (EU) No 1380/2013;
‘vessel length’ means the distance measured in a straight line between the foremost point of the bow and the aftermost point of the stern;
‘large-scale pelagic longline vessel’ means a pelagic longline vessel greater than 24 metres in length overall;
‘large-scale fishing vessel’ means a fishing vessel greater than 20 metres in length overall;
‘large-scale catching vessel’ means a catching vessel greater than 20 metres in length overall;
‘ICCAT record of large-scale fishing vessels’ means the list, maintained by the ICCAT Secretariat, of large-scale fishing vessels authorised to target ICCAT species in the ICCAT Convention area;
‘support vessel’ means a vessel other than a craft carried on board that is not equipped with operational fishing gear and that facilitates, assists or prepares fishing activities, including by supplying a catching vessel and deploying, servicing and retrieving a fish-aggregating device;
‘carrier vessel’ means a support vessel engaged in transhipment and receiving ICCAT species from a large-scale pelagic longline vessel;
‘ICCAT record of carrier vessels’ means the list, maintained by the ICCAT Secretariat, of vessels authorised to receive transhipment at sea from large-scale pelagic longline vessels in the ICCAT Convention area;
‘ICCAT record of authorised tropical tunas vessels’ means the list, maintained by the ICCAT Secretariat, of large-scale fishing vessels authorised to fish, retain on board, tranship, transport, process or land tropical tunas in the ICCAT Convention area;
‘floating object’ or ‘FOB’ means any natural or artificial floating (i.e. surface or subsurface) object with no capability of moving on its own; fish-aggregating devices (FADs) are FOBs that are human-made and intentionally deployed and/or tracked; logs are FOBs that are accidently lost from anthropic and natural sources;
‘fish-aggregating device’ or ‘FAD’ means a permanent, semi-permanent or temporary object, structure or device of any material, human-made or natural, which is deployed or tracked, and used to aggregate fish for subsequent capture; FADs can either be anchored (aFADs) or drifting (dFADs);
‘FAD set’ means setting fishing gear around a tuna school associated with a FAD;
‘IUU fishing’ means fishing activities defined in point 1 of Article 2 of Regulation (EC) No 1005/2008;
‘ICCAT IUU list’ means a list of vessels which are considered by ICCAT to have engaged in IUU fishing;
‘longlines’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on the target species;
‘shallow-set longlines’ means longlines in which, when deployed, the majority of hooks are at a depth of less than 100 metres;
‘purse seines’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed;
‘hook’ means a bent, sharpened piece of steel wire;
‘circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape; circle hooks should have an offset of no more than 10 degrees;
‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea, which transmits position and any other available information such as echo-sounder estimates.
TITLE II
MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN SPECIES
CHAPTER I
Tropical tunas
Article 5
Restrictions on the number of Union large-scale catching vessels targeting bigeye tuna
The number and total capacity in gross tonnage (GT) of Union large-scale catching vessels targeting bigeye tuna in the ICCAT Convention area shall be determined:
as the average number and the capacity in GT of Union catching vessels targeting bigeye tuna in the ICCAT Convention area during the period 1991 to 1992; and
on the basis of the restriction on the number of Union catching vessels targeting bigeye tuna in 2005 as notified to ICCAT on 30 June 2005.
Article 5a
Capacity limitation for tropical tuna
Article 6
Specific authorisations for large-scale tropical tuna catching vessels and for support vessels
Article 6a
Prohibition on discards of tropical tunas caught by Union purse seiners
By way of derogation from paragraph 1, tropical tunas may be discarded in the following cases:
where the master determines that the tropical tunas caught are meshed or crushed in the purse seine, are damaged due to depredation, or have died and decomposed in the net due to a gear failure that has prevented the normal activities of retrieval of the net, fishing and releasing the fish alive;
where the master determines that the tropical tunas have been caught during the last set of a trip and there is not enough storage capacity to store the tunas caught during this set; those fish may only be discarded provided that:
the master or the crew members attempt to release the tunas alive as quickly as possible; and
no other fishing operation is conducted following the discarding, until such time as the tunas on board the vessel are landed or transhipped.
Article 7
ICCAT record of authorised tropical tuna vessels
Article 8
List of vessels fishing tropical tunas in a given year
Member States shall, by 30 June of each year, submit to the Commission the list of authorised vessels flying their flag which have fished tropical tunas in the ICCAT Convention area or have offered any kind of support to the fishing activity (support vessels) in the previous calendar year. For purse seiners, that list shall also include the support vessels that have supported the fishing activity, irrespective of their flag. The Commission shall, by 31 July of each year, notify the ICCAT Secretariat of the lists received from the Member States.
Article 8a
Underage or overage of bigeye tuna
Article 9
Management plans in respect of fish-aggregating devices
The objective of the management plans referred to in paragraph 1 shall be to:
improve the knowledge about FAD characteristics, buoy characteristics, FAD fishing, including fishing effort, and related impacts on targeted and non-targeted species;
effectively manage the deployment and recovery of FADs and beacons and their potential loss;
reduce and limit the impacts of FADs and FAD fishing on the ecosystem, including, where appropriate, by acting on the different components of the fishing mortality (e.g. number of deployed FADs, including number of FAD sets by purse seiners, fishing capacity, number of support vessels).
Article 10
Requirements for FADs
FADs shall comply with the following requirements:
the surface structure of the FAD shall be either not covered by any material or covered only with material implying minimum risk of entangling non-targeted species; and
the sub-surface components shall be exclusively composed of material which does not entangle non-targeted species.
When using or designing FADs, Member States shall:
ensure that all FADs deployed are non-entangling, in accordance with the guidelines set out in Annex X;
endeavour to ensure that all FADs are constructed from biodegradable materials, such as non-plastics, with the exception of materials used in the construction of FAD tracking buoys.
Article 11
Information on FADs submitted by vessels
For each deployment of a FAD, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information and data:
position of the FAD;
date of deployment of the FAD;
FAD type (anchored FAD, drifting artificial FAD);
FAD identifier (i.e. FAD marking or beacon ID, type of buoy — e.g. simple buoy or associated with echo sounder), or any information allowing identification of the owner;
FAD design characteristics (dimension and material of the floating part and of the underwater hanging structure, and the entangling feature of the underwater hanging structure).
For each visit on a FAD, whether followed or not by a set, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information:
type of visit (hauling, retrieving, intervention on electronic equipment);
position of the FAD;
date of visit;
FAD type (anchored FAD, drifting natural FAD, drifting artificial FAD);
log description or FAD identifier (i.e. FAD marking and buoy ID or any information allowing identification of the owner);
if the visit is followed by a set, the results of the set in terms of catch and by-catch, whether retained or discarded, dead or alive, or, if the visit is not followed by a set, the reason for such decision (for instance not enough fish or fish too small);
buoy ID.
For each loss of a FAD, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information:
the last registered position;
date of the last registered position;
FAD identifier (i.e. FAD marking and buoy ID).
Article 12
Information on FADs submitted by Member States
Member States shall submit every year to the Commission, 15 days prior to the deadline established by ICCAT for the given year, the following information, in order to make it available to the ICCAT Secretariat:
the number of FADs actually deployed, on a quarterly basis, by FAD type, indicating the presence or absence of a beacon/buoy or of an echo sounder associated to the FAD;
the number and type of beacons/buoys (e.g. radio, sonar only, sonar with echo-sounder) deployed on a monthly basis in accordance with Task II data requirements;
the average number of beacons/buoys activated and deactivated on a monthly basis that have been followed by each vessel;
average number of lost FADs with active buoys, on a monthly basis;
for each support vessel, the number of days spent at sea, per 1° grid area, month and flag Member State;
purse seiner and baitboat catches, effort and number of sets (for purse seines) by fishing mode (FOB associated schools and free school fisheries) in accordance with Task II data requirements;
when the activities of purse seiners are carried out in association with baitboats, reports on catches and effort of purse seiners associated to baitboats in accordance with Task I and II data requirements.
Article 13
Logbooks
Member States shall ensure that:
paper and electronic fishing logbooks, as well as FAD logbooks, where applicable, are promptly collected and made available to Union scientists;
the Task II data transmitted to the Commission pursuant to Article 50 include the information collected from the fishing or FAD logbooks, where applicable.
Article 14
Observer coverage and prohibition of FAD deployment in relation with the protection of juveniles
Member States shall ensure that vessels flying their flag that are authorised to fish tropical tuna establish a minimum observer coverage as follows:
for their longline vessels 20 metres in length overall or greater, a minimum of 10 % observer coverage of fishing effort by 2022, through the presence of an observer on board in accordance with Annex IV or through an approved electronic monitoring system;
for their purse seiners, a 100 % observer coverage of fishing effort, through the presence of an observer on board in accordance with Annex IV or through an approved electronic monitoring system.
Member States shall report the information collected by the observers or the approved electronic monitoring system from the previous year by 30 April to the ICCAT Secretariat and to ICCAT Standing Committee on Research and Statistics taking into account the confidentiality requirements referred to in Article 72.
Article 15
Fishing for tropical tunas in certain Portuguese waters
It shall be prohibited to retain on board any quantity of tropical tunas caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES subarea X north of 36°30′ N or in CECAF areas north of 31° N and east of 17°30′ W, or to target such species in those areas with those gear. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.
Article 16
Identification of IUU fishing
If the ICCAT Executive Secretary notifies the Commission of a possible infringement by Union fishing vessels of Article 7(2) or Article 14(1) or (2), the Commission shall without delay inform the flag Member State concerned. That Member State shall immediately investigate the situation and, if the vessel is fishing in association with objects that could affect fish aggregation, including FADs, during the period of closure, shall request the vessel to stop fishing and, if necessary, to leave the area without delay. The flag Member State concerned shall, without delay, report to the Commission the results of its investigation and the corresponding measures taken. The Commission shall forward that information to the coastal State and to the ICCAT Executive Secretary.
CHAPTER II
Albacore
Article 17
Restrictions on the number of vessels
The maximum number of Union catching vessels targeting North Atlantic albacore in the ICCAT Convention area shall be determined as the average number of Union catching vessels fishing for North Atlantic albacore as a target species during the period 1993 to 1995.
Article 17a
Specific authorisations for large-scale catching vessels targeting North and South Atlantic albacore
Article 17b
Underage or overage of North and South Atlantic albacore
Article 17c
South Atlantic albacore record of catches
The flag Member States of the vessels that fish South Atlantic albacore shall report their accurate and validated South Atlantic albacore catch to the ICCAT Secretariat as part of Task I and II data referred to in Article 50.
Article 17d
Recreational fisheries for Mediterranean albacore
CHAPTER III
Swordfish
Article 18
Management plans for North Atlantic swordfish
Member States that have been allocated a quota and whose vessels are fishing for North Atlantic swordfish shall submit to the Commission their management plans by 15 August of each year. The Commission shall forward that information to the ICCAT Secretariat by 15 September of each year.
Article 18a
Specific authorisations for large-scale catching vessels targeting North and South Atlantic swordfish
Article 18b
Underage of North and South Atlantic swordfish
Article 19
Minimum size for North Atlantic swordfish
CHAPTER IV
Billfish, sailfish, blue marlin, white marlin and roundscale spearfish
Article 27
Release of blue marlin, white marlin and roundscale spearfish caught alive
Article 28
Landing of blue marlin, white marlin and roundscale spearfish beyond the fishing opportunities
When a Member State has exhausted its quota, that Member State shall ensure that the landings of blue marlins, white marlins and roundscale spearfish that are dead when brought alongside the vessel are not sold or entered into commerce. Such landings shall not count against that Member State’s catch limits as set out on the basis of the Union landing limit laid down in paragraph 2 of ICCAT Recommendation 19-05, provided that such prohibition is clearly explained in the annual report referred to in Article 71 of this Regulation.
Article 29
Recreational fisheries of blue marlin, white marlin and roundscale spearfish
Article 29a
Data collection for sailfish
Member States shall collect data on catches of sailfish, including live and dead discards, and report those data annually as part of their Task I and II data submission to support the stock assessment process.
Article 29b
Data collection and reporting for billfish, blue marlin, white marlin and round-scale spearfish
CHAPTER V
Sharks
Article 30
General provisions
Article 31
Porbeagle sharks (Lamna nasus)
Article 32
Bigeye thresher sharks (Alopias superciliosus)
Article 33
North Atlantic shortfin mako sharks (Isurus oxyrinchus)
Article 33a
South Atlantic shortfin mako sharks (Isurus oxyrinchus)
Article 34
Oceanic whitetip shark (Carcharhinus longimanus)
Article 35
Hammerhead sharks
Article 36
Silky sharks (Carcharhinus falciformis)
Article 36a
Data collection for sharks
Article 37
Sampling of shark species by scientific observers and other authorised individuals
By way of derogation from the prohibition to retain on board porbeagle, bigeye thresher, oceanic whitetip, hammerhead (of the Sphyrnidae family, except for the Sphyrna tiburo) and silky sharks, as set out in Articles 31, 32, 34, 35 and 36, the collection of biological samples during commercial fishing operations by scientific observers or individuals authorised by the CPC to collect biological samples shall be permitted under the following conditions:
the biological samples are collected only from animals which are dead at the haul back;
the biological samples are taken in the framework of a research project notified to the Standing Committee on Research and Statistics of the ICCAT and developed taking into consideration the recommended research priorities of that Committee. The research project should include a detailed document that describes the objective of the project, the methodologies to be used, the number and type of samples to be collected and the time and area of sampling;
the biological samples are kept on board until the port of landing or transhipment; and
the authorisation of the flag Member State or, in the case of chartered vessels, of the chartering CPC and the flag Member State, must accompany all samples collected in accordance with this Article until the final port of landing. Such samples and other parts of the shark specimens sampled shall not be marketed or sold.
CHAPTER VI
Seabirds
Article 38
Mitigation measures for seabirds in the area between 20° South and 25° South
Longline vessels targeting swordfish by using monofilament longline gear shall be exempted from the requirements of paragraphs 1, 2 and 3, subject to the following conditions:
longlines are set during the night, with night being defined as the period between nautical dusk/dawn as referenced in the nautical dusk/dawn almanac for the geographical position of fishing; and
minimum swivel weight of 60 g placed not more than 3 metres from the hook is used to achieve optimum sink rates.
The flag Member States of the vessels subject to the exemption referred to in the first subparagraph shall inform the Commission of their scientific findings resulting from their observer coverage of those vessels.
Article 39
Mitigation measures for seabirds in the area south of 25° South
Longline vessels shall use at least two of the following mitigation measures in accordance with the requirements and supplemental guidelines set out in Annex V:
night setting with minimum deck lighting;
bird-scaring lines (tori lines);
line weighting.
Article 40
Reporting obligations for seabirds
CHAPTER VII
Sea turtles
Article 41
General provisions for sea turtles
Member States shall require the vessels flying their flag that fish with shallow-set longlines to:
use only large circle hooks;
use only finfish bait; or
use other measures that have been reviewed and considered effective and approved by ICCAT to be capable of reducing the interaction rate of sea turtles in shallow-set longline fisheries.
Member States shall:
ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, through the use or continued use of at least one of the following by-catch mitigation measures:
alternative or new gear types and gear modifications;
time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles;
effective marking of static net gear, allowing their detection by sea turtles, such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net;
modifications in fishing behaviour and strategy (e.g. reduced soaking time etc.);
require purse seiners flying their flag to:
avoid encircling sea turtles to the extent practicable;
release encircled or entangled sea turtles, including on FADs, where feasible; and
ensure that FADs deployed are constructed according to Annex X to effectively eliminate entanglement risks of sea turtles;
take all reasonable steps to ensure the safe release of sea turtles in a manner that maximises the likelihood of their survival by requiring that:
purse seiners, longline vessels and other types of vessels flying their flag that use gear that may entangle sea turtles, carry on board de-hookers, line-cutters and basket lifts or dip nets, as appropriate for each gear type and consistent with the ‘Best practices for sea turtle handling and release’ of the FAO Guidelines to reduce sea turtle mortality in fishing operations (2009) (‘the FAO guidelines’);
the owners, operators and crew members of the vessels referred to in point (i), as well as any on-board observers, use the equipment referred to in that point in accordance with the safe handling and release practices for sea turtles set out in Annex VI, and consistent with the FAO guidelines;
the owners, operators and crew members of the vessels referred to in point (i) be encouraged to have training in the use of the equipment referred to in that point;
require their fishers on vessels targeting species covered by the ICCAT Convention to bring aboard, if practicable, any captured sea turtle that is comatose or inactive as soon as possible and foster its recovery, including giving it resuscitation in accordance with Section C of Annex VI before returning it to the water;
ensure that fishers are aware of and use proper mitigation and handling techniques, as described in Annex VI.
Notwithstanding the first subparagraph, for vessels of less than 15 metres in length overall, where an extraordinary safety concern could exist that precludes deployment of an on-board observer, a Member State may employ an alternative scientific monitoring approach to collect data equivalent to those specified in this Regulation in a manner that ensures comparable coverage. Alternative approaches implemented pursuant to this subparagraph shall be subject to the approval of ICCAT at the annual meeting prior to their implementation.
In the Mediterranean Sea:
paragraph 2a shall not apply;
paragraphs 4 and 5 shall apply from 1 January 2026.
Article 42
Reporting obligations for sea turtles
Member States shall collect and transmit to the Commission, by 30 June of each year, the information on the interactions of their vessels with sea turtles in ICCAT fisheries by gear type. The Commission shall forward that information to the ICCAT Secretariat by 31 July of each year. That information shall include:
catch rates, gear characteristics, times and locations, target species and disposition status (i.e. discarded dead or released alive);
a breakdown of interactions by sea turtle species; and
the nature of the hooking or entanglement (including with FADs), bait type, hook size and type, and the size of the animal.
TITLE III
COMMON CONTROL MEASURES
CHAPTER I
Authorisations
Article 44
ICCAT record of large-scale fishing vessels
Article 44a
Vessel monitoring system
Where fishing vessels have installed tracking devices in accordance with Article 9 of Council Regulation (EC) No 1224/2009, Member States shall ensure that the tracking devices of fishing vessels flying their flag are permanently and continuously operational and that the information is collected and transmitted to the competent authorities of the Member State at least once every hour for purse seiners and at least once every 2 hours for all other vessels targeting ICCAT species.
In the event of technical failure or non-operation of the tracking device fitted on board a Union fishing vessel, the device shall be repaired or replaced as soon as possible and in any case within 1 month of the event, unless the vessel is no longer operating in the ICCAT Convention area. Union fishing vessels shall not start a fishing trip without the tracking device having been repaired or replaced.
CHAPTER II
Chartering
Article 45
Scope
This Chapter shall apply to chartering arrangements, other than bareboat chartering, between Union catching vessels and those of CPCs, where the Union catching vessels concerned do not change their flag.
Article 46
General provisions
Union catching vessels shall be allowed to participate in a chartering arrangement concluded with CPCs only as chartered vessels, subject to the following conditions:
the chartered vessels shall have a fishing authorisation issued by the chartering CPC and shall not be on the ICCAT IUU list;
the chartered vessels shall not be authorised to fish under more than one chartering arrangement at the same time;
the catches of the chartered vessels shall be unloaded exclusively in the ports of the chartering CPCs, unless otherwise provided for in the chartering arrangement; and
the chartering company shall be legally established in the chartering CPC.
Article 47
Notification
CHAPTER III
Control of catches
Article 48
Compliance with quotas and minimum size requirements
Article 49
Catch sampling
Article 50
Catch and fishing effort notification
Unless otherwise established by the Commission to meet annual deadlines set by ICCAT, Member States shall transmit to the Commission, by 30 June of each year, the following data (Task I data):
information on the characteristics of their fleet for the previous year;
estimates of the annual nominal catch data (including by-catch and discards data) concerning ICCAT species for the previous year.
Unless otherwise established by the Commission to meet annual deadlines set by ICCAT, Member States shall transmit to the Commission, by 30 June of each year, the following data (Task II data) for the ICCAT species:
catch and fishing effort data for the previous year, giving a detailed spatio-temporal breakdown; those data shall include estimates of discards and releases with the indication of the status of the fish (dead or alive);
any data they have on catches in recreational fisheries for the previous year.
CHAPTER IV
Transhipment
Article 51
Scope
This Chapter shall apply to the following transhipment operations:
transhipment operations carried out within the ICCAT Convention area in respect of ICCAT species and other species caught in association with those species; and
transhipment operations carried out outside the ICCAT Convention area in respect of ICCAT species and other species caught in association with those species, that were harvested in the ICCAT Convention area.
Article 52
Transhipment in port
Article 53
Transhipment at sea
Transhipment at sea by large-scale pelagic longline vessels shall take place in accordance with Articles 54 to 60.
Article 54
ICCAT record of carrier vessels
The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Executive Secretary and shall include the following information:
Article 55
Authorisation to large-scale pelagic longline vessels to tranship in the ICCAT Convention area
The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Secretariat and shall include the following information:
Article 56
Prior authorisation for transhipment at sea
To receive the prior authorisations referred to in paragraphs 1 and 2, the master or owner of the large-scale pelagic longline vessel shall, at least 24 hours in advance of the intended transhipment, notify its flag Member State authorities and the coastal CPC of the following information:
the name of the large-scale pelagic longline vessel and its number in the ICCAT record of large-scale pelagic longline vessels authorised to tranship at sea;
the name of the carrier vessel and its number in the ICCAT record of carrier vessels;
the product to be transhipped, by species, where known, and, if possible, by stock;
the quantities of ICCAT species, if possible, by stock, to be transhipped;
the quantities of other species caught in association with ICCAT species by species, if known, to be transhipped;
the date and location of transhipment;
the geographic location of the catches by species and, where appropriate, by stock, consistent with ICCAT statistical areas.
Article 57
ICCAT transhipment declaration
Article 58
ICCAT regional observer programme for transhipment at sea
Article 58a
Health and safety of observers in the ICCAT regional observer programme for transhipment at sea
Member States shall ensure that each vessel flying their flag that carries on board an ICCAT regional observer is outfitted with appropriate safety equipment for the entirety of each voyage, including the following:
a life raft of sufficient capacity for all persons on board and with a certificate of inspection that is valid throughout the observer’s deployment;
life jackets or survival suits of sufficient number for all persons on board, and compliant with relevant international standards; and
a properly registered emergency position indicating radio beacon (EPIRB) and a search and rescue transponder (SART) that will not expire until after the observer deployment ends.
Article 59
Reporting obligations
The flag Member State of large-scale pelagic longline vessels which have transhipped and the flag Member State of carrier vessels which have received transhipments during the previous year shall transmit by 15 August of each year to the Commission:
the quantities of catches of ICCAT species, by species and, if possible, by stock, transhipped during the previous year;
the quantities of other species caught in association with ICCAT species by species, if known, transhipped during the previous year;
the list of the large-scale pelagic longline vessels which have transhipped during the previous year;
a comprehensive report assessing the content and conclusions of the reports of the ICCAT regional observers assigned to carrier vessels which have received transhipment from large-scale pelagic longline vessels.
Article 60
Consistency of reported data
The flag Member State of the large-scale pelagic longline vessel engaged in transhipments at sea shall review the information received pursuant to this Regulation so as to determine consistency between the reported catches, transhipments and landings of each vessel, including in cooperation with the landing State as necessary. That verification shall be carried out in such a manner so as to ensure that the vessel suffers the minimum interference and inconvenience and that deterioration in fish quality is avoided.
CHAPTER V
Scientific observer programmes
Article 61
Establishment of domestic scientific observer programmes
Member States shall establish domestic scientific observer programmes ensuring the following:
a minimum of 5 % observer coverage of fishing effort in each of pelagic longline, purse seine, baitboat, traps, gillnet and trawl fisheries, targeting ICCAT species;
for chartered vessels, by way of derogation from point (a), a minimum of 10 % observer coverage of fishing effort in each of the pelagic longline, purse seine and baitboat fisheries;
a representative temporal and spatial coverage of the operation of the fleet to ensure the collection of adequate and appropriate data, taking into account characteristics of the fleets and fisheries;
data collection on all aspects of the fishing operation, including catch, as specified in Article 63(1).
The percentage of the observer coverage referred to in paragraph 1, points (a) and (b), shall be calculated as follows:
for purse seine fisheries, in number of sets or trips;
for pelagic longline fisheries, in fishing days, number of sets, or trips;
for baitboat and trap fisheries, in fishing days;
for gillnet fisheries, in fishing hours or days; and
for trawl fisheries, in fishing hauls or days.
Article 62
Qualifications of scientific observers
Member States shall ensure that observers have followed the required training, are suitably qualified and are approved before their deployment. The observers shall possess the following qualifications:
sufficient knowledge and experience to identify species and collect information on different fishing gear configurations;
satisfactory knowledge of the ICCAT conservation and management measures;
ability to observe and record accurately data to be collected under the programme;
ability to collect biological samples;
not be a crew member of the fishing vessel being observed; and
not be an employee of a fishing vessel company involved in the fishery being observed.
Article 63
Responsibilities of scientific observers
Each Member State shall require observers to carry out, in particular, the following tasks:
record and report on the fishing activity of the observed vessel, which shall include at least the following:
data collection, including quantifying total target catch, by-catch and discards (including sharks, sea turtles, marine mammals, and seabirds), estimating or measuring size composition, as practicable, disposition status (i.e. retained, discarded dead, released alive) and the collection of biological samples for life history studies (e.g. gonads, otoliths, spines, scales);
information on all tags found;
fishing operation information, including location of catch by latitude and longitude, fishing effort information (e.g. number of sets, number of hooks), date of each fishing operation, including, as appropriate, the start and stop times of the fishing activity, use of fish aggregating objects, including FADs, and general condition of released animals related to survival rates (i.e. dead or alive, wounded);
observe and record the use of mitigation measures to reduce incidental catches and other relevant information;
to the extent possible, observe and report environmental conditions (e.g. sea state, climate and hydrologic parameters);
observe and report on FADs, in accordance with the ICCAT regional observer programme adopted under the multi-annual conservation and management programme for tropical tuna; and
perform any other scientific tasks as recommended by the ICCAT Standing Committee on Research and Statistics and agreed by the Commission.
Member States shall ensure that observers:
do not interfere with the electronic equipment of the vessel;
are familiar with the emergency procedures aboard the vessel, including the location of life rafts, fire extinguishers and first aid kits;
communicate as needed with the master on relevant observer issues and tasks;
do not hinder or interfere with the fishing activities and the normal operations of the vessel;
participate in debriefing sessions with appropriate representatives of the scientific institute or the domestic authority responsible for implementing the observer programme.
The master of the vessel to which the observer is assigned shall:
permit appropriate access to the vessel and its operations;
allow the observer to carry out the observer tasks in an effective way, including by:
providing appropriate access to the vessel’s gear, documentation (including electronic and paper logbooks), and catch;
communicating at any time with appropriate representatives of the scientific institute or domestic authority;
ensuring appropriate access to electronics and other equipment pertinent to fishing, including:
ensuring that no one on board the observed vessel tampers with or destroys observer equipment or documentation, obstructs, interferes with, or otherwise acts in a manner that could unnecessarily prevent the observer from performing observer tasks;
provide accommodation to observers, including berthing, food and adequate sanitary and medical facilities, equal to those of officers;
provide the observer adequate space on the bridge or pilot house to perform observer tasks, as well as space on deck adequate for carrying out observer tasks.
Each Member State shall:
require vessels flying its flag, when fishing for ICCAT species, to carry a scientific observer in accordance with this Regulation;
oversee the safety of its observers;
encourage, where feasible and appropriate, their scientific institute or domestic authority to enter into agreements with the scientific institutes or domestic authorities of other Member States or CPCs for the exchange of observer reports and observer data between them;
provide in its annual report for use by the Commission and the ICCAT Standing Committee on Research and Statistics, specific information on the implementation of ICCAT Recommendation 16-14, which shall include:
details on the structure and design of their scientific observer programmes, including, inter alia:
the number of vessels monitored, the coverage level achieved by fishery and gear type, and details on how those coverage levels were calculated;
following the initial submission of the information required under point (d)(i), report changes to the structure and design of its observer programmes in its annual reports only when such changes occur; and continue to report the information required pursuant to point (d)(ii) to the Commission annually;
each year, using the designated electronic formats that are developed by the ICCAT Standing Committee on Research and Statistics, report to that committee information collected through domestic observer programmes for use by the Commission, in particular for stock assessment and other scientific purposes, in line with procedures in place for other data reporting requirements and consistent with domestic confidentiality requirements;
ensure implementation of robust data collection protocols by its observers, when carrying out their tasks referred to in paragraphs 1 and 2, including, as necessary and appropriate, the use of photography.
Article 64
Submission of collected information
By 30 June of each year Member States shall submit to the Commission the information collected under their domestic scientific observer programmes. The Commission shall forward that information to the ICCAT Secretariat by 31 July of each year.
CHAPTER VI
Control of third country fishing vessels in Member State ports
Article 65
Reporting obligations with regard to designated ports and points of contact
Member States wishing to grant access to its ports to third country fishing vessels carrying ICCAT species or fishery products originating from such species that have not been previously landed or transhipped at ports shall:
designate their ports to which third country fishing vessels may request entry pursuant to Article 5 of Regulation (EC) No 1005/2008;
designate a point of contact for the purposes of receiving prior notice pursuant to Article 6 of Regulation (EC) No 1005/2008;
designate a point of contact for the purposes of transmitting port inspection reports pursuant to Article 66 of this Regulation.
Article 66
Reporting obligations with regard to port inspections
CHAPTER VII
Enforcement
Article 66a
Sighting of vessels
When a vessel is sighted pursuant to paragraph 1, the Member State concerned (‘sighting Member State’) shall without undue delay notify and provide any recorded images of the vessel to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, and:
if the sighted vessel is flagged to a Member State, the flag Member state shall, without undue delay, take appropriate action with respect to the vessel concerned; both the sighting Member State and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and the European Fisheries Control Agency (EFCA), including details of any follow-up action taken;
if the sighted vessel is flagged to another CPC, a non-CPC, or is of indeterminate flag or without nationality, the sighting Member State shall, without undue delay, provide to the Commission and the EFCA all appropriate information related to the sighting; the Commission shall, as appropriate, transmit the sighting information to the ICCAT Secretariat.
Article 67
Alleged infringements reported by Member States
Article 68
ICCAT draft IUU list
Member States shall closely monitor the vessels included in the ICCAT draft IUU list circulated by the ICCAT Executive Secretary, in order to determine the activities and possible changes of name, flag or registered owner of those vessels.
Article 69
Alleged non-compliances reported by the ICCAT Executive Secretary
Article 69a
IUU vessels
Member States shall ensure that vessels included on the ICCAT IUU list are not authorised to land, tranship, re-fuel, re-supply or engage in other commercial transactions.
Article 70
Alleged infringements reported by a CPC
TITLE IV
FINAL PROVISIONS
Article 71
Annual report
Article 72
Confidentiality
Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009.
Article 73
Procedure for amendments
Where necessary in order to implement into Union law amendments to the existing ICCAT recommendations which become binding on the Union, and insofar as amendments to Union law do not go beyond the ICCAT recommendations, the Commission is empowered to adopt delegated acts in accordance with Article 74 for the purpose of amending:
Annexes I to X;
the capacity limitations for tropical tunas under Article 5a related to annual fishing and capacity management plan reporting referred to paragraph 2 of that Article, as well as the number of support vessels referred to in paragraph 3 of that Article;
the time limits laid down in Article 7(1), Article 8, Article 9(1), Article 14(1), Article 18, Article 20(2), (3) and (4), Article 22(2), Article 23(1) and (2), Article 26(1) and (3), Article 40(1), Article 42(1), Article 44(3), Article 47(2), Article 48(1) and (2), Article 50(1) and (2), Article 56(3), Article 57(1), (2) and (3), Article 59(1) and (2), Article 64, Article 65(2), Article 66(1) and (2), Article 67(1) and (2), Article 69(2), Article 70(2), (3) and (5), and Article 71(1);
the annual carry-over for bigeye tuna under Article 8a;
the requirements for FADs under Article 10(1) and (2);
the references to ICCAT recommendations referred to in Article 10(2), Article 28, Article 27(3), Article 29b(2) and (3), Article 36a(2), Article 58a(2) and (4), Article 63(4), point (d), and Article 66a(2);
the minimum observer coverage under Article 14(2);
the restrictions on the number of Union catching vessels targeting North Atlantic albacore under Article 17;
the annual carry-over of North and South Atlantic albacore under Article 17b;
North Atlantic swordfish management plans under Article 18;
the annual carry-over of North and South Atlantic swordfish under Article 18b;
the minimum sizes laid down in Article 19(1) and (2), Article 24(2) and Article 29(2) and (3);
the tolerances laid down in Article 19(2) and (3), Article 21 and Article 24(3);
the technical specifications of hooks and longlines laid down in Article 25 and point (b) of Article 38(5);
the scientific observer coverage laid down in Article 29(1), and points (a) and (b) of Article 61(1);
the type of information and data laid down in Article 11(1), (2) and (3), Article 12, Articles 20(2), 26(1) and 42(1), Article 50(1) and (2), and Articles 54(4), 55(4), 56(3) and 59(1);
the maximum number of instrumental buoys laid down in Article 9(4);
the requirements to maximise sea turtle survival under Article 41;
the percentage coverage calculation under Article 61(2).
Article 74
Exercise of the delegation
Article 75
Committee procedure
Article 76
Amendments to Regulation (EC) No 1936/2001
In Regulation (EC) No 1936/2001, Articles 4, 5, 6, 6a, 7, 8a, 8b, 8c, 9, 9a and 10 to 19 are deleted.
Article 77
Amendments to Regulation (EC) No 1984/2003
Regulation (EC) No 1984/2003 is amended as follows:
in Article 3, the following points are added:
‘(g) |
large-scale fishing vessel : fishing vessel 20 metres in length overall or greater; |
(h) |
large-scale pelagic longline vessel : pelagic longline vessel 24 metres in length overall or greater.’; |
in Article 4(2), the following point is added:
‘(c) if the fishing has been carried out by a large-scale fishing vessel, be accepted only when that vessel is on the ICCAT record of vessels.’;
in Article 5(2), the following point is added:
‘(c) if the fishing has been carried out by a large-scale fishing vessel, be validated only when that vessel is on the ICCAT record of vessels.’;
in Chapter 2, the following Section is added:
Requirements for Member States in respect of transhipped products in the ICCAT Convention area
Article 7a
Statistical documents and reporting
Article 78
Amendments to Regulation (EC) No 520/2007
In Regulation (EC) No 520/2007, Article 4(1), Title II and Annexes II, III and IV are deleted.
Article 79
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
ICCAT species
Family |
Latin name |
English name |
Scombridae |
Acanthocybium solandri |
Wahoo |
Allothunnus fallai |
Slender tuna |
|
Auxis rochei |
Bullet tuna |
|
Auxis thazard |
Frigate tuna |
|
Euthynnus alletteratus |
Little tunny/Atlantic black skipjack |
|
Gasterochisma melampus |
Butterfly kingfish |
|
Katsuwonus pelamis |
Skipjack |
|
Orcynopsis unicolor |
Plain bonito |
|
Sarda sarda |
Atlantic bonito |
|
Scomberomorus brasiliensis |
Serra Spanish mackerel |
|
Scomberomorus cavalla |
King mackerel |
|
Scomberomorus maculatus |
Spotted Atlantic Spanish mackerel |
|
Scomberomorus regalis |
Cero |
|
Scomberomorus tritor |
West African Spanish mackerel |
|
Thunnus alalunga |
Albacore |
|
Thunnus albacares |
Yellowfin tuna |
|
Thunnus atlanticus |
Blackfin tuna |
|
Thunnus maccoyii |
Southern bluefin tuna |
|
Thunnus obesus |
Bigeye tuna |
|
Thunnus thynnus |
Bluefin tuna |
|
Istiophoridae |
Istiophorus albicans |
Atlantic sailfish |
Makaira indica |
Black marlin |
|
Makaira nigricans |
Atlantic blue marlin |
|
Tetrapturus albidus |
Atlantic white marlin |
|
Tetrapturus belone |
Mediterranean spearfish |
|
Tetrapturus georgii |
Roundscale spearfish |
|
Tetrapturus pfluegeri |
Longbill spearfish |
|
Xiphiidae |
Xiphias gladius |
Swordfish |
Alopiidae |
Alopias superciliosus |
Bigeye thresher shark |
Alopias vulpinus |
Thresher |
|
Carcharhinidae |
Carcharhinus falciformis |
Silky shark |
Carcharhinus galapagensis |
Galapagos shark |
|
Carcharhinus longimanus |
Oceanic whitetip shark |
|
Prionace glauca |
Blue shark |
|
Lamnidae |
Carcharodon carcharias |
Great white shark |
Isurus oxyrinchus |
Shortfin mako shark |
|
Isurus paucus |
Longfin mako shark |
|
Lamna nasus |
Porbeagle shark |
|
Sphyrnidae |
Sphyrna lewini |
Scalloped hammerhead |
Sphyrna mokarran |
Great hammerhead |
|
Sphyrna zygaena |
Smooth hammerhead |
|
Rhincodontidae |
Rhincodon typus |
Whale shark |
Pseudocarchariidae |
Pseudocarcharias kamoharai |
Crocodile shark |
Cetorhinidae |
Cetorhinus maximus |
Basking shark |
Dasyatidae |
Pteroplatytrygon violacea |
Pelagic stingray |
Mobulidae |
Manta alfredi |
N/A (1) |
Manta birostris |
Giant manta |
|
Mobula hypostoma |
Lesser devil ray |
|
Mobula japonica |
N/A (1) |
|
Mobula mobular |
Devil fish |
|
Mobula tarapacana |
Chilean devil ray |
|
Mobula thurstoni |
Bentfin devil ray |
|
(1)
Common name not available. |
ANNEX II
GUIDELINES FOR PREPARATION OF FISH AGGREGATING DEVICE (FAD) MANAGEMENT PLANS
The FAD management plan for CPC purse seine and baitboat fleets must include the following:
Description
FAD types: AFAD = anchored; DFAD = drifting
Type of beacon/buoy
Maximum number of FAD to be deployed per purse seine and per FAD type
Minimum distance between AFADs
Incidental by-catch reduction and utilisation policy
Consideration of interaction with other gear types
Statement or policy on ‘FAD ownership’;
Institutional arrangements
Institutional responsibilities for the FAD management plan
Application processes for FAD deployment approval
Obligations of vessel owners and masters in respect of FAD deployment and use
FAD replacement policy
Additional reporting obligations beyond this Regulation
Conflict resolution policy in respect of FADs
Details of any closed areas or periods, e.g. territorial waters, shipping lanes, proximity to artisanal fisheries, etc.;
FAD construction specifications and requirements
FAD design characteristics (a description)
Lighting requirements
Radar reflectors
Visible distance
FAD markings and identifier
Radio buoy markings and identifier (requirement for serial numbers)
Echo sounder buoy markings and identifier (requirement for serial numbers)
Satellite transceivers
Research undertaken on biodegradable FADs
Prevention of loss or abandonment of FADs
Management of FADs recovery;
Applicable period for the FAD management plan;
Means for monitoring and reviewing the implementation of the FAD management plan.
ANNEX III
LIST OF DEPLOYED FADS ON A QUARTERLY BASIS
FAD Identifier |
FAD & electronic equipment types |
FAD Design characteristics |
Observation |
|||||
FAD Marking |
Associated beacon ID |
FAD Type |
Type of the associated beacon and /or electronic devices |
FAD floating part |
FAD underwater hanging structure |
|||
Dimensions |
Materials |
Dimensions |
Materials |
|||||
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
… |
(1)
If FAD marking and associated beacon ID are absent or unreadable, mention it and provide all available information which may help to identify the owner of the FAD.
(2)
Anchored FAD, drifting natural FAD or drifting artificial FAD.
(3)
E.g. GPS, sounder, etc. If no electronic device is associated to the FAD, note this absence of equipment.
(4)
E.g. width, length, high, depth, mesh sizes, etc.
(5)
Mention the material of the structure and of the cover and if biodegradable.
(6)
E.g. nets, ropes, palm leaves, etc. and mention the entangling and/or biodegradable features of the material.
(7)
Lighting specifications, radar reflectors and visible distances shall be reported in this section. |
ANNEX IV
OBSERVER PROGRAMME REQUIREMENTS FOR VESSELS FISHING FOR TROPICAL TUNAS IN THE GEOGRAPHICAL AREAS OF THE TIME AND AREA CLOSURE
1. The observers shall have the following qualifications to accomplish their tasks:
2. The observers shall not be crew members of the fishing vessel being observed and shall:
be nationals of one of the CPCs;
be capable of performing the duties set out in point 3;
not have current financial or beneficial interests in the tropical tuna fisheries.
Observer tasks
3. The observer tasks shall be, in particular:
to monitor the fishing vessels' compliance with the relevant conservation and management measures adopted by the ICCAT Commission.
In particular, the observers shall:
record and report upon the fishing activities carried out;
observe and estimate catches and verify entries made in the logbook;
sight and record vessels which may be fishing in contravention of ICCAT conservation and management measures;
verify the position of the vessel when engaged in catching activity;
carry out scientific work such as collecting Task II data when required by ICCAT, based on the directives from the ICCAT Standing Committee on Research and Statistics;
to report without delay, with due regard to the safety of the observer, any fishing activity associated with FADs made by the vessel in the area and during the period referred to in Article 11;
to establish general reports compiling the information collected in accordance with this point 3 and provide the master the opportunity to include therein any relevant information.
4. The observers shall treat as confidential all information with respect to the fishing and transhipment operations of the fishing vessels and accept this requirement in writing as a condition of appointment as an observer.
5. The observers shall comply with requirements established in the laws and regulations of the flag Member State which exercises jurisdiction over the vessel to which the observer is assigned.
6. The observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations set out in point 7.
Obligations of the flag Member State
7. The responsibilities regarding observers of the flag Member States of the fishing vessels and their masters shall include, in particular, the following:
the observers shall be allowed access to the vessel personnel and to the gear and equipment;
upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 3:
satellite navigation equipment;
radar display viewing screens when in use;
electronic means of communication;
the observers shall be provided with accommodation, including lodging, food and adequate sanitary facilities, equal to those of officers;
the observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties; and
the flag Member State shall ensure that masters, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe the observers in the performance of their duties.
ANNEX V
MINIMUM TECHNICAL STANDARDS FOR MITIGATION MEASURES
Mitigation measure |
Description |
Specification |
Night setting with minimum deck lighting |
No setting between nautical dawn and nautical dusk. Deck lighting to be kept to a minimum |
Nautical dusk and nautical dawn are defined as set out in the Nautical Almanac tables for relevant latitude, local time and date. Minimum deck lighting should not breach minimum standards for safety and navigation. |
Bird-scaring lines (tori lines) |
Bird-scaring lines shall be deployed during longline setting to deter birds from approaching the branch line |
For vessels greater than or equal to 35 m: — deploy at least 1 bird-scaring line. Where practical, vessels are encouraged to use a second tori pole and bird scaring line at times of high bird abundance or activity; both tori lines should be deployed simultaneously, one on each side of the line being set; — aerial extent of bird-scaring lines must be greater than or equal to 100 m; — long streamers of sufficient length to reach the sea surface in calm conditions must be used; — long streamers must be at intervals of no more than 5 m. For vessels less than 35 m: — deploy at least 1 bird-scaring line; — aerial extent must be greater than or equal to 75 m; — long and/or short (but greater than 1 m in length) streamers must be used and placed at intervals as follows: — — Short: intervals of no more than 2 m. — Long: intervals of no more than 5 m for the first 55 m of bird scaring line. Additional design and deployment guidelines for bird-scaring lines are provided in Supplemental Guidelines for Design and Deployment of tori lines below. |
Line weighting |
Line weights to be deployed on the snood prior to setting |
Greater than a total of 45 g attached within 1 m of the hook; or Greater than a total of 60 g attached within 3,5 m of the hook; or Greater than a total of 98 g weight attached within 4 m of the hook. |
SUPPLEMENTAL GUIDELINES FOR DESIGN AND DEPLOYMENT OF TORI LINES
Preamble
Minimum technical standards for deployment of tori lines are found in the Table above. These supplemental guidelines are designed to assist in preparation and implementation of tori line regulations for longline vessels. While these guidelines are relatively explicit, improvement in tori line effectiveness through experimentation is encouraged, within the requirements of the Table above. The guidelines take into account environmental and operational variables such as weather conditions, setting speed and ship size, all of which influence tori line performance and design in protecting baits from birds. Tori line design and use may change to take account of these variables provided that line performance is not compromised. Ongoing improvement in tori line design is envisaged and consequently review of these guidelines should be undertaken in the future.
Tori line design
1. An appropriate towed device on the section of the tori line in the water can improve the aerial extension.
2. The above water section of the line should be sufficiently light that its movement is unpredictable to avoid habituation by birds and sufficiently heavy to avoid deflection of the line by wind.
3. The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line.
4. The streamers should be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong fine line sheathed in red polyurethane tubing) suspended from a robust three-way swivel (that again reduces tangles) attached to the tori line.
5. Each streamer should consist of two or more strands.
6. Each streamer pair should be detachable by means of a clip so that line stowage is more efficient.
Deployment of tori lines
1. The line should be suspended from a pole affixed to the vessel. The tori pole should be set as high as possible so that the line protects bait a good distance astern of the vessel and will not tangle with fishing gear. Greater pole height provides greater bait protection. For example, a height of around 7 m above the water line can give about 100 m of bait protection.
2. If vessels use only one tori line it should be set to windward of sinking baits. If baited hooks are set outboard of the wake, the tori line attachment point to the vessel should be positioned several metres outboard of the side of the vessel that baits are deployed. If vessels use two tori lines, baited hooks should be deployed within the area bounded by the two tori lines.
3. Deployment of multiple tori lines is encouraged to provide even greater protection of baits from birds.
4. Because of the potential for line breakage and tangling, spare tori lines should be carried on board to replace damaged lines and to ensure fishing operations can continue uninterrupted. Breakaways can be incorporated into the tori line to minimise safety and operational problems should a longline float foul or tangle with the in-water extent of a tori line.
5. When fishermen use a bait casting machine (BCM), they must ensure coordination of tori line and machine by ensuring that a BCM throws directly under the tori line protection. When using a BCM (or multiple BCMs) that allows throwing to both port and starboard, two tori lines should be used.
6. When casting branchline by hand, fishermen should ensure that the baited hooks and coiled branchline sections are cast under the tori line protection, avoiding the propeller turbulence which may slow the sink rate.
7. Fishermen are encouraged to install manual, electric or hydraulic winches to improve ease of deployment and retrieval of tori lines.
ANNEX VI
Safe handling and release practices for sea turtles
A. Purse seine safe handling and release
1. Whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the sea turtle before it becomes entangled in the net.
2. No sea turtle shall be hauled from the water by a fishing line attached to, or entangled upon, the body of a sea turtle.
3. If a sea turtle is entangled during net roll, the net roll shall be stopped as soon as the turtle comes out of the water; the turtle shall be disentangled without injuring it before resuming the net roll.
4. If, in spite of the measures taken, a sea turtle is accidentally brought on board the vessel and is alive and active, or dead, the sea turtle shall be released as quickly as practicable.
5. If a sea turtle is brought aboard the vessel and is comatose or inactive, resuscitation shall be attempted in accordance with Section C.
B. Longline safe handling and release
1. When practicable, and if the operator or crew members on board are trained, comatose sea turtles shall be brought on board immediately.
2. Upon sighting a sea turtle, the vessel and line reel speed shall be slowed and the vessel direction adjusted to move toward the sea turtle, minimising tension on the line.
3. No sea turtle shall be hauled from the water by a fishing line attached to or entangled upon the body of a sea turtle.
4. If a sea turtle is too large or is hooked in such a manner as to preclude safe boarding without causing further damage or injury to the sea turtle, line clippers shall be used to clip the line and remove as much line as possible prior to releasing the sea turtle.
5. If a sea turtle is observed to be hooked or entangled by longline gear during hauling operations, the vessel operator shall immediately cease hauling operations until the sea turtle has been removed from the longline gear or brought on board the vessel.
6. If a sea turtle is hooked externally or a hook is fully visible, the hook shall be removed from the sea turtle as quickly and carefully as possible. If a hook cannot be removed from the sea turtle (e.g. ingested or in roof of mouth), the line shall be cut as close to the hook as possible.
7. Live sea turtles shall be returned to the sea after handling in the following manner:
putting the vessel engine in neutral gear so that the propeller is disengaged and the vessel is stopped, and releasing the sea turtle away from deployed gear; and
observing that the sea turtle is safely away from the vessel before engaging the propeller and continuing operations.
8. If the sea turtle brought aboard the vessel is comatose or inactive, resuscitation shall be attempted in accordance with Section C.
C. Resuscitation for a sea turtle on board
1. When handling a sea turtle, attempts shall be made to hold the animal by the shell, avoiding the head and neck region, and the flippers.
2. It shall be strived to remove and/or disentangle any foreign items from the sea turtle, such as any plastic items, netting or embedded hooks, etc.
3. The sea turtle shall be placed on its bottom shell (plastron) so that the sea turtle is right side up, safely isolated and immobilized on a cushioned surface, such as an automobile tire without a rim, a boat cushion or a coil of rope. The primary purpose of the cushioned surface is to elevate the sea turtle from the deck to assist in restraining it. Elevate its hindquarters at least 6 inches (15 cm) for a period of 4 up to 24 hours. The degree of the elevation depends on the size of the turtle; greater elevations are needed for larger sea turtles. Periodically, rock the sea turtle gently left to right and right to left by holding the outer edge of the shell (carapace) and lifting one side about 3 inches (8 cm) then alternate to the other side. Gently touch the eye and pinch the tail (reflex test) periodically to see if there is a response.
4. Sea turtles being resuscitated shall be shaded and kept damp or moist but shall under no circumstances be placed into a container holding water. A water-soaked towel placed over the head, carapace and flippers is the most effective method to keep a sea turtle moist.
5. Sea turtles that revive and become active shall be released over the stern of the boat only when fishing gear is not in use (i.e. not actively being set or hauled), when the engine gears are in neutral position, and in areas where they are unlikely to be recaptured or injured by vessels.
6. Sea turtles that fail to respond to the reflex test or fail to move within 4 hours (up to 24 hours, if possible) shall be returned to the water in the same manner as that for actively moving sea turtles.
ANNEX VII
IN-PORT TRANSHIPMENT
1. |
Transhipment in port by Union vessels or in Union ports of tuna and tuna-like species and any other species caught in association with those species in the ICCAT Convention area shall follow the following procedures: Notification obligations 2. Fishing vessel
3. Receiving vessel
Port and landing State cooperation
Reporting
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ANNEX VIII
ICCAT REGIONAL OBSERVER PROGRAMME FOR TRANSHIPMENT AT SEA OPERATIONS
1. Member States shall require carrier vessels included in the ICCAT record of vessels authorised to receive transhipments in the ICCAT Convention area and which tranship at sea, to carry an ICCAT regional observer during each transhipment operation in the ICCAT Convention area.
2. Observers shall be appointed by ICCAT and shall be placed on board the carrier vessels authorised to receive transhipments in the ICCAT Convention area from large-scale pelagic longline vessels (LSPLVs) flying the flag of CPCs that implement the ICCAT regional observer programme.
Designation of the observers
3. The designated observers shall have the following qualifications to accomplish their tasks:
Obligations of the observer
4. Observers shall:
have completed the technical training required by the guidelines established by ICCAT;
not be nationals or citizens of the flag State of the receiving carrier vessel;
be capable of performing the duties set out in point 5;
be included in the list of observers maintained by ICCAT;
not be a crew member of the LSPLV or the carrier vessel or an employee of the LSPLV or carrier vessel company.
5. The observer shall monitor the LSPLV's and carrier vessel's adherence to the relevant conservation and management measures adopted by ICCAT. The observers' tasks shall be, in particular, to:
Visit the LSPLV intending to tranship to a carrier vessel, taking into account the concerns reflected in point 9, and before the transhipment takes place, to:
check the validity of the fishing vessel's authorisation or licence to catch tuna and tuna-like species and any other species caught in association with those species in the ICCAT Convention area;
inspect the fishing vessel's prior authorisations to tranship at sea from the flag CPC and, if appropriate, the coastal State;
check and record the total quantity of catch on board by species and, if possible, by stock, and the quantities to be transhipped to the carrier vessel;
check that the vessel monitoring system (VMS) is functioning and examine the logbook and verify entries, if possible;
verify whether any of the catch on board resulted from transfers from other vessels, and check the documentation on such transfers;
in the case of indication that there are any violations involving the fishing vessel, immediately report the violation(s) to the master of the carrier vessel (taking due regard of any safety considerations) and to the observer programme implementing company, who shall promptly forward it to the flag CPC authorities of the fishing vessel; and
record the results of these duties on the fishing vessel in the observer's report.
Observe the activities of the carrier vessel and:
record and report upon the transhipment activities carried out;
verify the position of the vessel when engaged in transhipping;
observe and estimate quantities of tuna and tuna-like species transhipped by species, if known, and, if possible, by stock;
observe and estimate the quantities of other species caught in association with tuna and tuna-like species by species, if known;
verify and record the name of the LSPLV concerned and its ICCAT record number;
verify the data contained in the transhipment declaration, including through comparison with the LSPLV logbook, where possible;
certify the data contained in the transhipment declaration;
countersign the transhipment declaration; and
observe and estimate quantities of product by species when offloaded in the port where the observer is disembarked to verify consistency with quantities received during transhipment at sea.
In addition, the observer shall:
issue a daily report of the carrier vessel's transhipping activities;
establish general reports compiling the information collected in accordance with the observer's duties and provide the captain the opportunity to include therein any relevant information;
submit to the ICCAT Secretariat the general reports referred to in point (b) within 20 days from the end of the period of observation;
exercise any other functions as defined by ICCAT.
6. Observers shall treat as confidential all information with respect to the fishing operations of the LSPLV and of the LSPLV owners and accept this requirement in writing as a condition of appointment as an observer.
7. Observers shall comply with requirements established in the laws and regulations of the flag Member State and, where relevant, the coastal State, which exercises jurisdiction over the vessel to which the observer is assigned.
8. Observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations of vessel personnel set out in point 9.
Responsibilities of the flag States of carrier vessels
9. The conditions associated with implementation of the regional observer programme vis à vis the flag States of the carrier vessels and their captains include, in particular, the following:
Observers shall be allowed access to the vessel personnel, pertinent documentation, and to the gear and equipment.
Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 5:
satellite navigation equipment;
radar display viewing screens when in use;
electronic means of communication; and
scale used for weighing transhipped product.
Observers shall be provided with accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers.
Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties.
Observers shall be allowed to determine the most advantageous location and method for viewing transhipment operations and estimating species/stocks and quantities transhipped. In this regard, the master of the carrier vessel, giving due regard to safety and practical concerns, shall accommodate the needs of the observers, including, upon request, temporarily placing product on the carrier vessel deck for inspection by the observers and providing adequate time for the observers to carry out their duties. Observations shall be conducted in a manner that minimises interference and avoids compromising the quality of the products transhipped.
In light of the provisions of point 10, the master of the carrier vessel shall ensure that all necessary assistance is provided to the observer to ensure safe transport between the carrier and fishing vessels should weather and other conditions permit such an exchange. and
The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe the observers in the performance of their duties.
Responsibilities of LSPLVs during transhipments
10. Observers shall be allowed to visit the fishing vessel, if weather and other conditions permit, and shall be granted access to personnel, all pertinent documentation, and areas of the vessel necessary to carry out their duties set out in point 5. The master of the fishing vessel shall ensure that all necessary assistance is provided to the observer to ensure safe transport between the carrier and fishing vessels. Should conditions present an unacceptable risk to the welfare of the observer such that a visit to the LSPLV is not feasible prior to the start of transhipment operations, such operations may still be carried out.
Observer fees
11. The costs of implementing this programme shall be financed by the flag CPCs of LSPLVs wishing to engage in transhipment operations. The fee shall be calculated on the basis of the total costs of the programme. That fee shall be paid into a special account of the ICCAT Secretariat and the ICCAT Secretariat shall manage the account for implementing the programme.
12. No LSPLV may participate in the transhipment at sea programme unless the fees, as required under point 11, are paid.
ANNEX IX
Minimum standards for safe handling and live release procedures for North and South Atlantic shortfin mako sharks
This Annex sets out minimum standards for safe handling practices for North and South Atlantic shortfin mako sharks, and includes specific recommendations for both longline and purse seine fisheries.
These minimum standards are appropriate for live shortfin mako sharks when released, whether under no-retention policies or voluntarily. These minimum standards do not replace any stricter safety rules that may have been established under national law.
Safety first: These minimum standards shall be considered in light of the safety of and practicability for crew members. The safety of crew members shall always come first. As a minimum, crew members shall wear suitable gloves and avoid working near the mouths of sharks.
Training: Training materials are available to Member States in the three ICCAT official languages.
Method of release: To the greatest extent practicable, all sharks being released shall remain in the water at all times unless it is necessary to lift sharks for species identification. This includes cutting the line to free the shark while it is still in the water, using bolt cutters or dehooking devices to remove the hook if possible, or cutting the line as close to the hook as possible (leaving as little trailing line as possible).
Be prepared: Tools shall be prepared in advance (e.g. canvas or net slings, stretchers for carrying or lifting, large mesh net or grid to cover hatches or hoppers in purse seine fisheries and long handled cutters and de-hookers in longline fisheries, listed under Section E).
A. General recommendations for all fisheries
1. If operationally safe to do so, stop the vessel or have its speed substantially reduced.
2. When the shark is entangled (in netting, fishing line, etc.), if safe to do so, carefully cut the net or line free from the shark and release it to the sea as quickly as possible with no entanglements attached.
3. Where feasible, and while keeping the shark in the water, try to measure the length of the shark.
4. To prevent bites, place an object, such as a fish or big stick or wooden pole, in the jaw.
5. If, for whatever reason, a shark must be brought on the deck, then minimise the time it takes to return it to the water to increase its chance of survival and reduce risks to the crew members.
B. Longline fisheries specific safe handling practices
1. Bring the shark as close to the vessel as possible without putting too much tension on the branchline to avoid the possibility that a released hook or branchline break could shoot hook, weights and other parts toward the vessels and crew members at high speed.
2. Secure the far side of the longline mainline to the boat so that no gear remaining in the water pulls on the line and the shark.
3. If hooked, and the hook is visible in the body or mouth, use a dehooking device or long-handled bolt cutter to remove the hook barb, and then remove the hook.
4. If it is not possible to remove the hook or the hook cannot be seen, cut the line of the trace (or snood, leader) as close to the hook as possible (ideally leaving as little line and/or leader material as possible and no weights attached to the shark).
C. Purse seine fisheries specific safe handling practices
1. If in purse seine: Scan the net as far ahead as possible to spot any sharks early so as to react quickly. Avoid lifting the sharks up in the net towards the power block. Reduce vessel speed to slacken the tension of the net and allow the entangled shark to be removed from the net. If necessary, use clippers to cut the net.
2. If in brail or on deck: Use a purpose-built large-mesh cargo net or canvas sling or similar device. If the vessel layout allows, the sharks could also be released by emptying the brail directly onto a hopper and release ramp held up at an angle that connects to an opening on the top deck railing, without need to be lifted or handled by the crew members.
D. Specific recommendations and safe handling practices for all fisheries
1. To the greatest extent practicable, do not lift sharks from the water using the branchline, especially if hooked, unless it is necessary to lift sharks for species identification.
2. Do not lift sharks using thin wires or cables, or by the tail alone.
3. Do not strike a shark against any surface, for example to remove the animal from the line.
4. Do not attempt to dislodge any hook that is deeply ingested and not visible.
5. Do not try to remove a hook by pulling sharply on the branchline.
6. Do not cut the tail or any other body part.
7. Do not cut or punch holes in the shark.
8. Do not gaff or kick a shark, or insert hands into the gill slits.
9. Do not expose the shark to the sun for extended periods.
10. Do not wrap your fingers, hands or arms in the line when bringing a shark to the boat (could result in serious injury).
E. Useful tools for safe handling and release:
gloves (shark skin is rough; ensures safe handling of shark and protects crew members’ hands from bites);
towel or cloth (a towel or cloth soaked in seawater can be placed on the eyes of the shark to calm shark down);
dehooking devices (e.g. pig tail dehooker, bolt or plier cutters);
shark harness or stretcher (if needed);
tail rope (to secure a hooked shark if it needs to be removed from the water);
saltwater hose (if anticipated that it may require more than 5 minutes to release a shark, then place a hose into its mouth so seawater flows into it at a moderate rate; make sure deck pump has been running several minutes before placing it in a sharks mouth);
measuring device or method (e.g. mark a pole, leader and float, or a measuring tape);
data sheet for recording all catch;
tagging gear (if applicable).
ANNEX X
Guidelines for reducing the ecological impact of FADs in ICCAT fisheries
1. The surface structure of the FAD shall not be covered or shall be, if covered, covered only with material implying minimum risk of entangling by-catch species.
2. The sub-surface components of the FAD shall be composed exclusively of non-entangling material (e.g. no ropes or canvas).
3. When designing FADs, the use of biodegradable materials shall be prioritised.
( 1 ) Procedure number 2015/0289(COD), not yet published in the Official Journal.
( 2 ) Procedure number 2015/0289(COD), not yet published in the Official Journal.
( 3 ) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
( 4 ) Procedure number 2015/0289(COD), not yet published in the Official Journal.
( 5 ) Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).
( 6 ) Commission Implementing Decision (EU) 2016/1251 of 12 July 2016 adopting a multiannual Union programme for the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019 (OJ L 207, 1.8.2016, p. 113).
( 7 ) Procedure number 2015/0289(COD), not yet published in the Official Journal.
( 8 ) Procedure number 2015/0289(COD), not yet published in the Official Journal.
( *1 ) Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007 (OJ L 315, 30.11.2017, p. 1).’.