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Document 02023R2053-20240408
Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627
Consolidated text: Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627
Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627
02023R2053 — EN — 08.04.2024 — 001.001
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
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REGULATION (EU) 2023/2053 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 September 2023 (OJ L 238 27.9.2023, p. 1) |
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REGULATION (EU) 2024/897 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 March 2024 |
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REGULATION (EU) 2023/2053 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 September 2023
establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627
CHAPTER I
General provisions
Article 1
Subject matter
This Regulation lays down general rules for the uniform and effective implementation by the Union of the multiannual management plan for bluefin tuna (Thunnus thynnus) in the eastern Atlantic and the Mediterranean, as adopted 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:
catch bluefin tuna in the Convention Area; and
tranship or carry on board, including outside the Convention Area, bluefin tuna caught in the Convention Area;
Union farms;
third country fishing vessels and third country vessels engaged in recreational fisheries that operate in Union waters and catch bluefin tuna in the Convention Area;
third country vessels which are inspected in Member State ports and which carry on board bluefin tuna caught in the Convention Area or fishery products originating from bluefin tuna caught in Union waters that have not been previously landed or transhipped at ports.
Article 3
Objective
The objective of this Regulation is to implement the multiannual management plan for bluefin tuna, as adopted by ICCAT, which aims to maintain a biomass of bluefin tuna above levels capable of producing MSY.
Article 4
Relationship with other Union acts
Unless otherwise stated in this Regulation, this Regulation applies without prejudice to other Union acts governing the fisheries sector, in particular:
Regulation (EC) No 1224/2009;
Regulation (EC) No 1005/2008;
Regulation (EU) 2017/2403 of the European Parliament and of the Council ( 1 );
Regulation (EU) 2017/2107;
Regulation (EU) 2019/1241 of the European Parliament and of the Council ( 2 ).
Article 5
Definitions
For the purpose of this Regulation, the following definitions apply:
‘ICCAT’ means the International Commission for the Conservation of Atlantic Tunas;
‘SCRS’ means the Standing Committee on Research and Statistics of the ICCAT;
‘the Convention’ means the International Convention for the Conservation of Atlantic Tunas;
‘Convention Area’ means the geographical area, as set out in Article I of the Convention;
‘CPC’ means a Contracting Party to the Convention and a cooperating non-contracting party, entity or fishing entity;
‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;
‘farm Member State’ or ‘Member State responsible for the farm’ means the Member State under whose jurisdiction the farm is located;
‘flag Member State’ means the Member State where the fishing vessel is flagged;
‘trap Member State’ or ‘Member State responsible for the trap’ means the Member States under whose jurisdiction the trap is located;
‘fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, processing vessels, support vessels, towing vessels, vessels engaged in transhipment, transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels;
‘catching vessel’ means a vessel used for the purposes of the commercial capture of bluefin tuna resources;
‘towing vessel’ means any vessel used for towing live bluefin tuna cages;
‘processing vessel’ means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to their packaging: filleting or slicing, freezing and/or processing;
‘support vessel’ means any fishing vessel, other than a catching vessel, processing vessel, towing vessel, vessel engaged in transhipment, transport vessel equipped for the transportation of tuna products or auxiliary vessel, authorised to operate in the bluefin tuna fishery to perform support tasks;
‘auxiliary vessel’ means any vessel used to transport dead bluefin tuna (not processed) from a transport or farming cage, a purse seine vessel or a trap to a designated port or to a processing vessel;
‘small-scale coastal vessel’ is a catching vessel with at least three of the five following characteristics:
length overall of less than 12 metres;
the vessel fishes exclusively inside the waters under jurisdiction of the flag Member State;
the duration of fishing trips is less than 24 hours;
the maximum number of crew members is established at four persons;
the vessel fishes using techniques which are selective and have a reduced environmental impact;
‘large-scale pelagic longline vessel’ means a pelagic longline vessel greater than 24 metres in length overall;
‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;
‘purse seine’ 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 ground rope, enabling the net to be pursed and closed;
‘joint fishing operation’ means any operation between two or more purse seine vessels where the catch of one purse seine vessel is attributed to one or more purse seine vessels in accordance with a previously agreed allocation key;
‘gear group’ means a group of fishing vessels using the same gear for which a group quota has been allocated;
‘fishing effort’ means the product of the capacity and the activity of a fishing vessel to measure the intensity of the fishing operations; that measurement varies from gear to gear: for longline fisheries it is measured in number of hooks or hooks-hours; for purse seine vessels it is measured in terms of boat days (fishing time and searching time);
‘fishing actively’ means, for any catching vessel, the fact that it targets bluefin tuna during a given fishing season;
‘BCD’ means a bluefin tuna catch document;
‘eBCD’ means an electronic bluefin tuna catch document;
‘transhipment’ means the unloading of all or any of the fisheries products on board a fishing vessel to another fishing vessel; however, unloading of dead bluefin tuna from the purse seine, the trap or the towing vessel to an auxiliary vessel is not considered as transhipment;
‘live bluefin tuna’ means bluefin tuna that is kept alive for a certain period in a trap, or transferred alive to a farming installation, caged, farmed and finally harvested or released;
‘harvesting’ means the killing of bluefin tuna in farms or traps;
‘trap’ means fixed gear anchored to the bottom, usually containing a guide net that leads bluefin tuna into an enclosure or series of enclosures where it is kept prior to harvesting or farming;
‘caging’ means the relocation of live bluefin tuna in farms and their subsequent feeding aiming to fatten and increase their total biomass;
‘control caging’ means a repetition of the caging operation being implemented at the request of the control authorities, for the purpose of verifying the number or the average weight of fish being caged;
‘farming’ or ‘fattening’ means caging of bluefin tuna in farms and subsequently feeding aiming to fatten and increase their total biomass;
‘farm’ means a marine area, in one or more locations all of which are clearly defined by geographical coordinates with a clear definition of longitude and latitude for each one of the points of the polygon, used for the fattening or farming of bluefin tuna caught by traps or purse seine vessels;
‘input farming capacity’ means the maximum amount of wild bluefin tuna in tonnes that a farm is allowed to cage during a fishing season;
‘transfer’ means any transfer of:
live bluefin tuna from the catching vessel’s net to the transport cage;
live bluefin tuna from the trap to the transport cage, independently of the presence of a towing vessel;
live bluefin tuna from the transport cage to another transport cage;
a cage containing live bluefin tuna from a towing vessel to another towing vessel;
live bluefin tuna between different cages in the same farm (intra-farm transfer);
live bluefin tuna from a farm cage to a transport cage;
‘control transfer’ means the repetition of any transfer being implemented at the request of control authorities;
‘inter-farm transfer’ means the relocation of live bluefin tuna from one farm to another farm composed of two phases, a transfer from the donor farm cage to a transport cage and a caging from the transport cage to the receiving farm cage;
‘first transfer’ means a transfer of live bluefin tuna from a purse seine or a trap to a transport cage;
‘further transfer’ means any transfer that is conducted after the first transfer and before caging at the farm of destination, such as splitting or merging of the contents of two transport cages, with the exception of voluntary or control transfers;
‘voluntary transfer’ means the repetition of any transfer being voluntarily implemented by the donor operator;
‘control camera’ means a stereoscopic camera or conventional video camera for the purpose of the controls pursuant to this Regulation;
‘stereoscopic camera’ means a camera with two or more lenses, with a separate image sensor or film frame for each lens, enabling the taking of three-dimensional images for the purpose of measuring the length of the fish;
‘donor operator’ means the master, or the master’s representative, of the catching or towing vessel, or the operator, or the operator’s representative, of the farm or trap, from which, except in the case of voluntary and control transfers, a transfer operation originates;
‘Member State of the donor operator’ means the Member State that exercises its jurisdiction over the donor operator.
CHAPTER II
Management measures
Article 6
Conditions associated with fisheries management measures
Article 7
Carry-over of non-harvested live bluefin tuna
If a carry-over is permitted in accordance with paragraph 1, the following points shall apply:
by 25 May of each year, Member States responsible for farms shall complete and submit to the Commission an annual carry-over declaration which shall include:
quantities (expressed in kg) and number of fish intended to be carried over;
catch year;
average weight;
flag Member State or CPC;
references of the BCD corresponding to the catches carried over;
name and ICCAT number of the farm;
cage number; and
information on harvested quantities (expressed in kg), when completed;
the quantities carried over pursuant to paragraph 1 shall be placed in separate cages or in separate series of cages in the farm on the basis of the catch year.
Article 8
Carry-over of unused quotas
Article 9
Quota transfers
Article 10
Quota deductions in the event of overfishing
If Member States overfish the quotas allocated to them and the situation cannot be remedied by quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, Articles 37 and 105 of Regulation (EC) No 1224/2009 shall apply.
Article 11
Annual fishing plans
Each Member State with a bluefin tuna quota shall establish an annual fishing plan. That plan shall include, at least, the following information for the catching vessels and traps:
the quotas allocated to each gear group, including by-catch quotas;
where applicable, the method used to allocate and manage quotas;
the measures to ensure the respect of individual quotas;
open fishing seasons for each gear category;
information on designated ports;
the rules on by-catch; and
the number of catching vessels, other than bottom trawlers, above 24 metres in length overall and purse seine vessels that are authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.
Article 12
Allocation of fishing opportunities
In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.
Article 13
Annual fishing capacity management plans
Each Member State with a bluefin tuna quota shall establish an annual fishing capacity management plan. In that plan, the Member State shall adjust the number of catching vessels and traps in a way that ensures that the fishing capacity is commensurate with the fishing opportunities allocated to catching vessels and traps for the relevant quota period. The Member State shall adjust the fishing capacity using the parameters defined in the applicable Union act for the allocation of fishing opportunities. The adjustment of Union fishing capacity for purse seine vessels shall be limited to a maximum variation of 20 % compared to the baseline fishing capacity of 2018.
Article 14
Annual monitoring, control and inspection plan
Each Member State with a bluefin tuna quota shall establish an annual monitoring, control and inspection plan with the view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with:
the objectives, priorities and procedures as well as benchmarks for inspection activities set out in the specific control and inspection programme for bluefin tuna established under Article 95 of Regulation (EC) No 1224/2009;
the national control action programme for bluefin tuna established under Article 46 of Regulation (EC) No 1224/2009 until 31 December 2025, and, after that date, in accordance with the national control programme established under Article 93a of that Regulation.
Article 15
Annual farming management plans
Article 16
Transmission of annual plans
By 31 January of each year, each Member State with a bluefin tuna quota shall submit the following plans to the Commission:
the annual fishing plan for the catching vessels and traps fishing bluefin tuna in the eastern Atlantic and the Mediterranean, established in accordance with Article 11;
the annual fishing capacity management plan established in accordance with Article 13;
the annual monitoring, control and inspection plan established in accordance with Article 14; and
the annual farming management plan established in accordance with Article 15.
CHAPTER III
Technical measures
Article 17
Fishing seasons
Article 18
Landing obligation
This Chapter shall be without prejudice to Article 15 of Regulation (EU) No 1380/2013, including any applicable derogations thereto.
Article 19
Minimum conservation reference size
By way of derogation from paragraph 1, a minimum conservation reference size for bluefin tuna of 8 kg or 75 cm fork length shall apply to the following fisheries:
bluefin tuna caught in the eastern Atlantic by baitboats and trolling boats;
bluefin tuna caught in the Mediterranean by the small-scale costal fleet fishery for fresh fish by baitboats, longliners and handliners; and
bluefin tuna caught in the Adriatic Sea by vessels flying the flag of Croatia for farming purposes.
Article 20
Incidental catches below the minimum conservation reference size
Article 21
By-catches
Article 21a
Prohibition of retention of bluefin tuna on board support vessels
Support vessels shall not retain on board or transport bluefin tuna.
Article 22
Use of aerial means
It shall be prohibited to use any aerial means, including aircraft, helicopters or any types of unmanned aerial vehicles to search for bluefin tuna.
CHAPTER IV
Recreational fisheries
Article 23
Specific quota for recreational fisheries
Article 24
Specific conditions for recreational fisheries
Member States with a bluefin tuna quota allocated to recreational fisheries shall regulate those fisheries by issuing fishing authorisations to vessels for the purpose of recreational fisheries. Upon request by ICCAT, Member States shall make available to the Commission the list of those vessels which have been granted a fishing authorisation for bluefin tuna. The Commission shall transmit that list electronically to ICCAT. The list shall contain the following information for each vessel:
name of vessel;
register number;
ICCAT record number (if any);
previous name (if any);
names and addresses of owners and operators.
Article 25
Catch, tag and release
Member States authorising ‘catch, tag and release’ activities, shall:
submit description of those activities and the measures applicable thereto as an integral part of their fishing and inspection plans referred to in Articles 12 and 15;
closely monitor the activities of the vessels concerned to ensure their compliance with this Regulation;
ensure that the tagging and releasing operations are performed by trained personnel to ensure a high survival rate of the individuals; and
submit an annual report to the Commission, by 30 June each year, on the scientific activities conducted. The Commission shall forward the report to the ICCAT Secretariat 60 days before the SCRS meeting of the following year.
CHAPTER V
Control measures
Article 26
Lists and records of vessels
Each year, 1 month before the start of the period of fishing authorisation, Member States shall submit to the Commission the following vessel lists:
a list of all catching vessels fishing actively for bluefin tuna; and
a list of all other vessels engaged in bluefin tuna-related activities, other than catching vessels.
Each vessel list shall include the following information:
name and registry number of the vessel;
specification of the type of vessel differentiating at least between catching vessels, towing vessels, auxiliary vessels, support vessels and processing vessels;
length and gross registered tonnage (GRT) or, where possible, gross tonnage (GT);
IMO number (where applicable);
gear used (if any);
previous flag (if any);
previous name (if any);
any previous details of deletion from other registers;
international radio call sign (if any);
name and addresses of owners and operators; and
time period authorised for fishing, operating and transporting bluefin tuna for farming.
The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that the vessels included in those lists can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.
Subsequent changes to the lists referred to in paragraph 1 and to the information referred to in paragraphs 1 and 3, during a calendar year, shall only be accepted if a notified fishing vessel is prevented from participating in the fishery due to legitimate operational reasons or force majeure. In such circumstances, the Member State concerned shall without delay inform the Commission of that fact, and shall provide:
full details of the fishing vessel or vessels intended to replace that vessel; and
a comprehensive account of the reason justifying the replacement and any relevant supporting evidence or references.
Article 27
Fishing authorisations for vessels
Article 28
Lists and records of traps authorised to fish for bluefin tuna
Article 28a
Lists and record of farms
As part of its fishing plan, each Member State shall submit to the Commission electronically, a list of farms authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean. That list shall include the following information:
the name of the farm;
register number;
names and addresses of owners and operators;
the input and total farming capacity allocated to each farm;
the geographical coordinates of the areas authorised for farming activities; and
the status of the farm (active or inactive).
The Commission shall transmit that information to the ICCAT Secretariat so that those farms can be entered into the ICCAT record of bluefin tuna farming facilities.
Article 29
Information on fishing activities
By 15 July each year, each Member State shall submit to the Commission detailed information on bluefin tuna catches in the eastern Atlantic and the Mediterranean in the preceding year. The Commission shall forward that information to the ICCAT Secretariat by 31 July each year. This information shall include:
the name and ICCAT number of each catching vessel;
the period of authorisation(s) for each catching vessel;
the total catches of each catching vessel, including zero catches, throughout the period of authorisation(s);
the total number of days each catching vessel fished in the eastern Atlantic and the Mediterranean throughout the period of authorisation(s); and
the total catch outside their period of authorisation (by-catch).
Member States shall submit the following information to the Commission for fishing vessels flying their flag which were not authorised to fish actively for bluefin tuna in the eastern Atlantic and the Mediterranean but which caught bluefin tuna as by-catch:
the name and ICCAT number or, if not registered with ICCAT, the national registry number of the vessel; and
the total catches of bluefin tuna.
Article 30
Joint fishing operations
The application form for the authorisation to participate in a joint fishing operation is set out in Annex IV. Each Member State shall take the necessary measures to obtain the following information from its purse seine vessels participating in a joint fishing operation:
the requested period of authorisation of the joint fishing operation;
the identity of the operators involved;
the individual vessels’ quotas;
the allocation key between the vessels for the catches involved; and
information on the farms of destination.
Article 31
Recording requirements
Article 32
Catch reports sent by masters and trap operators
Article 33
Designated ports
For a port to be determined as a designated port, the port Member State shall ensure that the following conditions are met:
established landing and transhipment times;
established landing and transhipment places; and
established inspection and surveillance procedures ensuring inspection coverages during all landing and transhipment times and at all landing and transhipment places in accordance with Article 35.
Article 34
Prior notification of landings
Prior to entry into port, masters, or their representatives, of Union fishing vessels, including processing vessels and auxiliary vessels, included in the list of vessels referred to in Article 26, shall, at least four hours before the estimated time of arrival at the port, notify the competent authority of their flag Member State or the CPC whose ports or landing facility they wish to use, of at least the following information:
estimated date and time of arrival;
estimated quantity of bluefin tuna retained on board;
information on the geographical area where the catches were taken.
Article 35
Transhipments
Article 36
Catch reports submitted by Member States
Each Member State shall submit catch reports to the Commission every 2 weeks. Those reports shall include the data required under Article 32 as regards traps and catching vessels. The information shall be structured by gear type. The Commission shall transmit that information to the ICCAT Secretariat without delay.
Article 37
Information on quota exhaustion
Article 38
National observer programme
Each Member State shall ensure that the deployment of national observers, issued with an official identification document, on fishing vessels and traps active in the bluefin tuna fishery covers at least:
20 % of its active pelagic trawlers (over 15 metres);
20 % of its active longline vessels (over 15 metres);
20 % of its active baitboats (over 15 metres);
100 % of towing vessels;
100 % of harvesting operations from traps.
Member States with fewer than five catching vessels belonging to the categories listed in points (a), (b) and (c) of the first subparagraph and authorised to fish actively for bluefin tuna shall ensure that the deployment of national observers covers at least 20 % of the time the vessels are active in the bluefin tuna fishery.
For the purposes of this Article Member States shall ensure:
representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, fishing effort and other scientific and management aspects, taking into account characteristics of the fleets and fisheries;
robust data collection protocols;
that observers are properly trained and approved before deployment;
that observers are provided, before the start of their deployment, with a list of contacts within the Member State’s competent authority where to report observations;
to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area.
that masters of fishing vessels and the trap operators allow observers access to the electronic means of communication on board the fishing vessels or on the traps.
Article 39
ICCAT regional observer programme
Member States shall ensure that an ICCAT regional observer is present:
on all purse seine vessels authorised to fish bluefin tuna;
during all transfers of bluefin tuna from purse seine vessels;
during all transfers of bluefin tuna from traps to transport cages;
during all transfers from one farm cage to transport cages, which then are towed to another farm;
during all cagings of bluefin tuna in farms;
during all harvesting of bluefin tuna from farms; and
during the release of bluefin tuna from farming cages into the sea.
The ICCAT regional observers’ tasks shall be, in particular to:
observe and monitor fishing and farming operations in compliance with the relevant ICCAT conservation and management measures, including through access to stereoscopic camera footage at the time of caging that enables the measuring of length and the estimation of the corresponding weight;
sign the ITDs and BCDs when the information contained therein is consistent with their own observations. Otherwise, the ICCAT regional observer shall indicate his/her presence on the ITDs and BCDs and the reasons of disagreement quoting specifically the rule(s) or procedure(s) that has not been respected;
carry out scientific work, including collecting samples, based on the guidelines from the SCRS.
Article 40
Transfer authorisation
Before the start of a transfer operation, including a voluntary transfer, the donor operator shall send to the flag, farm or trap Member State a prior transfer notification indicating:
the number and the estimated weight of the bluefin tuna individuals to be transferred;
the name and ICCAT number of the catching vessel, towing vessels, farm or trap;
the date and the location of the catch;
the date and estimated time of transfer;
the estimated position (latitude and longitude) where the transfer will take place and the donor and receiving cage numbers;
the name and ICCAT number of the farm of destination;
the name and ICCAT number of the donor farm, in the case of a transfer from the farm cage to a transport cage;
the cage numbers of the two farm cages and any transport cages involved, in the case of intra-farm transfers.
▼M1 —————
Article 41
Refusal of the transfer authorisation and consequent release of bluefin tuna
The Member State to which a prior transfer notification has been sent pursuant to Article 40(1) shall refuse to authorise the transfer if, on receipt of the prior notification of transfer, it considers that:
the catching vessel or the trap declared to have caught the fish did not have a sufficient quota;
the number and weight of bluefin tuna individuals have not been duly reported by the catching vessel or trap, or caging of the bluefin tuna individuals was not authorised;
the catching vessel or the trap declared to have caught the fish did not have a valid fishing authorisation for bluefin tuna issued in accordance with Article 27 or 28;
the towing vessel declared to receive the transfer of fish is not registered in the ICCAT record of other fishing vessels referred to in Article 26, or is not equipped with a fully-functioning VMS or equivalent tracking device; or
the farm of destination is not reported as active in the ICCAT record of bluefin tuna farming facilities.
Article 42
ICCAT transfer declaration
At the end of the transfer operation the donor operator shall complete and transmit the ICCAT transfer declaration (‘ITD’) in accordance with the format set out in Annex VI to:
the competent authorities of the flag or trap Member State;
the ICCAT regional observer where the presence of that observer is mandatory; and
where applicable, the master of the towing vessel or the operator of the farm of destination.
At first transfer, the original ITD shall be duplicated by the donor operator when a single catch is transferred from the purse seine or the trap to more than one transport cage.
In the event of a further transfer, the master of the donor towing vessel shall update the ITD by completing section 3 (Further transfers) thereof and provide the updated ITD to the receiving towing vessel.
A copy of the ITD shall be kept on board the donor catching or towing vessels, or by the operator of the donor trap or donor farm, and be accessible at any time for control purposes during the duration of the fishing season.
Article 43
Monitoring by video camera
The donor operator shall ensure that the transfer is monitored by video camera in the water in order to determine the number of bluefin tuna individuals being transferred, except for transfers of cages between two towing vessels, which do not involve the movement of live bluefin tuna individuals between those cages. The video recording shall be carried out in accordance with the minimum standards for video recording procedures set out in Annex X.
Each competent authority of the Member State of the donor operator shall take the necessary measures to ensure that copies of the relevant video records are provided without delay by the donor operator:
for the first transfer and any voluntary transfer, to the ICCAT regional observer, to the master of the receiving towing vessel and, at the end of the fishing trip, to the competent authority of the flag or trap Member State of the donor operator;
for further transfers, to the national observer on board the donor towing vessel, to the master of the receiving towing vessel and, at the end of the towing trip, to the competent authority of the flag Member State of the donor towing vessel;
for transfers between two different farms, to the ICCAT regional observer, to the master of the receiving towing vessel and to the competent authority of the farm Member State of the donor operator; and
if a national or ICCAT inspector is present during the transfer operation, to that inspector.
Article 43a
Voluntary and control transfers
Article 44
Investigation by the competent authority of the Member State of the donor operator
The competent authorities of the Member State of the donor operator shall investigate all cases where:
there is a difference greater than 10 % between the number of bluefin tuna individuals reported in the ITD by the donor operator and the number of bluefin tuna individuals determined by the ICCAT regional observer, or by the national observer, as appropriate;
the ICCAT regional observer has not signed the ITD.
The margin of error of 10 % referred to in the first subparagraph, point (a), shall be expressed as a percentage of the donor operator’s figures.
At the initiation of an investigation, the competent authority of the Member State of the donor operator shall inform the competent authority of the flag Member State or CPC of the towing vessels concerned about the investigation and ensure that no transfer is permitted from or to the transport cage concerned until the investigation is concluded.
Where applicable, the investigation shall include the analysis of all the relevant video records. Except in the event of force majeure, such an investigation shall be concluded prior to the time of caging at the farm and in any case within 96 hours of the initiation of the investigation. Pending the results of the investigation, caging shall not be authorised and the relevant section of the eBCD shall not be validated.
Article 45
Implementing acts
The Commission may adopt implementing acts laying down operational procedures for the application of this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Article 45a
Amendments to ITDs and eBCDs following inspections at sea or investigations
If, following an inspection at sea or an investigation, the difference in the number of bluefin tuna individuals being transferred is found to be greater than 10 % to that declared in the ITD and eBCD, the eBCD shall be amended by the competent authority of the Member State of the donor operator to reflect the result of that inspection or investigation.
Article 45b
General provisions
Article 45c
Unique identifying number
Article 45d
Caging authorisation
The farm operator shall request a caging authorisation to be issued by the competent authority of the farm Member State. The caging authorisation shall include the following information:
the number and weight of the bluefin tuna individuals to be caged as referred to in the ITD;
the relevant ITD;
the number of the eBCDs concerned, as confirmed and validated by the competent authority of the catching flag or trap Member State or CPC;
all reports of fish that die during transport, duly recorded in accordance with Annex XIII.
Article 46
Refusal of a caging authorisation
The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that:
the catching vessel or trap which caught the fish did not have a sufficient quota to cover the bluefin tuna to be caged;
the quantity of fish to be caged has not been duly reported by the catching vessel or trap; or
the catching vessel or trap declared to have caught the fish does not have a valid fishing authorisation for bluefin tuna, issued in accordance with Article 27 or 28.
If the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall:
inform the competent authority of the farm Member State or CPC; and
request the competent authority of the farm Member State or CPC to proceed with the seizure of the catches and the release of the fish into the sea.
Article 46a
Caging
Article 47
Bluefin tuna catch documentation
It shall be prohibited for farm Member States to authorise the cage of bluefin tuna that are not accompanied by the documents required by ICCAT in the framework of the catch documentation programme of Regulation (EU) 2023/2833 ( 4 ). The documentation shall be accurate and complete, and shall be validated by the flag Member State or CPC of the catching vessels or the catching trap Member State or CPC.
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Article 49
Recording of caging operations by control cameras and caging declaration
Article 50
Launching and conduct of investigations
Article 51
Measures and programmes to determine the number and weight of bluefin tuna individuals being caged
The catching flag or trap Member State shall issue a release order, in accordance with the procedures set out in Annex XII, for the quantities caged which exceed the quantities declared caught and transferred, if:
the investigation referred to in Article 50(1) is not concluded within 10 working days from the communication of the results of the stereoscopical programme, for a single caging operation, or of all caging operations from a joint fishing operation; or
the outcome of the investigation referred to in Article 50(1) indicates that the number and/or average weight of bluefin tuna is in excess of that declared caught and transferred.
The release of the excess shall be conducted in the presence of control authorities.
Article 52
Releases associated with caging operations
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Article 56
Implementing acts
The Commission may adopt implementing acts laying down procedures for the application of the provisions laid down in this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Article 56a
Harvesting
Any harvesting operation in farms or traps shall be subject to an authorisation by the farm or trap Member State. To that end, the operator of the farm or trap intending to harvest bluefin tuna shall submit to its farm or trap Member State, as applicable, a request for authorisation, which shall include at least the following information:
Article 56b
Intra-farm transfers
Article 56c
Carry-over
Article 56d
Annual carry-over declaration
The competent authorities of the farm Member States shall complete and transmit, attached to the revised farming management plan, an annual carry-over declaration to the Commission within 10 days after the end of the carry-over assessment. Such declaration shall include at least the following information:
flag Member State;
name and ICCAT number of the farm;
year of catch;
references of the eBCD corresponding to the catches carried over;
cage numbers;
quantities (expressed in kg) and number of bluefin tuna individuals carried over;
average weight;
information of each of the carry-over assessment operations: date and cage numbers; and
information on previous intra-farm transfers, where applicable.
The Commission shall forward the annual carry-over declaration to the ICCAT Secretariat within the 15 days after the end of the carry-over assessment operation.
Article 56e
Random controls
Article 56f
Inter-farm transfers
Article 57
Vessel Monitoring System
Member States shall ensure that:
VMS messages from the fishing vessels flying their flag are forwarded to the Commission as set out in paragraph 1;
in the event of technical malfunctioning of the VMS, alternative messages from the fishing vessels flying their flag received pursuant to Article 25(1) of Implementing Regulation (EU) No 404/2011 are forwarded to the Commission within 24 hours of receipt by their fisheries monitoring centres;
In the event of a technical malfunction of the VMS, the towing vessel concerned shall be replaced by another towing vessel with a fully functioning VMS; if no other towing vessel is available, a new operative VMS shall be installed on board or used if already installed, as soon as feasible and not later than 72 hours, except in the event of force majeure, that should be communicated to the ICCAT Secretariat; in the meantime, the master or the master’s representative shall, starting from the time that the event was detected and/or communicated, communicate to the control authorities of the flag Member State every hour the up-to-date geographical coordinates of the towing vessel by appropriate telecommunication means;
messages forwarded to the Commission are sequentially numbered (with a unique identifier) in order to avoid duplication;
messages forwarded to the Commission are in accordance with Article 24(3) of Implementing Regulation (EU) No 404/2011.
Article 58
ICCAT Scheme of Joint International Inspection
Article 59
Inspections in the event of suspected infringements
The flag Member State shall ensure that a physical inspection of a fishing vessel flying its flag takes place under its authority in its ports, or by an inspector designated by it when the fishing vessel is not in one of its ports, if the fishing vessel:
failed to comply with the recording and reporting requirements set out in Articles 31 and 32; or
committed a breach of this Regulation or a serious infringement referred to in Article 42 of Regulation (EC) No 1005/2008 or in Article 90 of Regulation (EC) No 1224/2009.
Article 60
Cross-checks
Article 61
Enforcement
Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009 and in particular the duty of the Member States to take appropriate enforcement measures with respect to a fishing vessel, the farm Member State shall take appropriate enforcement measure with respect to a farm, where it has been established, in accordance with applicable national law that that farm does not comply with Articles 45b to 52 of this Regulation. The measures may include, depending on the gravity of the offence and in accordance with applicable national law, suspension of the authorisation or removal of the farm from the national list of farms and/or the imposition of financial penalties.
CHAPTER VI
Marketing
Article 62
Marketing measures
Union trade, import, landing, placing in cages for fattening or farming, processing, export, re-export and transhipment of bluefin tuna shall be prohibited where:
the bluefin tuna was caught by fishing vessels or traps the flag State of which does not have a quota or catch limit for bluefin tuna under the terms of ICCAT conservation and management measures; or
the bluefin tuna was caught by a catching vessel or trap whose individual quota or whose State’s fishing opportunities were exhausted at the time of the catch.
CHAPTER VII
Final provisions
Article 63
Evaluation
Upon request from the Commission, Member States shall submit without delay a detailed report on their implementation of this Regulation to the Commission. Based on the information received from Member States, the Commission shall submit to the ICCAT Secretariat by the date decided by the ICCAT, a detailed report on the implementation of ICCAT Recommendation 19-04.
Article 64
Financing
For the purposes of Regulation (EU) No 508/2014 of the European Parliament and of the Council ( 6 ), this Regulation shall be deemed to be a multiannual plan within the meaning of Article 9 of Regulation (EU) No 1380/2013.
Article 65
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 66
Procedure for amendments
The Commission is empowered to adopt delegated acts in accordance with Article 67 concerning amendments to this Regulation in order to adapt it to measures adopted by ICCAT that bind the Union and its Member States as regards:
annual carry-over under Article 8 for bluefin tuna;
deadlines for reporting information as laid down in Article 15(7), Article 16(1), Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 50(4), Article 57(5), point (b), and Article 58(6);
time periods for fishing seasons as provided in Article 17(1) to (4);
the minimum conservation reference size set out in Article 19(1) and (2) and Article 20(1);
the percentages and reference parameters laid down in Article 13, Article 15(3) and (4), Article 20(1), Article 21(2), Article 38(1), Article 44(2), Article 50 and Article 51(8);
the information to be submitted to the Commission referred to in Article 11(1), Article 24(1), Article 25(3), Article 29(1), Article 30(4), Article 34(2), Article 40(1) and Article 55;
tasks for national observers and ICCAT regional observers as provided in Article 38(2) and Article 39(5), respectively;
reasons to refuse the authorisation to transfer laid down in Article 41(1);
reasons to seize the catches and order the release of fish of Article 46(4);
the number of vessels set out in Article 58(3);
Annexes I to XVb;
the content of the carry-over declaration laid down in Article 7(2), point (a), and provisions for caging laid down in Article 7(2), point (b);
the derogations set out in Article 17(2) to designate fishing areas, fishing vessels and gear, and in Article 17(3) for fishing bluefin tuna for farming purposes;
conditions for assigning ICCAT regional observers to farms under Article 39(4).
Article 67
Exercise of the delegation
Article 68
Committee procedure
Article 69
Amendments to Regulation (EC) No 1936/2001
Regulation (EC) No 1936/2001 is amended as follows:
Article 3, points (g) to (j), Articles 4a, 4b, and 4c and Annex Ia are deleted;
in Annex I, the indent ‘Bluefin tuna: Thunnus thynnus’ is deleted;
in Annex II, the row ‘Thunnus thynnus: Bluefin tuna’ is deleted.
Article 70
Amendment to Regulation (EU) 2017/2107
In Regulation (EU) 2017/2107, Article 43 is deleted.
Article 71
Amendment to Regulation (EU) 2019/833
In Regulation (EU) 2019/833, Article 53 is deleted.
Article 72
Repeal
Article 73
Entry into force
This Regulation shall enter into force on the twentieth 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
SPECIFIC CONDITIONS APPLYING TO THE CATCHING VESSELS FISHING UNDER ARTICLE 19
1. Each Member State shall ensure the following capacity limitations are respected:
The maximum number of its baitboats and trolling boats authorised to fish actively bluefin tuna to the number of the vessels participating in directed fishery for bluefin tuna in 2006.
The maximum number of its artisanal fleet authorised to fish actively bluefin tuna in the Mediterranean to the number of the vessels participating in the fishery for bluefin tuna in 2008.
The maximum number of its catching vessels authorised to fish actively bluefin tuna in the Adriatic Sea to the number of the vessel participating in the fishery for bluefin tuna in 2008.
Each Member State shall allocate individual quotas to the vessels concerned.
2. Each Member State may allocate:
3. For a maximum of 7 % by weight of individuals of bluefin tuna caught in the Adriatic Sea for farming purposes by vessels flying its flag, Croatia may apply a minimum weight of 6,4 kg or 66 cm fork length.
4. Member States whose baitboats, longliners, handliners and trolling boats are authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean shall institute tail tag requirements as follows:
ANNEX II
LOGBOOK REQUIREMENTS
A. CATCHING VESSELS
Minimum specifications for fishing logbooks:
The logbook shall be numbered by sheet.
The logbook shall be completed every day (midnight) or before port arrival.
The logbook shall be completed in case of at-sea inspections.
One copy of the sheets shall remain attached to the logbook.
Logbooks shall be kept on board to cover a period of one year of operation.
Minimum standard information for fishing logbooks:
Master’s name and address.
Dates and ports of departure, dates and ports of arrival.
Vessel’s name, register number, ICCAT number, international radio call sign and IMO number (if available).
Fishing gear:
type by FAO code;
dimension (e.g. length, mesh size, number of hooks).
Operations at sea with one line (minimum) per day of trip, providing:
activity (e.g. fishing, steaming);
position: exact daily positions (in degree and minutes), recorded for each fishing operation or at midday when no fishing has been conducted during that day;
record of catches, including:
For purse seine vessels, those data shall be recorded by fishing operation, including nil return.
Master’s signature.
Means of weight measure: estimation, weighing on board.
The logbook shall be kept in equivalent live weight of fish and shall mention the conversion factors used in the evaluation.
Minimum information for fishing logbooks in the case of landing or transhipment:
Dates and port of landing or transhipment.
Products:
species and presentation by FAO code;
number of fish or boxes and quantity in kg.
Signature of the master or vessel agent.
In the case of transhipment: receiving vessel name, its flag and ICCAT number.
Minimum information for fishing logbooks in the case of transfer into cages:
Date, time and position (latitude/longitude) of transfer.
Products:
species identification by FAO code;
number of fish and quantity in kg transferred into cages.
Name of towing vessel, its flag and ICCAT number.
Name of the farm of destination and its ICCAT number.
In the case of a joint fishing operation (JFO), in addition to the information laid down in points 1 to 4, the masters shall record in their logbook:
as regards the catching vessel transferring the fish into cages:
as regards the other catching vessels of the same JFO not involved in the transfer of the fish:
B. TOWING VESSELS
1. The master of a towing vessel shall record in the daily logbook the date, time and position of transfer, the quantities transferred (number of fish and quantity in kg), the cage number, as well as the catching vessel’s name, flag and ICCAT number, the name of the other vessel(s) involved and their ICCAT number, the farm of destination and its ICCAT number, and the ITD number.
2. Further transfers to auxiliary vessels or to other towing vessel shall be reported, including the same information as in point 1, as well as the auxiliary or towing vessel’s name, flag and ICCAT number and the ITD number.
3. The daily logbook shall contain the details of all transfers carried out during the fishing season. The daily logbook shall be kept on board and be accessible at any time for control purposes.
C. AUXILIARY VESSELS
1. The master of an auxiliary vessel shall record the activities daily in the logbook, including the date, time and positions, the quantities of bluefin tuna taken on board, and the fishing vessel, farm or trap name the master of the auxiliary vessel is operating in association with.
2. The daily logbook shall contain the details of all activities carried out during the fishing season. The daily logbook shall be kept on board and be accessible at any time for control purposes.
D. PROCESSING VESSELS
1. The master of a processing vessel shall report in the daily logbook the date, time and position of the activities and the quantities transhipped and the number and weight of bluefin tuna received from farms, traps or catching vessels, where applicable. The master shall also report the names and ICCAT numbers of those farms, traps or catching vessels.
2. The master of a processing vessel shall maintain a daily processing logbook specifying the round weight and number of fish transferred or transhipped, the conversion factor used, and the weights and quantities by product presentation.
3. The master of a processing vessel shall maintain a stowage plan that shows the location and the quantities of each species and presentation.
4. The daily logbook shall contain the details of all transhipments carried out during the fishing season. The daily logbook, processing logbook, stowage plan and the originals of ICCAT transhipment declarations shall be kept on board and be accessible at any time for control purposes.
ANNEX III
CATCH REPORT FORM
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Catch report form |
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ICCAT Number |
Vessel name |
Report start date |
Report end date |
Report duration (d) |
Catch date |
Location of the catch |
Catch |
Attributed weight in case of a joint fishing operation (kg) |
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Longitude |
Weight (kg) |
Number of pieces |
Average weight (kg) |
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ANNEX IV
APPLICATION FORM FOR THE AUTHORISATION TO PARTICIPATE IN A JOINT FISHING OPERATION
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Joint fishing operation |
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Vessel name |
ICCAT No |
Duration of the operation |
Identity of the operators |
Vessel’s individual quota |
Allocation key per vessel |
Fattening and farming farm destination |
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ICCAT No |
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Date …
Validation of the flag State …
ANNEX V
ICCAT TRANSHIPMENT DECLARATION
ANNEX VI
ICCAT TRANSFER DECLARATION
ANNEX VII
MINIMUM INFORMATION FOR FISHING AUTHORISATIONS ( 7 )
A. IDENTIFICATION
1. ICCAT registration number
2. Name of fishing vessel
3. External registration number (letters and numbers)
B. FISHING CONDITIONS
1. Date of issue
2. Period of validity
3. Conditions of fishing authorisation, including, where appropriate, species, zone, fishing gear and any other conditions applicable derived from this Regulation and/or from national legislation.
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From …/…/… To …/…/… |
From …/…/… To …/…/… |
From …/…/… To …/…/… |
From …/…/… To …/…/… |
From …/…/… To …/…/… |
From …/…/… To …/…/… |
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ANNEX VIII
Observer programmes
I. NATIONAL OBSERVER PROGRAMME
1. The national observer tasks shall be, in general, to monitor the compliance of fishing vessels and traps with this Regulation.
2. When deployed on board a catching vessel, the national observer shall record and report on the fishing activity, including in particular, the following:
the national observer’s estimation of the number and weight of bluefin tuna individuals caught (including by-catch);
disposition of the catch, such as retained on board, discarded dead or released alive;
area of catch by latitude and longitude;
measure of fishing effort (e.g. number of sets, number of hooks), as defined in the ICCAT Manual for different gear types;
date of catch;
verification of the consistency of entries made in the logbook with the national observer’s own catch estimation.
3. When deployed on a towing vessel the national observers shall:
in case of a further transfer involving movement of fish between two transport cages:
without delay, analyse the video record of the further transfer, to estimate the number of bluefin tuna individuals being transferred;
immediately notify the competent authorities of the flag Member States of the donor towing vessels of the national observer’s observations, including the number of bluefin tuna individuals estimated by the national observer and the corresponding number of bluefin tuna individuals reported on the ITDs by the master of the donor towing vessel; and
include the results of the analysis of the national observer in the observer reports to the competent authorities of the flag Member States of the donor towing vessels;
record and report in the observer reports all bluefin tuna individuals observed during the transport trip to be dead;
sight and record vessels that are suspected to be fishing contrary to ICCAT conservation measures; and
notify the competent authorities of the flag Member States of the donor towing vessels without delay of the observer reports at the end of the towing trip.
4. When deployed on a trap the national observer shall:
verify the harvesting authorisation issued by the competent authorities of the trap Member State;
validate the information in the processing and/or harvesting declarations made by the master of the processing vessel, or the master’s representative, or by the trap operator.
5. The national observer shall also carry out scientific work, such as collecting all the necessary data required by the Commission, based on recommendations of the SCRS.
II. ICCAT REGIONAL OBSERVER PROGRAMME
1. Each Member State shall require operators of farms and traps, and masters of purse seine vessels, or the masters’ representatives, under its jurisdiction to deploy an ICCAT regional observer, as set out in Article 39.
2. The ICCAT regional observers shall be appointed before 1 April, or as soon as practical, each year, and shall be placed in farms, on traps and on board the purse seine vessels flying the flag of Member States that implement the ICCAT regional observer programme. An ICCAT regional observer card shall be issued for each observer.
3. A contract listing the rights and duties between the ICCAT regional observer and the master of the fishing vessel or operator of the farm or trap shall be signed by both parties involved.
4. An ICCAT observer programme manual shall be established.
A. Qualifications of ICCAT regional observers
The ICCAT regional observers shall have the following qualifications to accomplish their tasks:
sufficient experience to identify species and fishing gear;
satisfactory knowledge of the ICCAT conservation and management measures, and of ICCAT training guidelines;
the ability to observe and record accurately;
the ability to analyse video records;
to the extent possible, a satisfactory knowledge of the language of the flag, farm or trap Member State or CPC where they are conducting their tasks.
B. Obligations of ICCAT regional observers
1. ICCAT regional observers shall:
have completed the technical training required by the guidelines established by ICCAT;
be nationals of one of the Member States or CPCs and, to the extent possible, not nationals of the flag Member State or CPC of the purse seine vessel, of the farm Member State or CPC, or of the trap Member State or CPC observed;
be capable of performing the tasks set out in Part II, Section C;
be included in the list of ICCAT regional observers maintained by the ICCAT Secretariat;
not have current financial or beneficial interests in bluefin tuna fishery.
2. ICCAT regional observers shall treat as confidential all information with respect to the fishing and transfer operations conducted by the purse seine vessels, the farms and the traps, and shall accept this requirement in writing as a condition to be appointed as an ICCAT regional observer.
3. ICCAT regional observers shall comply with the requirements established in the laws and regulations of the flag or farm Member State or CPC which exercises jurisdiction over the vessel, farm or trap to which the ICCAT regional observers are assigned.
4. ICCAT regional observers shall respect the hierarchy and general rules of behaviour which apply to all vessel, farm and trap personnel, provided that such rules do not interfere with the duties of the ICCAT regional observer under this programme, or with the obligations of vessel, farm and trap personnel set out in this Annex.
C. Tasks of the ICCAT regional observer
1. The ICCAT regional observer tasks shall be, in particular, to:
as a general task:
observe and monitor compliance of the bluefin tuna fishing and farming operations with the relevant ICCAT conservation and management measures;
carry out such scientific work, such as collecting samples or Task II data, as required by the Commission, based on the recommendations of the SCRS;
sight and record vessels suspected to be fishing in contravention of ICCAT conservation and management measures, and verify and record the name of the fishing vessel concerned and its ICCAT number;
exercise any other tasks as determined by the Commission;
as regards purse seine vessels or trap catching activity:
observe and report on the fishing activities carried out;
observe and estimate catches and verify entries made in the logbook;
as regards first transfers from a purse seine vessel or trap to transport cages:
record and report on the transfer activities carried out;
verify the position of the vessel when engaged in a transfer;
review and analyse all the video records related to the transfer operation concerned, where applicable;
estimate the number of bluefin tuna individuals being transferred and record the result in the ITD;
issue a daily report of the transfer activities of purse seine vessels;
record and report on the result of the analysis carried out;
verify entries made in the prior transfer notification referred to in Article 40, in the ITD referred to in Article 42 and in the eBCD;
verify that the ITD referred to in Article 42 is transmitted to the master of the towing vessel or to the operator of the farm or trap;
in relation to control transfers, verify the seals’ identification number and ensure that the seals are placed in such a way to prevent the opening of the doors without the seals being broken;
as regards caging operations, review the camera video records at caging to determine the number of bluefin tuna individuals caged, in due time to allow the farm operator to complete the related caging declaration;
as regards verification of data:
verify and certify the data contained in the ITDs, the caging declarations and the eBCD, including through the analysis of video records;
issue a daily report on the transfer activities of the purse seine vessels, farms and traps;
where the relevant operation is in accordance with the ICCAT conservation and management measures and the information contained within those documents is consistent with the observations made by the ICCAT regional observer, sign the ITDs, the caging declarations and the eBCD, with the name and ICCAT number clearly written; or in case of disagreement, indicate his/her presence on the relevant ITD and caging declarations or the eBCD concerned, or both, and the reasons of disagreement, quoting specifically the rules or procedures that, in the view of the ICCAT regional observer, have not been respected;
as regards releases:
as regards releases before caging, observe and report on the release operation from the purse seine or the transport cage, in accordance with the release protocol in Annex XII;
as regards releases after caging, observe and report on the prior segregation of fish and the subsequent release operation, in accordance with the release protocol in Annex XII, including by verifying that the quality of the video record of the prior segregation satisfies the minimum standards for video recording procedures set out in Annex X and determining the number of bluefin tuna individuals released;
in both cases, verify the release order issued by the competent authority of the Member State or CPC concerned and validate the information in the release declaration made by the donor or farm operator;
as regards harvesting operation in farms:
verify the harvesting authorisation issued by the competent authority of the farm Member State or CPC;
validate the information in the processing and harvesting declarations made by the master of the processing vessel, or its representative, or by the farm operator;
as regards reporting
register and verify the presence of any type of tag, including natural marks, and notify any sign of recent tag removals; for all bluefin tuna individuals tagged with electronic tags, conduct full biological sampling (otoliths, spine and genetic sample) following guidelines issued by the SCRS;
establish general reports compiling the information collected under Section C and provide the master of the fishing vessel and farm operator the opportunity to add any relevant information to those reports;
submit the general reports referred to in point (h)(ii) to the entity operating the ICCAT regional observer programme, for transmission to the ICCAT Secretariat within 20 days from the end of the period of observation;
in cases where the ICCAT regional observer observes potential non-compliance with an ICCAT recommendation, submit that information without delay to the entity operating the ICCAT regional observer programme who shall transmit it without delay to the competent authority of the flag, trap or farm Member State concerned, and to the ICCAT Secretariat; for that purpose, the entity operating the ICCAT regional observer programme shall set up a system through which that information can be securely communicated;
obtain, as far as possible, evidence (i.e. photos, video records) of potential non-compliance detected and attach them to the ICCAT regional observer report.
D. Obligations of the flag, trap and farm Member States
1. The flag, farm and trap Member States shall ensure that, in particular, the ICCAT regional observer:
is allowed access to personnel on the purse seine vessel, farm and trap and to the gear, cages equipment and records of the control camera;
on request and in order to carry out the duties set out in the ICCAT regional observer programme, is allowed access to the following equipment, if present on the vessels to which the observers is assigned:
satellite navigation equipment;
radar display screens when in use;
electronic means of communication;
is provided accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers;
is 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.
2. The flag, trap and farm Member States shall ensure that masters, crew members, and farm, trap and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an ICCAT regional observer in the performance of ICCAT regional observer duties.
3. The flag, trap or farm Member States shall be provided, in a manner consistent with any applicable data confidentiality requirements, with copies of all raw data, summaries and reports pertaining to the fishing trip. The ICCAT regional observer reports shall be submitted to the Compliance Committee and to the SCRS.
4. The competent authorities of the flag, farm or trap Member States where the ICCAT regional observer is providing observer services, may request that the observer be replaced if they have evidence that the ICCAT regional observer does not fulfil the obligations, or adequately carry out the tasks, set out in this Regulation. Any such cases shall be reported to Panel 2.
E. Fees and organisation
1. The costs of implementing the ICCAT regional observer programme shall be financed by the operators of the farms and traps and owners of the purse seine vessels. The fee shall be calculated on the basis of the total costs of the programme and paid into a special account of the ICCAT Secretariat used for the implementation of the ICCAT regional observer programme.
2. No ICCAT regional observer shall be assigned to a vessel, trap or farm for which the fees, as required under this Annex, have not been paid.
ANNEX IX
ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION
ICCAT agreed at its Fourth Regular Meeting (Madrid, November 1975) and at its Annual Meeting in 2008 in Marrakesh that:
Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the establishment of the following arrangements for international control outside the waters under national jurisdiction for the purpose of ensuring the application of the Convention and the measures in force thereunder:
I. SERIOUS VIOLATIONS
1. For the purposes of these procedures, a serious violation means the following violations of the provisions of the ICCAT conservation and management measures adopted by the ICCAT Commission:
fishing without a licence, permit or authorisation issued by the flag CPC;
failure to maintain sufficient records of catch and catch-related data in accordance with the ICCAT Commission’s reporting requirements or significant misreporting of such catch and/or catch-related data;
fishing in a closed area;
fishing during a closed season;
intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by ICCAT;
significant violation of catch limits or quotas in force pursuant to ICCAT rules;
using prohibited fishing gear;
falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;
concealing, tampering with or disposing of evidence relating to the investigation of a violation;
multiple violations which, taken together, constitute a serious disregard of measures in force pursuant to ICCAT;
assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorised inspector or observer;
intentionally tampering with or disabling the VMS;
such other violations as are determined by the ICCAT, once those are included and circulated in a revised version of those procedures;
fishing with the assistance of spotter planes;
interference with the satellite monitoring system and/or operation of a vessel without the VMS;
transfer activity without ITD;
transhipment at sea.
2. In the case of any boarding and inspection of a fishing vessel during which the authorised inspector observes an activity or condition that would constitute a serious violation, as defined in point 1, the authorities of the flag State of the inspection vessels shall immediately notify the flag State of the fishing vessel, directly as well as through the ICCAT Secretariat. In such situations, the inspector shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity.
3. The ICCAT inspector shall register, in the fishing vessel’s logbook, the inspections undertaken and any infringements detected.
4. The flag Member State shall ensure that, following the inspection referred to in point 2, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated.
5. If the vessel is not called to port, the flag Member State shall provide due justification in a timely manner to the Commission which shall forward the information to the ICCAT Secretariat, who shall make it available on request to other Contracting Parties.
II. CONDUCT OF INSPECTIONS
6. Inspections shall be carried out by inspectors designated by the Contracting Parties. The names of the authorised government agencies and each inspector designated for that purpose by their respective governments shall be notified to the ICCAT Commission.
7. Ships carrying out international boarding and inspection duties in accordance with this Annex shall fly a special flag or pennant approved by the ICCAT Commission and issued by the ICCAT Secretariat. The names of the ships so used shall be notified to the ICCAT Secretariat as soon as practical in advance of the commencement of inspection activities. The ICCAT Secretariat shall make information regarding designated inspection vessels available to all CPCs, including by posting on its password-protected website.
8. Each inspector shall carry an appropriate identity document issued by the authorities of the flag State, which shall be in the form shown in point 21 of this Annex.
9. Subject to the arrangements agreed under point 16, a vessel flagged to a Contracting Party and fishing for tuna or tuna-like fish in the Convention Area outside the waters within its national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a ship flying the ICCAT pennant described in point 7 and carrying an inspector, unless the vessel is actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master of the vessel shall permit the inspection party, as specified in point 10, to board it and shall provide aboarding ladder. The master shall enable the inspection party to make such examination of equipment, catch or gear and any relevant documents as an inspector deems necessary to verify the compliance with the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel being inspected. Further, an inspector may ask for any explanations that are deemed necessary.
10. The size of the inspection party shall be determined by the commanding officer of the inspection vessel, taking into account relevant circumstances. The inspection party shall be as small as possible to safely and securely accomplish the duties set out in this Annex.
11. Upon boarding the vessel, the inspector shall produce the identity documentation described in point 8. The inspector shall observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew, and shall minimise interference with fishing activities or stowage of product and, to the extent practicable, avoid action, which would adversely affect the quality of the catch on board.
Each inspector shall limit his/her enquiries to ascertaining whether the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned are observed. In making the inspection, an inspector may ask the master of the fishing vessel for any assistance that is required. The inspector shall draw up a report of the inspection in a form approved by the ICCAT Commission. The inspector shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which the master of the vessel considers suitable and shall sign such observations.
12. Copies of the report shall be given to the master of the vessel and to the government of the inspection party, which shall transmit copies to the appropriate authorities of the flag State of the inspected vessel and to the ICCAT Commission. Where any infringement of ICCAT recommendations is discovered, the inspector shall, where possible, also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity.
13. Resistance to an inspector or failure to comply with an inspector’s directions shall be treated by the flag State of the inspected vessel in a manner similar to such conduct committed with respect to a national inspector.
14. Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this Regulation, but they shall remain under the operational control of their national authorities and shall be responsible to them.
15. Contracting Parties shall consider and act on inspection reports, sighting information sheets as per ICCAT Recommendation 94-09 and statements resulting from documentary inspections of foreign inspectors under these arrangements on a similar basis as to the reports of national inspectors, in accordance with their national legislation. This point shall not impose any obligation on a Contracting Party to give the report of a foreign inspector a higher evidential value than it would possess in the inspector’s own country. Contracting Parties shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements.
16.
Contracting Parties shall inform the ICCAT Commission by 15 February each year of their provisional plans for conducting inspection activities under the recommendation implemented by this Regulation in that calendar year and the ICCAT Commission may make suggestions to Contracting Parties for the coordination of national operations in this field, including the number of inspectors and ships carrying inspectors.
The arrangements set out in the ICCAT Recommendation 19-04 and the plans for participation shall apply between Contracting Parties unless otherwise agreed between them, and such agreement shall be notified to the ICCAT Commission. However, the implementation of the scheme shall be suspended between any two Contracting Parties if either of them has notified the ICCAT Commission to that effect, pending completion of such an agreement.
17.
The fishing gear shall be inspected in accordance with the regulations in force for the subarea in which the inspection takes place. The inspector shall state the subarea for which the inspection took place and describe any violations found in the inspection report.
The inspector shall be entitled to inspect all fishing gear in use or on board.
18. The inspector shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected which appears to be in contravention of the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned and shall record this fact in the inspection report.
19. The inspector may photograph the gear, equipment, documentation and any other element the inspector considers necessary in such a way as to reveal those features which in his/her opinion are not in conformity with the regulation in force, in which case the subjects photographed shall be listed in the report and copies of the photographs shall be attached to the copy of the report to the flag State.
20. The inspector shall, as necessary, inspect all catch on board to determine compliance with ICCAT recommendations.
21. The model identity card for inspectors is as follows:
ANNEX X
MINIMUM STANDARDS FOR VIDEO RECORDING PROCEDURES
Transfer operations
1. The electronic storage device containing the original video record shall be provided to the ICCAT regional observer as soon as possible after the end of the transfer operation, who shall immediately initialise it to avoid any further manipulation.
2. The original recording shall be kept on board the catching vessel or by the farm or trap operator, where appropriate, during its entire period of authorisation.
3. Two identical copies of the video record shall be produced. One copy shall be transmitted to the ICCAT regional observer on board the purse seine vessel and one to the national observer on board the towing vessel, the latter of which shall accompany the ITD and the associated catches to which it relates. That procedure shall only apply to national observers in the case of transfers between towing vessels.
4. The ICCAT transfer authorisation number shall be displayed at the beginning or at the end of each video, or both.
5. The time and the date of the video shall be continuously displayed throughout each video record.
6. Before the start of the transfer, the video shall include the opening and closing of the net or door and footage showing whether the receiving and donor cages already contain bluefin tuna.
7. The video recording shall be continuous without any interruptions and cuts and cover the entire transfer operation.
8. The video record shall be of sufficient quality to estimate the number of bluefin tuna being transferred.
9. If the video record is of insufficient quality to estimate the number of bluefin tuna being transferred, a control transfer shall be conducted. The operator may request the flag authorities of the vessel or trap to conduct a control transfer. In the case the operator does not request such control transfer or the result of that voluntary transfer is not satisfactory, the control authorities shall request as many control transfers as necessary until a video record of sufficient quality is available. Such control transfers shall cover transfer of all the bluefin tuna from the receiving cage into another cage which shall be empty. Where the origin of the fish is a trap, the bluefin tuna already transferred from the trap to the receiving cage may be sent back to the trap, in which case the control transfer shall be cancelled under the supervision of the ICCAT regional observer.
Caging operations
1. The electronic storage device containing the original video record shall be provided to the ICCAT regional observer as soon as possible after the end of the caging operation, who shall immediately initialise it to avoid any further manipulation.
2. The original recording shall be kept by the farm, where applicable, during their entire period of authorisation.
3. Two identical copies of the video record shall be produced. One copy shall be transmitted to the ICCAT regional observer deployed on the farm.
4. The ICCAT caging authorisation number shall be displayed at the beginning or at the end of each video, or both.
5. The time and the date of the video shall be continuously displayed throughout each video record.
6, Before the start of the caging, the video shall include the opening and closing of the net/door and whether the receiving and donor cages already contain bluefin tuna.
7. The video recording shall be continuous without any interruptions and cuts and cover the entire caging operation.
8. The video record shall be of sufficient quality to estimate the number of bluefin tuna being transferred.
9. If the video record is of insufficient quality to estimate the number of bluefin tuna being transferred, then a new caging operation shall be requested by the control authorities. The new caging operation shall include all the bluefin tuna in the receiving farm cage into another farm cage which shall be empty.
ANNEX XI
STANDARDS AND PROCEDURES FOR STEREOSCOPICAL CAMERA SYSTEMS IN THE CONTEXT OF CAGING OPERATIONS
A. Use of stereoscopical camera systems
The use of stereoscopic camera systems in the context of caging operations, as required by Article 51, shall be conducted in accordance with the following:
The sampling intensity of live fish shall not be below 20 % of the amount of fish being caged. Where technically possible, the sampling of live fish shall be sequential, one in every five individuals being measured; such a sample shall be made up of fish measured at a distance of between 2 and 8 metres from the camera.
The dimensions of the transfer gate connecting the donor cage and the receiving cage shall be set at a maximum width of 10 metres and a maximum height of 10 metres.
Where the length measurements of the fish present a multi-modal distribution (two or more cohorts of distinct sizes), it shall be possible to use more than one conversion algorithm for the same caging operation; the most up-to-date algorithm(s) established by SCRS shall be used to convert fork lengths into total weights, according to the size category of the fish measured during the caging operation.
Validation of the stereoscopical length measurements shall be undertaken prior to each caging operation using a scale bar at a distance of between 2 and 8 metres.
Where the results of the stereoscopical programme are communicated, the information shall indicate the margin of error inherent to the technical specifications of the stereoscopic camera system, which shall not exceed a range of +/- 5 %.
The report on the results of the stereoscopical programme shall include details on all the technical specifications above, including the sampling intensity, the sampling methodology, the distance from the camera, the dimensions of the transfer gate, and the algorithms (length-weight relationship). SCRS shall review those specifications and, if necessary, provide recommendations to modify them.
In cases where the stereoscopic camera footage is of insufficient quality to estimate the weight of bluefin tuna being caged, a new caging operation shall be ordered by the Member State authorities responsible for the catching vessel, trap or farm.
B. Presentation and use of the results of the programmes
1. Decisions regarding differences between the catch report and the results from the stereoscopical system programme shall be taken at the level of the JFO or total trap catches, for JFOs and trap catches destined to a farm facility involving a single CPC and/or Member State. The decision regarding differences between the catch report and the results from the stereoscopical system programme shall be taken at the level of the caging operations for JFOs involving more than one CPC and/or Member State, unless otherwise agreed by all the flag CPC and/or Member State authorities of the catching vessels involved in the JFO.
2. Within 15 days from the caging date, the Member State responsible for the farm shall provide a report to the Member State or CPC responsible for the catching vessel or trap and to the Commission, including the following documents:
technical stereoscopical system report including:
detailed results of the programme, with the size and weight of every fish that was sampled;
caging report including:
3. When receiving the caging report, the Member State authorities of the catching vessel or trap shall take all the necessary measures according to the following situations:
the total weight declared by the catching vessel or trap in the BCD is within the range of the stereoscopical system results:
the total weight declared by the catching vessel or trap in the BCD is below the lowest figure of the range of the stereoscopical system results:
the total weight declared by the catching vessel or trap in the BCD exceeds the highest figure of the range of the stereoscopical system results:
4. For any relevant modification of the BCD, the values (number and weight) entered in Section 2 shall be consistent with those in Section 6 and the values in Sections 3, 4 and 6, shall be not higher those in Section 2.
5. In the case of compensation of differences found in individual caging reports across all cagings from a JFO/trap, whether or not a release operation is required, all relevant BCDs shall be modified on the basis of the lowest range of the stereoscopical system results. The BCDs related to the quantities of bluefin tuna released shall also be modified to reflect the weight/number released. The BCDs related to bluefin tuna not released but for which the results from the stereoscopical systems or alternative techniques differ from those reported caught and transferred shall also be amended to reflect those differences.
The BCDs relating to the catches from where the release operation took place shall also be modified to reflect the weight/number released.
ANNEX XII
RELEASE PROTOCOL
1. The release of bluefin tuna from farming cages into the sea shall be recorded by video camera and observed by an ICCAT regional observer, who shall draft and submit a report together with the video records to the ICCAT Secretariat.
2. Where a release order has been issued, the farm operator shall request the deployment of an ICCAT regional observer.
3. The release of bluefin tuna from transport cages or traps into the sea shall be observed by a national observer of the Member State responsible for the towing vessel or trap, who shall draft and submit a report to the responsible Member State control authorities.
4. Before a release operation takes place, Member State control authorities might order a control transfer using standard and/or stereoscopic cameras to estimate the number and weight of the fish that need to be released.
5. Member State authorities may implement any additional measures they consider necessary to guarantee that the release operations take place at the most appropriate time and place in order to increase the probability of the fish going back to the stock. The operator shall be responsible for the fish survival until the release operation has taken place. Those release operations shall take place within three weeks of the completion of the caging operations.
6. Following completion of harvesting operations, fish remaining in a farm and not covered by the BCD shall be released in accordance with the procedures laid down in Article 41(2) and this Annex.
ANNEX XIII
Treatment of dead or lost fish
A. Record of dead or lost bluefin tuna
1. The number of bluefin tuna individuals that die during any operation regulated under this Regulation shall be reported by the donor operator, in the case of a transfer operation and associated transport, or by the operator of the farm, in the case of a caging operation or farming activities, and shall be deducted from the relevant quota of the Member State concerned.
2. For the purposes of this Annex, ‘lost fish’ means the missing bluefin tuna individuals that, after the potential differences detected during the investigation referred to in Article 50 of this Regulation, have not been justified as mortalities.
B. Treatment of fish that die during the catch and first transfer
1. The bluefin tuna individuals that die during the catch and first transfer from a purse seine vessel or trap shall be recorded in the purse seine vessel logbook or the trap daily catch report and reported on the ITD and in Section 4 (Transfer information) of the eBCD.
2. The eBCD shall be provided to the master of the towing vessel with Sections 2 (Catch information), 3 (Trade information) and 4 (Transfer information) including subsections regarding ‘dead fish’ completed.
3. Section 2 (Catch information) of the eBCD shall include all bluefin tuna individuals caught. The total quantities reported in Sections 3 (Trade information) and 4 (Transfer information) of the eBCD (including subsections regarding ‘dead fish’) shall be equal to the quantities reported in Section 2 (Catch information) thereof, after deductions of all the mortalities observed between the catch and completion of the transfer.
4. The eBCD shall be accompanied by the ITD in accordance with this Regulation.
5. A copy of the eBCD with Section 8 (Trade information) completed shall be completed and transmitted to the master of the auxiliary vessel which transports the dead bluefin tuna to shore (or retained on the catching vessel or the trap if landed directly to shore). A copy of the ITD shall accompany those dead fish and that copy of the eBCD.
6. The quantities of dead fish shall be recorded in the eBCD of the catching vessel which made the catch or, in the case of joint fishing operations (‘JFOs’), in the eBCD of either the participating catching vessels or of a vessel flying another flag participating in the JFO.
C. Treatment of fish that die or are lost during further transfers and transport operations
1. Masters of the towing vessels shall report, using the template provided for in Section F, all bluefin tuna individuals that die during transport. Individual lines shall be completed by the master of the towing vessel each time a dead or lost fish is detected.
2. In case of further transfers, the master of the donor towing vessel shall provide the original of the report to the master of the towing vessel receiving the bluefin tuna, keeping a copy on board for the duration of the campaign.
3. On the arrival of a transport cage at the destination farm, the master of the towing vessel shall deliver the complete set of reports of dead fish using the template provided for in Section F to the competent authority of the farm Member State or CPC responsible for the farm.
4. For the purpose of the quota uptake to be determined by the flag or trap Member State, the weight of fish that die or are lost during transport shall be evaluated as follows:
for dead fish:
in the case of landing, the effective weight at landing shall be applied;
in the case where the dead fish are discarded, the average weight of bluefin tuna individuals established at the time of caging shall be applied to the number of bluefin tuna individuals discarded;
for fish otherwise considered as lost fish at the moment of the investigation referred to in Article 50, the average weight of bluefin tuna individuals established at the time of caging shall be applied to the number of bluefin tuna individuals considered as being lost fish, as determined by the competent authority of the flag or trap Member State resulting from its analysis of the first transfer video record in the context of that investigation.
D. Treatment of fish that die during caging operations
The fish that die during caging operations shall be reported by the operator of the farm on the caging declaration. The competent authority of the farm Member State shall ensure that the number and weight of the bluefin tuna individuals that die during caging operations is reported in the relevant subsection of section 6 (Farming information) of the eBCD.
E. Treatment of fish that die or are lost during farming activities
Dead or lost fish in farms or those that disappear from farms, including allegedly stolen or escaped fish, shall be reported by the operator of the farm to the competent authority of the farm Member State immediately after the dead or lost fish has been detected. The report of the operator of the farm shall be accompanied by the necessary supporting evidence (e.g. complaint filed about the stolen fish, damage report in case of damage to the cage). After receipt of such a report, the competent authority of the farm Member State shall apply the necessary changes or cancellation of the eBCD concerned (following the necessary developments in the eBCD system).
F. Reporting template
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Reporting of fish that die during further transfers and towing operations |
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Towing vessel |
Name |
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ICCAT No and flag |
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ITD No and cage No |
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Master’s name |
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Catching vessel(s) / trap |
Name of vessel(s) / trap |
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ICCAT number and JFO No |
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eBCDs number(s) |
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Previous towing vessel (if any) |
Name |
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ICCAT No and flag |
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ITD No and cage No |
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Total number of BFT reported dead (*1) |
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Farm of destination |
CPC / Name / ICCAT No |
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Date |
No of dead BFT |
Master’s signature |
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TOTAL |
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(*1)
In case of further transfers, the master of the donor towing vessel shall deliver the original of the mortalities report to the master of the receiving towing vessel. |
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ANNEX XIV
ICCAT DECLARATION ON CAGING ( 8 )
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Vessel name |
Flag |
Registration Number Identifiable cage number |
Date of catch |
Place of catch Longitude Latitude |
eBCD number |
eBCD date |
Date of caging |
Quantity placed in cage (t) |
Number of fish placed in cage for fattening |
Size composition |
Farming facility (*1) |
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(*1)
Facility authorized to operate for fattening of Bluefin tuna caught in the Convention area. |
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ANNEX XV
MINIMUM STANDARDS FOR THE ESTABLISHMENT OF A VMS IN THE ICCAT CONVENTION AREA ( 9 )
1. Notwithstanding any stricter requirements applicable in specific ICCAT fisheries, each flag Member State shall implement a VMS for its fishing vessels above 15 metres in length overall authorised to fish in waters beyond jurisdiction of the flag Member State and shall:
require its fishing vessels to be equipped with an autonomous, tamper-evident system that continuously, automatically, and independent of any intervention by the vessel, transmits messages to the fishing monitoring centre (‘FMC’) of the flag Member State to track the position, course, and speed of a fishing vessel by the flag Member State of that vessel;
ensure that the satellite tracking device fitted on board the fishing vessel collects and transmits continuously to the FMC of the flag Member State the following data:
ensure that the FMC of the flag Member State receives an automatic notification if communication between the FMC and the satellite tracking device is interrupted;
ensure, in cooperation with the coastal State, that the position messages transmitted by the vessels flying its flag while operating in waters under the jurisdiction of that coastal State are also transmitted automatically and in real time to the FMC of the coastal State thathas authorised the activity. In implementing this provision, due consideration shall be been given to minimising the operational costs, technical difficulties, and administrative burden associated with transmission of these messages; and
ensure that, in order to facilitate the transmission and receipt of position messages, as described in point (d), the FMC of the flag Member State or CPC, and the FMC of the coastal State shall exchange their contact information and notify each other without delay of any changes to this information. The FMC of the coastal State shall notify the flag Member State or CPC FMC of any interruption in the reception of consecutive position messages. The transmission of position messages between the FMC of the flag Member State or CPC, and that of the coastal State shall be carried out electronically using a secure communication system.
2. Each Member State shall take appropriate measures to ensure that the VMS messages are transmitted and received, as specified in paragraph 1, and use this information to continuously track the position of the vessels flying its flag.
3. Each Member State shall ensure that the masters of fishing vessels flying its flag ensure that the satellite tracking devices are permanently and continuously operational and that the information identified in paragraph 1, point (b), is collected and transmitted at least once every hour for purse seine vessels and at least once every two hours for all other vessels. In addition, Member States shall require that their vessel operators ensure that:
the satellite tracking device is not tampered with in any way;
VMS data are not altered in any way;
the antennae connected to the satellite tracking device is not obstructed in any way;
the satellite tracking device is hardwired into the fishing vessel and the power supply is not intentionally interrupted in any way; and
the satellite tracking device is not removed from the vessel except for the purposes of repair or replacement.
4. In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month from the time of the event, unless the vessel has been removed from the list of authorised large scale fishing vessels, where applicable, or for vessels not required to be included on ICCAT’s authorised vessel list, the authorisation to fish in areas beyond the jurisdiction of the flag CPC no longer applies. The vessel shall not be authorised to commence a fishing trip with a defective satellite tracking device. Furthermore, when a device stops functioning or has a technical failure during a fishing trip, the repair or the replacement shall take place as soon as the vessel enters a port; the fishing vessel shall not be authorised to commence a fishing trip without the satellite tracking device having been repaired or replaced.
5. Each Member State or CPC shall ensure that a fishing vessel with a defective satellite tracking device shall communicate to the FMC, at least daily, reports containing the information in point (b) of paragraph 1 by other means of communication (radio, web-based reporting, electronic mail, telefax or telex).
6. Member States or CPCs may allow a vessel to power down its satellite tracking device only if the vessel will not be fishing for an extended period of time (e.g. in dry dock for repairs), and it notifies the competent authorities of its flag Member State or CPC in advance. The satellite tracking device shall be re-activated, and collect and transmit at least one report, prior to the vessel leaving port.
ANNEX XVa
Procedure for sealing operations of transport cages
1. Prior to their deployment on a purse seine vessel, a trap, or a towing vessel, the entity operating the ICCAT regional observer programme and the competent authorities of the Member State shall provide a minimum of 25 ICCAT seals to each ICCAT regional observer and national observer under their responsibility, respectively, and maintain a record of the seals provided and used.
2. The donor operator shall be responsible for sealing the cages. For this purpose, a minimum of three seals, placed in such a way that they prevent the opening of the doors without breaking the seals, shall be put on each cage door.
3. The sealing operation shall be video recorded by the donor operator and shall allow the identification of the seals and the verification that the seals have been properly placed. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The video record concerned shall accompany the fish to the farm of destination. A copy of the video record shall be kept on board the donor vessels or on the traps and be accessible for control purposes at any time during the fishing campaign. A copy of the video record shall be made available to the ICCAT regional observer on board the purse seine vessel or on the trap, or to the national observer on the receiving towing vessel, for transmission to the competent authority of the Member State or CPC, or ICCAT regional observer present at the subsequent control transfer.
4. The video record of the subsequent control transfer shall include the unsealing operation, which shall be undertaken in such a way as to allow the identification of the seals and the verification that the seals have not been tampered with.
ANNEX XVb
Template for a processing declaration and harvesting declaration
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Processing / Harvesting (please circle) |
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Date of harvesting(d/m/y): / / |
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Farm / Trap (please circle) |
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Cage(s) number(s): |
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Number of individuals harvested: |
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Live weight in kg of the harvested bluefin tuna: |
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Processed weight in kg of the harvested bluefin tuna: |
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eBCD number(s) associated with the bluefin tuna harvested: |
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Details of auxiliary vessels involved in the operation: Name: Flag: ICCAT Registration No: |
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Destination of the harvested tuna (export, local market, other) (please circle) In case of other, please specify: |
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Validation by the national observer or ICCAT regional observer, as appropriate: Observer Name: ICCAT No: Signature: |
ANNEX XVI
CORRELATION TABLE BETWEEN REGULATION (EU) 2016/1627 AND THIS REGULATION
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Regulation (EU) 2016/1627 |
This Regulation |
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Article 1 |
Article 1 |
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Article 2 |
Article 1 |
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Article 3 |
Article 5 |
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Article 4 |
– |
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Article 5 |
Article 6 |
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Article 6 |
Article 11 |
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Article 7 |
Article 12 |
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Article 8 |
Article 13 |
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Article 9 |
Article 14 |
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Article 10 |
Article 16 |
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Article 11 |
Article 17 and Annex I |
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Article 12 |
Article 17 and Annex I |
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Article 13 |
Article 18 |
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Article 14 |
Article 19 |
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Article 15 |
Article 20 |
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Article 16 |
Article 21 |
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Article 17 |
Article 25 |
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Article 18 |
Article 22 |
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Article 19 |
Article 23 |
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Article 20 |
Article 26 |
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Article 21 |
Article 4 |
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Article 22 |
Article 27 |
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Article 23 |
Article 28 |
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Article 24 |
Article 30 |
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Article 25 |
Article 31 |
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Article 26 |
Article 32 |
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Article 27 |
Article 36 |
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Article 28 |
Article 37 |
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Article 29 |
Article 29 |
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Article 30 |
Article 33 |
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Article 31 |
Article 34 |
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Article 32 |
Article 35 |
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Article 33 |
Article 40 |
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Article 34 |
Article 41 |
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Article 35 |
Article 43 |
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Article 36 |
Article 44 |
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Article 37 |
Article 51 |
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Article 38 |
Article 42 |
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Article 39 |
Article 45 |
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Article 40 |
Article 46 |
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Article 41 |
Article 46 |
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Article 42 |
Article 47 |
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Article 43 |
Article 48 |
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Article 44 |
Article 49 |
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Article 45 |
Article 50 |
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Article 46 |
Article 51 |
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Article 47 |
Article 55 |
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Article 48 |
Article 56 |
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Article 49 |
Article 57 |
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Article 50 |
Article 38 |
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Article 51 |
Article 39 |
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Article 52 |
Article 58 |
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Article 53 |
Article 15 |
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Article 54 |
Article 59 |
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Article 55 |
Article 60 |
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Article 56 |
Article 62 |
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Article 57 |
Article 63 |
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Article 58 |
Article 64 |
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Article 59 |
Article 68 |
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Article 60 |
Article 70 |
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Article 61 |
Article 71 |
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Annex I |
Annex I |
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Annex II |
Annex II |
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Annex III |
Annex V |
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Annex IV |
Annex VI |
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Annex V |
Annex III |
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Annex VI |
Annex IV |
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Annex VII |
Annex VIII |
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Annex VIII |
Annex IX |
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Annex IX |
Annex X |
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Annex X |
Annex XI |
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Annex XI |
Annex XII |
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Annex XII |
Annex XIII |
( 1 ) 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).
( 2 ) Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
( 3 ) Commission Implementing Regulation (EU) 2017/218 of 6 February 2017 on the Union fishing fleet register (OJ L 34, 9.2.2017, p. 9).
( 4 ) Regulation (EU) 2023/2833 of the European Parliament and of the Council of 13 December 2023 establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and repealing Regulation (EU) No 640/2010 (OJ L, 2023/2833, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2833/oj).
( 5 ) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
( 6 ) Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
( 7 ) This is in Implementing Regulation (EU) No 404/2011.
( 8 ) This is the Declaration on caging laid down in ICCAT Recommendation 06-07.
( 9 ) This is in the ICCAT Recommendation Concerning Minimum Standards for Vessel Monitoring Systems in the ICCAT Convention Area 18-10.