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Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

Type Regulation

Publication 2017-11-30

Last updated 2025-12-13

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 88

Reform history JSON API

TITLE I GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down management, conservation and control provisions relating to fishing for highly migratory fish species managed by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

Article 2

Scope

This Regulation applies to:

(a) Union fishing vessels, and Union vessels engaged in recreational fisheries, which operate in the ICCAT Convention area and, in the case of transhipments, also outside the ICCAT Convention area if they tranship species caught in that area;

(b) third country vessels which are inspected in Member States ports and which carry ICCAT species or fishery products originating from such species that have not been previously landed or transhipped at ports;

(c) third country fishing vessels and third country vessels engaged in recreational fisheries which operate in Union waters.

Article 3

Relationship to other Union acts

This Regulation applies without prejudice to the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ([^E0001]) and in Regulation (EU) 2016/1627.

The measures provided for in this Regulation apply in addition to those provided for in Regulations (EC) No 1005/2008 and (EC) No 1224/2009.

Article 4

Definitions

For the purpose of this Regulation, the following definitions apply:

(1) ‘ICCAT species’ means species listed in Annex I;

(2) ‘tropical tuna’ means bigeye tuna, yellowfin tuna and skipjack tuna;

(2a) ‘billfish’ means species of the Istiophoridae family managed by ICCAT;

(3) ‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources or a bluefin tuna trap;

(4) ‘catching vessel’ means a fishing vessel used for the purpose of the capture of marine biological resources;

(5) ‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(6) ‘fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel entitling it to carry out specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;

(7) ‘special fishing authorisation’ means an authorisation issued in respect of a Union fishing vessel entitling it to carry out specific fishing activities with specific gear during a specified period, in a given area or for a given fishery under specific conditions;

(8) ‘transhipment’ means the unloading of all or any fisheries products on board a vessel to another vessel;

(9) ‘recreational fishery’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;

(10) ‘Task I data’ means data defined as Task I by ICCAT in the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fish’;

(11) ‘Task II data’ means data defined as Task II by ICCAT in the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fish’;

(12) ‘CPC’ means contracting parties to the ICCAT Convention and cooperating non-contracting parties, entities or fishing entities;

(13) ‘ICCAT Convention area’ means all waters of the Atlantic Ocean and adjacent seas;

(14) ‘sustainable fisheries partnership agreement’ means an international agreement as defined in point 37 of Article 4(1) of Regulation (EU) No 1380/2013;

(15) ‘vessel length’ means the distance measured in a straight line between the foremost point of the bow and the aftermost point of the stern;

(16) ‘large-scale pelagic longline vessel’ means a pelagic longline vessel greater than 24 metres in length overall;

(17) ‘large-scale fishing vessel’ means a fishing vessel greater than 20 metres in length overall;

(18) ‘large-scale catching vessel’ means a catching vessel greater than 20 metres in length overall;

(19) ‘ICCAT record of large-scale fishing vessels’ means the list, maintained by the ICCAT Secretariat, of large-scale fishing vessels authorised to target ICCAT species in the ICCAT Convention area;

(20) ‘support vessel’ means a vessel other than a craft carried on board that is not equipped with operational fishing gear and that facilitates, assists or prepares fishing activities, including by supplying a catching vessel and deploying, servicing and retrieving a fish-aggregating device;

(21) ‘carrier vessel’ means a support vessel engaged in transhipment and receiving ICCAT species from a large-scale pelagic longline vessel;

(22) ‘ICCAT record of carrier vessels’ means the list, maintained by the ICCAT Secretariat, of vessels authorised to receive transhipment at sea from large-scale pelagic longline vessels in the ICCAT Convention area;

(23) ‘ICCAT record of authorised tropical tunas vessels’ means the list, maintained by the ICCAT Secretariat, of large-scale fishing vessels authorised to fish, retain on board, tranship, transport, process or land tropical tunas in the ICCAT Convention area;

(23a) ‘floating object’ or ‘FOB’ means any natural or artificial floating (i.e. surface or subsurface) object with no capability of moving on its own; fish-aggregating devices (FADs) are FOBs that are human-made and intentionally deployed and/or tracked; logs are FOBs that are accidently lost from anthropic and natural sources;

(24) ‘fish-aggregating device’ or ‘FAD’ means a permanent, semi-permanent or temporary object, structure or device of any material, human-made or natural, which is deployed or tracked, and used to aggregate fish for subsequent capture; FADs can either be anchored (aFADs) or drifting (dFADs);

(24a) ‘FAD set’ means setting fishing gear around a tuna school associated with a FAD;

(25) ‘IUU fishing’ means fishing activities defined in point 1 of Article 2 of Regulation (EC) No 1005/2008;

(26) ‘ICCAT IUU list’ means a list of vessels which are considered by ICCAT to have engaged in IUU fishing;

(27) ‘longlines’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on the target species;

(27a) ‘shallow-set longlines’ means longlines in which, when deployed, the majority of hooks are at a depth of less than 100 metres;

(28) ‘purse seines’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed;

(29) ‘hook’ means a bent, sharpened piece of steel wire;

(30) ‘circle hook’ means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape; circle hooks should have an offset of no more than 10 degrees;

(31) ‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea, which transmits position and any other available information such as echo-sounder estimates.

TITLE II MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN SPECIES

CHAPTER I Tropical tunas

Article 5

Restrictions on the number of Union large-scale catching vessels targeting bigeye tuna

The number and total capacity in gross tonnage (GT) of Union large-scale catching vessels targeting bigeye tuna in the ICCAT Convention area shall be determined:

(a) as the average number and the capacity in GT of Union catching vessels targeting bigeye tuna in the ICCAT Convention area during the period 1991 to 1992; and

(b) on the basis of the restriction on the number of Union catching vessels targeting bigeye tuna in 2005 as notified to ICCAT on 30 June 2005.

Article 5a

Capacity limitation for tropical tuna

By 31 January of each year, Member States shall establish annual fishing and capacity management plans for tropical tuna.

The Member States shall ensure that their overall longline and purse seine fleet capacity is managed in accordance with the annual fishing and capacity management plans referred to in paragraph 1, in particular to limit catches of tropical tuna, consistent with the catch limits established under Union law.

Member States shall not increase their number of support vessels from the numbers recorded in June 2023.

Member States shall report to the Commission the dates on which their entire catch limit of tropical tuna species has been utilised. The Commission shall promptly send that information to the ICCAT Secretariat.

For Union purse seiners and large longline vessels (20 metres in length overall or greater), Member States shall report tropical tuna catches on a monthly basis to the Commission, increasing to weekly when 80 % of their catch limits have been caught.

Every 3 months, Member States shall report to the Commission information on the quantity of tropical tunas by species caught by the vessels flying their flag within 15 calendar days of the end of the period during which the catches were made, namely by 15 April, 15 July and 15 October of each year and by 15 January of the following year, unless such information is sent on a monthly basis to the Commission. That information, whether sent every 3 months or on a monthly basis, shall be sent using the aggregated catch data report format. The Commission shall send that information to the ICCAT Secretariat by 30 April, 30 July and 30 October of each year and by 30 January of the following year.

Article 6

Specific authorisations for large-scale tropical tuna catching vessels and for support vessels

Member States shall issue authorisations, in accordance with the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ([^E0002]), to large-scale catching vessels flying their flag to fish tropical tunas in the ICCAT Convention area.

Member States shall issue authorisations to support vessels flying their flag used for any kind of support to vessels referred to in paragraph 1.

Article 6a

Prohibition on discards of tropical tunas caught by Union purse seiners

Union purse seiners that are authorised to fish tropical tuna, shall retain on board, land or tranship at port all tropical tunas caught.

Tropical tuna caught by a Union purse seiner shall not be discarded during the set once the net is completely closed and more than half of the net has been retrieved. If there is a technical problem with the closing or retrieval procedure of the net such that that prohibition cannot be applied, the masters, or the crew members on their behalf, shall make every effort to release the tunas into the water as quickly as possible.

By way of derogation from paragraph 1, tropical tunas may be discarded in the following cases:

(a) where the master determines that the tropical tunas caught are meshed or crushed in the purse seine, are damaged due to depredation, or have died and decomposed in the net due to a gear failure that has prevented the normal activities of retrieval of the net, fishing and releasing the fish alive;

(b) where the master determines that the tropical tunas have been caught during the last set of a trip and there is not enough storage capacity to store the tunas caught during this set; those fish may only be discarded provided that:
(i) the master or the crew members attempt to release the tunas alive as quickly as possible; and
(ii) no other fishing operation is conducted following the discarding, until such time as the tunas on board the vessel are landed or transhipped.

The masters of the fishing vessels shall report all discards observed to the flag Member States of the vessels. Member States shall send the discard reports to the Commission as part of Task I and II data.

Article 7

ICCAT record of authorised tropical tuna vessels

Member States shall notify the Commission, without delay and at the latest within 30 days, of any event requiring an addition to, deletion from or modification of the ICCAT record of authorised tropical tuna vessels. The Commission shall, without delay and at the latest within 45 days from the date of such event, submit that information to the ICCAT Secretariat.

Large-scale fishing vessels not entered into the ICCAT record of authorised tropical tuna vessels, including support vessels, shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land tropical tunas from the ICCAT Convention area, or to carry out any kind of support to those activities, including deploying and retrieving FADs or buoys. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

Union fishing vessels not authorised to fish tropical tunas pursuant to Article 6, may be allowed to retain on board, tranship, transport, process or land by-catch of tropical tunas in accordance with a maximum on-board by-catch limit established for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit allowed for the vessels flying their flag and information about how they ensure compliance with that limit.

Article 8

List of vessels fishing tropical tunas in a given year

Member States shall, by 30 June of each year, submit to the Commission the list of authorised vessels flying their flag which have fished tropical tunas in the ICCAT Convention area or have offered any kind of support to the fishing activity (support vessels) in the previous calendar year. For purse seiners, that list shall also include the support vessels that have supported the fishing activity, irrespective of their flag. The Commission shall, by 31 July of each year, notify the ICCAT Secretariat of the lists received from the Member States.

Article 8a

Underage or overage of bigeye tuna

Any unused or excess portion of a Member State’s annual quota or catch limit for bigeye tuna may be added to or shall be deducted from, as appropriate, the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for bigeye tuna.

The maximum underage of bigeye tuna that a Member State may carry-over in any given year shall not exceed the amount permitted in that particular year by ICCAT.

Article 9

Management plans in respect of fish-aggregating devices

In respect of purse seine and baitboat catching vessels fishing for tropical tunas in association with fish-aggregating devices (FADs), Member States shall, by 31 December of each year, submit to the Commission management plans for the use of such FADs by vessels flying their flag. The Commission shall forward that information to the ICCAT Secretariat by 31 January of the following year.

The objective of the management plans referred to in paragraph 1 shall be to:

(a) improve the knowledge about FAD characteristics, buoy characteristics, FAD fishing, including fishing effort, and related impacts on targeted and non-targeted species;

(b) effectively manage the deployment and recovery of FADs and beacons and their potential loss;

(c) reduce and limit the impacts of FADs and FAD fishing on the ecosystem, including, where appropriate, by acting on the different components of the fishing mortality (e.g. number of deployed FADs, including number of FAD sets by purse seiners, fishing capacity, number of support vessels).

The management plans referred to in paragraph 1 shall contain the information set out in Annex II.

As of 1 January 2026, Member States shall ensure that no more than 288 FADs per vessel with operational buoys are active at the same time.

The number of FADs with operational buoys shall be verified through the verification of telecommunication bills. Such verifications shall be conducted by the competent authorities of the Member State.

Member States may authorise purse seiners flying their flag to set on FOBs, provided that the fishing vessel has either an observer or a functioning electronic monitoring system on board which is capable of verifying the set type and species composition and which provides information on fishing activities to the ICCAT Standing Committee on Research and Statistics.

Article 10

Requirements for FADs

FADs shall comply with the following requirements:

(a) the surface structure of the FAD shall be either not covered by any material or covered only with material implying minimum risk of entangling non-targeted species; and

(b) the sub-surface components shall be exclusively composed of material which does not entangle non-targeted species.

When using or designing FADs, Member States shall:

(a) ensure that all FADs deployed are non-entangling, in accordance with the guidelines set out in Annex X;

(b) endeavour to ensure that all FADs are constructed from biodegradable materials, such as non-plastics, with the exception of materials used in the construction of FAD tracking buoys.

Every year, in their FADs management plans, Member States shall report to the Commission on the steps undertaken to comply with paragraph 2.

Article 11

Information on FADs submitted by vessels

For each deployment of a FAD, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information and data:

(a) position of the FAD;

(b) date of deployment of the FAD;

(d) FAD identifier (i.e. FAD marking or beacon ID, type of buoy — e.g. simple buoy or associated with echo sounder), or any information allowing identification of the owner;

(e) FAD design characteristics (dimension and material of the floating part and of the underwater hanging structure, and the entangling feature of the underwater hanging structure).

For each visit on a FAD, whether followed or not by a set, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information:

(a) type of visit (hauling, retrieving, intervention on electronic equipment);

(b) position of the FAD;

(d) FAD type (anchored FAD, drifting natural FAD, drifting artificial FAD);

(e) log description or FAD identifier (i.e. FAD marking and buoy ID or any information allowing identification of the owner);

(f) if the visit is followed by a set, the results of the set in terms of catch and by-catch, whether retained or discarded, dead or alive, or, if the visit is not followed by a set, the reason for such decision (for instance not enough fish or fish too small);

(g) buoy ID.

For each loss of a FAD, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information:

(a) the last registered position;

(b) date of the last registered position;

Union fishing vessels shall keep a list of deployed FADs containing at least the information set out in Annex III and shall update the list on a monthly basis in accordance with Task II data requirements.

Article 12

Information on FADs submitted by Member States

Member States shall submit every year to the Commission, 15 days prior to the deadline established by ICCAT for the given year, the following information, in order to make it available to the ICCAT Secretariat:

(a) the number of FADs actually deployed, on a quarterly basis, by FAD type, indicating the presence or absence of a beacon/buoy or of an echo sounder associated to the FAD;

(b) the number and type of beacons/buoys (e.g. radio, sonar only, sonar with echo-sounder) deployed on a monthly basis in accordance with Task II data requirements;

(c) the average number of beacons/buoys activated and deactivated on a monthly basis that have been followed by each vessel;

(d) average number of lost FADs with active buoys, on a monthly basis;

(e) for each support vessel, the number of days spent at sea, per 1° grid area, month and flag Member State;

(f) purse seiner and baitboat catches, effort and number of sets (for purse seines) by fishing mode (FOB associated schools and free school fisheries) in accordance with Task II data requirements;

(g) when the activities of purse seiners are carried out in association with baitboats, reports on catches and effort of purse seiners associated to baitboats in accordance with Task I and II data requirements.

Article 13

Logbooks

Member States shall ensure that:

(a) paper and electronic fishing logbooks, as well as FAD logbooks, where applicable, are promptly collected and made available to Union scientists;

(b) the Task II data transmitted to the Commission pursuant to Article 50 include the information collected from the fishing or FAD logbooks, where applicable.

Article 14

Observer coverage and prohibition of FAD deployment in relation with the protection of juveniles

Member States shall ensure that vessels flying their flag do not deploy drifting FADs for a period of 15 days prior to the start of the closure periods established under Union law.

Member States shall ensure that vessels flying their flag that are authorised to fish tropical tuna establish a minimum observer coverage as follows:

(a) for their longline vessels 20 metres in length overall or greater, a minimum of 10 % observer coverage of fishing effort by 2022, through the presence of an observer on board in accordance with Annex IV or through an approved electronic monitoring system;

(b) for their purse seiners, a 100 % observer coverage of fishing effort, through the presence of an observer on board in accordance with Annex IV or through an approved electronic monitoring system.

Member States shall report the information collected by the observers or the approved electronic monitoring system from the previous year by 30 April to the ICCAT Secretariat and to ICCAT Standing Committee on Research and Statistics taking into account the confidentiality requirements referred to in Article 72.

Article 15

Fishing for tropical tunas in certain Portuguese waters

It shall be prohibited to retain on board any quantity of tropical tunas caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES subarea X north of 36°30′ N or in CECAF areas north of 31° N and east of 17°30′ W, or to target such species in those areas with those gear. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

Article 16

Identification of IUU fishing

If the ICCAT Executive Secretary notifies the Commission of a possible infringement by Union fishing vessels of Article 7(2) or Article 14(1) or (2), the Commission shall without delay inform the flag Member State concerned. That Member State shall immediately investigate the situation and, if the vessel is fishing in association with objects that could affect fish aggregation, including FADs, during the period of closure, shall request the vessel to stop fishing and, if necessary, to leave the area without delay. The flag Member State concerned shall, without delay, report to the Commission the results of its investigation and the corresponding measures taken. The Commission shall forward that information to the coastal State and to the ICCAT Executive Secretary.

CHAPTER II Albacore

Section 1 North and South Atlantic albacore

Article 17

Restrictions on the number of vessels

The maximum number of Union catching vessels targeting North Atlantic albacore in the ICCAT Convention area shall be determined as the average number of Union catching vessels fishing for North Atlantic albacore as a target species during the period 1993 to 1995.

Article 17a

Specific authorisations for large-scale catching vessels targeting North and South Atlantic albacore

Member States shall issue fishing authorisations, in accordance with the provisions laid down in Regulation (EU) 2017/2403 of the European Parliament and of the Council ([^E0003]), to large-scale catching vessels flying their flag to fish North and South Atlantic albacore in the ICCAT Convention area.

Large-scale fishing vessels not entered into the ICCAT record of authorised vessels targeting North and South Atlantic albacore shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land North and South Atlantic albacore from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

Union fishing vessels not authorised to fish North and South Atlantic albacore pursuant to paragraph 1, may be allowed to retain on board, tranship, transport, process or land by-catch of North and South Atlantic albacore in accordance with a maximum on-board by-catch limit for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit they allow for vessels flying their flag.

Article 17b

Underage or overage of North and South Atlantic albacore

Any unused or excess portion of a Member State’s annual quota or catch limit for North and South Atlantic albacore may be added to or shall be deducted from, as appropriate, the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for North and South Atlantic albacore.

The maximum underage of North and South Atlantic albacore that a Member State may carry over in any given year shall not exceed the amount permitted in that particular year by ICCAT.

Article 17c

South Atlantic albacore record of catches

The flag Member States of the vessels that fish South Atlantic albacore shall report their accurate and validated South Atlantic albacore catch to the ICCAT Secretariat as part of Task I and II data referred to in Article 50.

Section 2 Mediterranean albacore

Article 17d

Recreational fisheries for Mediterranean albacore

Without prejudice to any prohibition of recreational fisheries under national or Union law, natural or legal persons engaged in recreational fisheries shall not catch, retain on board, tranship or land more than three Mediterranean albacore specimens per vessel per day.

It shall be prohibited to market Mediterranean albacore caught in recreational fisheries.

Member States shall provide to the Commission and to the ICCAT Secretariat the list of all fishing vessels engaged in recreational fisheries, authorised to fish Mediterranean albacore, at least 15 days before the exercise of the activities. Vessels not included on that list shall not be authorised to fish Mediterranean albacore.

CHAPTER III Swordfish

Section 1 Swordfish in the Atlantic

Article 18

Management plans for North Atlantic swordfish

Member States that have been allocated a quota and whose vessels are fishing for North Atlantic swordfish shall submit to the Commission their management plans by 15 August of each year. The Commission shall forward that information to the ICCAT Secretariat by 15 September of each year.

Article 18a

Specific authorisations for large-scale catching vessels targeting North and South Atlantic swordfish

Member States shall issue fishing authorisations, in accordance with the provisions laid down in Regulation (EU) 2017/2403, to large-scale catching vessels flying their flag to fish North and South Atlantic swordfish in the ICCAT Convention area.

Large-scale fishing vessels not entered into the ICCAT record of authorised vessels targeting North and South Atlantic swordfish shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land North and South Atlantic swordfish from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

Union fishing vessels not authorised to fish North and South Atlantic swordfish pursuant to paragraph 1 may be allowed to retain on board, tranship, transport, process or land by-catch of North and South Atlantic swordfish in accordance with a maximum on-board by-catch limit for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit they allow for vessels flying their flag.

Article 18b

Underage of North and South Atlantic swordfish

Any unused portion of a Member State’s annual quota or catch limit for North and South Atlantic swordfish may be added to the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for North and South Atlantic swordfish.

The maximum underage of North and South Atlantic swordfish that a Member State may carry-over in any given year shall not exceed the amount permitted in that particular year by ICCAT.

Article 19

Minimum size for North Atlantic swordfish

Targeting, retaining on board or transhipping, landing, transporting, storing, displaying or offering for sale, selling or marketing swordfish of less than 25 kg live weight, or, alternatively, 125 cm of lower jaw fork length, shall be prohibited. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

By way of derogation from paragraph 1, incidental catches of maximum 15 % of swordfish weighing less than 25 kg live weight or 125 cm of lower jaw fork length may be retained on board, transhipped, transferred, landed, transported, stored, sold, displayed or offered for sale.

The tolerance of 15 % referred to in paragraph 2 shall be calculated on the basis of the number of swordfish of the vessel's total swordfish catch per landing.

Section 2 Swordfish in the Mediterranean

CHAPTER IV Billfish, sailfish, blue marlin, white marlin and roundscale spearfish

Article 27

Release of blue marlin, white marlin and roundscale spearfish caught alive

To the extent possible, Union pelagic longline vessels and Union purse seiners shall promptly release all blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus) and roundscale spearfish (Tetrapturus georgei) that are alive at haul-back, giving due consideration to the safety of the crew members, in a manner that causes the least harm and maximises post-release survival.

Member States shall encourage the implementation of the minimum standards for safe handling and live release procedures specified in Annex 1 to ICCAT Recommendation 19-05 by producing guidelines for their fleet. For the safe release of live blue marlins, white marlins and roundscale spearfish caught, Union fishing vessels shall have the following readily available on deck and easily accessible by the crew members: a lifting device, bolt cutter, dehooker or disgorger, and a line-cutter.

Member States shall ensure that masters and crew members of their fishing vessels are adequately trained, aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all equipment necessary for the release of blue marlins, white marlins and roundscale spearfish in accordance with the guidelines on minimum standards for safe handling and live release procedures referred to in paragraph 2.

Member States shall endeavour to minimise the post-release mortality of blue marlins, white marlins and roundscale spearfish in their ICCAT fisheries.

Member States may authorise pelagic longline vessels and purse seiners flying their flag to fish and retain on board, tranship or land blue marlins, white marlins and roundscale spearfish that are dead, within their catch limit.

Article 28

Landing of blue marlin, white marlin and roundscale spearfish beyond the fishing opportunities

When a Member State has exhausted its quota, that Member State shall ensure that the landings of blue marlins, white marlins and roundscale spearfish that are dead when brought alongside the vessel are not sold or entered into commerce. Such landings shall not count against that Member State’s catch limits as set out on the basis of the Union landing limit laid down in paragraph 2 of ICCAT Recommendation 19-05, provided that such prohibition is clearly explained in the annual report referred to in Article 71 of this Regulation.

Article 29

Recreational fisheries of blue marlin, white marlin and roundscale spearfish

The flag Member States of the vessels engaged in recreational fisheries of blue marlin, white marlin and roundscale spearfish shall maintain a 5 % scientific observer coverage of blue marlin, white marlin and roundscale spearfish tournament landings.

In recreational fisheries of blue marlin a minimum conservation size of 251 cm in lower jaw fork length shall apply.

In recreational fisheries of white marlin and roundscale spearfish a minimum conservation size of 168 cm in lower jaw fork length shall apply.

It shall be prohibited to sell or to offer for sale any part or whole carcass of blue marlin, white marlin or roundscale spearfish caught in recreational fisheries.

Member States shall take appropriate measures to ensure that in recreational fisheries any released fish shall be released in a manner that causes the least harm.

Article 29a

Data collection for sailfish

Member States shall collect data on catches of sailfish, including live and dead discards, and report those data annually as part of their Task I and II data submission to support the stock assessment process.

Article 29b

Data collection and reporting for billfish, blue marlin, white marlin and round-scale spearfish

Member States shall implement data collection programmes that ensure the reporting of accurate billfish catch, effort, size and discard data to ICCAT in accordance with the ICCAT requirements for the submission of Task I and II data.

Member States shall submit to the Commission their billfish check sheets set out in Annex 1 to ICCAT Recommendation 18-05, including information on the actions they have taken domestically to monitor catches and to conserve and manage billfish.

The failure to report Task I data, including dead discards, for blue marlin, white marlin and round-scale spearfish in accordance with ICCAT Resolution 01-06 and ICCAT Recommendation 11-15 shall result in a prohibition of retention of those species.

CHAPTER V Sharks

Article 30

General provisions

In fisheries that are not targeting sharks, live sharks that are caught incidentally and are not used for food or subsistence shall be released.

Member States shall, where possible, carry out research on shark species caught in the ICCAT Convention area in order to improve the selectivity of fishing gear, to identify potential nursery areas and consider time and area closure and other measures, as appropriate. Such research shall provide information on key biological and ecological parameters, life-history and behavioural traits, as well as on the identification of potential mating, pupping and nursery grounds.

Article 31

Porbeagle sharks (Lamna nasus)

Retaining on board, transhipping or landing any part or whole carcass of porbeagle sharks caught in association with ICCAT fisheries shall be prohibited.

Union catching vessels shall promptly release, unharmed, porbeagle sharks caught in association with ICCAT fisheries when brought alongside the vessel.

Article 32

Bigeye thresher sharks (Alopias superciliosus)

Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks caught in association with ICCAT fisheries shall be prohibited.

Union catching vessels shall promptly release, unharmed, bigeye thresher sharks caught in association with ICCAT fisheries when brought alongside the vessel.

Article 33

North Atlantic shortfin mako sharks (Isurus oxyrinchus)

North Atlantic shortfin mako sharks caught by Union fishing vessels shall not be harmed and shall be promptly released into the sea to the extent practicable, while giving due consideration to the safety of crew members.

Member States shall ensure that vessels flying their flag apply the minimum standards for safe handling and release procedures for North Atlantic shortfin mako shark as set out in Annex IX.

Article 33a

South Atlantic shortfin mako sharks (Isurus oxyrinchus)

Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures for South Atlantic shortfin mako shark as set out in Annex IX.

Member States shall report every month to the Commission all permissible landings of vessels flying their flag of South Atlantic shortfin mako sharks. Those reports shall be submitted to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of the vessels flying their flag.

By 30 June of each year, the flag Member States of vessels that have caught (landings and dead discards) South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programmes.

As part of their annual Task I and II data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako sharks, including estimates of dead discards and live releases using the methods approved by the ICCAT Standing Committee on Research and Statistics.

Fishing vessels that retain South Atlantic shortfin mako sharks shall not tranship, in part or whole, South Atlantic shortfin mako sharks caught in association with ICCAT fisheries.

Article 34

Oceanic whitetip shark (Carcharhinus longimanus)

Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks caught in association with ICCAT fisheries shall be prohibited.

Union catching vessels shall promptly release, unharmed, oceanic whitetip sharks caught in association with ICCAT fisheries when brought alongside the vessel.

Article 35

Hammerhead sharks

Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except Sphyrna tiburo) caught in association with ICCAT fisheries shall be prohibited.

Union catching vessels shall promptly release, unharmed, hammerhead sharks caught in association with ICCAT fisheries when brought alongside the vessel.

Article 36

Silky sharks (Carcharhinus falciformis)

Retaining on board, transhipping or landing any part or whole carcass of silky sharks caught in association with ICCAT fisheries shall be prohibited.

Union catching vessels shall promptly release, unharmed, silky sharks caught in association with ICCAT fisheries, at the latest before putting the catch into the fish holds, giving due consideration to the safety of crew members.

Union purse seiners engaged in ICCAT fisheries shall take additional measures to increase the survival rate of silky sharks caught incidentally. Member States shall report to the Commission, as part of the annual report referred to in Article 71, about the progress made.

Article 36a

Data collection for sharks

Member States shall implement data collection programmes that ensure the accurate reporting of sharks catch, effort, size and discard data to ICCAT in accordance with the requirements for the provision of Task I and II data.

Member States shall submit to the Commission their shark implementation check sheets set out in Annex 1 to ICCAT Recommendation 18-06, including information on the actions they have taken domestically to monitor catches and to conserve and manage sharks.

Article 37

Sampling of shark species by scientific observers and other authorised individuals

By way of derogation from the prohibition to retain on board porbeagle, bigeye thresher, oceanic whitetip, hammerhead (of the Sphyrnidae family, except for the Sphyrna tiburo) and silky sharks, as set out in Articles 31, 32, 34, 35 and 36, the collection of biological samples during commercial fishing operations by scientific observers or individuals authorised by the CPC to collect biological samples shall be permitted under the following conditions:

(a) the biological samples are collected only from animals which are dead at the haul back;

(b) the biological samples are taken in the framework of a research project notified to the Standing Committee on Research and Statistics of the ICCAT and developed taking into consideration the recommended research priorities of that Committee. The research project should include a detailed document that describes the objective of the project, the methodologies to be used, the number and type of samples to be collected and the time and area of sampling;

(d) the authorisation of the flag Member State or, in the case of chartered vessels, of the chartering CPC and the flag Member State, must accompany all samples collected in accordance with this Article until the final port of landing. Such samples and other parts of the shark specimens sampled shall not be marketed or sold.

The biological samples referred to in paragraph 1 may include, in particular, vertebrae, tissue, reproductive tracts, stomachs, skin samples, coil valves, jaws, whole fish or skeletons for taxonomic studies and fauna inventories.

The sampling campaign may only start once the authorisation by the Member State concerned has been issued.

CHAPTER VI Seabirds

Article 38

Mitigation measures for seabirds in the area between 20° South and 25° South

All vessels fishing between 20° and 25° South shall carry and use bird-scaring lines (tori lines) and tori poles that meet the requirements and supplemental guidelines set out in Annex V.

Tori lines shall be deployed prior to longlines entering the water, at all times.

Where practical, a second tori pole and tori line shall be used at times of high bird abundance or activity.

Back-up tori lines shall be carried by all vessels and be ready for immediate use.

Longline vessels targeting swordfish by using monofilament longline gear shall be exempted from the requirements of paragraphs 1, 2 and 3, subject to the following conditions:

(a) longlines are set during the night, with night being defined as the period between nautical dusk/dawn as referenced in the nautical dusk/dawn almanac for the geographical position of fishing; and

(b) minimum swivel weight of 60 g placed not more than 3 metres from the hook is used to achieve optimum sink rates.

The flag Member States of the vessels subject to the exemption referred to in the first subparagraph shall inform the Commission of their scientific findings resulting from their observer coverage of those vessels.

Article 39

Mitigation measures for seabirds in the area south of 25° South

Longline vessels shall use at least two of the following mitigation measures in accordance with the requirements and supplemental guidelines set out in Annex V:

(a) night setting with minimum deck lighting;

(b) bird-scaring lines (tori lines);

Article 40

Reporting obligations for seabirds

Longline vessels shall collect and provide to their flag Member State information on interactions with seabirds, including incidental catches. Member States shall submit that information to the Commission by 30 June of each year. The Commission shall forward that information to the ICCAT Secretariat without delay.

Member States shall inform the Commission on the implementation of the measures laid down in Articles 38 and 39 and on the progress of the implementation of the Union action plan for reducing incidental catches of seabirds in fishing gear.

CHAPTER VII Sea turtles

Article 41

General provisions for sea turtles

Purse seiners shall avoid encircling sea turtles and shall release encircled or entangled sea turtles, including on FADs. They shall report interactions between purse seines or FADs and sea turtles to their flag Member State.

Pelagic longline vessels shall carry and use safe-handling, disentanglement and release equipment capable of releasing sea turtles in a manner that maximises their chances of survival.

2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to:

(a) use only large circle hooks;

(b) use only finfish bait; or

(c) use other measures that have been reviewed and considered effective and approved by ICCAT to be capable of reducing the interaction rate of sea turtles in shallow-set longline fisheries.

Fishermen on pelagic longline vessels shall use the equipment referred to in paragraph 2 in accordance with Annex VI, in order to maximise the chances of sea turtle survival.

Member States shall:

(a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, through the use or continued use of at least one of the following by-catch mitigation measures:
(i) alternative or new gear types and gear modifications;
(ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles;
(iii) effective marking of static net gear, allowing their detection by sea turtles, such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net;
(iv) modifications in fishing behaviour and strategy (e.g. reduced soaking time etc.);

(b) require purse seiners flying their flag to:
(i) avoid encircling sea turtles to the extent practicable;
(ii) release encircled or entangled sea turtles, including on FADs, where feasible; and
(iii) ensure that FADs deployed are constructed according to Annex X to effectively eliminate entanglement risks of sea turtles;

(c) take all reasonable steps to ensure the safe release of sea turtles in a manner that maximises the likelihood of their survival by requiring that:
(i) purse seiners, longline vessels and other types of vessels flying their flag that use gear that may entangle sea turtles, carry on board de-hookers, line-cutters and basket lifts or dip nets, as appropriate for each gear type and consistent with the ‘Best practices for sea turtle handling and release’ of the FAO Guidelines to reduce sea turtle mortality in fishing operations (2009) (‘the FAO guidelines’);
(ii) the owners, operators and crew members of the vessels referred to in point (i), as well as any on-board observers, use the equipment referred to in that point in accordance with the safe handling and release practices for sea turtles set out in Annex VI, and consistent with the FAO guidelines;
(iii) the owners, operators and crew members of the vessels referred to in point (i) be encouraged to have training in the use of the equipment referred to in that point;

(d) require their fishers on vessels targeting species covered by the ICCAT Convention to bring aboard, if practicable, any captured sea turtle that is comatose or inactive as soon as possible and foster its recovery, including giving it resuscitation in accordance with Section C of Annex VI before returning it to the water;

(e) ensure that fishers are aware of and use proper mitigation and handling techniques, as described in Annex VI.

Member States shall endeavour to increase the scientific observer coverage of longline fishing vessels in ICCAT fisheries where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, beyond the minimum level of 5 %, to 10 % by 1 January 2024. That increase may be achieved through human observers or electronic monitoring systems, or both.

Notwithstanding the first subparagraph, for vessels of less than 15 metres in length overall, where an extraordinary safety concern could exist that precludes deployment of an on-board observer, a Member State may employ an alternative scientific monitoring approach to collect data equivalent to those specified in this Regulation in a manner that ensures comparable coverage. Alternative approaches implemented pursuant to this subparagraph shall be subject to the approval of ICCAT at the annual meeting prior to their implementation.

In the Mediterranean Sea:

(a) paragraph 2a shall not apply;

(b) paragraphs 4 and 5 shall apply from 1 January 2026.

Article 42

Reporting obligations for sea turtles

Member States shall collect and transmit to the Commission, by 30 June of each year, the information on the interactions of their vessels with sea turtles in ICCAT fisheries by gear type. The Commission shall forward that information to the ICCAT Secretariat by 31 July of each year. That information shall include:

(a) catch rates, gear characteristics, times and locations, target species and disposition status (i.e. discarded dead or released alive);

(b) a breakdown of interactions by sea turtle species; and

(c) the nature of the hooking or entanglement (including with FADs), bait type, hook size and type, and the size of the animal.

Member States shall report to the Commission, as part of the annual report referred to in Article 71, on the implementation of Article 41 and on other relevant actions taken to implement, with respect to ICCAT fisheries, the Guidelines to reduce sea turtle mortality in fishing operations published in 2010 by the Food and Agriculture Organization (FAO).

CHAPTER VIII Fishing opportunities for bluefin tuna and swordfish

TITLE III COMMON CONTROL MEASURES

CHAPTER I Authorisations

Article 44

ICCAT record of large-scale fishing vessels

Member States shall issue authorisations, in accordance with the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ([^E0007]), to large-scale fishing vessels flying their flag to target, retain on board, tranship or land ICCAT species in the ICCAT Convention area.

Member States shall submit to the Commission, at the time of authorisation, the lists of large-scale fishing vessels authorised pursuant to paragraph 1. The Commission shall without delay submit that information to the ICCAT Secretariat for inclusion in the ICCAT record of large-scale fishing vessels.

Member States shall notify the Commission, without delay and at the latest within 30 days, of any event requiring an addition to, deletion from or modification of the ICCAT record of large-scale fishing vessels. The Commission shall, at the latest within 45 days from the date of such event, submit that information to the ICCAT Secretariat.

Large-scale fishing vessels not entered into the ICCAT record of large-scale fishing vessels shall not be allowed to target, retain on board, tranship or land ICCAT species from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

Article 44a

Vessel monitoring system

Where fishing vessels have installed tracking devices in accordance with Article 9 of Council Regulation (EC) No 1224/2009, Member States shall ensure that the tracking devices of fishing vessels flying their flag are permanently and continuously operational and that the information is collected and transmitted to the competent authorities of the Member State at least once every hour for purse seiners and at least once every 2 hours for all other vessels targeting ICCAT species.

In the event of technical failure or non-operation of the tracking device fitted on board a Union fishing vessel, the device shall be repaired or replaced as soon as possible and in any case within 1 month of the event, unless the vessel is no longer operating in the ICCAT Convention area. Union fishing vessels shall not start a fishing trip without the tracking device having been repaired or replaced.

CHAPTER II Chartering

Article 45

Scope

This Chapter shall apply to chartering arrangements, other than bareboat chartering, between Union catching vessels and those of CPCs, where the Union catching vessels concerned do not change their flag.

Article 46

General provisions

Union catching vessels shall be allowed to participate in a chartering arrangement concluded with CPCs only as chartered vessels, subject to the following conditions:

(a) the chartered vessels shall have a fishing authorisation issued by the chartering CPC and shall not be on the ICCAT IUU list;

(b) the chartered vessels shall not be authorised to fish under more than one chartering arrangement at the same time;

(c) the catches of the chartered vessels shall be unloaded exclusively in the ports of the chartering CPCs, unless otherwise provided for in the chartering arrangement; and

(d) the chartering company shall be legally established in the chartering CPC.

Any transhipment at sea shall be duly authorised in advance by the chartering CPC and shall comply with Chapter IV of this Title.

Article 47

Notification

At the time the chartering arrangement is made, the flag Member State shall notify the Commission of its consent to the chartering arrangement.

If, within 15 calendar days of the transmission to the Commission of the notification referred to in paragraph 1, the Commission has not required further information, the chartered vessel may start the fishing activities concerned.

The flag Member State shall inform the Commission without delay about the termination of each charter.

The Commission shall forward without delay the information referred to in paragraphs 1 and 3 to the ICCAT Secretariat.

CHAPTER III Control of catches

Article 48

Compliance with quotas and minimum size requirements

By 20 August of each year Member States shall submit to the Commission information on the catches of ICCAT species during the previous year subject to quotas and on the compliance with minimum sizes.

The Commission shall forward that information to the ICCAT Secretariat by 15 September of each year.

Article 49

Catch sampling

Sampling of catches for the purposes of improving the knowledge on the biology of the relevant ICCAT species and of estimating the necessary parameters for their evaluation shall be carried out in accordance with Regulation (EU) 2017/1004 of the European Parliament and of the Council ([^E0008]), Commission Implementing Decision (EU) 2016/1251 ([^E0009]) and the ‘Field manual for statistics and sampling Atlantic tunas and tuna-like fishes’ published in 1990 by ICCAT.

The Commission may adopt implementing acts as regards detailed requirements for the catch sampling referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Article 50

Catch and fishing effort notification

Unless otherwise established by the Commission to meet annual deadlines set by ICCAT, Member States shall transmit to the Commission, by 30 June of each year, the following data (Task I data):

(a) information on the characteristics of their fleet for the previous year;

(b) estimates of the annual nominal catch data (including by-catch and discards data) concerning ICCAT species for the previous year.

Unless otherwise established by the Commission to meet annual deadlines set by ICCAT, Member States shall transmit to the Commission, by 30 June of each year, the following data (Task II data) for the ICCAT species:

(a) catch and fishing effort data for the previous year, giving a detailed spatio-temporal breakdown; those data shall include estimates of discards and releases with the indication of the status of the fish (dead or alive);

(b) any data they have on catches in recreational fisheries for the previous year.

The Commission shall forward the information referred to in paragraphs 1 and 2 to the ICCAT Secretariat without delay.

The Commission may adopt implementing acts as regards detailed requirements for the Task I and II data referred to in paragraphs 1 and 2 of this Article respectively. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).

CHAPTER IV Transhipment

Article 51

Scope

This Chapter shall apply to the following transhipment operations:

(a) transhipment operations carried out within the ICCAT Convention area in respect of ICCAT species and other species caught in association with those species; and

(b) transhipment operations carried out outside the ICCAT Convention area in respect of ICCAT species and other species caught in association with those species, that were harvested in the ICCAT Convention area.

By way of derogation from point (b) of paragraph 1, this Chapter shall not apply to transhipments at sea outside the ICCAT Convention area of fish caught in the ICCAT Convention area, where such transhipment is subject to a programme for transhipment established by another tuna RFMO.

This Chapter shall not apply to harpoon vessels engaged in the transhipment of fresh swordfish at sea.

Article 52

Transhipment in port

All transhipment operations shall take place in designated ports, except those carried out by large-scale pelagic longline vessels pursuant to Articles 53 to 60.

Union fishing vessels shall comply with the obligations set out in Annex VII when carrying out transhipments in port.

This Article shall be without prejudice to Articles 17 to 22 of Regulation (EC) No 1224/2009 and Articles 4, 6, 7 and 8 of Regulation (EC) No 1005/2008.

Article 53

Transhipment at sea

Transhipment at sea by large-scale pelagic longline vessels shall take place in accordance with Articles 54 to 60.

Article 54

ICCAT record of carrier vessels

Member States shall issue authorisations, in accordance with the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ([^E0010]), to carrier vessels to receive transhipments at sea from large-scale pelagic longline vessels in the ICCAT Convention area.

Member States shall submit to the Commission, at the time of authorisation, the lists of carrier vessels authorised pursuant to paragraph 1. The Commission shall without delay submit that information to the ICCAT Secretariat for inclusion in the ICCAT record of carrier vessels.

Flag Member States shall promptly notify the Commission of any addition to, any deletion from or any modification to, their lists of carrier vessels. The Commission shall without delay submit that information to the ICCAT Secretariat.

The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Executive Secretary and shall include the following information:

— name of vessel, register number,

— ICCAT record number (if any),

— IMO number,

— previous name (if any),

— previous flag (if any),

— previous details of deletion from other registries (if any),

— international radio call sign,

— type of vessels, length, gross registered tonnage (GRT) and carrying capacity,

— names and addresses of owners and operators,

— type of transhipment authorised (i.e. in port, at sea),

— time period authorised for transhipping.

Transhipment at sea referred to in Article 53 may only be received by carrier vessels entered on the ICCAT record of carrier vessels.

Article 55

Authorisation to large-scale pelagic longline vessels to tranship in the ICCAT Convention area

Member States shall issue authorisations, in accordance with the provisions of a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ([^E0011]), to large-scale pelagic longline vessels flying their flag to tranship at sea.

Member States shall submit to the Commission, at the time of authorisation, the lists of large-scale pelagic longline vessels authorised pursuant to paragraph 1. The Commission shall without delay submit that information to the ICCAT Secretariat.

Flag Member States shall promptly notify the Commission of any addition to, any deletion from or any modification to, their lists of large-scale pelagic longline vessels authorised to tranship at sea. The Commission shall without delay submit that information to the ICCAT Secretariat.

The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Secretariat and shall include the following information:

— name of vessel, register number,

— ICCAT record number,

— time period authorised for transhipping at sea,

— flag(s), name(s) and register number(s) of the carrier vessel(s) authorised for use by the large-scale pelagic longline vessel(s).

Article 56

Prior authorisation for transhipment at sea

Transhipments by large-scale pelagic longline vessels in waters under the jurisdiction of a CPC are subject to prior authorisation from that CPC. The original or a copy of that authorisation shall be retained on the vessel and made available to the ICCAT regional observer when requested.

Large-scale pelagic longline vessels shall not be allowed to tranship at sea, unless they have obtained prior authorisation from their flag Member State. The original or a copy of the documentation of that authorisation shall be retained on the vessel and made available to the ICCAT regional observer when requested.

To receive the prior authorisations referred to in paragraphs 1 and 2, the master or owner of the large-scale pelagic longline vessel shall, at least 24 hours in advance of the intended transhipment, notify its flag Member State authorities and the coastal CPC of the following information:

(a) the name of the large-scale pelagic longline vessel and its number in the ICCAT record of large-scale pelagic longline vessels authorised to tranship at sea;

(b) the name of the carrier vessel and its number in the ICCAT record of carrier vessels;

(d) the quantities of ICCAT species, if possible, by stock, to be transhipped;

(e) the quantities of other species caught in association with ICCAT species by species, if known, to be transhipped;

(f) the date and location of transhipment;

(g) the geographic location of the catches by species and, where appropriate, by stock, consistent with ICCAT statistical areas.

Article 57

ICCAT transhipment declaration

The master or owner of the large-scale pelagic longline vessel shall, not later than 15 days after the transhipment, complete and transmit to its flag Member State and to the coastal CPC the ICCAT transhipment declaration.

The master of the receiving carrier vessel shall, within 24 hours of the completion of the transhipment, complete and transmit to the ICCAT Secretariat, to the flag CPC of the large-scale pelagic longline vessel and to its flag Member State the ICCAT transhipment declaration, along with its number in the ICCAT record of carrier vessels.

The master of the receiving carrier vessel shall, at least 48 hours before landing, transmit to the competent authorities of the landing State the ICCAT transhipment declaration, along with its number in the ICCAT record of carrier vessels.

All ICCAT species and any other species caught in association with those species landed in, or imported into, the area or territory of a CPC, either unprocessed or after having being processed on board, and which are transhipped at sea, shall be accompanied by the ICCAT transhipment declaration until the first sale has taken place.

Article 58

ICCAT regional observer programme for transhipment at sea

Each Member State shall ensure that all carrier vessels transhipping at sea have on board an ICCAT regional observer in accordance with the ICCAT regional observer programme for transhipment at sea as laid down in Annex VIII.

Without prejudice to Article 73 of Regulation (EC) No 1224/2009, the ICCAT regional observer shall be tasked to verify compliance with this Chapter, and, in particular, whether the transhipped quantities are consistent with the reported catch in the ICCAT transhipment declaration and with the catches recorded in the fishing vessel logbook.

Vessels shall be prohibited from commencing or continuing transhipping in the ICCAT Convention area without an ICCAT regional observer on board, except in cases of force majeure duly notified to the ICCAT Secretariat.

Article 58a

Health and safety of observers in the ICCAT regional observer programme for transhipment at sea

Member States shall ensure that each vessel flying their flag that carries on board an ICCAT regional observer is outfitted with appropriate safety equipment for the entirety of each voyage, including the following:

(a) a life raft of sufficient capacity for all persons on board and with a certificate of inspection that is valid throughout the observer’s deployment;

(b) life jackets or survival suits of sufficient number for all persons on board, and compliant with relevant international standards; and

(c) a properly registered emergency position indicating radio beacon (EPIRB) and a search and rescue transponder (SART) that will not expire until after the observer deployment ends.

Each Union fishing vessel carrying an ICCAT regional observer shall develop and implement an emergency action plan (‘EAP’) to be followed in the event an observer dies, is missing or presumed fallen overboard, suffers from a serious illness or injury that threatens health, safety, or welfare of the observer, or has been assaulted, intimidated, threatened or harassed. Such an EAP shall include, inter alia, the elements set out in Annex 1 to ICCAT Recommendation 19-10.

Each Union fishing vessel carrying an ICCAT regional observer shall submit EAP to the Commission, to be transmitted to ICCAT for posting on the ICCAT website. A new or amended EAP shall be provided to the Commission to be transmitted to ICCAT for posting on the ICCAT website when it becomes available.

A Union fishing vessel shall be eligible to carry an ICCAT regional observer only if it has submitted an EAP. Furthermore, if the Commission identifies inconsistencies with the standards set out in Annex 1 to ICCAT Recommendation 19-10 on the basis of the information in the EAP, the Commission may decide that the deployment of an observer on a vessel of the concerned flag Member State shall be delayed until the inconsistency has been sufficiently addressed.

Article 59

Reporting obligations

The flag Member State of large-scale pelagic longline vessels which have transhipped and the flag Member State of carrier vessels which have received transhipments during the previous year shall transmit by 15 August of each year to the Commission:

(a) the quantities of catches of ICCAT species, by species and, if possible, by stock, transhipped during the previous year;

(b) the quantities of other species caught in association with ICCAT species by species, if known, transhipped during the previous year;

(d) a comprehensive report assessing the content and conclusions of the reports of the ICCAT regional observers assigned to carrier vessels which have received transhipment from large-scale pelagic longline vessels.

The Commission shall forward the information received pursuant to paragraph 1 to the ICCAT Secretariat by 15 September of each year.

Article 60

Consistency of reported data

The flag Member State of the large-scale pelagic longline vessel engaged in transhipments at sea shall review the information received pursuant to this Regulation so as to determine consistency between the reported catches, transhipments and landings of each vessel, including in cooperation with the landing State as necessary. That verification shall be carried out in such a manner so as to ensure that the vessel suffers the minimum interference and inconvenience and that deterioration in fish quality is avoided.

CHAPTER V Scientific observer programmes

Article 61

Establishment of domestic scientific observer programmes

Member States shall establish domestic scientific observer programmes ensuring the following:

(a) a minimum of 5 % observer coverage of fishing effort in each of pelagic longline, purse seine, baitboat, traps, gillnet and trawl fisheries, targeting ICCAT species;

(b) for chartered vessels, by way of derogation from point (a), a minimum of 10 % observer coverage of fishing effort in each of the pelagic longline, purse seine and baitboat fisheries;

(c) a representative temporal and spatial coverage of the operation of the fleet to ensure the collection of adequate and appropriate data, taking into account characteristics of the fleets and fisheries;

(d) data collection on all aspects of the fishing operation, including catch, as specified in Article 63(1).

The percentage of the observer coverage referred to in paragraph 1, points (a) and (b), shall be calculated as follows:

(a) for purse seine fisheries, in number of sets or trips;

(b) for pelagic longline fisheries, in fishing days, number of sets, or trips;

(d) for gillnet fisheries, in fishing hours or days; and

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