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

Type Regulation
Publication 2023-09-27
Last updated 2026-05-14
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 83
Reform history JSON API

1a. The video record concerned shall accompany the fish to the farm of destination. A copy shall be kept at the traps, in the farms or on board the donor vessels, and shall be accessible for control purposes at any time during the fishing season.

2.

Where the SCRS requests the Commission to provide copies of the video records, Member States shall provide those copies to the Commission, which shall forward them to the SCRS.

3.

The donor operator and the competent authorities of the Member States concerned shall retain the video records related to transfers for at least 3 years and keep them as long as necessary for control and enforcement purposes.

Article 43a

Voluntary and control transfers
1.

If the video record referred to in Article 43 does not meet the minimum standards for video recording procedures set out in Annex X, and in particular if its quality and clarity are not sufficient to determine the number of bluefin tuna individuals being transferred, the donor operator may conduct voluntary transfers.

2.

If no voluntary transfer has been carried out, or if, despite the voluntary transfer, it is still not possible to determine the number of bluefin tuna individuals being transferred, the competent authority of the flag, trap or farm Member State of the donor operator shall order a control transfer, which shall be repeated until the quality of the video record enables the number of bluefin tuna individuals being transferred to be determined.

3.

The voluntary and control transfers shall be carried out into an empty cage. The number of bluefin tuna individuals being transferred, as determined during the valid voluntary or control transfer, shall be used to complete the logbook, the ITD and the relevant sections of the eBCD.

4.

The separation of the transport cage from the purse seine vessel, trap or farm cage shall not occur until the ICCAT regional observer on board the purse seine vessel, or present in the farm or on the trap, has carried out the relevant tasks.

5.

If the video record quality of voluntary transfers still does not enable the determination of the number of individuals being transferred, the competent authority of the Member State of the donor operator may allow the separation of the transport cages from the purse seine vessel, trap or farm. In such a case, the competent authority of the Member State of the donor operator shall order the doors of the transport cages concerned to be sealed in accordance with the procedure set out in Annex XVa, and require control transfers to be carried out at a determined time and place, in the presence of the competent authority of the flag, trap or farm Member State concerned.

6.

In the event that the competent authorities of the flag, trap or farm Member State cannot be present at the control transfer, the control transfer shall take place in the presence of an ICCAT regional observer. In that case, the farm operator owning the bluefin tuna individuals being transferred shall be responsible for the deployment of the ICCAT regional observer for the purpose of the verification of the control transfer.

Article 44

Investigation by the competent authority of the Member State of the donor operator
1.

The competent authorities of the Member State of the donor operator shall investigate all cases where:

  • (a) 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;
  • (b) 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.

2.

For all transfer operations where a video recording is required, a difference greater than 10 % in the number of bluefin tuna individuals being transferred reported by the donor operator in the ITD and the number determined by the competent authority of the Member State or CPC of the donor operator shall constitute potential non-compliance of the fishing vessel, trap or farm concerned.

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.

Section 7 Caging operations

Article 45b

General provisions
1.

Each farm Member State shall nominate a single competent authority responsible for coordinating the collection and verification of information on caging operations conducted within its jurisdiction, for the control of activities in farms under its jurisdiction, and for reporting to and cooperating with the competent authorities of the flag and trap Member States and CPCs of the vessels or traps that caught the caged tuna.

2.

All bluefin tuna fishery and farm activities shall be subject to the control set out in the annual monitoring, control and inspection plan submitted under Article 14.

3.

Member States involved in caging related activities shall exchange information and cooperate to ensure that the number and weight of bluefin tuna individuals intended for caging are accurate, consistent with the catch amounts reported by the master of the purse seine vessel or the trap operator and declared in the relevant sections of the eBCD.

4.

Farm Member States shall ensure that farm operators maintain at all times an accurate schematic plan of their farms, indicating the unique identifying numbers referred to in Article 45c, of all cages and their individual position in the farm. That plan shall be made available at all times to the competent authority of the farm Member State for control purposes and to the ICCAT regional observer deployed in the farm. Any update of the schematic plan shall be subject to prior notification to the competent authority of the farm Member State. The schematic plan shall be updated each time the number or distribution of farm cages is modified.

5.

The competent authority of the farm Member State shall retain all the information, documentation and material related to caging operations conducted in farms under its jurisdiction for at least 3 years and keep the information as long as necessary for enforcement purposes. This obligation shall apply mutatis mutandis to farm operators as regards caging operations conducted on their farms.

Article 45c

Unique identifying number
1.

Before the start of the bluefin tuna fishing campaign, the competent authority of the farm Member State shall assign a unique identifying number (“cage number”) to each cage associated to farms under its jurisdiction, including those cages used to transport the fish to the farm.

2.

Cage numbers shall be issued in accordance with a unique numbering system that includes at least the alpha-3 code corresponding to the farm Member State followed by three numbers. Cage numbers shall be permanent and not transferable from one cage to another.

3.

The cage numbers shall be stamped or painted on two opposite sides of the ring of the cage and above the water line, in a colour contrasting with the background on which they are painted or stamped and shall be visible and legible at any time for control purposes. The height of the letters and numbers shall be at least 20 cm with a line thickness of at least 4 cm.

4.

By way of derogation from paragraph 3, alternative methods to mark the cage number on the cage shall be allowed, provided that they offer the same guarantee of visibility, legibility and inviolability.

Article 45d

Caging authorisation
1.

Each caging operation shall be subject to the procedure set out in paragraphs 2 to 4.

2.

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:

  • (a) the number and weight of the bluefin tuna individuals to be caged as referred to in the ITD;
  • (b) the relevant ITD;
  • (c) the number of the eBCDs concerned, as confirmed and validated by the competent authority of the catching flag or trap Member State or CPC;
  • (d) all reports of fish that die during transport, duly recorded in accordance with Annex XIII.
3.

The competent authority of the farm Member State shall notify the information referred to in paragraph 2 to the relevant competent authorities of the catching flag or trap Member States or CPCs and shall ask for confirmation that the caging operation may be authorised.

4.

Within 3 working days, the competent authorities of the catching flag or trap Member States shall notify the competent authority of the farm Member State or CPC that the caging operation concerned may be authorised or shall be refused. In the case of refusal, the competent authority of the catching flag or trap Member State shall specify the reasons for that refusal. The refusal shall include the consequent release order.

5.

The farm Member State shall issue the caging authorisation immediately after receipt of the confirmation by the competent authority of the catching flag or trap Member State or CPC concerned. In the absence of that confirmation, the competent authority of the farm Member State shall not authorise the caging operation.

6.

Caging operations shall not be authorised if the complete set of information required under paragraph 2 does not accompany the fish subject to the caging authorisation.

7.

Pending the results of the investigation referred to in Article 44 conducted by the competent authority of the catching flag or trap Member State or CPC, the caging operation shall not be authorised and the relevant sections on catch information and trade information for live fish trade of the eBCD shall not be validated.

8.

If the caging authorisation has not been issued by the competent authority of the farm Member State or CPC within 1 month after the request for a caging authorisation from the farm operator, the competent authority of the farm Member State shall order and proceed to release all the fish contained in the transport cage concerned, in accordance with Annex XII. The competent authority of the farm Member State shall, without delay, inform the competent authority of the catching flag or trap Member State or CPC concerned and the ICCAT Secretariat of the release.

Article 46

Refusal of a caging authorisation
1.

The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that:

  • (a) the catching vessel or trap which caught the fish did not have a sufficient quota to cover the bluefin tuna to be caged;
  • (b) the quantity of fish to be caged has not been duly reported by the catching vessel or trap; or
  • (c) 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.
2.

If the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall:

  • (a) inform the competent authority of the farm Member State or CPC; and
  • (b) 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
1.

On the arrival of the towing vessel in the vicinity of the farm, the competent authority of the farm Member State shall ensure that that towing vessel is maintained at a distance of minimum 1 nautical mile from any facility of the farm until the competent authority of the farm Member State is physically present. The position and activity of that towing vessel shall be monitored at all times.

2.

The competent authority of the farm Member State shall not authorise the start of the caging without the presence of that authority and the ICCAT regional observer or before the relevant sections on catch information and trade information for live fish trade of the eBCD have been completed and validated by the competent authorities of the catching flag or trap Member States or CPCs.

3.

The anchoring of transport cages in the farm as farm cages, without relocation of the fish to allow stereoscopic camera recording shall be prohibited.

4.

After transfer of the bluefin tuna individuals from the towing cage to the farm cage, the control authority of the farm Member State shall ensure that the farm cages containing the bluefin tuna individuals are sealed at all times. Unsealing shall only be possible in the presence of the competent authority of the farm Member State and following its authorisation. The control authority of the farm Member State shall establish protocols for the sealing of farm cages, which shall ensure the use of official seals and that those seals are placed in such a way to prevent the opening of doors without the seals being broken.

5.

Farm Member States shall ensure that the bluefin tuna catches are placed in separate cages or series of cages and partitioned on the basis of flag Member State or CPC of origin and catch year. However, if the bluefin tuna has been caught in the context of a joint fishing operation, the catches concerned shall be placed in separate cages or series of cages and partitioned on the basis of the joint fishing operation and catch year.

6.

Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State responsible for the farm provide valid reasons, including force majeure, which shall accompany the caging report when submitted. In any case, the fish shall not be caged after 7 September of each year. The above deadlines do not apply in case of inter-farm transfers.

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 ([^E0005]). 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.

Article 49

Recording of caging operations by control cameras and caging declaration
1.

Farm Member States shall ensure that caging operations shall be monitored by their control authorities using both conventional and stereoscopic cameras. Video records shall be produced for each caging operation in accordance with the minimum standards for video recording procedures set out in Annex X.

2.

If the quality of the control camera video recording used to determine the number and weight of the bluefin tuna individuals caged does not comply with the minimum standards for video recording procedures set out in Annex X, the competent authority of the farm Member State shall order a control caging until the determination of the number and weight of the bluefin tuna individuals is possible. The repetition of the caging operation shall not be subject to a new caging authorisation.

3.

In case of a control caging, the competent authority of the farm Member State shall ensure that the donor farm cage is sealed and that the cage cannot be manipulated prior to the new caging operation. The receiving farm cages used in the control caging shall be empty.

4.

On completion of the caging operation, the competent authority of the farm Member State shall ensure that the ICCAT regional observer has immediate access to all control camera video records and is allowed to make a copy where needed to complete the task of analysing those video records at another time or place.

5.

Farm Member States shall ensure that, for each caging operation, the farm operator submits an ICCAT declaration on caging within 1 week after the actual caging operation has taken place, using the template set out in Annex XIV.

Article 50

Launching and conduct of investigations
1.

Where, for a single catching operation, there is a difference greater than 10 % between the number of the bluefin tuna individuals being caged as communicated by the competent authority of the farm Member State in accordance with Article 51(3), from the number reported in the eBCD or ITD as caught and/or transferred, the competent authority of the catching flag or trap Member State shall launch an investigation to determine the accurate catch weight to be deducted from the national bluefin tuna quota.

2.

In support of the investigation referred to in the paragraph 1 the competent authority of the catching flag or trap Member State shall request all the complementary information and the results of the relevant video record analysis conducted by the competent authorities of the flag and farm Member State that have been involved in the transport and the caging operation concerned.

3.

The competent authorities of the Member States, including the flag Member States of the vessels that have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal.

4.

The competent authority of the catching flag or trap Member State shall conclude the investigation within 1 month from the communication of the caging results by the competent authority of the farm Member State.

5.

A difference greater than 10 % between the number of bluefin tuna individuals reported caught by the vessel or trap concerned and the number determined by the competent authority of the catching flag or trap Member State as result of the investigation shall constitute potential non-compliance of the vessel or trap concerned.

6.

The margin of error of 10 % referred to in paragraphs 1 and 5 shall be expressed as a percentage of the figures reported by the master of the fishing vessel or the master’s representative, or the trap operator or the trap operator’s representative, and shall be applicable at the level of individual caging operation.

7.

The catching flag or trap Member State shall determine the weight of bluefin tuna to be deducted from its national bluefin tuna quota, taking into account the quantities caged, calculated in accordance with Annex XI, which ensures that weight at caging is calculated based on the length-weight relationship for wild fish, and the reported mortalities, in accordance with Annex XIII.

8.

However, where the investigation referred to in paragraph 1 of this Article concludes that bluefin tuna individuals are lost fish as defined in Annex XIII, the weight of the lost fish shall be deducted from the quota of the Member State in accordance with Annex XIII, by applying the average individual weight at caging communicated by the competent authority of the farm Member State, to the number of bluefin tuna individuals in the catch 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 the investigation.

9.

Notwithstanding paragraph 8, after consulting the competent authority of the flag Member State involved in the transport of fish to the farm of destination, the competent authority of the flag or trap Member State may decide not to deduct from the quota of the Member State the fish determined in the investigation as lost fish, where the losses have been duly documented as force majeure by the operator (i.e. pictures of the damaged cage, meteorological reports), the relevant information has been communicated to competent authority of the Member State of the operator immediately after the event and the losses did not result in known mortalities.

Article 51

Measures and programmes to determine the number and weight of bluefin tuna individuals being caged
1.

The competent authority of the farm Member State shall determine the number and weight of bluefin tuna individuals being caged, by analysing the video record of each caging operation provided by the farm operator. To carry out that analysis, the competent authorities of the farm Member State shall follow the procedures set out in Annex XI.

2.

When there is a difference greater than 10 % between the number or the weight determined by competent authority of the farm Member State and the corresponding figures reported in the ICCAT declaration on caging, the competent authority of the farm Member State shall launch an investigation to identify the reasons for the discrepancy and, as appropriate, adjust the number and/or weight of bluefin tuna individuals that have been caged. That margin of error of 10 % shall be expressed as a percentage of the figures provided by the farm operator.

3.

After the completion of a caging operation or, in case of a joint fishing operation or of traps of the same Member State, of the last caging operation associated with that joint fishing operation or with those traps, the farm Member State shall communicate the results of the stereoscopical programme referred to in Annex XI to the catching flag or trap Member State or CPC in accordance with Section B, point 2, of Annex XI.

4.

The farm Member State shall also communicate the results of the stereoscopical programme referred to in paragraph 3 to the entity operating the ICCAT regional observer programme on behalf of ICCAT.

5.

The stereoscopical programme referred to in paragraph 3 shall be conducted in accordance with the procedures set out in Annex XI. Alternative methods may only be used if they have been endorsed by ICCAT during its annual meeting.

6.

Each farm Member State shall submit the procedures and results related to the stereoscopical programme or alternative methods referred to in paragraph 5 to the Commission by 30 September of each year in order to be transmitted to the SCRS by 31 October of each year.

7.

All bluefin tuna that die during a caging operation shall be reported by the farm operator, in accordance with Annex XIII.

8.

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:

  • (a) 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
  • (b) 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.

9.

The results of the stereoscopical programme shall be used to decide if releases are required and the caging declarations and relevant sections of the BCD shall be completed accordingly. When a release order has been issued, the farm operator shall request the presence of a national control authority and an ICCAT regional observer to monitor the release.

Article 52

Releases associated with caging operations
1.

The determination of the fish to be released shall be done in accordance with Section B, point 3, of Annex XI.

2.

If the weight of bluefin tuna being caged is in excess of that which had been declared as caught and/or transferred, the competent authority of the catching flag or trap Member State shall issue a release order and communicate it without delay to the competent authority of the farm Member State concerned. The release order shall be issued in accordance with Section B, point 3, of Annex XI, taking into account possible compensation at the joint fishing operation or trap level, in accordance with Section B, point 5, of Annex XI.

3.

The release operation shall be conducted in accordance with the protocol set out in Annex XII.

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.

Section 7a Harvesting operations

Article 56a

Harvesting
1.

Processing vessels intending to operate in farms or traps shall send a prior notification to the farm or trap Member State at least 48 hours before arrival of the vessel to the farm or trap area. The prior notification shall include at least the date and estimated time of arrival and information as to whether the processing vessel has bluefin tuna on board, and, if so, shall provide details on the cargo, including quantities in processed weight and live weight and details of the origin (farm or trap and Member State or CPC) of the bluefin tuna on board.

2.

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:

  • — date or period of harvesting,
  • — estimated quantities to be harvested in number of bluefin tuna individuals and in kg,
  • — eBCD number associated with the bluefin tuna individuals to be harvested,
  • — details of auxiliary vessels involved in the operation, and
  • — destination of harvested bluefin tuna (processing vessel, export, local market, etc.).
3.

Except for bluefin tuna individuals which are close to dying, no harvesting operation shall be authorised before the results of the quota uptake in accordance with Article 50(7) to (9) has been determined and the associated releases have been conducted.

4.

Harvesting operations shall not take place without the presence of a national observer in the case of traps or an ICCAT regional observer in the case of harvesting in farms. For fish delivered to processing vessels, the national observer or ICCAT regional observer may perform their relevant tasks from the processing vessels.

5.

The competent authorities of the farm or trap Member States shall verify and cross-check the results of all harvesting operations taking place in farms and traps under their jurisdiction, using all relevant information in their possession. The competent control authorities of the farm or trap Member States shall inspect all harvesting operations of bluefin tuna destined for processing vessels and a percentage of the rest of harvesting operations based on risk analysis.

6.

When the destination of the bluefin tuna is a processing vessel, the master of the processing vessel or its representative, shall complete a processing declaration. When the harvested bluefin tuna is to be landed directly into port, the operator of the farm or trap shall complete a harvesting declaration. The processing and harvesting declarations shall be validated by the national observer or ICCAT regional observer present at the harvesting operation.

7.

The processing and harvesting declarations shall be transmitted by e-mail to the competent authorities of the farm Member State within 48 hours of the harvesting operation using the template set out in Annex XVb.

Section 7b Control activities in the farms after caging

Article 56b

Intra-farm transfers
1.

Intra-farm transfer shall not take place without the authorisation and the presence of the competent authority of the farm Member State. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The competent authority of the farm Member State shall monitor and control those transfers and shall ensure that each intra-farm transfer is recorded in the eBCD system.

2.

Notwithstanding the definition of caging in Article 5, point 30, the relocation of bluefin tuna individuals between two different locations on the same farm (intra-farm transfer) using a transport cage, shall not be considered as caging for the purposes of Section 7.

3.

During intra-farm transfers, regrouping fish of the same flag origin and the same joint fishing operation, may be authorised by the competent authority of the farm Member State, providing that traceability and the applicability of the SCRS’s growth rates are maintained.

4.

The competent authority of the farm Member State and the farm operator shall retain the video records from intra-farm transfers undertaken in farms under its jurisdiction for a minimum of 3 years and keep the information for as long as necessary for enforcement purposes.

Article 56c

Carry-over
1.

Prior to the beginning of the next purse seine vessel and trap fishing seasons, the competent authority of the farm Member State shall thoroughly assess the live bluefin tuna carried-over in the farms under its jurisdiction. To that end, the live bluefin tuna concerned shall be transferred to empty cages and monitored using control cameras in order to determine the number and the weight of bluefin tuna individuals transferred.

2.

By way of derogation from paragraph 1, the carry-over of bluefin tuna from years and cages where no harvest occurred shall be controlled annually by applying the random control procedure set out in Article 56e.

3.

The live bluefin tuna carried over shall be placed in separate cages or series of cages in the farm and partitioned on the basis of the joint fishing operation or same trap Member State or CPC of origin and catch year.

4.

The competent authority of the farm Member State shall ensure that the control camera video record from the carry-over assessment transfers complies with the relevant minimum standards for video recording procedures set out in Annex X and that the determination of the number and weight of carried-over bluefin tuna individuals is in accordance with Section A of Annex XI.

5.

Until the SCRS develops an algorithm to convert length into weight for fattened or farmed fish or both, the determination of the weight of the carried-over bluefin tuna individuals shall be conducted using the most updated growth rate tables produced by the SCRS.

6.

A difference by number of bluefin tuna individuals between the number resulting from the carry-over assessment and the expected number after harvest shall be duly investigated by the competent authority of the farm Member State and recorded in the eBCD system. In the case of an excess number, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the carry-over assessment and the number of individuals expected to be present in the cage.

7.

The competent authority of the farm Member State shall retain the video record and all the relevant documentation from carry-over assessments undertaken in farms under its jurisdiction for a minimum of 3 years and shall keep that information as long as necessary for enforcement purposes.

Article 56d

Annual carry-over declaration
1.

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:

  • (a) flag Member State;
  • (b) name and ICCAT number of the farm;
  • (c) year of catch;
  • (d) references of the eBCD corresponding to the catches carried over;
  • (e) cage numbers;
  • (f) quantities (expressed in kg) and number of bluefin tuna individuals carried over;
  • (g) average weight;
  • (h) information of each of the carry-over assessment operations: date and cage numbers; and
  • (i) 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.

2.

The stereoscopical system report, where applicable, shall be attached to the annual carry-over declaration.

Article 56e

Random controls
1.

The competent authority of the farm Member State shall carry out random controls in farms under its jurisdiction. The minimum random controls referred to in paragraph 2 shall take place in farms between the time of completion of the caging operations and the first caging of the following year. Such controls shall involve the compulsory transfer of all bluefin tuna individuals from farm cages to other farm cages in order that the number of bluefin tuna individuals can be counted by way of control video records.

2.

Each farm Member State shall set a minimum number of random controls to be performed on each farm under its jurisdiction. The number of random controls shall cover at least 10 % of the number of cages in each farm after completion of the caging operations, involving at least one control per farm and rounded up where needed. The selection of cages to be controlled shall be based on risk analysis. The planning for random controls to be carried out shall be reflected in the Member State’s monitoring, control and inspection plan referred to in Article 14.

3.

Although not mandatory, the competent authority of the farm Member State may give the farms concerned a maximum of 2 calendar days prior notice that a random control will take place. In such cases, the competent authority of the farm Member State shall only communicate the selected cages to the farm operator upon arrival at the farm concerned.

4.

The farm operators shall take all appropriate steps to facilitate the random controls and, where prior notice is given, they shall ensure that all means are in place in order that random controls can be carried out by the competent authority of the farm Member State at any time, and in any cage in the farm.

5.

The competent authority of the farm Member State shall strive to reduce the time between the ordering of the random controls and date when the control operations are carried out. The competent authority of the farm Member State shall ensure that all necessary measures are taken to ensure that the farm operator does not have the possibility to manipulate the cages concerned before the random control takes place.

6.

Following the random control, any difference between the number of bluefin tuna individuals determined by the random controls and the number expected to be present in the cage shall be duly investigated and recorded in the eBCD system. In the case of an excess number, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed. The competent authority of the farm Member State may allow a margin of error of 5 % between the number of bluefin tuna individuals resulting from the control transfer and the number of individuals expected to be present in the cage.

7.

The competent authority of the farm Member State shall retain all video records from random controls undertaken in farms under its jurisdiction for a minimum of 3 years and shall keep that information as long as necessary for enforcement purposes.

8.

The results of the random controls shall be communicated by the Commission to the ICCAT Secretariat before the start of the new purse seine vessel fishing season applicable to each Member State in accordance with Article 17, for transmission to the ICCAT Compliance Committee.

Article 56f

Inter-farm transfers
1.

The transfer of live bluefin tuna individuals between two different farms shall not take place without the prior written authorisation from the competent authorities of the farm Member States concerned.

2.

The transfer from the donor farm cage to the transport cage shall comply with the requirements set out in Section 6 including a video record to confirm the number of bluefin tuna individuals transferred, the completion of an ITD and the verification of the operation by an ICCAT regional observer.

3.

Notwithstanding paragraph 2, in cases where an entire farm cage is to be moved to the farm of destination, it shall not be necessary to video record the operation and the cage shall be transported sealed to the farm of destination.

4.

The caging of the bluefin tuna at the farm of destination shall be subject to the requirements for caging operations set out in Articles 46a and 49 and Article 51(1), (2) and (7), including a video recording to confirm the number and weight of the bluefin tuna individuals caged and the verification of the operation by an ICCAT regional observer. The determination of the weight for bluefin tuna individuals being caged from another farm shall not apply until the SCRS has developed an algorithm to convert length into weight for fattened or farmed fish or both.

Section 8 Monitoring and surveillance

Article 57

Vessel Monitoring System
1.

By way of derogation from Article 9(5) of Regulation (EC) No 1224/2009, flag Member States shall implement VMS for all their fishing vessels with a length overall equal to or greater than 12 metres and for all their towing vessels, irrespective of their length, and in accordance with Annex XV to this Regulation. All such vessels shall transmit messages at least once every two hours, except for towing vessels and purse seine vessels which shall transmit at least every hour.

2.

Fishing vessels required to have VMS in accordance with paragraph 1 shall begin to transmit VMS data to the ICCAT Secretariat at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a request is sent in advance to the Commission for the vessel to be removed from the ICCAT record of vessels.

3.

For control purposes, the master or the master’s representative shall ensure that the transmission of VMS data from catching vessels that are authorised to fish actively for bluefin tuna is not interrupted when vessels are in port unless there is a system of hailing in and out of port.

4.

Member States shall ensure that their fisheries monitoring centres forward to the Commission and a body designated by it, in real time and using the format ‘https data feed’, the VMS messages received from the fishing vessels flying their flag. The Commission shall forward those messages to the ICCAT Secretariat.

5.

Member States shall ensure that:

  • (a) VMS messages from the fishing vessels flying their flag are forwarded to the Commission as set out in paragraph 1;
  • (b) 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;
  • (ba) 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;
  • (c) messages forwarded to the Commission are sequentially numbered (with a unique identifier) in order to avoid duplication;
  • (d) messages forwarded to the Commission are in accordance with Article 24(3) of Implementing Regulation (EU) No 404/2011.
6.

Each Member State shall ensure that all messages made available to its inspection vessels are treated in a confidential manner and are limited to inspection at sea operations.

Section 9 Inspection and enforcement

Article 58

ICCAT Scheme of Joint International Inspection
1.

Joint international inspection activities shall be carried out in accordance with the ICCAT Scheme of Joint International Inspection (‘the ICCAT scheme’) for international control outside the waters under national jurisdiction, as set out in Annex IX to this Regulation.

2.

Member States whose fishing vessels are authorised to operate for bluefin tuna shall assign inspectors and carry out inspections at sea under the ICCAT scheme.

3.

Where at any time, more than 15 fishing vessels flagged to a Member State are engaged in bluefin tuna activities in the Convention Area, the Member State concerned shall, on the basis of risk assessment, deploy an inspection vessel for the purpose of inspection and control at sea in the Convention Area throughout the period that those vessels are there. That obligation shall be deemed to have been complied with where Member States cooperate to deploy an inspection vessel or where a Union inspection vessel is deployed in the Convention Area.

4.

The Commission or a body designated by it may assign Union inspectors to the ICCAT scheme.

5.

For the purposes of paragraph 3, the Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union. The Commission may draw up, in coordination with the Member States concerned, joint inspection programmes to enable the Union to fulfil its obligation under the ICCAT scheme. Member States whose fishing vessels are engaged in the fishery of bluefin tuna shall adopt the necessary measures to facilitate the implementation of those programmes particularly as regards the human and material resources required and the periods when and geographical areas where those resources are to be deployed.

6.

Member States shall inform the Commission by 1 April of each year of the names of the inspectors and the inspection vessels they intend to assign to the ICCAT scheme during the year. Using that information, the Commission shall draw up, in collaboration with the Member States, a plan for the Union participation in the ICCAT scheme each year, which it shall send to the ICCAT Secretariat and the Member States.

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:

  • (a) failed to comply with the recording and reporting requirements set out in Articles 31 and 32; or
  • (b) 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
1.

Each Member State shall verify information and timely submission of inspection and observer reports, VMS data and, where appropriate, e-BCDs, logbooks of their fishing vessels, transfer and transhipment documents and catch documents, in accordance with Article 109 of Regulation (EC) No 1224/2009.

2.

Each Member State shall carry out cross-checks on all landings, all transhipments or caging between the quantities by species recorded in the fishing vessel logbook or quantities by species recorded in the transhipment declaration and the quantities recorded in the landing declaration or caging declaration, and any other relevant document, such as invoices or sales notes.

Section 10 Enforcement

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
1.

Without prejudice to Regulations (EC) No 1224/2009 and (EC) No 1005/2008 and Regulation (EU) No 1379/2013 of the European Parliament and of the Council ([^E0006]), Union trade, landing, import, export, placing in cages for fattening or farming, re-export and transhipment of bluefin tuna that are not accompanied by the accurate, complete and validated documentation as required under this Regulation or under other Union legal acts implementing ICCAT rules on the bluefin tuna catch documentation programme shall be prohibited.

2.

Union trade, import, landing, placing in cages for fattening or farming, processing, export, re-export and transhipment of bluefin tuna shall be prohibited where:

  • (a) 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
  • (b) 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.
3.

Without prejudice to Regulations (EC) No 1224/2009, (EC) No 1005/2008 and (EU) No 1379/2013, Union trade, imports, landings, processing and exports of bluefin tuna from fattening or farming farms that do not comply with the Regulations referred to in paragraph 1 shall be prohibited.

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 ([^E0007]), 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
1.

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:

  • (a) annual carry-over under Article 8 for bluefin tuna;
  • (b) 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);
  • (c) time periods for fishing seasons as provided in Article 17(1) to (4);
  • (d) the minimum conservation reference size set out in Article 19(1) and (2) and Article 20(1);
  • (e) 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);
  • (f) 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;
  • (g) tasks for national observers and ICCAT regional observers as provided in Article 38(2) and Article 39(5), respectively;
  • (h) reasons to refuse the authorisation to transfer laid down in Article 41(1);
  • (i) reasons to seize the catches and order the release of fish of Article 46(4);
  • (j) the number of vessels set out in Article 58(3);
  • (k) Annexes I to XVb;
  • (l) 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);
  • (m) 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;
  • (n) conditions for assigning ICCAT regional observers to farms under Article 39(4).
2.

Any amendments adopted in accordance with paragraph 1 shall be strictly limited to the implementation of amendments and/or supplements to the respective ICCAT recommendations which are binding on the Union.

Article 67

Exercise of the delegation
1.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Article 66 shall be conferred on the Commission for a period of five years from 17 October 2023. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.

The delegation of power referred to in Article 66 may be revoked at any time by the European Parliament or the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

4.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Article 66 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament or the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 68

Committee procedure
1.

The Commission shall be assisted by the Committee for Fisheries and Aquaculture established under Article 47 of Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 69

Amendments to Regulation (EC) No 1936/2001

Regulation (EC) No 1936/2001 is amended as follows:

  • (a) Article 3, points (g) to (j), Articles 4a, 4b, and 4c and Annex Ia are deleted;
  • (b) in Annex I, the indent ‘Bluefin tuna: Thunnus thynnus’ is deleted;
  • (c) 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
1.

Regulation (EU) 2016/1627 is repealed.

2.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XVI to this Regulation.

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 that the following capacity limitations are respected:
  • (a) 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;
  • (b) 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, with the exception of small-scale coastal vessels operating in the Gulf of Lion, whose number may increase by up to 10 % compared to the number of vessels recorded in 2008;
  • (c) 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 vessels concerned.
  • 2.Each Member State may allocate:
  • (a) no more than 7 % of its quota for bluefin tuna among its baitboats and trolling boats;
  • (b) no more than 2 % of its quota for bluefin tuna among its coastal artisanal fishery for fresh fish in the Mediterranean; however, in the Gulf of Lion, that percentage may go up to 4 %;
  • (c) no more than 90 % of its quota for bluefin tuna among its catching vessels in the Adriatic Sea for farming purposes.
  • 3.By way of derogation from point 2(a), for France, a maximum of 100 tonnes of bluefin tuna weighing no less than 6,4 kg or 70 cm fork length may be caught by vessels flying the flag of France of a length overall of less than 17 metres operating in the Bay of Biscay.
    1. 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.
    1. 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:
  • — tail tags shall be affixed on each bluefin tuna immediately upon offloading,
  • — each tail tag shall have a unique identification number and be included on bluefin tuna catch documents and written legibly and indelibly on the outside of any package containing tuna.

ANNEX II

LOGBOOK REQUIREMENTS

A. CATCHING VESSELS

Minimum specifications for fishing logbooks:

    1. The logbook shall be numbered by sheet.
    1. The logbook shall be completed every day (midnight) or before port arrival.
    1. The logbook shall be completed in case of at-sea inspections.
    1. One copy of the sheets shall remain attached to the logbook.
    1. Logbooks shall be kept on board to cover a period of one year of operation.

Minimum standard information for fishing logbooks:

    1. Master’s name and address.
    1. Dates and ports of departure, dates and ports of arrival.
    1. Vessel’s name, register number, ICCAT number, international radio call sign and IMO number (if available).
    1. Fishing gear:
  • (a) type by FAO code;
  • (b) dimension (e.g. length, mesh size, number of hooks).
    1. Operations at sea with one line (minimum) per day of trip, providing:
  • (a) activity (e.g. fishing, steaming);
  • (b) 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;
  • (c) record of catches, including:
  • — FAO code,
  • — round weight (RWT) in kg per day,
  • — number of pieces per day. For purse seine vessels, those data shall be recorded by fishing operation, including nil return.
    1. Master’s signature.
    1. Means of weight measure: estimation, weighing on board.
    1. 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:

    1. Dates and port of landing or transhipment.
    1. Products:
  • (a) species and presentation by FAO code;
  • (b) number of fish or boxes and quantity in kg.
    1. Signature of the master or vessel agent.
    1. 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:

    1. Date, time and position (latitude/longitude) of transfer.
    1. Products:
  • (a) species identification by FAO code;
  • (b) number of fish and quantity in kg transferred into cages.
    1. Name of towing vessel, its flag and ICCAT number.
    1. Name of the farm of destination and its ICCAT number.
    1. 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:
  • (a) as regards the catching vessel transferring the fish into cages:
  • — amount of catches taken on board,
  • — amount of catches counted against its individual quota,
  • — the names of the other vessels involved in the JFO;
  • (b) as regards the other catching vessels of the same JFO not involved in the transfer of the fish:
  • — the name of those vessels, their international radio call signs and ICCAT numbers,
  • — that no catches have been taken on board or transferred into cages,
  • — amount of catches counted against their individual quotas,
  • — the name and the ICCAT number of the catching vessel referred to in point (a).

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

Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form Catch report form
Flag ICCAT Number Vessel name Report start date Report end date Report duration (d) Catch date Location of the catch Location of the catch Catch Catch Catch Attributed weight in case of a joint fishing operation (kg)
Flag ICCAT Number Vessel name Report start date Report end date Report duration (d) Catch date Latitude Longitude Weight (kg) Number of pieces Average weight (kg) Attributed weight in case of a joint fishing operation (kg)

ANNEX IV

APPLICATION FORM FOR THE AUTHORISATION TO PARTICIPATE IN A JOINT FISHING OPERATION

Joint fishing operation Joint fishing operation Joint fishing operation Joint fishing operation Joint fishing operation Joint fishing operation Joint fishing operation Joint fishing operation Joint fishing operation
Flag State 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 Fattening and farming farm destination
Flag State Vessel name ICCAT No Duration of the operation Identity of the operators Vessel’s individual quota Allocation key per vessel CPC ICCAT No

Date …

Validation of the flag State …

ANNEX V

ICCAT TRANSHIPMENT DECLARATION

Image omitted; see official source

ANNEX VI

ICCAT TRANSFER DECLARATION

Image omitted; see official source

ANNEX VII

MINIMUM INFORMATION FOR FISHING AUTHORISATIONS ([^E0008])

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.
From …/…/… To …/…/… From …/…/… To …/…/… From …/…/… To …/…/… From …/…/… To …/…/… From …/…/… To …/…/… From …/…/… To …/…/…
Zones
Species
Fishing gear
Other conditions

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:
  • (a) the national observer’s estimation of the number and weight of bluefin tuna individuals caught (including by-catch);
  • (b) disposition of the catch, such as retained on board, discarded dead or released alive;
  • (c) area of catch by latitude and longitude;
  • (d) measure of fishing effort (e.g. number of sets, number of hooks), as defined in the ICCAT Manual for different gear types;
  • (e) date of catch;
  • (f) 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:
  • (a) in case of a further transfer involving movement of fish between two transport cages:
  • (i) without delay, analyse the video record of the further transfer, to estimate the number of bluefin tuna individuals being transferred;
  • (ii) 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
  • (iii) 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;
  • (b) record and report in the observer reports all bluefin tuna individuals observed during the transport trip to be dead;
  • (c) sight and record vessels that are suspected to be fishing contrary to ICCAT conservation measures; and
  • (d) 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:
  • (a) verify the harvesting authorisation issued by the competent authorities of the trap Member State;
  • (b) verify and, where appropriate, sign 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:

  • (a) sufficient experience to identify species and fishing gear;
  • (b) satisfactory knowledge of the ICCAT conservation and management measures, and of ICCAT training guidelines;
  • (c) the ability to observe and record accurately;
  • (d) the ability to analyse video records;
  • (e) 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:
  • (a) have completed the technical training required by the guidelines established by ICCAT;
  • (b) 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;
  • (c) be capable of performing the tasks set out in Part II, Section C;
  • (d) be included in the list of ICCAT regional observers maintained by the ICCAT Secretariat;

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