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

• (e) not have current financial or beneficial interests in bluefin tuna fishery.

• 2.ICCAT regional observers shall treat as confidential all information with respect to the fishing and transfer operations conducted by the purse seine vessels, the farms and the traps, and shall accept this requirement in writing as a condition to be appointed as an ICCAT regional observer.

• 3.ICCAT regional observers shall comply with the requirements established in the laws and regulations of the flag or farm Member State or CPC which exercises jurisdiction over the vessel, farm or trap to which the ICCAT regional observers are assigned.

• 4.ICCAT regional observers shall respect the hierarchy and general rules of behaviour which apply to all vessel, farm and trap personnel, provided that such rules do not interfere with the duties of the ICCAT regional observer under this programme, or with the obligations of vessel, farm and trap personnel set out in this Annex.

C. Tasks of the ICCAT regional observer

• 1.The ICCAT regional observer tasks shall be, in particular, to:

• (a) as a general task:
• (i) observe and monitor compliance of the bluefin tuna fishing and farming operations with the relevant ICCAT conservation and management measures;
• (ii) carry out such scientific work, such as collecting samples or Task II data, as required by the Commission, based on the recommendations of the SCRS;
• (iii) sight and record vessels suspected to be fishing in contravention of ICCAT conservation and management measures, and verify and record the name of the fishing vessel concerned and its ICCAT number;
• (iv) exercise any other tasks as determined by the Commission;

• (b) as regards purse seine vessels or trap catching activity:
• (i) observe and report on the fishing activities carried out;
• (ii) observe and estimate catches and verify entries made in the logbook;

• (c) as regards first transfers from a purse seine vessel or trap to transport cages:
• (i) record and report on the transfer activities carried out;
• (ii) verify the position of the vessel when engaged in a transfer;
• (iii) review and analyse all the video records related to the transfer operation concerned, where applicable;
• (iv) estimate the number of bluefin tuna individuals being transferred and record the result in the ITD;
• (v) issue a daily report of the transfer activities of purse seine vessels;
• (vi) record and report on the result of the analysis carried out;
• (vii) verify entries made in the prior transfer notification referred to in Article 40, in the ITD referred to in Article 42 and in the eBCD;
• (viii) verify that the ITD referred to in Article 42 is transmitted to the master of the towing vessel or to the operator of the farm or trap;
• (ix) in relation to control transfers, verify the seals’ identification number and ensure that the seals are placed in such a way to prevent the opening of the doors without the seals being broken;

• (d) as regards caging operations, review the camera video records at caging to determine the number of bluefin tuna individuals caged, in due time to allow the farm operator to complete the related caging declaration;

• (e) as regards verification of data:
• (i) verify and certify the data contained in the ITDs, the caging declarations and the eBCD, including through the analysis of video records;
• (ii) issue a daily report on the transfer activities of the purse seine vessels, farms and traps;
• (iii) where the relevant operation is in accordance with the ICCAT conservation and management measures and the information contained within those documents is consistent with the observations made by the ICCAT regional observer, sign the ITDs, the caging declarations and the eBCD, with the name and ICCAT number clearly written; or in case of disagreement, indicate his/her presence on the relevant ITD and caging declarations or the eBCD concerned, or both, and the reasons of disagreement, quoting specifically the rules or procedures that, in the view of the ICCAT regional observer, have not been respected;

• (f) as regards releases:
• (i) as regards releases before caging, observe and report on the release operation from the purse seine or the transport cage, in accordance with the release protocol in Annex XII;
• (ii) as regards releases after caging, observe and report on the prior segregation of fish and the subsequent release operation, in accordance with the release protocol in Annex XII, including by verifying that the quality of the video record of the prior segregation satisfies the minimum standards for video recording procedures set out in Annex X and determining the number of bluefin tuna individuals released;
• (iii) in both cases, verify the release order issued by the competent authority of the Member State or CPC concerned and, where appropriate, sign the information in the release declaration made by the donor or farm operator;

• (g) as regards harvesting operation in farms:
• (i) verify the harvesting authorisation issued by the competent authority of the farm Member State or CPC;
• (ii) verify and, where appropriate, sign the information in the processing and harvesting declarations made by the master of the processing vessel or its representative, or by the farm operator;

• (h) as regards reporting
• (i) register and verify the presence of any type of tag, including natural marks, and notify any sign of recent tag removals; for all bluefin tuna individuals tagged with electronic tags, conduct full biological sampling (otoliths, spine and genetic sample) following guidelines issued by the SCRS;
• (ii) establish general reports compiling the information collected under Section C and provide the master of the fishing vessel and farm operator the opportunity to add any relevant information to those reports;
• (iii) submit the general reports referred to in point (h)(ii) to the entity operating the ICCAT regional observer programme, for transmission to the ICCAT Secretariat within 20 days from the end of the period of observation;
• (iv) in cases where the ICCAT regional observer observes potential non-compliance with an ICCAT recommendation, submit that information without delay to the entity operating the ICCAT regional observer programme who shall transmit it without delay to the competent authority of the flag, trap or farm Member State concerned, and to the ICCAT Secretariat; for that purpose, the entity operating the ICCAT regional observer programme shall set up a system through which that information can be securely communicated;
• (v) obtain, as far as possible, evidence (i.e. photos, video records) of potential non-compliance detected and attach them to the ICCAT regional observer report.

D. Obligations of the flag, trap and farm Member States

• 1.The flag, farm and trap Member States shall ensure that, in particular, the ICCAT regional observer:

• (a) is allowed access to personnel on the purse seine vessel, farm and trap and to the gear, cages equipment and records of the control camera;

• (b) on request and in order to carry out the duties set out in the ICCAT regional observer programme, is allowed access to the following equipment, if present on the vessels to which the observers is assigned:
• (i) satellite navigation equipment;
• (ii) radar display screens when in use;
• (iii) electronic means of communication;

• (c) is provided accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers;

• (d) is provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties.

• 2.The flag, trap and farm Member States shall ensure that masters, crew members, and farm, trap and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an ICCAT regional observer in the performance of ICCAT regional observer duties.

• 3.The flag, trap or farm Member States shall be provided, in a manner consistent with any applicable data confidentiality requirements, with copies of all raw data, summaries and reports pertaining to the fishing trip. The ICCAT regional observer reports shall be submitted to the Compliance Committee and to the SCRS.

• 4.The competent authorities of the flag, farm or trap Member States where the ICCAT regional observer is providing observer services, may request that the observer be replaced if they have evidence that the ICCAT regional observer does not fulfil the obligations, or adequately carry out the tasks, set out in this Regulation. Any such cases shall be reported to Panel 2.

E. Fees and organisation

• 1.The costs of implementing the ICCAT regional observer programme shall be financed by the operators of the farms and traps and owners of the purse seine vessels. The fee shall be calculated on the basis of the total costs of the programme and paid into a special account of the ICCAT Secretariat used for the implementation of the ICCAT regional observer programme.

• 2.No ICCAT regional observer shall be assigned to a vessel, trap or farm for which the fees, as required under this Annex, have not been paid.

ANNEX IX

ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION

ICCAT agreed at its Fourth Regular Meeting (Madrid, November 1975) and at its Annual Meeting in 2008 in Marrakesh that:

Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the establishment of the following arrangements for international control outside the waters under national jurisdiction for the purpose of ensuring the application of the Convention and the measures in force thereunder:

I. SERIOUS VIOLATIONS

• 1.For the purposes of these procedures, a serious violation means the following violations of the provisions of the ICCAT conservation and management measures adopted by the ICCAT Commission:

• (a) fishing without a licence, permit or authorisation issued by the flag CPC;

• (b) failure to maintain sufficient records of catch and catch-related data in accordance with the ICCAT Commission’s reporting requirements or significant misreporting of such catch and/or catch-related data;

• (c) fishing in a closed area;

• (d) fishing during a closed season;

• (e) intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by ICCAT;

• (f) significant violation of catch limits or quotas in force pursuant to ICCAT rules;

• (g) using prohibited fishing gear;

• (h) falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;

• (i) concealing, tampering with or disposing of evidence relating to the investigation of a violation;

• (j) multiple violations which, taken together, constitute a serious disregard of measures in force pursuant to ICCAT;

• (k) assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorised inspector or observer;

• (l) intentionally tampering with or disabling the VMS;

• (m) such other violations as are determined by the ICCAT, once those are included and circulated in a revised version of those procedures;

• (n) fishing with the assistance of spotter planes;

• (o) interference with the satellite monitoring system and/or operation of a vessel without the VMS;

• (p) transfer activity without ITD;

• (q) transhipment at sea.

• 2.In the case of any boarding and inspection of a fishing vessel during which the authorised inspector observes an activity or condition that would constitute a serious violation, as defined in point 1, the authorities of the flag State of the inspection vessels shall immediately notify the flag State of the fishing vessel, directly as well as through the ICCAT Secretariat. In such situations, the inspector shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity.

• 3.The ICCAT inspector shall register, in the fishing vessel’s logbook, the inspections undertaken and any infringements detected.

• 4.The flag Member State shall ensure that, following the inspection referred to in point 2, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated.

• 5.If the vessel is not called to port, the flag Member State shall provide due justification in a timely manner to the Commission which shall forward the information to the ICCAT Secretariat, who shall make it available on request to other Contracting Parties.

II.   CONDUCT OF INSPECTIONS

• 6.Inspections shall be carried out by inspectors designated by the Contracting Parties. The names of the authorised government agencies and each inspector designated for that purpose by their respective governments shall be notified to the ICCAT Commission.

• 7.Ships carrying out international boarding and inspection duties in accordance with this Annex shall fly a special flag or pennant approved by the ICCAT Commission and issued by the ICCAT Secretariat. The names of the ships so used shall be notified to the ICCAT Secretariat as soon as practical in advance of the commencement of inspection activities. The ICCAT Secretariat shall make information regarding designated inspection vessels available to all CPCs, including by posting on its password-protected website.

• 8.Each inspector shall carry an appropriate identity document issued by the authorities of the flag State, which shall be in the form shown in point 21 of this Annex.

• 9.Subject to the arrangements agreed under point 16, a vessel flagged to a Contracting Party and fishing for tuna or tuna-like fish in the Convention Area outside the waters within its national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a ship flying the ICCAT pennant described in point 7 and carrying an inspector, unless the vessel is actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master of the vessel shall permit the inspection party, as specified in point 10, to board it and shall provide aboarding ladder. The master shall enable the inspection party to make such examination of equipment, catch or gear and any relevant documents as an inspector deems necessary to verify the compliance with the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel being inspected. Further, an inspector may ask for any explanations that are deemed necessary.

• 10.The size of the inspection party shall be determined by the commanding officer of the inspection vessel, taking into account relevant circumstances. The inspection party shall be as small as possible to safely and securely accomplish the duties set out in this Annex.

• 11.Upon boarding the vessel, the inspector shall produce the identity documentation described in point 8. The inspector shall observe generally accepted international regulations, procedures and practices relating to the safety of the vessel being inspected and its crew, and shall minimise interference with fishing activities or stowage of product and, to the extent practicable, avoid action, which would adversely affect the quality of the catch on board.

• Each inspector shall limit his/her enquiries to ascertaining whether the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned are observed. In making the inspection, an inspector may ask the master of the fishing vessel for any assistance that is required. The inspector shall draw up a report of the inspection in a form approved by the ICCAT Commission. The inspector shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which the master of the vessel considers suitable and shall sign such observations.

• 12.Copies of the report shall be given to the master of the vessel and to the government of the inspection party, which shall transmit copies to the appropriate authorities of the flag State of the inspected vessel and to the ICCAT Commission. Where any infringement of ICCAT recommendations is discovered, the inspector shall, where possible, also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity.

• Upon receipt of inspection reports indicating apparent infringements, the ICCAT Secretariat shall make available this information on the ICCAT website in a secure manner and with restricted access. Any subsequent information regarding follow-up actions taken by the flag CPC shall also be published as it becomes available to the Secretariat. The information shall be presented in accordance with the table of the Appendix to this Annex.

• 13.Resistance to an inspector or failure to comply with an inspector’s directions shall be treated by the flag State of the inspected vessel in a manner similar to such conduct committed with respect to a national inspector.

• 14.Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this Regulation, but they shall remain under the operational control of their national authorities and shall be responsible to them.

• 15.Contracting Parties shall consider and act on inspection reports, sighting information sheets as per ICCAT Recommendation 94-09 and statements resulting from documentary inspections of foreign inspectors under these arrangements on a similar basis as to the reports of national inspectors, in accordance with their national legislation. This point shall not impose any obligation on a Contracting Party to give the report of a foreign inspector a higher evidential value than it would possess in the inspector’s own country. Contracting Parties shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements.

• 1. (a) Contracting Parties shall inform the ICCAT Commission by 15 February each year of their provisional plans for conducting inspection activities under the recommendation implemented by this Regulation in that calendar year and the ICCAT Commission may make suggestions to Contracting Parties for the coordination of national operations in this field, including the number of inspectors and ships carrying inspectors. (b) The arrangements set out in the ICCAT Recommendation 19-04 and the plans for participation shall apply between Contracting Parties unless otherwise agreed between them, and such agreement shall be notified to the ICCAT Commission. However, the implementation of the scheme shall be suspended between any two Contracting Parties if either of them has notified the ICCAT Commission to that effect, pending completion of such an agreement.

• 1. (a) The fishing gear shall be inspected in accordance with the regulations in force for the subarea in which the inspection takes place. The inspector shall state the subarea for which the inspection took place and describe any violations found in the inspection report. (b) The inspector shall be entitled to inspect all fishing gear in use or on board.

• 18.The inspector shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected which appears to be in contravention of the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned and shall record this fact in the inspection report.

• 19.The inspector may photograph the gear, equipment, documentation and any other element the inspector considers necessary in such a way as to reveal those features which in his/her opinion are not in conformity with the regulation in force, in which case the subjects photographed shall be listed in the report and copies of the photographs shall be attached to the copy of the report to the flag State.

• 20.The inspector shall, as necessary, inspect all catch on board to determine compliance with ICCAT recommendations.

• 21.The model identity card for inspectors is as follows:

• Image omitted; see official source

The European Fisheries Control Agency shall be the body designated to:

• (a) receive, from the authorities of the flag Member State of the inspection vessel, the report and any information related to detected infringements;

• (b) send a copy of the reports with detected infringements to the flag State of the inspected fishing vessel and to the ICCAT Secretariat, with copy to the Commission.

Appendix

Information to be provided on the actions taken in response to the findings of inspections carried out under the Scheme of Joint International Inspection

Inspection report number	Inspecting party CPC	Fishing vessel CPC	Date of inspection	Vessel / Fishing gear type	Inspection findings [^E0009]	Infringement confirmed by flag CPC: Y/N	State of play follow-up [^E0010]	Measures taken [^E0011]	Remarks [^E0012]

Description of findings with indication of the legal provision(s) concerned.

Under investigation, appeal, closed, etc.

Judicial or administrative measures taken, such as rerouting the vessel, seizure of catches or fishing gear, suspension or withdrawal of authorisation, fines, etc.

Free text with any details the flag CPC wishes to provide. Where no action was taken, detailed explanation of reasons for not taking action.

ANNEX X

MINIMUM STANDARDS FOR VIDEO RECORDING PROCEDURES APPLICABLE TO TRANSFER, CAGING AND RELEASE OPERATIONS

• 1.The following procedures shall apply to all video recordings of transfer, caging and release operations referred to in this Regulation:

• (a) at the beginning or the end of each video, the ICCAT transfer or caging authorisation number or release order and the number on the cage(s) (as indicated in the transfer declaration – ITD) shall be displayed;

• (b) the time and the date of the video shall be continuously displayed throughout each video record;

• (c) the video record shall be continuous without any interruptions and cuts, and cover the entire transfer, caging or release operation;

• (d) before the start of the transfer, caging or release operation, the video record shall include the opening and closing of the net or door and, for transfers and caging operations, show whether the receiving and donor cage(s) already contain bluefin tuna;

• (e) the video record shall be of sufficient quality to determine the number and, where appropriate the weight, of bluefin tuna being transferred, caged or released;

• (f) a copy of the video record shall be kept on board the donor vessel, or by the farm or trap operator where appropriate, during the entire period they have authorisation to operate;

• (g) the electronic storage device containing the original video record shall be immediately provided to the ICCAT regional observer and/or national observer after the end of the transfer, caging and/or release operation. The ICCAT regional observer and/or national observer shall immediately initialise it to avoid any further manipulation.

• 2.Each flag, trap and farm Member State concerned shall establish the necessary measures to avoid any replacement, editing or manipulation of the original video records.

Insufficient quality of the video record

• 3.If the video record is of insufficient quality to determine the number and, where appropriate the weight, of bluefin tuna being transferred, caged or released, the operation shall be repeated until the quality of the video is adequate, following the procedures below:

• (a) for a transfer, the transfer operation concerned shall be repeated in accordance with Article 43a (voluntary and control transfers). For those transfers where the origin of the fish is a trap, the bluefin tuna already transferred from the trap to the receiving cage could be sent back to the trap and the voluntary transfer is cancelled under the supervision of the ICCAT regional observer;

• (b) for a caging operation, the caging operation concerned shall be repeated in accordance with points 2 and 3 of Article 49. The new caging operation must include movement of all the bluefin tuna from the receiving farm cage into another farm cage, which must be empty;

• (c) for releases, the segregation of the fish to be released shall be repeated in accordance with the release Protocol set out in Annex XII.

ANNEX XI

STANDARDS AND PROCEDURES FOR STEREOSCOPICAL CAMERA SYSTEMS IN THE CONTEXT OF CAGING OPERATIONS

A. Use of stereoscopical camera systems

The use of stereoscopic camera systems in the context of caging operations, as required by Article 51, shall be conducted in accordance with the following:

• 1. The sampling intensity of live fish shall not be below 20 % of the amount of fish being caged. Where technically possible, the sampling of live fish shall be sequential, one in every five individuals being measured; such a sample shall be made up of fish measured at a distance of between 2 and 8 metres from the camera.

• 1. The dimensions of the transfer gate connecting the donor cage and the receiving cage shall be set at a maximum width of 10 metres and a maximum height of 10 metres.

• 1. Where the length measurements of the fish present a multi-modal distribution (two or more cohorts of distinct sizes), it shall be possible to use more than one conversion algorithm for the same caging operation; the most up-to-date algorithm(s) established by SCRS shall be used to convert fork lengths into total weights, according to the size category of the fish measured during the caging operation.

• 1. Validation of the stereoscopical length measurements shall be undertaken prior to each caging operation using a scale bar at a distance of between 2 and 8 metres.

• 1. Where the results of the stereoscopical programme are communicated, the information shall indicate the margin of error inherent to the technical specifications of the stereoscopic camera system, which shall not exceed a range of +/- 5 %.

• 1. The report on the results of the stereoscopical programme shall include details on all the technical specifications above, including the sampling intensity, the sampling methodology, the distance from the camera, the dimensions of the transfer gate, and the algorithms (length-weight relationship). SCRS shall review those specifications and, if necessary, provide recommendations to modify them.

• 1. In cases where the stereoscopic camera footage is of insufficient quality to estimate the weight of bluefin tuna being caged, a new caging operation shall be ordered by the Member State authorities responsible for the catching vessel, trap or farm.

B. Presentation and use of the results of the programmes

• 1.Decisions regarding differences between the catch report and the results from the stereoscopical system programme shall be taken at the level of the JFO or total trap catches, for JFOs and trap catches destined to a farm facility involving a single CPC and/or Member State. The decision regarding differences between the catch report and the results from the stereoscopical system programme shall be taken at the level of the caging operations for JFOs involving more than one CPC and/or Member State, unless otherwise agreed by all the flag CPC and/or Member State authorities of the catching vessels involved in the JFO.

• 2.Within 15 days from the caging date, the Member State responsible for the farm shall provide a report to the Member State or CPC responsible for the catching vessel or trap and to the Commission, including the following documents:

• (a) technical stereoscopical system report including:
• — general information: species, site, cage, date, algorithm,
• — sizing statistical information: average weight and length, minimum weight and length, maximum weight and length, number of fish sampled, weight distribution, size distribution;

• (b) detailed results of the programme, with the size and weight of every fish that was sampled;

• (c) caging report including:
• — general information on the operation: number of the caging operation, name of the farm, cage number, BCD number, ITD number, name and flag of the catching vessel or trap, name and flag of the towing vessel, date of the stereoscopical system operation and footage file name,
• — algorithm used to convert length into weight,
• — comparison between the amounts declared in the BCD and the amounts found with the stereoscopical system, in number of fish, average weight and total weight (the formula used to calculate the difference shall be: (stereoscopical system-BCD)/stereoscopical system * 100),
• — margin of error of the system,
• — for those caging reports relating to JFOs/traps, the last caging report shall also include a summary of all information in previous caging reports.

• 3.When receiving the caging report, the Member State authorities of the catching vessel or trap shall take all the necessary measures according to the following situations:

• (a) the total weight declared by the catching vessel or trap in the BCD is within the range of the stereoscopical system results:
• — no release shall be ordered,
• — the BCD shall be modified both in number (using the number of fish resulting from the use of the control cameras or alternative techniques) and average weight, while the total weight shall not be modified;

• (b) the total weight declared by the catching vessel or trap in the BCD is below the lowest figure of the range of the stereoscopical system results:
• — a release shall be ordered using the lowest figure in the range of the stereoscopical system results,
• — the release operations shall be carried out in accordance with the procedure laid down in Article 41(2) and Annex XII,
• — after the release operations took place, the BCD shall be modified both in number (using the number of fish resulting from the use of the control cameras, minus the number of fish released) and average weight, while the total weight shall not be modified;

• (c) the total weight declared by the catching vessel or trap in the BCD exceeds the highest figure of the range of the stereoscopical system results:
• — no release shall be ordered,
• — the BCD shall be modified for the total weight (using the highest figure in the range of the stereoscopical system results), for the number of fish (using the results from the control cameras) and average weight accordingly.

• 4.For any relevant modification of the BCD, the values (number and weight) entered in Section 2 shall be consistent with those in Section 6 and the values in Sections 3, 4 and 6, shall be not higher those in Section 2.

• 5.In the case of compensation of differences found in individual caging reports across all cagings from a JFO/trap, whether or not a release operation is required, all relevant BCDs shall be modified on the basis of the lowest range of the stereoscopical system results. The BCDs related to the quantities of bluefin tuna released shall also be modified to reflect the weight/number released. The BCDs related to bluefin tuna not released but for which the results from the stereoscopical systems or alternative techniques differ from those reported caught and transferred shall also be amended to reflect those differences.

• The BCDs relating to the catches from where the release operation took place shall also be modified to reflect the weight/number released.

ANNEX XII

RELEASE PROTOCOL

Issuing of release orders

• 1.Release orders before caging shall be issued:

• by the competent authority of the Member State or CPC of the donor operator when, on the basis of the prior transfer notification, the competent authority of the Member State of the catching vessel or trap refuses the transfer operation as per Article 46; or

• by the competent authority of the farm Member State or CPC when, in accordance with Article 45d, paragraph 8 the caging authorisation has not been issued by the competent authorities of the farm Member State or CPC within 1 month after the request for a caging authorisation.

• 2.Release orders after caging shall be issued:

• by the competent authority of the catching flag or trap Member States or CPC when, following procedures in paragraphs 7 to 9 of Article 50 it is established that the weight caged exceed that reported caught. The release order shall be notified to the competent authorities of the farm Member State or CPC, which shall transmit it to the farm operator concerned; or

• by the competent authorities of the farm Member State or CPC when, after harvest, the remaining fish is not covered by an eBCD, or when a carry-over assessment or control transfer has identified an excess of fish.

• For cases under the first paragraph of point 2, the total weight of bluefin tuna to be released shall be converted into a corresponding number of individuals by applying the average weight resulting from the analysis of the stereoscopic camera video footages related to the relevant caging operation, made by the competent authorities of the farm Member State or CPC in accordance with paragraph 1 of Article 51.

Segregation of fish prior to the release operation

• 3.Prior to the release from a farm cage, the competent authorities of the farm Member State or CPC shall ensure that:

• the fish to be released is segregated and moved to an empty transport cage, and the transfer of the fish to the transport cage is monitored by control camera in the water, in accordance with the minimum standards set out in Annex X;

• the number of fish segregated for release corresponds to the release order.

• 4.The prior segregation of the fish shall be conducted in the presence of an ICCAT regional observer.

Record of the release operation by video camera

• 5.The release of bluefin tuna from transport or farm cages into the sea shall be recorded by control camera. All release operations into the sea shall be observed by an ICCAT regional observer.

Reporting

• 6.For each release operation performed, the donor operator or farm operator responsible for the release shall complete a release report, using the template set out in section 13 of this Annex.

• 7.The ICCAT regional observer shall verify, and where appropriate, sign the information in the release declaration. The donor operator or farm operator shall submit the release declaration to its authorities within 48 hours of the release operation taking place for transmission to the ICCAT Secretariat.

General provisions

• 8.Release operations from purse seine nets, traps or transport cages shall be executed immediately after receipt of the release order.

• 9.Release operations from farms shall be executed within 3 months of the last caging operation of the fish concerned and at a minimum distance of 10 miles from the farm. For releases of less than 5 tonnes of bluefin tuna, the competent authorities of the farm Member State or CPC may set a shorter distance, of minimum 5 miles, for the release.

• 10.The master of the towing vessel or the farm operator shall be responsible for the fish survival until the release operation has taken place.

• 11.The competent authorities of the farm Member State or CPC might implement any additional measures they feel necessary to guarantee that the release operations take place at the most appropriate time and place in order to increase the probability of the fish going back to the stock.

• 12.The provisions of this Annex shall not apply to release of bluefin tuna from traps as a result of lifting of the gear at the end of the activity.

• 13.RELEASE REPORT TEMPLATE:

ICCAT Release Report	ICCAT Release Report	Document No:	Document No:
1 –  CATCHING/CAGING DETAILS	1 –  CATCHING/CAGING DETAILS	1 –  CATCHING/CAGING DETAILS	1 –  CATCHING/CAGING DETAILS
Farm/catching vessel/trap/towing vessel carrying out the release: ICCAT Register number: Release order reference: Catching vessel(s)/trap [^E0013]: JFO number: Caging authorisation(s) number [^E0013]: Release cage(s) number: eBCD(s) reference(s): Release authorisation number:	Farm/catching vessel/trap/towing vessel carrying out the release: ICCAT Register number: Release order reference: Catching vessel(s)/trap [^E0013]: JFO number: Caging authorisation(s) number [^E0013]: Release cage(s) number: eBCD(s) reference(s): Release authorisation number:	Farm/catching vessel/trap/towing vessel carrying out the release: ICCAT Register number: Release order reference: Catching vessel(s)/trap [^E0013]: JFO number: Caging authorisation(s) number [^E0013]: Release cage(s) number: eBCD(s) reference(s): Release authorisation number:	Farm/catching vessel/trap/towing vessel carrying out the release: ICCAT Register number: Release order reference: Catching vessel(s)/trap [^E0013]: JFO number: Caging authorisation(s) number [^E0013]: Release cage(s) number: eBCD(s) reference(s): Release authorisation number:
2 –  DETAILS OF THE RELEASE OPERATION	2 –  DETAILS OF THE RELEASE OPERATION	2 –  DETAILS OF THE RELEASE OPERATION	2 –  DETAILS OF THE RELEASE OPERATION
Type of release [^E0015]: Date of the operation: Towing vessel name: ICCAT Register number: Flag: Segregation of fish prior to the release operation: Verification cage number: Release cage number: Number of BFT individuals released: Weight of BFT released (kg):	Type of release [^E0015]: Date of the operation: Towing vessel name: ICCAT Register number: Flag: Segregation of fish prior to the release operation: Verification cage number: Release cage number: Number of BFT individuals released: Weight of BFT released (kg):	Type of release [^E0015]: Date of the operation: Towing vessel name: ICCAT Register number: Flag: Segregation of fish prior to the release operation: Verification cage number: Release cage number: Number of BFT individuals released: Weight of BFT released (kg):	Type of release [^E0015]: Date of the operation: Towing vessel name: ICCAT Register number: Flag: Segregation of fish prior to the release operation: Verification cage number: Release cage number: Number of BFT individuals released: Weight of BFT released (kg):
Operator name, date and signature [^E0014]:	Operator name, date and signature [^E0014]:	Observer name, ICCAT No., date and signature:	Observer name, ICCAT No., date and signature:
Presence of Observer (Y/N)	Reasons for disagreement:	Reasons for disagreement:	Rules or procedure not respected:

Only for releases from farms.

Signature of the farm operator for releases from farms, or of the fishing vessel master for releases ordered to catching vessels or towing vessels.

Release after completion of caging reports; BFT remaining after harvesting that is not covered by an eBCD; excess of BFT found following a control transfer or carry-over assessment.

ANNEX XIII

Treatment of dead or lost fish

A. Record of dead or lost bluefin tuna

• 1.The number of bluefin tuna individuals that die during any operation regulated under this Regulation shall be reported by the donor operator, in the case of a transfer operation and associated transport, or by the operator of the farm, in the case of a caging operation or farming activities, and shall be deducted from the relevant quota of the Member State concerned.

• 2.For the purposes of this Annex, ‘lost fish’ means the missing bluefin tuna individuals that, after the potential differences detected during the investigation referred to in Article 50 of this Regulation, have not been justified as mortalities.

B. Treatment of fish that die during the catch and first transfer

• 1.The bluefin tuna individuals that die during the catch and first transfer from a purse seine vessel or trap shall be recorded in the purse seine vessel logbook or the trap daily catch report and reported on the ITD and in Section 4 (Transfer information) of the eBCD.

• 2.The eBCD shall be provided to the master of the towing vessel with Sections 2 (Catch information), 3 (Trade information) and 4 (Transfer information) including subsections regarding ‘dead fish’ completed.

• 3.Section 2 (Catch information) of the eBCD shall include all bluefin tuna individuals caught. The total quantities reported in Sections 3 (Trade information) and 4 (Transfer information) of the eBCD (including subsections regarding ‘dead fish’) shall be equal to the quantities reported in Section 2 (Catch information) thereof, after deductions of all the mortalities observed between the catch and completion of the transfer.

• 4.The eBCD shall be accompanied by the ITD in accordance with this Regulation.

• 5.A copy of the eBCD with Section 8 (Trade information) completed shall be completed and transmitted to the master of the auxiliary vessel which transports the dead bluefin tuna to shore (or retained on the catching vessel or the trap if landed directly to shore). A copy of the ITD shall accompany those dead fish and that copy of the eBCD.

• 6.The quantities of dead fish shall be recorded in the eBCD of the catching vessel which made the catch or, in the case of joint fishing operations (‘JFOs’), in the eBCD of either the participating catching vessels or of a vessel flying another flag participating in the JFO.

C. Treatment of fish that die or are lost during further transfers and transport operations

• 1.Masters of the towing vessels shall report, using the template provided for in Section F, all bluefin tuna individuals that die during transport. Individual lines shall be completed by the master of the towing vessel each time a dead or lost fish is detected.

• 2.In case of further transfers, the master of the donor towing vessel shall provide the original of the report to the master of the towing vessel receiving the bluefin tuna, keeping a copy on board for the duration of the campaign.

• 3.On the arrival of a transport cage at the destination farm, the master of the towing vessel shall deliver the complete set of reports of dead fish using the template provided for in Section F to the competent authority of the farm Member State or CPC responsible for the farm.

• 4.For the purpose of the quota uptake to be determined by the flag or trap Member State, the weight of fish that die or are lost during transport shall be evaluated as follows:

• (a) for dead fish:
• (i) in the case of landing, the effective weight at landing shall be applied;
• (ii) in the case where the dead fish are discarded, the average weight of bluefin tuna individuals established at the time of caging shall be applied to the number of bluefin tuna individuals discarded;

• (b) for fish otherwise considered as lost fish at the moment of the investigation referred to in Article 50, the average weight of bluefin tuna individuals established at the time of caging shall be applied to the number of bluefin tuna individuals considered as being lost fish, as determined by the competent authority of the flag or trap Member State resulting from its analysis of the first transfer video record in the context of that investigation.

D. Treatment of fish that die during caging operations

The fish that die during caging operations shall be reported by the operator of the farm on the caging declaration. The competent authority of the farm Member State shall ensure that the number and weight of the bluefin tuna individuals that die during caging operations is reported in the relevant subsection of section 6 (Farming information) of the eBCD.

E. Treatment of fish that die or are lost during farming activities

Dead or lost fish in farms or those that disappear from farms, including allegedly stolen or escaped fish, shall be reported by the operator of the farm to the competent authority of the farm Member State immediately after the dead or lost fish has been detected. The report of the operator of the farm shall be accompanied by the necessary supporting evidence (e.g. complaint filed about the stolen fish, damage report in case of damage to the cage). After receipt of such a report, the competent authority of the farm Member State shall apply the necessary changes or cancellation of the eBCD concerned (following the necessary developments in the eBCD system).

F. Reporting template

		Reporting of fish that die during further transfers and towing operations	Reporting of fish that die during further transfers and towing operations	Reporting of fish that die during further transfers and towing operations
Towing vessel	Name	Name
Towing vessel	ICCAT N° and flag	ICCAT N° and flag
Towing vessel	ITD N° and cage N°	ITD N° and cage N°
Towing vessel	Master’s name	Master’s name
Catching vessel(s)/trap	Name of vessel(s)/trap	Name of vessel(s)/trap
Catching vessel(s)/trap	ICCAT number and JFO N°	ICCAT number and JFO N°
Catching vessel(s)/trap	eBCDs number(s)	eBCDs number(s)
Previous towing vessel (if any)	Name	Name
Previous towing vessel (if any)	ICCAT N° and flag	ICCAT N° and flag
Previous towing vessel (if any)	ITD N° and cage N°	ITD N° and cage N°
Previous towing vessel (if any)	Total number of BFT reported dead [^E0016]	Total number of BFT reported dead [^E0016]
Farm of destination	CPC/Name/ICCAT N°	CPC/Name/ICCAT N°
Date	N° of dead BFT	N° of dead BFT	Destination of dead fish (discarded or landed)	Master’s signature
TOTAL

In case of further transfers, the master of the donor towing vessel shall deliver the original of the mortalities report to the master of the receiving towing vessel.

ANNEX XIV

ICCAT DECLARATION ON CAGING ([^E0017])

Vessel name	Flag	Registration Number Identifiable cage number	Date of catch	Place of catch Longitude Latitude	eBCD number	eBCD date	Date of caging	Quantity placed in cage (t)	Number of fish placed in cage for fattening	Size composition	Farming facility [^E0018]

Facility authorized to operate for fattening of Bluefin tuna caught in the Convention area.

ANNEX XV

MINIMUM STANDARDS FOR THE ESTABLISHMENT OF A VMS IN THE ICCAT CONVENTION AREA ([^E0019])

• 1.Notwithstanding any stricter requirements applicable in specific ICCAT fisheries, each flag Member State shall implement a VMS for all its fishing vessels equal or greater than 12 metres in length overall, and for all their towing vessels, irrespective of their length, authorised to fish in waters beyond jurisdiction of the flag Member State and shall:

• (a) require its fishing vessels to be equipped with an autonomous, tamper-evident system that continuously, automatically, and independent of any intervention by the vessel, transmits messages to the fishing monitoring centre (‘FMC’) of the flag Member State to track the position, course, and speed of a fishing vessel by the flag Member State of that vessel;

• (b) ensure that the satellite tracking device fitted on board the fishing vessel collects and transmits continuously to the FMC of the flag Member State the following data:
• — the vessel’s identification,
• — the geographical position of the vessel (longitude, latitude) with a margin of error lower than 500 metres, with a confidence interval of 99 %, and
• — the date and time;

• (c) ensure that the FMC of the flag Member State receives an automatic notification if communication between the FMC and the satellite tracking device is interrupted;

• (d) ensure, in cooperation with the coastal State, that the position messages transmitted by the vessels flying its flag while operating in waters under the jurisdiction of that coastal State are also transmitted automatically and in real time to the FMC of the coastal State thathas authorised the activity. In implementing this provision, due consideration shall be been given to minimising the operational costs, technical difficulties, and administrative burden associated with transmission of these messages; and

• (e) ensure that, in order to facilitate the transmission and receipt of position messages, as described in point (d), the FMC of the flag Member State or CPC, and the FMC of the coastal State shall exchange their contact information and notify each other without delay of any changes to this information. The FMC of the coastal State shall notify the flag Member State or CPC FMC of any interruption in the reception of consecutive position messages. The transmission of position messages between the FMC of the flag Member State or CPC, and that of the coastal State shall be carried out electronically using a secure communication system.

• 2.Each Member State shall take appropriate measures to ensure that the VMS messages are transmitted and received, as specified in paragraph 1, and use this information to continuously track the position of the vessels flying its flag.

• 3.Each Member State shall ensure that the masters of fishing vessels flying its flag ensure that the satellite tracking devices are permanently and continuously operational and that the information identified in paragraph 1, point (b), is collected and transmitted at least once every hour for purse seine vessels and at least once every two hours for all other vessels. In addition, Member States shall require that their vessel operators ensure that:

• (a) the satellite tracking device is not tampered with in any way;

• (b) VMS data are not altered in any way;

• (c) the antennae connected to the satellite tracking device is not obstructed in any way;

• (d) the satellite tracking device is hardwired into the fishing vessel and the power supply is not intentionally interrupted in any way; and

• (e) the satellite tracking device is not removed from the vessel except for the purposes of repair or replacement.

• 4.In the event of a technical failure or non-operation of the satellite tracking device fitted on board a fishing vessel, the device shall be repaired or replaced within one month from the time of the event, unless the vessel has been removed from the list of authorised large scale fishing vessels, where applicable, or for vessels not required to be included on ICCAT’s authorised vessel list, the authorisation to fish in areas beyond the jurisdiction of the flag CPC no longer applies. The vessel shall not be authorised to commence a fishing trip with a defective satellite tracking device. Furthermore, when a device stops functioning or has a technical failure during a fishing trip, the repair or the replacement shall take place as soon as the vessel enters a port; the fishing vessel shall not be authorised to commence a fishing trip without the satellite tracking device having been repaired or replaced.

• 5.Each Member State or CPC shall ensure that a fishing vessel with a defective satellite tracking device shall communicate to the FMC, at least daily, reports containing the information in point (b) of paragraph 1 by other means of communication (radio, web-based reporting, electronic mail, telefax or telex).

• 6.Member States or CPCs may allow a vessel to power down its satellite tracking device only if the vessel will not be fishing for an extended period of time (e.g. in dry dock for repairs), and it notifies the competent authorities of its flag Member State or CPC in advance. The satellite tracking device shall be re-activated, and collect and transmit at least one report, prior to the vessel leaving port.

ANNEX XVa

Procedure for sealing operations of transport cages

• 1.Prior to their deployment on a purse seine vessel, a trap, or a towing vessel, the entity operating the ICCAT regional observer programme shall provide a minimum of 25 ICCAT seals to each ICCAT regional observer under their responsibility and maintain a record of the seals provided and used

• 2.The donor operator shall be responsible for sealing the cages. For this purpose, a minimum of three seals, placed in such a way that they prevent the opening of the doors without breaking the seals, shall be put on each cage door.

• 3.The sealing operation shall be video recorded by the donor operator and shall allow the identification of the seals and the verification that the seals have been properly placed. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The video record concerned shall accompany the fish to the farm of destination. A copy of the video record shall be kept on board the donor vessels or on the traps and be accessible for control purposes at any time during the fishing campaign. A copy of the video record shall be made available to the ICCAT regional observer on board the purse seine vessel or on the trap, or to the national observer on the receiving towing vessel, for transmission to the competent authority of the Member State or CPC, or ICCAT regional observer present at the subsequent control transfer.

• 4.The video record of the subsequent control transfer shall include the unsealing operation, which shall be undertaken in such a way as to allow the identification of the seals and the verification that the seals have not been tampered with.

ANNEX XVb

Template for a processing declaration and harvesting declaration

Processing / Harvesting (please circle either)
Date of harvesting(d/m/y): / /
Farm / Trap (please circle either)
Cage number(s):
Number of individuals harvested:
Live weight in kg of the harvested bluefin tuna:
Processed weight in kg of the harvested bluefin tuna:
eBCD number(s) associated with the bluefin tuna harvested:
Details of auxiliary vessels involved in the operation: Name: Flag: ICCAT Registration No.:
Destination of the harvested tuna (export, local market, or other) (please circle) In case of other, please specify:
Verification and, where appropriate, signature by the ICCAT regional observer or CPC observer, as appropriate: Observer Name: ICCAT No.: Signature:

ANNEX XVI

CORRELATION TABLE BETWEEN REGULATION (EU) 2016/1627 AND THIS REGULATION

Regulation (EU) 2016/1627	This Regulation
Article 1	Article 1
Article 2	Article 1
Article 3	Article 5
Article 4	–
Article 5	Article 6
Article 6	Article 11
Article 7	Article 12
Article 8	Article 13
Article 9	Article 14
Article 10	Article 16
Article 11	Article 17 and Annex I
Article 12	Article 17 and Annex I
Article 13	Article 18
Article 14	Article 19
Article 15	Article 20
Article 16	Article 21
Article 17	Article 25
Article 18	Article 22
Article 19	Article 23
Article 20	Article 26
Article 21	Article 4
Article 22	Article 27
Article 23	Article 28
Article 24	Article 30
Article 25	Article 31
Article 26	Article 32
Article 27	Article 36
Article 28	Article 37
Article 29	Article 29
Article 30	Article 33
Article 31	Article 34
Article 32	Article 35
Article 33	Article 40
Article 34	Article 41
Article 35	Article 43
Article 36	Article 44
Article 37	Article 51
Article 38	Article 42
Article 39	Article 45
Article 40	Article 46
Article 41	Article 46
Article 42	Article 47
Article 43	Article 48
Article 44	Article 49
Article 45	Article 50
Article 46	Article 51
Article 47	Article 55
Article 48	Article 56
Article 49	Article 57
Article 50	Article 38
Article 51	Article 39
Article 52	Article 58
Article 53	Article 15
Article 54	Article 59
Article 55	Article 60
Article 56	Article 62
Article 57	Article 63
Article 58	Article 64
Article 59	Article 68
Article 60	Article 70
Article 61	Article 71
Annex I	Annex I
Annex II	Annex II
Annex III	Annex V
Annex IV	Annex VI
Annex V	Annex III
Annex VI	Annex IV
Annex VII	Annex VIII
Annex VIII	Annex IX
Annex IX	Annex X
Annex X	Annex XI
Annex XI	Annex XII
Annex XII	Annex XIII

[^E0001]: Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

[^E0002]: Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).

[^E0003]: For 2025, Council Regulation (EU) 2025/202 of 30 January 2025 fixing for 2025 and 2026 the fishing opportunities for certain fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2023/194 (OJ L, 2025/202, 31.1.2025, ELI: http://data.europa.eu/eli/reg/2025/202/oj).

[^E0004]: Commission Implementing Regulation (EU) 2017/218 of 6 February 2017 on the Union fishing fleet register (OJ L 34, 9.2.2017, p. 9).

[^E0005]: Regulation (EU) 2023/2833 of the European Parliament and of the Council of 13 December 2023 establishing a catch documentation programme for bluefin tuna (Thunnus thynnus) and repealing Regulation (EU) No 640/2010 (OJ L, 2023/2833, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2833/oj).

[^E0006]: Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).

[^E0007]: Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).

[^E0008]: This is in Implementing Regulation (EU) No 404/2011.

[^E0017]: This is the Declaration on caging laid down in ICCAT Recommendation 06-07.

[^E0019]: This is in the ICCAT Recommendation Concerning Minimum Standards for Vessel Monitoring Systems in the ICCAT Convention Area 18-10.