Decision 2009/296/EC is amended as follows:
1.
Article 8 is amended as follows:
(a)
Paragraph 1 is replaced by the following:
‘1. Member States whose inspectors discover any infringement, while carrying out an inspection of the activities listed in Article 2, shall inform the following Parties of the date of inspection and the details of the infringement:
(a)
the relevant flag Member State and the Commission, and where appropriate;
(b)
the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products is established.’
(b)
Paragraph 3 is replaced by the following:
‘3. Member States whose inspectors observe an activity or condition that may constitute a serious infringement, as defined in Section I(1) of Annex VI to Council Regulation (EC) No 302/2009 ( *1 ) , shall immediately notify the Commission who will then notify directly the authorities of the flag State fishing vessel, as well as the ICCAT Secretariat.
( *1 )
OJ L 96, 15.4.2009, p. 1 .’
"
(c)
In paragraph 4, the first sentence is replaced by the following:
‘In case a serious infringement, as defined in Section I(1) of Annex VI to Regulation (EC) No 302/2009, is discovered onboard a Community fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities.’
(d)
Paragraph 5 is replaced by the following:
‘5. Member States shall cooperate to ensure that, if prosecution of an infringement is transferred to the Member State of registration in accordance with Article 86 of Council Regulation (EC) No 1224/2009 ( *2 ) , the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.
( *2 )
ОJ L 343, 22.12.2009, p. 1
’."
2.
Annex I is amended as follows:
(a)
The Section entitled ‘Inspection tasks’ is amended as follows:
(i)
Point 1.6(e) is replaced by the following:
‘(e)
that the master of the catching and the tug vessels has ensured a monitoring of all the transfer activities by video camera in the water.’
(ii)
Point 1.10(a) is replaced by the following:
‘(a)
that the relevant documentation is present and duly completed and reported (bluefin tuna catch document and re-export certificate, transfer declaration, caging declaration, transhipment declaration);’
(b)
The Section entitled ‘Report of inspections’ is replaced by the text in the Annex to this Decision.
This Decision is addressed to the Member States.
ANNEXSupplementary provisions
ANNEX
ICCAT INSPECTION REPORTS
Report of Inspection No …
Text of image
1.
Inspector(s)
Inspector’s witness
1.1.
Name …
Name …
1.2.
Nationality …
Nationality …
1.3.
Contracting Parties …
Contracting Parties …
1.4.
ICCAT Identity Card number …
ICCAT Identity Card number …
2.
Vessel carrying the Inspector
2.1.
Name and Registration …
2.2.
Flag …
3.
Vessel inspected
3.1.
Name and Registration …
3.2.
Flag …
3.3.
Captain (Name and address) …
3.4.
Ship owner (Name and address) …
3.5.
ICCAT Record number …
3.6.
Type of vessel …
4.
Position
4.1.
As determined by the inspector: …
Lat. …
Long. …
4.2.
As determined by the captain of the fishing vessel: …
Lat. …
Long. …
4.3.
Time (GMT) when position was recorded: …
5.
Date (dd/mm/yyyy) …
6.
Time
6.1.
On arrival on board …
6.2.
Of departure from the vessel …
7.
Fishing gear on board
Purse seine
Pole & Line (Bait boat)
Long line
Trolling lines
Other (specify): …
Number of cages: …
Towing cage(s)
Yes
No
8.
Statement of photographs taken with description of subjects: …
9.
List of documents inspected and comments:
9.1.
Log book
Yes
No
Infringement
Yes
No
9.2.
BCD
Yes
No
Infringement
Yes
No
9.3.
Transfer/transhipment declaration
Yes
No
Infringement
Yes
No
9.4.
Other (specify): …
Text of image
10.
Results of the inspection of the fish on board:
10.1.
Species observed on board
Species
Total catch (kg)
Information source
Product type
Sample inspected
% Under minimum size
10.2.
Species declared to be in the cage/s
Transfer document No …
Date of first transfer …
Farm of Destination …
Catching vessel name …
ICCAT No …
Cage No …
Specie …
Individuals No …
Weight (kg) …
11.
Infringements of ICCAT conservation and management measures observed (description of infringement with mention of legal reference, and if serious violation(s) have been detected, please complete the attached sheet) …
12.
Inspector’s comments (if necessary use a complementary sheet specifying: ‘attachment to ICCAT report number xxx’) …
13.
Inspector’s signature …
Witness’ signature …
14.
Observer’s name, comments and signature …
15.
Captain’s comments and signature …
Serious Violations Observed
Vessel name: …
Vessel flag: …
ICCAT number: …
fishing without a license, permit or authorisation issued by the flag CPC;
failure to maintain sufficient records of catch and catch-related data in accordance with the Commission’s reporting requirements or significant misreporting of such catch and/or catch-related data;
fishing in a closed area;
fishing during a closed season;
intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by the ICCAT;
significant violation of catch limits or quotas in force pursuant to the ICCAT rules;
use of prohibited fishing gear;
falsification or intentional concealment of the markings, identity or registration of a fishing vessel;
concealment, tampering with or disposal of evidence relating to investigation of a violation;
multiple violations which taken together constitute a serious disregard of measures in force pursuant to the ICCAT;
assault, resistance, intimidation, sexual harassment, interference with, or undue obstruction or delay of an authorised inspector or observer;
intentionally tampering with or disabling the vessel monitoring system;
fishing with assistance of spotter planes;
interference with the satellite monitoring system and/or operating without VMS system;
transfer activity without transfer declaration;
other (specify).
Inspector’s signature …
Witness’ signature …
Date …
