ANNEX
‘ANNEX I
BENCHMARKS
The benchmarks set out in this Annex shall be implemented so as to ensure in particular:
(a)
the full monitoring of caging operations taking place in the EU waters;
(b)
the full monitoring of transfer operations;
(c)
the full monitoring of joint fishing operations;
(d)
the control of all documents required by the legislation applicable to bluefin tuna, in particular verifying the reliability of the information recorded.
Place of inspection
Benchmark
Caging activities (including harvest)
All caging operation into a farm must have been authorised by the flag Member State of the catching vessel within 48 hours following the submission of the information required for the caging operation;
The CPC under whose jurisdiction the farm for bluefin tuna is located shall take the necessary measures to prohibit placing in cages for farming or fattening bluefin tuna that are not accompanied by the documents required by ICCAT as confirmed and validated by the catching vessel or trap Flag State authorities ( *1 ) (as provided for by point 86 of ICCAT Recommendation 12-03);
All caging and harvesting operations shall be inspected, by the competent authorities of the farm Member State in accordance with the relevant control obligations laid down ICCAT Recommendation 06-07 and 12-03;
Fish shall be caged before 15 August unless valid reason as per Recommendation. 12-03 (as provided for by paragraph 85).
Inspection at sea
Benchmark, to be set after a detailed analysis of the fishing activity in each area;
Benchmarks at sea shall refer to the number of patrol days at sea in the bluefin tuna recovery specific area and shall refer as well to the number of patrol days identifying the fishing season and the type of fishing activity targeted.
Transfer operation
Any transfer operations must have been authorised previously by the flag States on the basis of a prior transfer notification (as provided for by point 77 of ICCAT Recommendation 12-03);
An authorisation number shall be assigned to each transfer operation (as provided for by point 78 of ICCAT Recommendation 12-03);
A transfer shall be authorised within 48 hours following the submission of the prior transfer notification (as provided for by point 78 of ICCAT Recommendation 12-03);
An ICCAT transfer declaration shall be sent to the flag State at the end of the transfer operation (as provided for by point 79 of ICCAT Recommendation 12-03);
All transfer operations must be monitored by video camera in the water (as provided for by point 81 and Annex 9 to ICCAT Recommendation 12-03).
Transhipments
All concerned vessels shall be inspected on arrival before the transhipment operations start, as well as before departure after the transhipment operations. Random checks shall be made in non-designated ports;
A transhipment declaration shall be transmitted to the Flag States no later than 48 hours after the date of transhipment in port (as provided for by point 66 of ICCAT Recommendation 12-03).
Joint fishing operation
All joint fishing operations must have been authorised previously by the flag States;
Member States shall then establish and maintain a record of all joint fishing operations authorised by them.
Aerial surveillance
Flexible benchmark, to be set after a detailed analysis of the fishing activity conducted in each area and taking into consideration the available resources at the Member State’s disposal.
Landings
All vessels entering a designated port for the purpose of landing bluefin tuna shall be controlled and a percentage shall be inspected based on a risk assessment system, involving quota, fleet size and fishing effort;
Random checks shall be made in non-designated ports;
The relevant authority shall send a record of the landings to the flag State authority of the fishing vessel within 48 hours after the landing has ended (as provided for by point 70 of ICCAT Recommendation 12-03).
Marketing
Flexible benchmark, to be set after a detailed analysis of the marketing activity conducted.
Sport and Recreational Fisheries
Flexible benchmark, to be set after a detailed analysis of the sport and recreational fisheries activities conducted.
Traps
100 % of harvesting and transfer operations shall be inspected.
‘ANNEX II
PROCEDURES TO BE FOLLOWED BY OFFICIALS
1. Inspection tasks
1.1. General inspection tasks
An inspection report shall be drawn up for each control and inspection, in the appropriate format as established in point 2 of this Annex. Officials shall in any case verify and note in their report the following information:
(1)
the details of the identity of the responsible persons, as well as those of the vessel, farm, trap, personnel etc. involved in the activities inspected;
(2)
the authorisations, licences and fishing authorisation;
(3)
relevant vessel documentation such as the logbooks, transfer and transhipment declarations, ICCAT bluefin tuna catch documents, re-export certificates and other documentation examined for the purpose of the control and inspection as provided for by ICCAT Recommendation 12-03;
(4)
detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported, farmed, processed or traded in the context of compliance with the provisions of the recovery plan;
(5)
the by-catch percentage of bluefin tuna retained on board vessels not fishing actively for bluefin tuna.
The information referred to all relevant findings from the inspection done at sea, by aerial surveillance, in ports, traps, farms or in any other enterprise concerned shall be noted in the inspection reports. In case of an inspection in the framework of the ICCAT Scheme of Joint International Inspection, the inspection party should register the inspections undertaken and any infringements detected in the vessel log.
Those findings shall be compared with the information made available to the officials by other competent authorities, including Vessel Monitoring System (VMS) information, lists of authorised vessels, observer’s reports, video records and all documents related to fishing activities.
1.2. Inspection tasks for aerial surveillance
Officials shall report on surveillance data for cross-checking purposes, and in particular verify sightings of fishing vessels against VMS and authorised lists.
Officials shall sight and report on Illegal Unidentified and Unreported (IUU) fishing activities, and on the use of spotting aircrafts or helicopters.
Particular attention shall be devoted to closure areas, fishing season’s periods as defined in point 21 to 26 of ICCAT Recommendation 12-03, and to the activities of fleets for which derogations apply.
1.3. Inspection tasks at sea
1.3.1. General inspection tasks
Where dead fish are onboard a catching vessel or present onboard any other vessel, officials shall always verify if the fish is legally retained on board. Officials shall verify the quantities of all fish species retained on board in order to ensure compliance with ICCAT by-catch and minimum size rules.
Where live fish are being transferred, officials shall seek to identify the means used by the parties involved to estimate the quantities, expressed in numbers ( 1 ) of live bluefin tuna transferred. Where video footage is available, officials shall gain access to, verify the quantities transferred as observed by the video footage and verify that the video footage respects the minimum standards for video recording procedures as defined in Annex 9 to ICCAT Recommendation 12-03.
Officials shall systematically verify during all inspections:
(1)
that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);
(2)
compliance with the vessel documentation requirements;
(3)
that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;
(4)
fishing vessels are not operating inside close areas and are respecting the closure of fishing seasons;
(5)
respect of quotas and by-catch limitations;
(6)
the size composition of catches on board;
(7)
the physical quantities of catches on board, and their presentation;
(8)
the fishing gear on board;
(9)
the presence of an observer where it is relevant.
Officials shall sight and report on IUU fishing activities, and on the use of spotting aircrafts or helicopters.
1.3.2. Inspection tasks at transfer operations
Officials shall systematically verify:
(1)
compliance with the requirements regarding the prior transfer notification (where possible);
(2)
that the flag State has assigned and communicated to the master of the fishing vessel, or trap or farm as appropriate, an authorisation number for each transfer operation within 48 hours following the submission of the prior transfer notification;
(3)
compliance with the ICCAT transfer declaration requirements;
(4)
if the transfer declaration has been signed by the ICCAT regional observer on board and transmitted to the master of the towing vessel;
(5)
Compliance with the video recording requirements as defined in Annex 9 to ICCAT Recommendation 12-03.
1.3.3. Inspection tasks at joint fishing operations
Officials shall systematically verify:
(1)
compliance with the joint fishing operations’ requirements regarding the information to be reported in the fishing logbook including allocation key;
(2)
that a joint fishing operation authorisation has been delivered to the fishing vessels by their flag States authorities using the model set out in Annex V to Regulation (EC) No 302/2009;
(3)
the presence of an ICCAT regional observer during the joint fishing operation.
1.4. Inspection tasks at landing
Officials shall systematically verify for those landings inspected in accordance with the provisions laid down in Recommendation 12-03:
(1)
that fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists, if relevant);
(2)
that the pre-notification of arrival for landing was received in due time by the competent authorities;
(3)
that a record of the landing is sent to the flag State authority of the fishing vessel, within 48 hours after the landing has ended;
(4)
that an accurate landing declaration is sent by the master of the catching vessel within 48 hours after the landing has ended to his/her flag state authorities and port state authorities where applicable;
(5)
that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;
(6)
compliance with the vessel documentation requirements;
(7)
the physical quantities of bluefin tuna on board, and presentation;
(8)
the total catch composition on board in order to verify the respect of by-catch rules and, in the case of longliners, the implementation of relevant management measures;
(9)
the size composition of catches of bluefin tuna on board in order to verify the minimum size rules);
(10)
the fishing gears on board;
(11)
in the case of landing of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna;
(12)
that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels and/or traps in the eastern Atlantic and the Mediterranean, is correctly marked or labelled;
(13)
that the bluefin tuna landed by the bait boats, long liners, hand liners or trolling boats in the eastern Atlantic and the Mediterranean is correctly tail tagged where applicable.
1.5. Inspection tasks during transhipment
Officials shall systematically verify:
(1)
that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);
(2)
that the pre-notification of arrival in port was sent and contained the correct information concerning the transhipment;
(3)
that transhipping fishing vessels wishing to tranship have received prior authorisation from their flag State;
(4)
that the quantities pre-notified to be transhipped are verified;
(5)
that a transhipment declaration has been transmitted to the Port State States no later than 48 hours after the date of transhipment in port;
(6)
that the relevant documentation is on board is present and duly completed, including the transhipment declaration, the relevant and ICCAT bluefin tuna catch document and re-export certificate;
(7)
in the case of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna.
1.6. Inspection tasks on farm installations
Officials shall systematically verify:
(1)
that the relevant documentation is present and duly completed and reported (bluefin tuna catch document and re-export certificate, transfer and caging declarations, transhipment declaration);
(2)
that the caging operation has been previously authorised by the catching vessel flag State authorities;
(3)
that an ICCAT regional observer was present during all transfer, caging and harvesting of bluefin tuna, and has validated the caging declarations;
(4)
that all the transfer and caging activities in the farm have been monitored by video camera in the water, and that the video record is made available for the inspectors and complies with the video recording requirements as defined in Annex 9 to ICCAT Recommendation 12-03.
(5)
that all caging activities have been subject to a programme using stereoscopical cameras or techniques that provide the equivalent precision in order to refine the number and weight of fish being caged;
(6)
that the farming State will not accept caging of bluefin tuna where the quantity by number and/or weight above that authorised to be caged by the flag State.
1.7. Inspection tasks concerning transports and marketing
Officials shall systematically verify:
(1)
as regards transport, in particular the relevant accompanying documents and check them against the physical quantities transported;
(2)
as regards marketing, that the relevant documentation is present and duly completed, including the relevant bluefin tuna catch document and re-export certificate.
2. Inspection reports
(1)
For the inspections undertaken in the framework of the ICCAT Scheme of Joint International Inspection, officials shall use the template of the Appendix to this Annex.
(2)
For the other inspections, officials shall use the inspection reports as per Article 76 of Regulation (EC) No 1224/2009. Inspection reports shall include the relevant information contained in the appropriate inspection module established in Annex XXVII as required in Article 115 of Commission Implementing Regulation (EU) No 404/2011 ( 2 ) .
‘Appendix
ICCAT REPORT OF INSPECTION No …
Text of image
1. Inspector(s)
1.1. Name …
1.2. Nationality …
1.3. Contracting Parties …
1.4. ICCAT identity card number …
2. Inspector’s witness
3. Name …
4. Nationality …
5. Contracting Parties …
6. ICCAT identity card number …
7. Vessel carrying the inspector
7.1. Name and registration …
7.2. Flag …
8. Vessel inspected
8.1. Name and registration …
8.2. Flag …
8.3. Captain (Name and address) …
8.4. Ship owner (Name and address) …
8.5. ICCAT Record number …
8.6. Type of vessel …
9. Position
9.1. As determined by the inspector: …
Lat. …
Long. …
9.2. As determined by the captain of the fishing vessel: …
Lat. …
Long. …
9.3. Time (GMT) when position was recorded: …
10. Date (dd/mm/yyyy) …
11. Time
11.1. On arrival on board …
11.2. Of departure from the vessel …
12. Fishing gear on board
Purse seine
Trolling lines
Long line
Pole & Line (Baitboat)
Other (specify) …
Number of cages …
Towing cage(s)
Yes
No
13. Statement of photographs taken with description of subjects:
14. List of documents inspected and comments:
14.1. Log book
Yes
No
Infringement
Yes
No
14.2. BCD
Yes
No
Infringement
Yes
No
14.3. Transfer/transhipment
Declaration
Yes
No
Infringement
Yes
No
14.4. Other (specify) …
15. Results of the inspection of the fish on board:
15.1. Species observed on board
SPECIES
TOTAL CATCH (kg)
INFORMATION SOURCE
PRODUCT TYPE
SAMPLE INSPECTED
% UNDER MIN SIZE
Text of image
15.2. 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) …
16. 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)
17. Inspector’s comments (if necessary use a complementary sheet specifying: “attachment to ICCAT report number xxx”)
18. Inspector’s signature …
Witness’ signature …
19. Observer’s name, comments and signature
20. Captain’s comments and signature
SERIOUS VIOLATIONS OBSERVED
Text of image
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 intentionally 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;
such other violations as may be determined by the ICCAT, once these are included and circulated in a revised version of these procedures;
assault, resistance, intimidation, sexual harassment, interference with, or undue obstruction or delay of an authorised inspector or observer;
intentional tampering with or disabling the vessel monitoring system;
fishing with assistance of spotter planes;
interference with the satellite monitoring system and/or operates without VMS system;
transfer activity without transfer declaration;
transhipment at sea;
Inspector’s signature …
Witness’ signature …
Date …
‘ANNEX III
CONTENTS OF NATIONAL CONTROL ACTION PROGRAMMES AS REFERRED TO IN ARTICLE 12
National control action programmes shall specify the following:
1. Means of control
(a) Human means
The numbers of shore-based and seagoing officials, and the periods and zones where these are available to be deployed.
(b) Technical means
The numbers of patrol vessels and aircrafts, and the periods and zones where these are available to be deployed.
(c) Financial means
The budgetary allocation for deployment of human resources, patrol vessels and aircrafts.
2. Designation of ports
The list of the designated ports and designated hours required under ICCAT Recommendation 12-03.
3. Inspection protocols
Detailed protocols explaining the methodology for all inspection activities.
Member States shall also ensure that the following points are included in their control action programmes.
1. Catches:
(a)
Quantity (biomass estimation) and precise number of specimens;
(b)
Verification that the quantities caught respect the quota allocation;
(c)
Verification of minimum size requirements, with a tolerance of % in numbers.
2. Transfer:
(a)
Prior authorisation for transfers into towing cage and farming cage;
(b)
Accurate quantity (in weight) and number of fish transferred into towing cage;
(c)
Mortality during towing operation and destination of dead fish.
3. Farm:
(a)
Confirmation of legitimacy of catch as well as pre-authorisation by flag Member State;
(b)
Accurate quantity (in weight) and number of fish transferred into fattening cages;
(c)
The use of Sampling/tagging programme to estimate weight gain.
4. Harvest and export:
(a)
Accurate quantity (in weight) and number of fish harvested;
(b)
Coverage by ICCAT Regional Observer Programme;
(c)
Accurate quantity by product type (clearly indicating the conversion factors).
4. Guidelines
Explanatory guidelines for officials, producers’ organisations and fishermen.
5. Communication protocols
Protocols for communication with the competent authorities designated by other Member States as being responsible for the specific control and inspection programme for bluefin tuna.
‘ANNEX IV
MONTHLY STATE OF PLAY OF THE BLUEFIN TUNA NATIONAL CONTROL ACTION PROGRAMME
SECTION A
Number of inspections related to the national control action programme
Member State: … Year: … Month:
On Member State vessels and operators
On vessels and operators from other Member States or countries
Reporting by:
Number of inspections and infringements within JDP
Number of inspections and infringements outside JDP
Number of inspections and infringements within JDP
Number of inspections and infringements outside JDP
VESSELS, FARMS AND TRAPS WHICH ARE AUTHORISED IN BLUEFIN TUNA FISHERY
At sea
Ashore
Infringements ( *2 )
At sea
Ashore
Infringements ( *2 )
At sea
Ashore
Infringements ( *2 )
At sea
Ashore
Infringements ( *2 )
Purse seiners
Longliners
Other line vessels
Bait boats
Trawlers
Towing, support, auxiliary and processing vessels
Traps
Farms
VESSELS NOT AUTHORISED IN BLUEFIN TUNA FISHERY AND OTHER OPERATORS
Fishing vessels (in the Community fleet register)
Sport and recreational vessels
Other vessels
Trucks and transport inspections
First sale inspections
Retail inspections
Restaurant inspections
Other inspection (describe)
OBSERVATIONS
SECTION B
Detailed information of the infringements
( *2 )
ID
Date
Type of control
Area
Inspection report No
Flag
ICCAT No (or CFR or external marking)
Name
Gear or type
Description
Legal references
Serious violation?
Amount of bluefin tuna related to the infringement N kg
Actions taken
Next action or justification for no action
Expected length of investigation
Details of the final judgement
Case closed?
Comments
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
KEY (for Section B)
No
FIELD
DESCRIPTION
1
ID
Unique ID number for each infringement
2
Date
Date inspection activity took place
3
Type of control
S-sea P-port F-farm T-trap O-other
4
Area
For “S” indicate coordinates. For “P,F,T or O” indicate area or port or municipality name.
5
Inspection report No
Number of ICCAT inspection report (or national)
6
Flag
Flag of inspected vessel/operator
7
ICCAT No (or CFR or external marking)
ICCAT number or Union Fleet Register number or if neither exist, external marking of inspected vessel/operator
8
Name
Name of the inspected vessel/operator
9
Gear or type
Main gear used by vessel/operator at time of inspection or “farm”, “trap”, “first buyer”, “retail”, “restaurant”, “transport”, “sport/rec”, “other” (describe)
10
Description
Description of the infringement
11
Legal references
Indicate legal reference(s) (EU legislation and/or ICCAT Recommendation)
12
Serious violation?
Indicate if a serious violation Y/N
13
N
Amount of bluefin tuna related to the infringement
14
kg
Amount of bluefin tuna related to the infringement
15
Actions taken
Description of all actions done after the inspection or “none” if no action
16
Next action or justification for no action
Next planned action if any. Justification in case no action was taken.
17
Expected length of investigation
Expected length of investigation and/or process
18
Details of the final judgement
Fine, penalty, seize… (indicate also quantities)
19
Case closed?
Y if the case is closed, otherwise N
20
Comments
General comments
’
( *1 ) Modification requested by Malta by mail 12 June 2013.
( 1 ) Modification requested by Spain.
( 2 )
OJ L 112, 30.4.2011, p. 1 .
( *2 ) Infringements against measures laid down in this decision and relevant to EU and ICCAT provisions related to bluefin tuna.
