Restrictions on the number of Union large-scale catching vessels targeting bigeye tuna
The number and total capacity in gross tonnage (GT) of Union large-scale catching vessels targeting bigeye tuna in the ICCAT Convention area shall be determined:
(a)
as the average number and the capacity in GT of Union catching vessels targeting bigeye tuna in the ICCAT Convention area during the period 1991 to 1992; and
(b)
on the basis of the restriction on the number of Union catching vessels targeting bigeye tuna in 2005 as notified to ICCAT on 30 June 2005.
Specific authorisations for large-scale tropical tuna catching vessels and for support vessels
1. Member States shall issue authorisations, in accordance with the provisions laid down in a Regulation of the European Parliament and of the Council on the sustainable management of external fishing fleets ( 18 ) , to large-scale catching vessels flying their flag to fish tropical tunas in the ICCAT Convention area.
2. Member States shall issue authorisations to support vessels flying their flag used for any kind of support to vessels referred to in paragraph 1.
ICCAT record of authorised tropical tuna vessels
1. Member States shall notify the Commission, without delay and at the latest within 30 days, of any event requiring an addition to, deletion from or modification of the ICCAT record of authorised tropical tuna vessels. The Commission shall, without delay and at the latest within 45 days from the date of such event, submit that information to the ICCAT Secretariat.
2. Large-scale fishing vessels not entered into the ICCAT record of authorised tropical tuna vessels shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land tropical tunas from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.
List of vessels fishing tropical tunas in a given year
Member States shall, by 30 June of each year, submit to the Commission the list of authorised vessels flying their flag which have fished for tropical tunas in the ICCAT Convention area in the previous calendar year. The Commission shall, by 31 July of each year, notify ICCAT of the lists received from the Member States.
Management plans in respect of fish-aggregating devices
1. In respect of purse seine and baitboat catching vessels fishing for tropical tunas in association with fish-aggregating devices (FADs), Member States shall, by 31 December of each year, submit to the Commission management plans for the use of such FADs by vessels flying their flag. The Commission shall forward that information to the ICCAT Secretariat by 31 January of the following year.
2. The objective of the management plans referred to in paragraph 1 shall be to:
(a)
improve the knowledge about FAD characteristics, buoy characteristics, FAD fishing, including fishing effort, and related impacts on targeted and non-targeted species;
(b)
effectively manage the deployment and recovery of FADs and beacons and their potential loss;
(c)
reduce and limit the impacts of FADs and FAD fishing on the ecosystem, including, where appropriate, by acting on the different components of the fishing mortality (e.g. number of deployed FADs, including number of FAD sets by purse seiners, fishing capacity, number of support vessels).
3. The management plans referred to in paragraph 1 shall contain the information set out in Annex II.
4. Member States shall ensure that no more than 500 instrumental buoys are active at any one time for each purse seiner flying their flag and fishing for tropical tunas in association with FADs.
Requirements for FADs
1. FADs shall comply with the following requirements:
(a)
the surface structure of the FAD shall be either not covered by any material or covered only with material implying minimum risk of entangling non-targeted species; and
(b)
the sub-surface components shall be exclusively composed of material which does not entangle non-targeted species.
2. When designing FADs, biodegradable materials shall, if possible, be prioritised with a view to phasing out non-biodegradable FADs by 2018.
3. Member States shall report to the Commission, as part of the annual report referred to in Article 71, on the steps undertaken to ensure compliance with paragraphs 1 and 2 of this Article. The Commission shall forward that information to the ICCAT Secretariat.
Information on FADs submitted by vessels
1. For each deployment of a FAD, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information and data:
(a)
position of the FAD;
(b)
date of deployment of the FAD;
(c)
FAD type (anchored FAD, drifting artificial FAD);
(d)
FAD identifier (i.e. FAD marking or beacon ID, type of buoy — e.g. simple buoy or associated with echo sounder), or any information allowing identification of the owner;
(e)
FAD design characteristics (dimension and material of the floating part and of the underwater hanging structure, and the entangling feature of the underwater hanging structure).
2. For each visit on a FAD, whether followed or not by a set, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information:
(a)
type of visit (hauling, retrieving, intervention on electronic equipment);
(b)
position of the FAD;
(c)
date of visit;
(d)
FAD type (anchored FAD, drifting natural FAD, drifting artificial FAD);
(e)
FAD identifier (i.e. FAD marking or beacon ID) or any information allowing identification of the owner;
(f)
if the visit is followed by a set, the results of the set in terms of catch and by-catch, whether retained or discarded, dead or alive, or, if the visit is not followed by a set, the reason for such decision (for instance not enough fish or fish too small).
3. For each loss of a FAD, Union purse seine and baitboat catching vessels and Union support vessels shall collect and report the following information:
(a)
the last registered position;
(b)
date of the last registered position;
(c)
FAD identifier (i.e. FAD marking or beacon ID), or any information allowing identification of the owner.
4. Union fishing vessels shall keep a list of deployed FADs, updated on a quarterly basis, containing at least the information set out in Annex III.
Information on FADs submitted by Member States
Member States shall submit every year to the Commission, 15 days prior to the deadline established by ICCAT for the given year, the following information, in order to make it available to the ICCAT Secretariat:
(a)
the number of FADs actually deployed, on a quarterly basis, by FAD type, indicating the presence or absence of a beacon/buoy or of an echo sounder associated to the FAD;
(b)
the number and type of beacons/buoys (e.g. radio, with echo sounder) actually deployed, on a quarterly basis;
(c)
the average numbers of active beacons/buoys, on a quarterly basis, that have been followed by each vessel;
(d)
average numbers of active FADs lost, on a quarterly basis;
(e)
for each support vessel, the number of days spent at sea, per 1° grid area, month and flag Member State.
Logbooks
Member States shall ensure that:
(a)
paper and electronic fishing logbooks, as well as FAD logbooks, where applicable, are promptly collected and made available to Union scientists;
(b)
the Task II data transmitted to the Commission pursuant to Article 50 include the information collected from the fishing or FAD logbooks, where applicable.
Time and area closure in relation with the protection of juveniles
1. Targeting for, or supporting activities to target tropical tunas in association with objects that could affect fish aggregation, including FADs, shall be prohibited:
(a)
from 1 January to 28 February each year; and
(b)
in the area delineated as follows:
—
Northern limit — Parallel 5° North latitude,
—
Southern limit — Parallel 4° South latitude,
—
Western limit — Meridian 20° West longitude,
—
Eastern limit — the African coast.
2. The prohibition referred to in paragraph 1 shall include:
(a)
launching any floating objects, with or without buoys;
(b)
fishing around, under, or in association with artificial objects, including vessels;
(c)
fishing around, under, or in association with natural objects;
(d)
towing floating objects from inside to outside the area.
3. Each Member State whose vessels fish in the geographical area of the time and area closure shall:
(a)
take appropriate action to ensure that all vessels flying its flag, including support vessels, when engaged in fishing activities during the time and area closure referred to in paragraph 1 of this Article, have an observer on board. The observer programme shall comply with Annex IV to this Regulation, without prejudice to Article 73 of Regulation (EC) No 1224/2009;
(b)
submit the information collected by the observers referred to in point (a) every year by 30 June to the Commission who shall notify ICCAT by 31 July;
(c)
take appropriate action against fishing vessels flying its flag that do not comply with the time and area closure referred to in paragraph 1;
(d)
submit a report on the compliance with the time and area closure to the Commission as part of its annual report referred to in Article 71.
Fishing for tropical tunas in certain Portuguese waters
It shall be prohibited to retain on board any quantity of tropical tunas caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES subarea X north of 36°30′ N or in CECAF areas north of 31° N and east of 17°30′ W, or to target such species in those areas with those gear. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.
Identification of IUU fishing
If the ICCAT Executive Secretary notifies the Commission of a possible violation by Union fishing vessels of Article 7(2) and Article 14(1) and (2), the Commission shall without delay inform the flag Member State concerned. That Member State shall immediately investigate the situation and, if the vessel is fishing in association with objects that could affect fish aggregation, including FADs, shall request the vessel to stop fishing and, if necessary, leave the area without delay. The flag Member State concerned shall without delay report to the Commission the results of its investigation and the corresponding measures taken. The Commission shall forward that information to the coastal State and to the ICCAT Executive Secretary.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
