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Regulation (EU) 2017/2107 CHAPTER VI — Seabirds

Article 38–Article 40 · 3 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Mitigation measures for seabirds in the area between 20° South and 25° South

Article 38

1.   All vessels fishing between 20° and 25° South shall carry and use bird-scaring lines (tori lines) and tori poles that meet the requirements and supplemental guidelines set out in Annex V. 2.   Tori lines shall be deployed prior to longlines entering the water, at all times. 3.   Where practical, a second tori pole and tori line shall be used at times of high bird abundance or activity. 4.   Back-up tori lines shall be carried by all vessels and be ready for immediate use. 5.   Longline vessels targeting swordfish by using monofilament longline gear shall be exempted from the requirements of paragraphs 1, 2 and 3, subject to the following conditions: (a) longlines are set during the night, with night being defined as the period between nautical dusk/dawn as referenced in the nautical dusk/dawn almanac for the geographical position of fishing; and (b) minimum swivel weight of 60 g placed not more than 3 metres from the hook is used to achieve optimum sink rates. The flag Member States of the vessels subject to the exemption referred to in the first subparagraph shall inform the Commission of their scientific findings resulting from their observer coverage of those vessels.

Mitigation measures for seabirds in the area south of 25° South

Article 39

Longline vessels shall use at least two of the following mitigation measures in accordance with the requirements and supplemental guidelines set out in Annex V: (a) night setting with minimum deck lighting; (b) bird-scaring lines (tori lines); (c) line weighting.

Reporting obligations for seabirds

Article 40

1.   Longline vessels shall collect and provide to their flag Member State information on interactions with seabirds, including incidental catches. Member States shall submit that information to the Commission by 30 June of each year. The Commission shall forward that information to the ICCAT Secretariat without delay. 2.   Member States shall inform the Commission on the implementation of the measures laid down in Articles 38 and 39 and on the progress of the implementation of the Union action plan for reducing incidental catches of seabirds in fishing gear.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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