Subject matter
Article 1
This Regulation implements into Union law management, conservation and control measures established by the Indian Ocean Tuna Commission (IOTC) that are binding on the Union.
Regulation (EU) 2022/2343 CHAPTER I — GENERAL PROVISIONS
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Scope
Article 2
This Regulation shall apply to: (a) Union fishing vessels which operate in the Area; (b) Union fishing vessels in the case of transhipments and landings of IOTC species outside the Area; and (c) third-country fishing vessels making use of ports in Member States and which carry IOTC species or fishery products originating from such species.
Definitions
Article 3
For the purposes of this Regulation, the following definitions apply: (1) ‘the Agreement’ means the Agreement for the establishment of the Indian Ocean Tuna Commission; (2) ‘the Area’ means those parts of the Indian Ocean as defined in Article II of and Annex A to the Agreement; (3) ‘Union fishing vessel’ means any vessel of any size flying the flag of a Member State, equipped for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels; (4) ‘IOTC species’ means tuna and tuna-like species and sharks listed in Annex B to the Agreement, and other species caught in association with those species; (5) ‘contracting parties and cooperating non-contracting parties’ or ‘CPCs’ means contracting parties to the Agreement or cooperating non-contracting parties; (6) ‘conservation and management measure’ or ‘CMM’ means an applicable conservation and management measure adopted by the IOTC pursuant to Articles V(2)(c) and IX(1) of the Agreement; (7) ‘unfit for human consumption’ means a fish that is meshed or crushed in the purse seine, or is damaged due to depredation, or has died and spoiled in the net where a gear failure has prevented both the normal retrieval of the net and catch, and efforts to release the fish alive without including a fish that is considered undesirable in terms of size, marketability or species composition, or a fish that is spoiled or contaminated as the result of an act or omission of the crew of the Union fishing vessel; (8) ‘fish aggregating device’ or ‘FAD’ means a permanent, semi-permanent or temporary object, structure or device of any material, man-made or natural, which is deployed and/or tracked for the purpose of aggregating target tuna species for consequent capture; (9) ‘drifting FAD’ or ‘DFAD’ means a FAD not tethered to the bottom of the ocean; (10) ‘anchored FAD’ or ‘AFAD’ means a FAD tethered to the bottom of the ocean; (11) ‘data buoys’ means floating devices, either drifting or anchored, that are deployed by governmental or recognised scientific organisations or entities for the purpose of electronically collecting and measuring environmental data, and not for the purpose of fishing activities; (12) ‘IOTC transhipment declaration’ means the document set out in Annex 7; (13) ‘IMO number’ means a 7-digit number, which is assigned to a vessel under the authority of the International Maritime Organization (IMO); (14) ‘chartering’ means an agreement or an arrangement by which a fishing vessel flying the flag of a CPC is contracted for a defined period of time by an operator in another CPC without a change of flag; the ‘chartering CPC’ refers to the CPC that holds the quota allocation or fishing possibilities and the ‘flag CPC’ refers to the CPC in which the chartered vessel is registered; (15) ‘carrier vessel’ means a support vessel engaged in transhipment and receiving IOTC species from another vessel; (16) ‘e-Port State Measures application’ or ‘e-PSM application’ means the web-based application designed and developed to facilitate and assist a CPC to implement the IOTC resolutions related to port State measures; (17) ‘illegal, unreported and unregulated fishing’ or ‘IUU fishing’ means fishing activities as defined in Article 2, points (1) to (4), of Regulation (EC) No 1005/2008.
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