Cetaceans
1. Union fishing vessels shall be prohibited from intentionally setting a purse seine net around a cetacean in the Area, if it is sighted prior to the commencement of the set.
2. Where a cetacean is unintentionally encircled in a purse seine net, or caught by other gear types fishing for tuna and tuna-like species associated with cetaceans, Union fishing vessels shall:
(a)
take all the reasonable steps to ensure its safe release, in line with the IOTC Scientific Committee’s available best practice guidelines for the safe release and handling of cetaceans, while taking into consideration the safety of the crew;
(b)
report the incident to the vessel’s flag Member State, with the following information:
—
the species (if known);
—
the number of individuals;
—
a short description of the interaction, including details of how and why the interaction occurred, if possible;
—
the location of the encirclement;
—
the steps taken to ensure safe release; and
—
an assessment of the life status of the animal on release, including whether the cetacean was released alive but subsequently died.
3. Member States shall report the information referred to in paragraph 2, point (b), of this Article through logbooks in accordance with Article 14 of Regulation (EC) No 1224/2009 including the status upon release (dead or alive), or when an observer is on board through observer programmes and send it to the Commission, in accordance with Article 51(1) and (5).
Marine turtles
1. Union fishing vessels shall apply the following mitigation measures:
(a)
longline vessels shall carry line cutters and de-hookers in order to facilitate the appropriate handling and prompt release of marine turtles (species of families Cheloniidae and Dermochelyidae ) that have been caught or entangled, taking all reasonable steps to ensure safe release and handling following the IOTC handling guidelines;
(b)
purse seine vessels shall, to the extent practicable:
—
avoid encirclement of marine turtles, and if a marine turtle is encircled or entangled, take practicable measures to safely release the turtle in accordance with the IOTC handling guidelines;
—
release all marine turtles found entangled in FADs or fishing gear;
—
where a marine turtle is entangled in the net, stop the net roll as soon as the turtle comes out of the water; before resuming the net roll, the operator shall disentangle the turtle without injuring it, and assist its recovery before returning it to the water; and
—
carry and employ dip nets, when appropriate, to handle marine turtles.
2. Union fishing vessels shall bring aboard, if practicable, any captured marine turtle that is comatose or inactive as soon as possible and foster its recovery, including aiding in its resuscitation, before safely returning it to the water.
3. Member States shall ensure that Union fishing vessels use proper mitigation, identification, handling and de-hooking techniques and keep on board all necessary equipment for the release of marine turtles, taking all reasonable steps in accordance with handling guidelines in the IOTC Marine Turtle Identification Cards provided in IOTC handling guidelines referred to in paragraph 1, point (a).
4. Member States shall report on the implementation of the Guidelines of the Food and Agriculture Organization of the United Nations (FAO) to Reduce Sea Turtle Mortality in Fishing Operations.
5. Member States shall send all data on their vessels interactions with marine turtles to the Commission, in accordance with Article 51(1). Those data shall include the level of logbook or observer coverage and an estimate of total mortality of marine turtles incidentally caught in their fisheries.
6. Union fishing vessels shall record all incidents involving marine turtles during fishing operations, including status on release (dead or alive) in the logbooks in accordance with Article 14 of Regulation (EC) No 1224/2009. They shall report such incidents to their flag Member States with information, where possible, on the species, location of capture, conditions, actions taken on board and location of release. Member States shall send that information to the Commission, in accordance with Article 51(1).
Seabirds
1. Union fishing vessels shall use mitigation measures to reduce in levels of seabird bycatch across all fishing areas, seasons and fisheries. In the area south of 25 degrees South latitude, all longline vessels shall use at least two of the three mitigation measures set out in Annex 4 and shall comply with the minimum standards for those measures. The design and deployment of bird scaring lines shall comply with the additional specifications set out in Annex 5.
2. Union fishing vessels shall record data on incidental seabird bycatch by species, in particular through the Regional Observer Scheme referred to in Article 30, and report them to the Commission in accordance with Article 51(1). Observers shall, to the extent possible, take photographs of seabirds caught by Union fishing vessels and transmit them to national seabird experts or the IOTC Secretariat for confirmation of identification.
3. Member States shall inform the Commission, or a body designated by it, as to how the Regional Observer Scheme referred to in Article 30 is implemented, in accordance with Article 51(5).
