Conditions associated with fisheries management measures
1. Each Member State shall take the necessary measures to ensure that the fishing effort of its catching vessels and its traps is commensurate with the bluefin tuna fishing opportunities available to that Member State in the eastern Atlantic and the Mediterranean. Measures adopted by Member States shall include establishing individual quotas for their catching vessels over 24 metres in length overall included in the list of authorised vessels referred to in Article 26.
2. Each Member State shall require catching vessels to proceed immediately to a port designated by it when the individual quota of the vessel is deemed to be exhausted, in accordance with Article 35 of Regulation (EC) No 1224/2009.
3. Chartering operations shall not be permitted in the bluefin tuna fishery.
Carry-over of non-harvested live bluefin tuna
1. The carry-over of non-harvested live bluefin tuna from previous years’ catches within a farm may be permitted only if a reinforced system of control is developed and reported by the Member State to the Commission. That system shall be an integral part of the Member State’s annual inspection plan referred to in Article 14, and shall include at least the measures established pursuant to Articles 53 and 61.
2. If a carry-over is permitted in accordance with paragraph 1, the following points shall apply:
(a)
by 25 May of each year, Member States responsible for farms shall complete and submit to the Commission an annual carry-over declaration which shall include:
(i)
quantities (expressed in kg) and number of fish intended to be carried over;
(ii)
catch year;
(iii)
average weight;
(iv)
flag Member State or CPC;
(v)
references of the BCD corresponding to the catches carried over;
(vi)
name and ICCAT number of the farm;
(vii)
cage number; and
(viii)
information on harvested quantities (expressed in kg), when completed;
(b)
the quantities carried over pursuant to paragraph 1 shall be placed in separate cages or in separate series of cages in the farm on the basis of the catch year.
3. Before a fishing season starts, Member States responsible for farms shall ensure a thorough assessment of any live bluefin tuna carried over after bulk-harvests in farms under their jurisdiction. With that aim, all carried-over live bluefin tuna of the catch year subject to bulk-harvest in farms shall be transferred to other cages using stereoscopic camera systems or alternative methods, provided that they ensure the same level of precision and accuracy, in accordance with Article 51. Fully documented traceability shall be ensured at all times. Carry-over of bluefin tuna from years that were not subject to bulk-harvest shall be controlled annually by applying the same procedure to appropriate samples based on a risk assessment.
4. The Commission may adopt implementing acts laying down detailed rules to develop a reinforced control system for the carry-over of live bluefin tuna. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Carry-over of unused quotas
The carry-over of unused quotas shall not be permitted.
Quota transfers
1. Transfers of quotas between the Union and other CPCs shall only be carried out with the prior authorisation of the Member States and/or CPCs concerned. The Commission shall notify the ICCAT Secretariat 48 hours prior to any such transfer of quotas.
2. The transfer of quotas within gear groups, by-catch quotas and individual fishing quotas of each Member State shall be allowed, provided that the Member States concerned inform the Commission of such transfers in advance, so that the Commission can inform the ICCAT Secretariat prior to the transfer taking effect.
Quota deductions in the event of overfishing
If Member States overfish the quotas allocated to them and the situation cannot be remedied by quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, Articles 37 and 105 of Regulation (EC) No 1224/2009 shall apply.
Annual fishing plans
1. Each Member State with a bluefin tuna quota shall establish an annual fishing plan. That plan shall include, at least, the following information for the catching vessels and traps:
(a)
the quotas allocated to each gear group, including by-catch quotas;
(b)
where applicable, the method used to allocate and manage quotas;
(c)
the measures to ensure the respect of individual quotas;
(d)
open fishing seasons for each gear category;
(e)
information on designated ports;
(f)
the rules on by-catch; and
(g)
the number of catching vessels, other than bottom trawlers, above 24 metres in length overall and purse seine vessels that are authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.
2. Member States that have small-scale coastal vessels authorised to fish for bluefin tuna shall allocate a specific sectorial quota for those vessels and shall include such allocation in their fishing plans. They shall also include additional measures to closely monitor the quota consumption by that fleet in their monitoring, control and inspection plans. Member States may authorise a different number of vessels to fully utilise their fishing opportunities, using the parameters referred to in paragraph 1.
3. Portugal and Spain may allocate sectorial quotas for bait-boats operating in the Union waters of the archipelagos of the Azores, Madeira and the Canary Islands. Those sectorial quotas shall be included in their annual fishing plans and additional measures to monitor the consumption of those quotas shall be clearly set out in their annual monitoring, control and inspection plans.
4. When Member States allocate sectorial quotas in accordance with paragraph 2 or 3, the minimum quota requirement of 5 tonnes set in the applicable Union act for the allocation of fishing opportunities shall not apply.
5. Any amendment to the annual fishing plan shall be submitted by the Member State concerned to the Commission at least three working days before the start of the fishing activity to which the amendment relates. The Commission shall forward the amendment to the ICCAT Secretariat at least one working day before the start of the fishing activity to which the amendment relates.
Allocation of fishing opportunities
In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.
Annual fishing capacity management plans
Each Member State with a bluefin tuna quota shall establish an annual fishing capacity management plan. In that plan, the Member State shall adjust the number of catching vessels and traps in a way that ensures that the fishing capacity is commensurate with the fishing opportunities allocated to catching vessels and traps for the relevant quota period. The Member State shall adjust the fishing capacity using the parameters defined in the applicable Union act for the allocation of fishing opportunities. The adjustment of Union fishing capacity for purse seine vessels shall be limited to a maximum variation of 20 % compared to the baseline fishing capacity of 2018.
Annual inspection plans
Each Member State with a bluefin tuna quota shall establish an annual inspection plan with a view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with:
(a)
the objectives, priorities and procedures as well as benchmarks for inspection activities set out in the specific control and inspection programme for bluefin tuna established under Article 95 of Regulation (EC) No 1224/2009;
(b)
the national control action programme for bluefin tuna established under Article 46 of Regulation (EC) No 1224/2009.
Annual farming management plans
1. Each Member State with a bluefin tuna quota shall establish an annual farming management plan.
2. In the annual farming management plan, each Member State shall ensure that the total input capacity and the total farming capacity are commensurate with the estimated amount of bluefin tuna available for farming.
3. Member States shall limit their tuna farming capacity to the total farming capacity registered in the ICCAT ‘record of bluefin tuna farming facilities’ or authorised and declared to ICCAT in 2018.
4. The maximum input of wild caught bluefin tuna into the farms of a Member State shall be limited to the level of the input quantities registered with ICCAT in the ‘record of bluefin tuna farming facilities’ by the farms of that Member State in the years 2005, 2006, 2007 or 2008.
5. If a Member State needs to increase the maximum input of wild caught tuna in one or more of its tuna farms, that increase shall be commensurate with the fishing opportunities allocated to that Member State, and with any live bluefin tuna imports from another Member State or Contracting Party.
6. Member States responsible for the farms shall ensure that scientists tasked by the SCRS with trials to identify growth rates during the fattening period have access to the farms and assistance to carry out their duties.
7. Where appropriate, Member States shall submit revised farming management plans to the Commission by 15 May each year.
Transmission of annual plans
1. By 31 January of each year, each Member State with a bluefin tuna quota shall submit the following plans to the Commission:
(a)
the annual fishing plan for the catching vessels and traps fishing bluefin tuna in the eastern Atlantic and the Mediterranean, established in accordance with Article 11;
(b)
the annual fishing capacity management plan established in accordance with Article 13;
(c)
the annual inspection plan established in accordance with Article 14; and
(d)
the annual farming management plan established in accordance with Article 15.
2. The Commission shall compile the plans referred to in paragraph 1 and use them for the establishment of a Union annual plan. The Commission shall transmit the Union annual plan to the ICCAT Secretariat by 15 February of each year for discussion and approval by ICCAT.
3. In the event that a Member State fails to submit a plan referred to in paragraph 1 to the Commission within the deadline laid down in that paragraph, the Commission may decide to transmit the Union plan to the ICCAT Secretariat without the plans of the Member State concerned. At the request of the Member State concerned, the Commission shall endeavour to take into account one of the plans referred to in paragraph 1 submitted after the deadline laid down in that paragraph, but before the deadline provided for in paragraph 2. If a plan submitted by a Member State does not comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans or contains a serious fault that may lead to the non-endorsement of the Union annual plan by the ICCAT Commission, the Commission may decide to transmit the Union annual plan to the ICCAT Secretariat without the plans of the Member State concerned. The Commission shall inform the Member State concerned as soon as possible and shall endeavour to include any revised plans submitted by that Member State in the Union annual plan or in amendments to the Union annual plan, provided that those revised plans comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
