Section 1 — Lists and records of vessels and traps
Lists and records of vessels
1. Each year, one month before the start of the period of authorisation, Member States shall submit to the Commission the following vessel lists in the format set out in the last version of the ICCAT Guidelines for submitting data and information:
(a)
a list of all catching vessels authorised to fish actively for bluefin tuna; and
(b)
a list of all other fishing vessels used for the purposes of commercial exploitation of bluefin tuna resources.
The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that those vessels can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.
2. During a calendar year, a fishing vessel may be included in both of the lists referred to in paragraph 1 provided that it is not included in both lists at the same time.
3. The information on vessels referred to in points (a) and (b) of paragraph 1 shall contain the vessel’s name and Union fleet register number (CFR) as defined in Annex I to Commission Implementing Regulation (EU) 2017/218 ( 20 ) .
4. The Commission shall not accept any retroactive submission of the lists referred to in paragraph 1.
5. Subsequent changes to the lists referred to in paragraph 1, during a calendar year, shall only be accepted if a notified fishing vessel is prevented from participating in the fishery due to legitimate operational reasons or force majeure . In such circumstances, the Member State concerned shall immediately inform the Commission of that fact, and shall provide:
(a)
full details of the fishing vessel(s) intended to replace that fishing vessel; and
(b)
a comprehensive account of the reason justifying the replacement and any relevant supporting evidence or references.
6. The Commission shall, if necessary, modify during the year the information on the vessels referred to in paragraph 1 of this article, by providing updated information to the ICCAT Secretariat in accordance with Article 7(6) of Regulation (EU) 2017/2403.
Fishing authorisations for vessels
1. Member States shall issue fishing authorisations to vessels included in one of the lists referred to in Article 26(1) and (5). Fishing authorisations shall contain as a minimum the information set out in Annex VII and shall be issued in the format laid down in that Annex. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation.
2. Without prejudice to Article 21(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26(1) shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean.
3. The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to a vessel, and may require the vessel to proceed immediately to a port designated by it, when the individual quota assigned to the vessel is exhausted.
Lists and records of traps authorised to fish for bluefin tuna
1. As part of their fishing plans, each Member State shall submit, a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean to the Commission. The Commission shall forward that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna.
2. Member States shall issue fishing authorisations for traps included in the list referred to in paragraph 1. Fishing authorisations shall contain as a minimum the information and use the format set out in Annex VII. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation.
3. Union traps not entered into the ICCAT record of traps authorised to fish for bluefin tuna shall not be deemed to be authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean. It shall be prohibited to retain on board, transfer, cage or land bluefin tuna caught by those traps.
4. The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to traps when the quota assigned to them is deemed exhausted.
Information on fishing activities
1. By 15 July each year, each Member State shall submit to the Commission detailed information on bluefin tuna catches in the eastern Atlantic and the Mediterranean in the preceding year. The Commission shall forward that information to the ICCAT Secretariat by 31 July each year. This information shall include:
(a)
the name and ICCAT number of each catching vessel;
(b)
the period of authorisation(s) for each catching vessel;
(c)
the total catches of each catching vessel, including zero catches, throughout the period of authorisation(s);
(d)
the total number of days each catching vessel fished in the eastern Atlantic and the Mediterranean throughout the period of authorisation(s); and
(e)
the total catch outside their period of authorisation (by-catch).
2. Member States shall submit the following information to the Commission for fishing vessels flying their flag which were not authorised to fish actively for bluefin tuna in the eastern Atlantic and the Mediterranean but which caught bluefin tuna as by-catch:
(a)
the name and ICCAT number or, if not registered with ICCAT, the national registry number of the vessel; and
(b)
the total catches of bluefin tuna.
3. Member States shall notify the Commission of any information concerning any vessels not included in paragraphs 1 and 2 but known or presumed to have fished for bluefin tuna in the eastern Atlantic and the Mediterranean. The Commission shall transmit that information to the ICCAT Secretariat as soon as the information is available.
Joint fishing operations
1. Any joint fishing operation for bluefin tuna shall only be allowed if participating vessels are authorised by the flag Member State(s). To be authorised, each purse seine vessel shall be required to be equipped to fish for bluefin tuna, to have an individual quota, and to comply with the reporting obligations set out in Article 32.
2. The quota allocated to a joint fishing operation shall be equal to the total of the quotas allocated to participating purse seine vessels.
3. Union purse seine vessels shall not engage in joint fishing operations with purse seine vessels from other CPCs.
4. The application form for the authorisation to participate in a joint fishing operation is set out in Annex IV. Each Member State shall take the necessary measures to obtain the following information from its purse seine vessels participating in a joint fishing operation:
(a)
the requested period of authorisation of the joint fishing operation;
(b)
the identity of the operators involved;
(c)
the individual vessels’ quotas;
(d)
the allocation key between the vessels for the catches involved; and
(e)
information on the farms of destination.
5. At least 10 days before the start of the joint fishing operation, each Member State shall submit the information referred to in paragraph 4 to the Commission in the format set out in Annex IV. The Commission shall forward that information to the ICCAT Secretariat and to the flag Member State of other fishing vessels participating in the joint fishing operation, at least 5 days before the start of the fishing operation.
6. In the event of force majeure , the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, Member States shall submit to the Commission an update of that information as soon as possible, together with a description of the events constituting force majeure . The Commission shall forward that information to the ICCAT Secretariat.
Section 2 — Catch recording
Recording requirements
1. Masters of Union catching vessels shall maintain a fishing logbook of their operations in accordance with Articles 14, 15, 23 and 24 of Regulation (EC) No 1224/2009 and Section A of Annex II to this Regulation.
2. Masters of Union towing vessels, auxiliary vessels and processing vessels shall record their activities in accordance with the requirements set out in Sections B, C and D of Annex II.
Catch reports sent by masters and trap operators
1. Masters of Union catching vessels fishing actively shall send to their flag Member States daily catch reports during the whole period in which they are authorised to fish for bluefin tuna. Those reports shall not be obligatory for vessels in port, except if they are engaged in a joint fishing operation. The data in the reports shall be taken from logbooks and shall include date, time, location (latitude and longitude) and the weight and number of bluefin tuna caught in the Convention Area, including releases and discards of dead fish. Masters shall send the reports in the format set out in Annex III or in a format required by the Member State.
2. Masters of purse seine vessels shall produce the daily catch reports referred to in paragraph 1 for each fishing operation, including operations where the catch was zero. The reports shall be sent by the master of the vessel or his authorised representatives to his flag Member State by 9:00 GMT for the preceding day.
3. Trap operators or their authorised representatives fishing actively for bluefin tuna shall produce daily reports and shall send them to their flag Member States within every 48 hours during the whole period in which they are authorised to fish bluefin tuna. Those reports shall include the ICCAT register number of the trap, date and time of the catch, weight and number of bluefin tuna caught, including where the catch is zero, releases and discards of dead fish. They shall send that information in the format set out in Annex III.
4. Masters of catching vessels other than purse seine vessels, shall transmit to their flag Member States the reports referred to in paragraph 1 by Tuesday 12:00 GMT for the preceding week ending on Sunday.
Section 3 — Landings and transhipments
Designated ports
1. Each Member State that has been allocated a bluefin tuna quota shall designate ports where landing or transhipping operations of bluefin tuna are authorised. The information on designated ports shall be included in the annual fishing plan referred to in Article 11. Member States shall inform the Commission without delay of any amendment to the information on designated ports. The Commission shall communicate that information to the ICCAT Secretariat without delay.
2. For a port to be determined as a designated port, the port Member State shall ensure that the following conditions are met:
(a)
established landing and transhipment times;
(b)
established landing and transhipment places; and
(c)
established inspection and surveillance procedures ensuring inspection coverages during all landing and transhipment times and at all landing and transhipment places in accordance with Article 35.
3. It shall be prohibited to land or tranship from catching vessels, as well as processing vessels and auxiliary vessels, any quantity of bluefin tuna fished in the eastern Atlantic and the Mediterranean at any place other than ports designated by CPCs and Member States. Exceptionally, dead bluefin tuna, harvested from a trap or cage, may be transported to a processing vessel using an auxiliary vessel, insofar as such transporting is conducted in the presence of the control authority.
Prior notification of landings
1. Article 17 of Regulation (EC) No 1224/2009 shall apply to masters of Union fishing vessels of a length overall of 12 metres or more included in the list of vessels referred to in Article 26. The prior notification under Article 17 of Regulation (EC) No 1224/2009 shall be sent to the competent authority of Member State (including the flag Member State) or CPC whose ports or landing facility they wish to use.
2. At least four hours before the estimated time of arrival at the port, masters of Union fishing vessels below 12 metres in length overall including processing vessels and auxiliary vessels included in the list of vessels referred to in Article 26, or representatives of such vessels, shall notify the competent authority of the Member State (including the flag Member State) or the CPC whose ports or landing facility they wish to use, of at least the following information:
(a)
estimated time of arrival;
(b)
estimated quantity of bluefin tuna retained on board;
(c)
information on the geographical area where the catches were taken;
(d)
the external identification number and the name of the fishing vessels.
3. Where Member States are authorised under applicable Union law to apply a shorter notification period than the period of four hours before the estimated time of arrival, the estimated quantities of bluefin tuna retained on board may be notified at the applicable time of notification prior to arrival. If the fishing grounds are less than four hours from the port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.
4. The authorities of the port Member State shall keep a record of all prior notifications for the current year.
5. All landings in the Union shall be controlled by the relevant control authorities of the port Member State and a percentage shall be inspected based on a risk assessment system involving quotas, fleet size and fishing effort. Full details of such control system adopted by each Member State shall be set out in the annual inspection plan referred to in Article 14.
6. Masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the competent authorities of the Member State or CPC where the landing takes place and to its flag Member State. The master of the Union catching vessel shall be responsible for, and certify, the completeness and accuracy of the declaration. The landing declaration shall indicate, as a minimum requirement, the quantities of bluefin tuna landed and the area where they were caught. All landed catches shall be weighed. The port Member State shall send a record of the landing to the authorities of the flag Member State or CPC, 48 hours after the completion of the landing.
Transhipments
1. Transhipment at sea by Union fishing vessels carrying on board bluefin tuna, or by third country vessels in Union waters, shall be prohibited in all circumstances.
2. Without prejudice to Article 52(2) and (3), Article 54 and Article 57 of Regulation (EU) 2017/2107, fishing vessels shall only tranship bluefin tuna catches in designated ports as referred to in Article 33 of this Regulation.
3. The master of the receiving fishing vessel, or the master’s representative, shall provide the relevant authorities of the port State at least 72 hours before the estimated time of arrival at port, with the information listed in the transhipment declaration template set out in Annex V. Any transhipment shall require the prior authorisation from the flag Member State or flag CPC of the transhipping fishing vessel concerned. Furthermore, the master of the transhipping vessel shall, at the time of the transhipment, inform its flag Member State or CPC of the dates required under Annex V.
4. The port Member State shall inspect the receiving vessel on arrival and check the quantities and documentation relating to the transhipment operation.
5. Masters of Union fishing vessels engaged in transhipment operations shall complete and transmit to their flag Member States the ICCAT transhipment declaration within 15 days after the completion of the transhipment. The masters of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with Annex V. The transhipment declaration shall include the reference number of the eBCD to facilitate cross-checking of data contained thereof.
6. The port Member State shall send a record of the transhipment to the flag Member State or CPC authority of the transhipping fishing vessel, within 5 days after the completion of the transhipment.
7. All transhipments shall be inspected by the competent authorities of the designated port Member States.
Section 4 — Reporting obligations
Weekly reports on quantities
Each Member State shall submit weekly catch reports to the Commission. Those reports shall include the data required under Article 32 as regards traps, purse seine vessels and other catching vessels. The information shall be structured by gear type. The Commission shall promptly forward that information to the ICCAT Secretariat.
Information on quota exhaustion
1. In addition to complying with Article 34 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group is deemed to have reached 80 %.
2. In addition to complying with Article 35 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group or to a joint fishing operation or to a purse seine vessel is deemed to be exhausted. That information shall be accompanied by official documentation proving the fishing stop or the call back to port issued by the Member State for the fleet, the gear group, the joint fishing operation, or the vessels with an individual quota including a clear indication of the date and the time of the closure.
3. The Commission shall inform the ICCAT Secretariat of the dates when the Union quota of bluefin tuna has been exhausted.
Section 5 — Observer programmes
National observer programme
1. Each Member State shall ensure that the deployment of national observers, issued with an official identification document, on fishing vessels and traps active in the bluefin tuna fishery covers at least:
(a)
20 % of its active pelagic trawlers (over 15 metres);
(b)
20 % of its active longline vessels (over 15 metres);
(c)
20 % of its active baitboats (over 15 metres);
(d)
100 % of towing vessels;
(e)
100 % of harvesting operations from traps.
Member States with fewer than five catching vessels belonging to the categories listed in points (a), (b) and (c) of the first subparagraph and authorised to fish actively for bluefin tuna shall ensure that the deployment of national observers covers at least 20 % of the time the vessels are active in the bluefin tuna fishery.
2. The national observer tasks shall be, in particular, the following:
(a)
to monitor compliance with this Regulation by fishing vessels and traps;
(b)
to record and report the fishing activity, including the following:
(i)
amount of catch (including by-catch), and catch disposition (retained on board or discarded dead or alive);
(ii)
area of catch by latitude and longitude;
(iii)
measure of effort (such as the number of sets, number of hooks), as defined in the ICCAT Field Manual for different gears;
(iv)
date of catch;
(c)
to verify entries made in the logbook;
(d)
to sight and record vessels that may be fishing contrary to ICCAT conservation measures.
3. In addition to the tasks referred to in paragraph 2, national observers shall carry out scientific work, including the collection of necessary data, based on the guidelines from the SCRS.
4. Data and information collected under each Member State’s observer programme shall be provided to the Commission. The Commission shall forward those data and that information to the SCRS or the ICCAT Secretariat, as appropriate.
5. For the purposes of paragraphs 1 to 3, each Member State shall ensure:
(a)
representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, effort and other scientific and management aspects, taking into account characteristics of the fleets and fisheries;
(b)
robust data collection protocols;
(c)
that observers are properly trained and approved before deployment;
(d)
to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area.
ICCAT regional observer programme
1. Member States shall ensure the effective implementation of the ICCAT regional observer programme as set out in this Article and in Annex VIII.
2. Member States shall ensure that an ICCAT regional observer is present:
(a)
on all purse seine vessels authorised to fish bluefin tuna;
(b)
during all transfers of bluefin tuna from purse seine vessels;
(c)
during all transfers of bluefin tuna from traps to transport cages;
(d)
during all transfers of bluefin tuna from one farm to another;
(e)
during all cagings of bluefin tuna in farms;
(f)
during all harvesting of bluefin tuna from farms; and
(g)
during the release of bluefin tuna from farming cages into the sea.
3. Purse seine vessels without an ICCAT regional observer shall not be authorised to fish for bluefin tuna.
4. Member States shall ensure that one ICCAT regional observer is assigned to each farm for the whole period of caging operations. In the event of force majeure , and following confirmation by the farming Member State of those circumstances that constitute force majeure , an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the observer tasks are duly accomplished. However, the Member State responsible for the farms shall immediately request the deployment of an additional regional observer.
5. The ICCAT regional observers’ tasks shall be, in particular to:
(a)
observe and monitor fishing and farming operations in compliance with the relevant ICCAT conservation and management measures, including through access to stereoscopic camera footage at the time of caging that enables the measuring of length and the estimation of the corresponding weight;
(b)
sign the ITDs and BCDs when the information contained therein is consistent with their own observations. Otherwise, the ICCAT regional observer shall indicate his/her presence on the ITDs and BCDs and the reasons of disagreement quoting specifically the rule(s) or procedure(s) that has not been respected;
(c)
carry out scientific work, including collecting samples, based on the guidelines from the SCRS.
6. Masters, crew, and farm, trap and vessel operators shall not obstruct, intimidate, interfere with, or influence by any means regional observers in the performance of their duties.
Section 6 — Transfer operations
Transfer authorisation
1. Before any transfer operation, the master of the catching or towing vessel or the master’s representatives or the operator of the farm or trap where the transfer originates, shall send to the flag Member State, or to the Member State responsible for the farm or trap, a prior transfer notification indicating:
(a)
the name of the catching vessel or farm or trap and ICCAT record number;
(b)
the estimated time of transfer;
(c)
the estimated quantity of bluefin tuna to be transferred;
(d)
information on the position (latitude/longitude) where the transfer will take place and cage identification numbers;
(e)
the name of the towing vessel, number of cages towed and ICCAT record number where appropriate; and
(f)
the destination port, farm or cage of the bluefin tuna.
2. For the purposes of paragraph 1, Member States shall assign a unique number to each transport cage. If several transport cages need to be used when transferring a catch corresponding to one fishing operation, only one ITD is required, but the numbers of each transport cage used shall be recorded in the ITD, clearly indicating the quantity of bluefin tuna transported in each cage.
3. Cage numbers shall be issued with a unique numbering system that includes at least the alpha-3 code corresponding to the farming Member State followed by three numbers. Unique cage numbers shall be permanent and shall not be transferable from one cage to another.
4. The Member State to which a transfer notification has been sent pursuant to paragraph 1 shall assign and communicate to the master of the fishing vessel, or operator of the trap or farm as appropriate, an authorisation number for each transfer operation. The authorisation number shall include the three-letter Member State code, four numbers showing the year and three letters indicating either positive authorisation (AUT) or negative (NEG) followed by sequential numbers.
5. The Member State to which a transfer notification has been sent pursuant to paragraph 1 shall authorise or refuse to authorise the transfer within 48 hours following the submission of the prior transfer notification. The transfer operation shall not begin without the prior positive authorisation issued.
6. The transfer authorisation shall not prejudge the confirmation of the caging operation.
Refusal of the transfer authorisation and release of bluefin tuna
1. The Member State to which a prior transfer notification has been sent pursuant to Article 40(1) shall refuse to authorise the transfer if, on receipt of the prior notification of transfer, it considers that:
(a)
the catching vessel or the trap declared to have caught the fish did not have a sufficient quota;
(b)
the quantity of fish has not been duly reported by the catching vessel or trap, or was not authorised to be caged;
(c)
the catching vessel declared to have caught the fish did not have a valid authorisation to fish for bluefin tuna issued in accordance with Article 27; or
(d)
the towing vessel declared to receive the transfer of fish is not registered in the ICCAT record of other fishing vessels referred to in Article 26, or is not equipped with a fully-functioning VMS or equivalent tracking device.
2. If the Member State to which a transfer notification has been sent pursuant to Article 40(1), refuses the transfer, it shall immediately issue a release order to the master of the catching or of the towing vessel or to the operator of the trap or farm as appropriate, to inform them that the transfer is not authorised and require them to release of the fish into the sea in accordance with Annex XII.
3. In the event of a technical failure of its VMS during the transport to the farm, the towing vessel shall be replaced by another towing vessel with a fully-functioning VMS, or a new operative VMS shall be installed or used, as soon as feasible and not later than 72 hours after that technical failure. That period of 72 hours may be exceptionally extended in the event of force majeure or legitimate operational constraints. The technical failure shall be immediately communicated to the Commission, which shall inform the ICCAT Secretariat. The master or the master’s representative shall, from the time the technical failure was detected until it is remedied, communicate every four hours to the control authorities of the flag Member State the updated geographical coordinates of the fishing vessel by appropriate telecommunication means.
ICCAT transfer declaration
1. The masters of catching or towing vessels or the operator of the farm or trap shall complete and transmit to the responsible Member State the ITD at the end of the transfer operation in accordance with the format set out in Annex VI.
2. The ITD forms shall be numbered by the authorities of the Member State responsible for the fishing vessel, farm or trap from where the transfer originates. The number of the ITD form shall include the three-letter Member State code, followed by four numbers showing the year and three sequential numbers followed by the three letters ITD (MS-20**/xxx/ITD).
3. The original ITD shall accompany the transfer of fish. A copy of the declaration shall be kept by the catching vessel or trap and towing vessels.
4. Masters of vessels carrying out transfer operations shall report their activities in accordance with Annex II.
5. Information regarding dead fish shall be recorded in accordance with the procedures set out in Annex XIII.
Monitoring by video camera
1. The master of the catching or towing vessel or the operator of the farm or trap shall ensure that the transfer is monitored by video camera in the water in order to verify the number of fish being transferred. The video recording shall be carried out in accordance with the minimum standards and procedures set out in Annex X.
2. Where the SCRS requests the Commission to provide copies of the video records, Member States shall provide those copies to the Commission, which shall forward them to the SCRS.
Verification by ICCAT regional observers and conduct of investigations
1. ICCAT regional observers on board the catching vessel and trap, as referred to in Article 39 and Annex VIII, shall:
(a)
record and report the transfer activities carried out;
(b)
observe and estimate catches transferred; and
(c)
verify entries made in the prior transfer authorisation, as referred to in Article 40, and in the ITD, as referred to in Article 42.
2. In cases where there is more than a 10 % difference in number of bluefin tuna individuals between the estimates made either by the regional observer, relevant control authorities or the master of the catching or towing vessel, or by the operator of the trap or farm, an investigation shall be initiated by the responsible Member State. Such investigation shall be concluded prior to the time of caging at the farm and in any event within 96 hours of the investigation being initiated, except in cases of force majeure . Pending the results of the investigation, caging shall not be authorised and the relevant section of the BCD shall not be validated.
3. However, in the event that the video record is of insufficient quality or clarity to estimate the quantities transferred, the master of the vessel or operator of the farm or trap may request the authorities of the responsible Member State to be authorised to conduct a new transfer operation and to provide the corresponding video record to the regional observer. If that voluntary control transfer is not performed with satisfactory results, the responsible Member State shall initiate an investigation. If after that investigation, it is confirmed that the video record is of insufficient quality or clarity to estimate the quantities transferred, the control authorities of the responsible Member State shall order another control transfer operation and provide the corresponding video record to the ICCAT regional observer. New transfers shall be conducted as control transfers until the quality of the video record is such to allow the quantities transferred to be estimated.
4. Without prejudice to the verifications conducted by inspectors, the ICCAT regional observers shall sign the ITD only where their observations are in accordance with ICCAT conservation and management measures and the information contained in the ITD is consistent with their observations and includes a compliant video record in accordance with paragraphs 1, 2 and 3. The ICCAT observers shall also verify that the ITD is transmitted to the master of the towing vessel or operator of the farm or trap representative where applicable. If the ICCAT observers are not in agreement with the ITD, the ICCAT observers shall indicate their presence on the ITDs and BCDs and the reasons for disagreement, quoting specially the rule(s) or procedure(s) that have not been respected.
5. The master of the catching or towing vessels or the operators of the farm or trap shall complete and transmit to the responsible Member State the ITD, at the end of the transfer operation, in accordance with the format set out in Annex VI. Member States shall forward the ITD to the Commission.
Implementing acts
The Commission may adopt implementing acts laying down operational procedures for the application of this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Section 7 — Caging operations
Caging authorisation and possible refusal of an authorisation
1. Prior to the start of caging operations for each transport cage, the anchoring of transport cages within 0,5 nautical miles of farming facilities shall be prohibited. To that end, geographical coordinates corresponding to the polygon where the farm is placed shall be available in the farming management plans referred to in Article 15.
2. Before any caging operation, the Member State responsible for the farm shall request the approval of the caging by the Member State or CPC responsible for the catching vessel or trap which caught the bluefin tuna to be caged.
3. The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that:
(a)
the catching vessel or trap which caught the fish did not have a sufficient quota for bluefin tuna;
(b)
the quantity of fish has not been duly reported by the catching vessel or trap; or
(c)
the catching vessel or trap declared to have caught the fish does not have a valid authorisation to fish for bluefin tuna, issued in accordance with Article 27.
4. If the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall:
(a)
inform the competent authority of the Member State or CPC responsible for the farm; and
(b)
request that competent authority to proceed to the seizure of the catches and the release of the fish into the sea.
5. The caging shall not begin without the approval, issued within one working day of the request, by the Member State or CPC responsible for the catching vessels or trap, or by the Member State responsible for the farm if agreed with the authorities of Member State or CPC responsible for the catching vessels or trap. If, within one working day, no response is received from the authorities of the Member State or CPC responsible for the catching vessel or trap, the competent authorities of the Member State responsible for the farm may authorise the caging operation.
6. Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State or CPC responsible for the farm provide valid reasons including force majeure , which shall accompany the caging report when submitted. In any event, the fish shall not be caged after 7 September of each year.
Bluefin tuna catch documentation
1. It shall be prohibited for Member States responsible for farms to cage bluefin tuna not accompanied by the documents required by ICCAT in the framework of the catch documentation programme of Regulation (EU) No 640/2010. The documentation shall be accurate and complete, and shall be validated by the Member State or CPC responsible for the catching vessels or traps.
2. Member States shall not place bluefin tuna in a farm not authorised by the Member State or CPC or not listed in the ICCAT record of farming facilities.
3. Member States responsible for farms shall ensure that bluefin tuna catches are placed in separate cages or series of cages and partitioned on the basis of flag Member State or CPC of origin. By way of derogation, if the bluefin tuna are caught in the context of a joint fishing operation between different Member States, Member States responsible for farms shall ensure that bluefin tuna are placed in separate cages or series of cages and partitioned on the basis of joint fishing operations and catch year.
Inspections
Member States responsible for farms shall take the necessary measures to inspect each caging operation in the farms.
Monitoring by video camera
Member States responsible for farms shall ensure that caging operations are monitored by their control authorities by video camera in the water. One video record shall be produced for each caging operation in accordance with the procedures set out in Annex X.
Launching and conduct of investigations
Where there is a difference of more than 10 % in number between the estimates made by either the ICCAT regional observer, relevant Member States control authorities and/or the farm operator, the Member State responsible for the farm shall initiate an investigation in cooperation with the Member State or CPC responsible for the catching vessel and/or trap. The Member State undertaking the investigations may use other information at its disposal, including the results of the caging programmes referred to in Article 51.
Measures and programmes to estimate the number and weight of bluefin tuna to be caged
1. Member States shall ensure that a programme using stereoscopic camera systems or alternative methods that ensure the same level of precision and accuracy covers 100 % of all caging operations, in order to estimate the number and weight of the fish.
2. That programme shall be conducted in accordance with the procedures set out in Annex XI. Alternative methods may only be used if they have been endorsed by ICCAT during its annual meeting.
3. The Member State responsible for the farm shall communicate the results of the programme to the Member State or CPC responsible for the catching vessels, and to the entity operating the regional observer programme on behalf of ICCAT.
4. When, for a single catching operation, the results of the programme indicate that the number of caged bluefin tuna individuals differs by more than 10 % from the quantities reported caught and/or transferred, the Member State responsible for the catching vessel or trap shall launch an investigation to determine the accurate catch weight that shall be deducted from the national bluefin tuna quota, in accordance with paragraph 9.
5. When the Member State or CPC responsible for the catching vessel or trap launches an investigation, the Member State responsible for the farm shall cooperate fully and shall provide the investigating Member State or CPC with all the complementary information requested including the results of the analysis of the video footage concerned, and shall inform the Commission immediately.
6. Member States’ competent authorities, including those whose vessels have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal.
7. The competent authority of the Member State responsible for the catching vessel or trap shall conclude the investigation within one month from the communication of the caging results by the competent authority of the Member State responsible for the farm.
8. A difference greater than 10 % between the number of bluefin tuna reported caught by the vessel or trap concerned and the number determined by the competent authority of the Member State responsible for the catching vessel or the trap as a result of the investigation shall constitute potential non-compliance of the vessel or trap concerned.
9. Where an investigation concludes that bluefin tuna individuals are missing, the weight of the missing fish shall be deducted from the quota of the Member State responsible for the catching vessel or trap, as applicable, by applying the average individual weight at caging communicated by the competent authority of the Member State responsible for the farm, to the number of bluefin tuna in the catch as determined by the competent authority of the Member State responsible for the fishing vessel or trap resulting from its analysis of the first transfer video footage in the context of the investigation.
10. Notwithstanding paragraph 9, after the consultation of the competent authorities of the Member State or CPC responsible for the fishing vessel involved in the transport of fish to the destination farm, the competent authorities of the Member State responsible for the catching vessel or trap and the Commission may decide not to deduct from the national quota the fish determined in the investigation as having been lost, when the losses have been duly documented as force majeure by the operator, the relevant information has been communicated to the competent authority of the Member State responsible for the operator and the Commission immediately after the event and the losses did not result in known mortalities.
11. The Member State responsible for the catching vessel or trap shall issue a release order, in accordance with the procedures set out in Annex XII, for the quantities caged which exceed the quantities declared caught and transferred, if:
(a)
the investigation referred to in paragraph 4 is not concluded within 10 working days from the communication of the results of the programme, for a single caging operation, or of all caging operations from a joint fishing operation; or
(b)
the outcome of the investigation indicates that the number and/or average weight of bluefin tuna is in excess of that declared caught and transferred;
The release of the excess shall be conducted in the presence of control authorities.
12. The results of the programme shall be used to decide if releases are required and the caging declarations and relevant sections of the BCD shall be completed accordingly. When a release order has been issued, the farm operator shall request the presence of a national control authority and an ICCAT regional observer to monitor the release.
13. Member States shall submit the results of the programme to the Commission by 1 September of each year. In the event of force majeure in the caging, Member States shall submit those results before 12 September of each year. The Commission shall transmit that information to the SCRS by 15 September of each year for evaluation.
14. The transfer of live bluefin tuna from one farming cage to another farming cage shall not take place without the authorisation and the presence of control authorities of the Member State or CPC responsible for the farm. Each transfer shall be recorded to control the number of individuals. National control authorities shall monitor those transfers and ensure that each intra-farm transfer is recorded in the e-BCD system.
Caging declaration and caging report
1. Within 72 hours after the end of each caging operation, a farm operator shall submit a caging declaration as provided for in Annex XIV to their competent authority.
2. In addition to the caging declaration referred to in paragraph 1, a Member State responsible for the farm shall submit one week from the completion of the caging operation, a caging report containing the elements set out in Section B of Annex XI to the Member State or CPC whose vessels or traps have caught the bluefin tuna, and to the Commission. The Commission shall transmit that information to the ICCAT Secretariat.
3. For the purpose of paragraph 2, a caging operation shall not be deemed to be completed until any investigation launched and any release operation ordered is concluded.
Intra-farm transfers and random controls
1. A Member State responsible for a farm shall put in place a traceability system, including the video-recording of internal transfers.
2. The control authorities of the Member State responsible for a farm shall undertake random controls, on the basis of a risk analysis, on bluefin tuna kept in farm cages between the time of completion of caging operations in a year and the first caging in the following year.
3. For the purpose of paragraph 2, the Member State responsible for a farm shall establish a minimum percentage of fish to be controlled. That percentage shall be set out in the annual inspection plan referred to in Article 14. Each Member State shall communicate to the Commission the results of the random controls carried out each year. The Commission shall transmit those results to the ICCAT Secretariat in April of the year following the period of the relevant quota.
Access to and requirements for video records
1. The Member State responsible for a farm shall ensure that the video records referred to in Articles 49 and 51 are made available upon request to the national inspectors, as well as to regional and ICCAT inspectors and to ICCAT and national observers.
2. The Member State responsible for a farm shall take the necessary measures to avoid any replacement, editing or manipulation of the original video records.
Annual caging report
Member States subject to the obligation of submitting caging declarations and reports under Article 52 shall submit a caging report to the Commission each year by 31 July for the previous year. The Commission shall forward that information to the ICCAT Secretariat before 31 August each year. The report shall contain the following information:
(a)
the total amount of bluefin tuna caged by farm, including loss in number and weight during the transportation to the cages by farm, carried out by fishing vessels and by traps;
(b)
the list of vessels that fish for, provide or transport bluefin tuna for farming purposes (name of the vessel, flag, licence number, gear type) and traps;
(c)
the results of the sampling programme for the estimation of the numbers-at-size of the bluefin tuna caught, as well as the date, time and area of catch and the fishing method used, in order to improve statistics for stock assessment purposes;
The sampling programme requires that size sampling (length or weight) at cages must be done on one sample (= 100 individuals) for every 100 tonnes of live fish, or on a 10 % sample of the total number of the caged fish. Size samples will be collected during harvesting at the farm and on the dead fish during transport, following the ICCAT Guidelines for submitting data and information. For fish farmed for more than one year, other additional sampling methodologies shall be established. The sampling shall be conducted during any harvesting, covering all cages;
(d)
the quantities of bluefin tuna placed in cage and estimate of the growth and mortality while in captivity and of the amounts sold in tonnes. That information shall be provided per farm;
(e)
the quantities of bluefin tuna caged during the previous year; and
(f)
the quantities, broken down by their origin, marketed during the previous year.
Implementing acts
The Commission may adopt implementing acts laying down procedures for the application of the provisions laid down in this Section. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.
Section 8 — Monitoring and surveillance
Vessel Monitoring System
1. By way of derogation from Article 9(5) of Regulation (EC) No 1224/2009, flag Member States shall implement VMS for their fishing vessels with a length overall equal to or greater than 12 metres in accordance with Annex XV.
2. Fishing vessels over 15 metres in length overall that are included in the list of vessels referred to in Article 26(1), point (a) or (b), shall begin to transmit VMS data to ICCAT at least 5 days before their period of authorisation and shall continue at least 5 days after their period of authorisation, unless a request is sent in advance to the Commission for the vessel to be removed from the ICCAT record of vessels.
3. For control purposes, the master or the master’s representative shall ensure that the transmission of VMS data from catching vessels that are authorised to fish actively for bluefin tuna is not interrupted when vessels are in port unless there is a system of hailing in and out of port.
4. Member States shall ensure that their fisheries monitoring centres forward to the Commission and a body designated by it, in real time and using the format ‘https data feed’, the VMS messages received from the fishing vessels flying their flag. The Commission shall forward those messages to the ICCAT Secretariat.
5. Member States shall ensure that:
(a)
VMS messages from the fishing vessels flying their flag are forwarded to the Commission at least every two hours;
(b)
in the event of technical malfunctioning of the VMS, alternative messages from the fishing vessels flying their flag received pursuant to Article 25(1) of Implementing Regulation (EU) No 404/2011 are forwarded to the Commission within 24 hours of receipt by their fisheries monitoring centres;
(c)
messages forwarded to the Commission are sequentially numbered (with a unique identifier) in order to avoid duplication;
(d)
messages forwarded to the Commission are in accordance with Article 24(3) of Implementing Regulation (EU) No 404/2011.
6. Each Member State shall ensure that all messages made available to its inspection vessels are treated in a confidential manner and are limited to inspection at sea operations.
Section 9 — Inspection and enforcement
ICCAT Scheme of Joint International Inspection
1. Joint international inspection activities shall be carried out in accordance with the ICCAT Scheme of Joint International Inspection (‘the ICCAT scheme’) for international control outside the waters under national jurisdiction, as set out in Annex IX to this Regulation.
2. Member States whose fishing vessels are authorised to operate for bluefin tuna shall assign inspectors and carry out inspections at sea under the ICCAT scheme.
3. Where at any time, more than 15 fishing vessels flagged to a Member State are engaged in bluefin tuna activities in the Convention Area, the Member State concerned shall, on the basis of risk assessment, deploy an inspection vessel for the purpose of inspection and control at sea in the Convention Area throughout the period that those vessels are there. That obligation shall be deemed to have been complied with where Member States cooperate to deploy an inspection vessel or where a Union inspection vessel is deployed in the Convention Area.
4. The Commission or a body designated by it may assign Union inspectors to the ICCAT scheme.
5. For the purposes of paragraph 3, the Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union. The Commission may draw up, in coordination with the Member States concerned, joint inspection programmes to enable the Union to fulfil its obligation under the ICCAT scheme. Member States whose fishing vessels are engaged in the fishery of bluefin tuna shall adopt the necessary measures to facilitate the implementation of those programmes particularly as regards the human and material resources required and the periods when and geographical areas where those resources are to be deployed.
6. Member States shall inform the Commission by 1 April of each year of the names of the inspectors and the inspection vessels they intend to assign to the ICCAT scheme during the year. Using that information, the Commission shall draw up, in collaboration with the Member States, a plan for the Union participation in the ICCAT scheme each year, which it shall send to the ICCAT Secretariat and the Member States.
Inspections in the event of infringements
The flag Member State shall ensure that a physical inspection of a fishing vessel flying its flag takes place under its authority in its ports, or by an inspector designated by it when the fishing vessel is not in one of its ports, if the fishing vessel:
(a)
failed to comply with the recording and reporting requirements set out in Articles 31 and 32; or
(b)
committed a breach of this Regulation or a serious infringement referred to in Article 42 of Regulation (EC) No 1005/2008 or in Article 90 of Regulation (EC) No 1224/2009.
Cross-checks
1. Each Member State shall verify information and timely submission of inspection and observer reports, VMS data and, where appropriate, e-BCDs, logbooks of their fishing vessels, transfer and transhipment documents and catch documents, in accordance with Article 109 of Regulation (EC) No 1224/2009.
2. Each Member State shall carry out cross-checks on all landings, all transhipments or caging between the quantities by species recorded in the fishing vessel logbook or quantities by species recorded in the transhipment declaration and the quantities recorded in the landing declaration or caging declaration, and any other relevant document, such as invoices or sales notes.
Enforcement
Without prejudice to Articles 89 to 91 of Regulation (EC) No 1224/2009 and in particular the duty of the Member States to take appropriate enforcement measures with respect to a fishing vessel, the Member State responsible for a farm for bluefin tuna shall take appropriate enforcement measures with respect to the farm, where it has been established, in accordance with national law that the farm does not comply with Articles 46 to 56 of this Regulation. Depending on the gravity of the offense and in accordance with the relevant provisions of national law such measures may include, in particular, suspension or withdrawal of the authorisation,fines or both. Member States shall communicate any suspension or withdrawal of an authorisation to the Commission, which shall notify it to the ICCAT Secretariat with a view to modifying the ‘record of bluefin tuna farming facilities’ accordingly.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
