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Regulation (EU) 2023/2053 Section 5 — Observer programmes

Article 38–Article 39 · 2 articles

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

National observer programme

Article 38

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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

Article 39

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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.

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