Regulation (EU) 2017/2107 is amended as follows:
(1)
Article 4 is amended as follows:
(a)
the following point is inserted:
‘(2a)
“billfish” means species of the Istiophoridae family managed by ICCAT;’;
(b)
point (20) is replaced by the following:
‘(20)
“support vessel” means a vessel other than a craft carried on board that is not equipped with operational fishing gear and that facilitates, assists or prepares fishing activities, including by supplying a catching vessel and deploying, servicing and retrieving a fish-aggregating device;’;
(c)
the following point is inserted:
‘(23a)
“floating object” or “FOB” means any natural or artificial floating (i.e. surface or subsurface) object with no capability of moving on its own; fish-aggregating devices (FADs) are FOBs that are human-made and intentionally deployed and/or tracked; logs are FOBs that are accidently lost from anthropic and natural sources;’;
(d)
point (24) is replaced by the following:
‘(24)
“fish-aggregating device” or “FAD” means a permanent, semi-permanent or temporary object, structure or device of any material, human-made or natural, which is deployed or tracked, and used to aggregate fish for subsequent capture; FADs can either be anchored (aFADs) or drifting (dFADs);’;
(e)
the following point is inserted:
‘(24a)
“FAD set” means setting fishing gear around a tuna school associated with a FAD;’;
(f)
the following point is inserted:
‘(27a)
“shallow-set longlines” means longlines in which, when deployed, the majority of hooks are at a depth of less than 100 metres;’;
(g)
the following points are added:
‘(30)
“circle hook” means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape; circle hooks should have an offset of no more than 10 degrees;
(31)
“operational buoy” means any instrumented buoy, previously activated, switched on and deployed at sea, which transmits position and any other available information such as echo-sounder estimates.’;
(2)
the following article is inserted:
‘Article 5a
Capacity limitation for tropical tuna
1. By 31 January of each year, Member States shall establish annual fishing and capacity management plans for tropical tuna.
2. The Member States shall ensure that their overall longline and purse seine fleet capacity is managed in accordance with the annual fishing and capacity management plans referred to in paragraph 1, in particular to limit catches of tropical tuna, consistent with the catch limits established under Union law.
3. Member States shall not increase their number of support vessels from the numbers recorded in June 2023.
4. Member States shall report to the Commission the dates on which their entire catch limit of tropical tuna species has been utilised. The Commission shall promptly send that information to the ICCAT Secretariat.
5. For Union purse seiners and large longline vessels (20 metres in length overall or greater), Member States shall report tropical tuna catches on a monthly basis to the Commission, increasing to weekly when 80 % of their catch limits have been caught.
6. Every 3 months, Member States shall report to the Commission information on the quantity of tropical tunas by species caught by the vessels flying their flag within 15 calendar days of the end of the period during which the catches were made, namely by 15 April, 15 July and 15 October of each year and by 15 January of the following year, unless such information is sent on a monthly basis to the Commission. That information, whether sent every 3 months or on a monthly basis, shall be sent using the aggregated catch data report format. The Commission shall send that information to the ICCAT Secretariat by 30 April, 30 July and 30 October of each year and by 30 January of the following year.’
;
(3)
the following article is inserted:
‘Article 6a
Prohibition on discards of tropical tunas caught by Union purse seiners
1. Union purse seiners that are authorised to fish tropical tuna, shall retain on board, land or tranship at port all tropical tunas caught.
2. Tropical tuna caught by a Union purse seiner shall not be discarded during the set once the net is completely closed and more than half of the net has been retrieved. If there is a technical problem with the closing or retrieval procedure of the net such that that prohibition cannot be applied, the masters, or the crew members on their behalf, shall make every effort to release the tunas into the water as quickly as possible.
3. By way of derogation from paragraph 1, tropical tunas may be discarded in the following cases:
(a)
where the master determines that the tropical tunas caught are meshed or crushed in the purse seine, are damaged due to depredation, or have died and decomposed in the net due to a gear failure that has prevented the normal activities of retrieval of the net, fishing and releasing the fish alive;
(b)
where the master determines that the tropical tunas have been caught during the last set of a trip and there is not enough storage capacity to store the tunas caught during this set; those fish may only be discarded provided that:
(i)
the master or the crew members attempt to release the tunas alive as quickly as possible; and
(ii)
no other fishing operation is conducted following the discarding, until such time as the tunas on board the vessel are landed or transhipped.
4. The masters of the fishing vessels shall report all discards observed to the flag Member States of the vessels. Member States shall send the discard reports to the Commission as part of Task I and II data.’
;
(4)
in Article 7, paragraph 2 is replaced by the following:
‘2. Large-scale fishing vessels not entered into the ICCAT record of authorised tropical tuna vessels, including support vessels, shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land tropical tunas from the ICCAT Convention area, or to carry out any kind of support to those activities, including deploying and retrieving FADs or buoys. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.
3. Union fishing vessels not authorised to fish tropical tunas pursuant to Article 6, may be allowed to retain on board, tranship, transport, process or land by-catch of tropical tunas in accordance with a maximum on-board by-catch limit established for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit allowed for the vessels flying their flag and information about how they ensure compliance with that limit.’
;
(5)
Article 8 is replaced by the following:
‘Article 8
List of vessels fishing tropical tunas in a given year
Member States shall, by 30 June of each year, submit to the Commission the list of authorised vessels flying their flag which have fished tropical tunas in the ICCAT Convention area or have offered any kind of support to the fishing activity (support vessels) in the previous calendar year. For purse seiners, that list shall also include the support vessels that have supported the fishing activity, irrespective of their flag. The Commission shall, by 31 July of each year, notify the ICCAT Secretariat of the lists received from the Member States.
Article 8a
Underage or overage of bigeye tuna
1. Any unused or excess portion of a Member State’s annual quota or catch limit for bigeye tuna may be added to or shall be deducted from, as appropriate, the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for bigeye tuna.
2. The maximum underage of bigeye tuna that a Member State may carry-over in any given year shall not exceed the amount permitted in that particular year by ICCAT.’
;
(6)
in Article 9, paragraph 4 is replaced by the following:
‘4. Member States shall ensure that no more than 300 FADs per vessel with operational buoys are active at the same time.
5. The number of FADs with operational buoys shall be verified through the verification of telecommunication bills. Such verifications shall be conducted by the competent authorities of the Member State.
6. Member States may authorise purse seiners flying their flag to set on FOBs, provided that the fishing vessel has either an observer or a functioning electronic monitoring system on board which is capable of verifying the set type and species composition and which provides information on fishing activities to the ICCAT Standing Committee on Research and Statistics.’
;
(7)
in Article 10, paragraphs 2 and 3 are replaced by the following:
‘2. When using or designing FADs, Member States shall:
(a)
ensure that all FADs deployed are non-entangling, in accordance with the guidelines set out in Annex X;
(b)
endeavour to ensure that all FADs are constructed from biodegradable materials, such as non-plastics, with the exception of materials used in the construction of FAD tracking buoys.
3. Every year, in their FADs management plans, Member States shall report to the Commission on the steps undertaken to comply with paragraph 2.’
;
(8)
Article 11 is amended as follows:
(a)
in paragraph 2, point (e) is replaced by the following:
‘(e)
log description or FAD identifier (i.e. FAD marking and buoy ID or any information allowing identification of the owner);’;
(b)
in paragraph 2, the following point is added:
‘(g)
buoy ID.’;
(c)
in paragraph 3, point (c) is replaced by the following:
‘(c)
FAD identifier (i.e. FAD marking and buoy ID).’;
(d)
paragraph 4 is replaced by the following:
‘4. Union fishing vessels shall keep a list of deployed FADs containing at least the information set out in Annex III and shall update the list on a monthly basis in accordance with Task II data requirements.’
;
(9)
Article 12 is amended as follows:
(a)
points (b) to (d) are replaced by the following:
‘(b)
the number and type of beacons/buoys (e.g. radio, sonar only, sonar with echo-sounder) deployed on a monthly basis in accordance with Task II data requirements;
(c)
the average number of beacons/buoys activated and deactivated on a monthly basis that have been followed by each vessel;
(d)
average number of lost FADs with active buoys, on a monthly basis;’;
(b)
the following points are added:
‘(f)
purse seiner and baitboat catches, effort and number of sets (for purse seines) by fishing mode (FOB associated schools and free school fisheries) in accordance with Task II data requirements;
(g)
when the activities of purse seiners are carried out in association with baitboats, reports on catches and effort of purse seiners associated to baitboats in accordance with Task I and II data requirements.’;
(10)
Article 14 is replaced by the following:
‘Article 14
Observer coverage and prohibition of FAD deployment in relation with the protection of juveniles
1. Member States shall ensure that vessels flying their flag do not deploy drifting FADs for a period of 15 days prior to the start of the closure periods established under Union law.
2. Member States shall ensure that vessels flying their flag that are authorised to fish tropical tuna establish a minimum observer coverage as follows:
(a)
for their longline vessels 20 metres in length overall or greater, a minimum of 10 % observer coverage of fishing effort by 2022, through the presence of an observer on board in accordance with Annex IV or through an approved electronic monitoring system;
(b)
for their purse seiners, a 100 % observer coverage of fishing effort, through the presence of an observer on board in accordance with Annex IV or through an approved electronic monitoring system.
Member States shall report the information collected by the observers or the approved electronic monitoring system from the previous year by 30 April to the ICCAT Secretariat and to ICCAT Standing Committee on Research and Statistics taking into account the confidentiality requirements referred to in Article 72.’
;
(11)
Article 16 is replaced by the following:
‘Article 16
Identification of IUU fishing
If the ICCAT Executive Secretary notifies the Commission of a possible infringement by Union fishing vessels of Article 7(2) or Article 14(1) or (2), the Commission shall without delay inform the flag Member State concerned. That Member State shall immediately investigate the situation and, if the vessel is fishing in association with objects that could affect fish aggregation, including FADs, during the period of closure, shall request the vessel to stop fishing and, if necessary, to leave the area without delay. The flag Member State concerned shall, without delay, report to the Commission the results of its investigation and the corresponding measures taken. The Commission shall forward that information to the coastal State and to the ICCAT Executive Secretary.’
;
(12)
the title of Title II, Chapter II, is replaced by the following:
‘CHAPTER II
ALBACORE
Section 1
North and South Atlantic albacore
’;
(13)
the following articles are inserted:
‘Article 17a
Specific authorisations for large-scale catching vessels targeting North and South Atlantic albacore
1. Member States shall issue fishing authorisations, in accordance with the provisions laid down in Regulation (EU) 2017/2403 of the European Parliament and of the Council ( *1 ) , to large-scale catching vessels flying their flag to fish North and South Atlantic albacore in the ICCAT Convention area.
2. Large-scale fishing vessels not entered into the ICCAT record of authorised vessels targeting North and South Atlantic albacore shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land North and South Atlantic albacore from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.
3. Union fishing vessels not authorised to fish North and South Atlantic albacore pursuant to paragraph 1, may be allowed to retain on board, tranship, transport, process or land by-catch of North and South Atlantic albacore in accordance with a maximum on-board by-catch limit for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit they allow for vessels flying their flag.
Article 17b
Underage or overage of North and South Atlantic albacore
1. Any unused or excess portion of a Member State’s annual quota or catch limit for North and South Atlantic albacore may be added to or shall be deducted from, as appropriate, the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for North and South Atlantic albacore.
2. The maximum underage of North and South Atlantic albacore that a Member State may carry over in any given year shall not exceed the amount permitted in that particular year by ICCAT.
Article 17c
South Atlantic albacore record of catches
The flag Member States of the vessels that fish South Atlantic albacore shall report their accurate and validated South Atlantic albacore catch to the ICCAT Secretariat as part of Task I and II data referred to in Article 50.
( *1 ) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 ( OJ L 347, 28.12.2017, p. 81 ).’;"
(14)
in Title II, Chapter II, the following section is inserted:
‘
Section 2
Mediterranean albacore
Article 17d
Recreational fisheries for Mediterranean albacore
1. Without prejudice to any prohibition of recreational fisheries under national or Union law, natural or legal persons engaged in recreational fisheries shall not catch, retain on board, tranship or land more than three Mediterranean albacore specimens per vessel per day.
2. It shall be prohibited to market Mediterranean albacore caught in recreational fisheries.
3. Member States shall provide to the Commission and to the ICCAT Secretariat the list of all fishing vessels engaged in recreational fisheries, authorised to fish Mediterranean albacore, at least 15 days before the exercise of the activities. Vessels not included on that list shall not be authorised to fish Mediterranean albacore.’
;
(15)
the following articles are inserted:
‘Article 18a
Specific authorisations for large-scale catching vessels targeting North and South Atlantic swordfish
1. Member States shall issue fishing authorisations, in accordance with the provisions laid down in Regulation (EU) 2017/2403, to large-scale catching vessels flying their flag to fish North and South Atlantic swordfish in the ICCAT Convention area.
2. Large-scale fishing vessels not entered into the ICCAT record of authorised vessels targeting North and South Atlantic swordfish shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land North and South Atlantic swordfish from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.
3. Union fishing vessels not authorised to fish North and South Atlantic swordfish pursuant to paragraph 1 may be allowed to retain on board, tranship, transport, process or land by-catch of North and South Atlantic swordfish in accordance with a maximum on-board by-catch limit for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit they allow for vessels flying their flag.
Article 18b
Underage of North and South Atlantic swordfish
1. Any unused portion of a Member State’s annual quota or catch limit for North and South Atlantic swordfish may be added to the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for North and South Atlantic swordfish.
2. The maximum underage of North and South Atlantic swordfish that a Member State may carry-over in any given year shall not exceed the amount permitted in that particular year by ICCAT.’
;
(16)
the title of Title II, Chapter IV, is replaced by the following:
‘CHAPTER IV
BILLFISH, SAILFISH, BLUE MARLIN, WHITE MARLIN AND ROUNDSCALE SPEARFISH
’;
(17)
Articles 27 to 29 are replaced by the following:
‘Article 27
Release of blue marlin, white marlin and roundscale spearfish caught alive
1. To the extent possible, Union pelagic longline vessels and Union purse seiners shall promptly release all blue marlin ( Makaira nigricans ), white marlin ( Tetrapturus albidus ) and roundscale spearfish ( Tetrapturus georgei ) that are alive at haul-back, giving due consideration to the safety of the crew members, in a manner that causes the least harm and maximises post-release survival.
2. Member States shall encourage the implementation of the minimum standards for safe handling and live release procedures specified in Annex 1 to ICCAT Recommendation 19-05 by producing guidelines for their fleet. For the safe release of live blue marlins, white marlins and roundscale spearfish caught, Union fishing vessels shall have the following readily available on deck and easily accessible by the crew members: a lifting device, bolt cutter, dehooker or disgorger, and a line-cutter.
3. Member States shall ensure that masters and crew members of their fishing vessels are adequately trained, aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all equipment necessary for the release of blue marlins, white marlins and roundscale spearfish in accordance with the guidelines on minimum standards for safe handling and live release procedures referred to in paragraph 2.
4. Member States shall endeavour to minimise the post-release mortality of blue marlins, white marlins and roundscale spearfish in their ICCAT fisheries.
5. Member States may authorise pelagic longline vessels and purse seiners flying their flag to fish and retain on board, tranship or land blue marlins, white marlins and roundscale spearfish that are dead, within their catch limit.
Article 28
Landing of blue marlin, white marlin and roundscale spearfish beyond the fishing opportunities
When a Member State has exhausted its quota, that Member State shall ensure that the landings of blue marlins, white marlins and roundscale spearfish that are dead when brought alongside the vessel are not sold or entered into commerce. Such landings shall not count against that Member State’s catch limits as set out on the basis of the Union landing limit laid down in paragraph 2 of ICCAT Recommendation 19-05, provided that such prohibition is clearly explained in the annual report referred to in Article 71 of this Regulation.
Article 29
Recreational fisheries of blue marlin, white marlin and roundscale spearfish
1. The flag Member States of the vessels engaged in recreational fisheries of blue marlin, white marlin and roundscale spearfish shall maintain a 5 % scientific observer coverage of blue marlin, white marlin and roundscale spearfish tournament landings.
2. In recreational fisheries of blue marlin a minimum conservation size of 251 cm in lower jaw fork length shall apply.
3. In recreational fisheries of white marlin and roundscale spearfish a minimum conservation size of 168 cm in lower jaw fork length shall apply.
4. It shall be prohibited to sell or to offer for sale any part or whole carcass of blue marlin, white marlin or roundscale spearfish caught in recreational fisheries.
5. Member States shall take appropriate measures to ensure that in recreational fisheries any released fish shall be released in a manner that causes the least harm.
Article 29a
Data collection for sailfish
Member States shall collect data on catches of sailfish, including live and dead discards, and report those data annually as part of their Task I and II data submission to support the stock assessment process.
Article 29b
Data collection and reporting for billfish, blue marlin, white marlin and round-scale spearfish
1. Member States shall implement data collection programmes that ensure the reporting of accurate billfish catch, effort, size and discard data to ICCAT in accordance with the ICCAT requirements for the submission of Task I and II data.
2. Member States shall submit to the Commission their billfish check sheets set out in Annex 1 to ICCAT Recommendation 18-05, including information on the actions they have taken domestically to monitor catches and to conserve and manage billfish.
3. The failure to report Task I data, including dead discards, for blue marlin, white marlin and round-scale spearfish in accordance with ICCAT Resolution 01-06 and ICCAT Recommendation 11-15 shall result in a prohibition of retention of those species.’
;
(18)
Article 33 is replaced by the following:
‘Article 33
North Atlantic shortfin mako sharks (Isurus oxyrinchus)
1. North Atlantic shortfin mako sharks caught by Union fishing vessels shall not be harmed and shall be promptly released into the sea to the extent practicable, while giving due consideration to the safety of crew members.
2. Member States shall ensure that vessels flying their flag apply the minimum standards for safe handling and release procedures for North Atlantic shortfin mako shark as set out in Annex IX.
Article 33a
South Atlantic shortfin mako sharks (Isurus oxyrinchus)
1. Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures for South Atlantic shortfin mako shark as set out in Annex IX.
2. Member States shall report every month to the Commission all permissible landings of vessels flying their flag of South Atlantic shortfin mako sharks. Those reports shall be submitted to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of the vessels flying their flag.
3. By 30 June of each year, the flag Member States of vessels that have caught (landings and dead discards) South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programmes.
4. As part of their annual Task I and II data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako sharks, including estimates of dead discards and live releases using the methods approved by the ICCAT Standing Committee on Research and Statistics.
5. Fishing vessels that retain South Atlantic shortfin mako sharks shall not tranship, in part or whole, South Atlantic shortfin mako sharks caught in association with ICCAT fisheries.’
;
(19)
the following article is inserted:
‘Article 36a
Data collection for sharks
1. Member States shall implement data collection programmes that ensure the accurate reporting of sharks catch, effort, size and discard data to ICCAT in accordance with the requirements for the provision of Task I and II data.
2. Member States shall submit to the Commission their shark implementation check sheets set out in Annex 1 to ICCAT Recommendation 18-06, including information on the actions they have taken domestically to monitor catches and to conserve and manage sharks.’
;
(20)
Article 41 is amended as follows:
(a)
the following paragraph is inserted:
‘2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to:
(a)
use only large circle hooks;
(b)
use only finfish bait; or
(c)
use other measures that have been reviewed and considered effective and approved by ICCAT to be capable of reducing the interaction rate of sea turtles in shallow-set longline fisheries.’
;
(b)
paragraph 4 is replaced by the following:
‘4. Member States shall:
(a)
ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, through the use or continued use of at least one of the following by-catch mitigation measures:
(i)
alternative or new gear types and gear modifications;
(ii)
time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles;
(iii)
effective marking of static net gear, allowing their detection by sea turtles, such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net;
(iv)
modifications in fishing behaviour and strategy (e.g. reduced soaking time etc.);
(b)
require purse seiners flying their flag to:
(i)
avoid encircling sea turtles to the extent practicable;
(ii)
release encircled or entangled sea turtles, including on FADs, where feasible; and
(iii)
ensure that FADs deployed are constructed according to Annex X to effectively eliminate entanglement risks of sea turtles;
(c)
take all reasonable steps to ensure the safe release of sea turtles in a manner that maximises the likelihood of their survival by requiring that:
(i)
purse seiners, longline vessels and other types of vessels flying their flag that use gear that may entangle sea turtles, carry on board de-hookers, line-cutters and basket lifts or dip nets, as appropriate for each gear type and consistent with the “Best practices for sea turtle handling and release” of the FAO Guidelines to reduce sea turtle mortality in fishing operations (2009) (“the FAO guidelines”);
(ii)
the owners, operators and crew members of the vessels referred to in point (i), as well as any on-board observers, use the equipment referred to in that point in accordance with the safe handling and release practices for sea turtles set out in Annex VI, and consistent with the FAO guidelines;
(iii)
the owners, operators and crew members of the vessels referred to in point (i) be encouraged to have training in the use of the equipment referred to in that point;
(d)
require their fishers on vessels targeting species covered by the ICCAT Convention to bring aboard, if practicable, any captured sea turtle that is comatose or inactive as soon as possible and foster its recovery, including giving it resuscitation in accordance with Section C of Annex VI before returning it to the water;
(e)
ensure that fishers are aware of and use proper mitigation and handling techniques, as described in Annex VI.
5. Member States shall endeavour to increase the scientific observer coverage of longline fishing vessels in ICCAT fisheries where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, beyond the minimum level of 5 %, to 10 % by 1 January 2024. That increase may be achieved through human observers or electronic monitoring systems, or both.
Notwithstanding the first subparagraph, for vessels of less than 15 metres in length overall, where an extraordinary safety concern could exist that precludes deployment of an on-board observer, a Member State may employ an alternative scientific monitoring approach to collect data equivalent to those specified in this Regulation in a manner that ensures comparable coverage. Alternative approaches implemented pursuant to this subparagraph shall be subject to the approval of ICCAT at the annual meeting prior to their implementation.
6. In the Mediterranean Sea:
(a)
paragraph 2a shall not apply;
(b)
paragraphs 4 and 5 shall apply from 1 January 2026.’
;
(21)
the following article is inserted:
‘Article 44a
Vessel monitoring system
Where fishing vessels have installed tracking devices in accordance with Article 9 of Council Regulation (EC) No 1224/2009, Member States shall ensure that the tracking devices of fishing vessels flying their flag are permanently and continuously operational and that the information is collected and transmitted to the competent authorities of the Member State at least once every hour for purse seiners and at least once every 2 hours for all other vessels targeting ICCAT species.
In the event of technical failure or non-operation of the tracking device fitted on board a Union fishing vessel, the device shall be repaired or replaced as soon as possible and in any case within 1 month of the event, unless the vessel is no longer operating in the ICCAT Convention area. Union fishing vessels shall not start a fishing trip without the tracking device having been repaired or replaced.’
;
(22)
in Article 54, paragraph 4 is replaced by the following:
‘4. The notification referred to in paragraphs 2 and 3 shall reflect the format and layout established by the ICCAT Executive Secretary and shall include the following information:
—
name of vessel, register number,
—
ICCAT record number (if any),
—
IMO number,
—
previous name (if any),
—
previous flag (if any),
—
previous details of deletion from other registries (if any),
—
international radio call sign,
—
type of vessels, length, gross registered tonnage (GRT) and carrying capacity;
—
names and addresses of owners and operators,
—
type of transhipment authorised (i.e. in port, at sea),
—
time period authorised for transhipping.’
;
(23)
the following article is inserted:
‘Article 58a
Health and safety of observers in the ICCAT regional observer programme for transhipment at sea
1. Member States shall ensure that each vessel flying their flag that carries on board an ICCAT regional observer is outfitted with appropriate safety equipment for the entirety of each voyage, including the following:
(a)
a life raft of sufficient capacity for all persons on board and with a certificate of inspection that is valid throughout the observer’s deployment;
(b)
life jackets or survival suits of sufficient number for all persons on board, and compliant with relevant international standards; and
(c)
a properly registered emergency position indicating radio beacon (EPIRB) and a search and rescue transponder (SART) that will not expire until after the observer deployment ends.
2. Each Union fishing vessel carrying an ICCAT regional observer shall develop and implement an emergency action plan (“EAP”) to be followed in the event an observer dies, is missing or presumed fallen overboard, suffers from a serious illness or injury that threatens health, safety, or welfare of the observer, or has been assaulted, intimidated, threatened or harassed. Such an EAP shall include, inter alia, the elements set out in Annex 1 to ICCAT Recommendation 19-10.
3. Each Union fishing vessel carrying an ICCAT regional observer shall submit EAP to the Commission, to be transmitted to ICCAT for posting on the ICCAT website. A new or amended EAP shall be provided to the Commission to be transmitted to ICCAT for posting on the ICCAT website when it becomes available.
4. A Union fishing vessel shall be eligible to carry an ICCAT regional observer only if it has submitted an EAP. Furthermore, if the Commission identifies inconsistencies with the standards set out in Annex 1 to ICCAT Recommendation 19-10 on the basis of the information in the EAP, the Commission may decide that the deployment of an observer on a vessel of the concerned flag Member State shall be delayed until the inconsistency has been sufficiently addressed.’
;
(24)
Article 61 is amended as follows:
(a)
in paragraph 1, point (a) is replaced by the following:
‘(a)
a minimum of 5 % observer coverage of fishing effort in each of pelagic longline, purse seine, baitboat, traps, gillnet and trawl fisheries, targeting ICCAT species’;
(b)
paragraph 2 is replaced by the following:
‘2. The percentage of the observer coverage referred to in paragraph 1, points (a) and (b), shall be calculated as follows:
(a)
for purse seine fisheries, in number of sets or trips;
(b)
for pelagic longline fisheries, in fishing days, number of sets, or trips;
(c)
for baitboat and trap fisheries, in fishing days;
(d)
for gillnet fisheries, in fishing hours or days; and
(e)
for trawl fisheries, in fishing hauls or days.’
;
(25)
Article 63 is replaced by the following:
‘Article 63
Responsibilities of scientific observers
1. Each Member State shall require observers to carry out, in particular, the following tasks:
(a)
record and report on the fishing activity of the observed vessel, which shall include at least the following:
(i)
data collection, including quantifying total target catch, by-catch and discards (including sharks, sea turtles, marine mammals, and seabirds), estimating or measuring size composition, as practicable, disposition status (i.e. retained, discarded dead, released alive) and the collection of biological samples for life history studies (e.g. gonads, otoliths, spines, scales);
(ii)
information on all tags found;
(iii)
fishing operation information, including location of catch by latitude and longitude, fishing effort information (e.g. number of sets, number of hooks), date of each fishing operation, including, as appropriate, the start and stop times of the fishing activity, use of fish aggregating objects, including FADs, and general condition of released animals related to survival rates (i.e. dead or alive, wounded);
(b)
observe and record the use of mitigation measures to reduce incidental catches and other relevant information;
(c)
to the extent possible, observe and report environmental conditions (e.g. sea state, climate and hydrologic parameters);
(d)
observe and report on FADs, in accordance with the ICCAT regional observer programme adopted under the multi-annual conservation and management programme for tropical tuna; and
(e)
perform any other scientific tasks as recommended by the ICCAT Standing Committee on Research and Statistics and agreed by the Commission.
2. Member States shall ensure that observers:
(a)
do not interfere with the electronic equipment of the vessel;
(b)
are familiar with the emergency procedures aboard the vessel, including the location of life rafts, fire extinguishers and first aid kits;
(c)
communicate as needed with the master on relevant observer issues and tasks;
(d)
do not hinder or interfere with the fishing activities and the normal operations of the vessel;
(e)
participate in debriefing sessions with appropriate representatives of the scientific institute or the domestic authority responsible for implementing the observer programme.
3. The master of the vessel to which the observer is assigned shall:
(a)
permit appropriate access to the vessel and its operations;
(b)
allow the observer to carry out the observer tasks in an effective way, including by:
(i)
providing appropriate access to the vessel’s gear, documentation (including electronic and paper logbooks), and catch;
(ii)
communicating at any time with appropriate representatives of the scientific institute or domestic authority;
(iii)
ensuring appropriate access to electronics and other equipment pertinent to fishing, including:
—
satellite navigation equipment,
—
electronic means of communication;
(iv)
ensuring that no one on board the observed vessel tampers with or destroys observer equipment or documentation, obstructs, interferes with, or otherwise acts in a manner that could unnecessarily prevent the observer from performing observer tasks;
(c)
provide accommodation to observers, including berthing, food and adequate sanitary and medical facilities, equal to those of officers;
(d)
provide the observer adequate space on the bridge or pilot house to perform observer tasks, as well as space on deck adequate for carrying out observer tasks.
4. Each Member State shall:
(a)
require vessels flying its flag, when fishing for ICCAT species, to carry a scientific observer in accordance with this Regulation;
(b)
oversee the safety of its observers;
(c)
encourage, where feasible and appropriate, their scientific institute or domestic authority to enter into agreements with the scientific institutes or domestic authorities of other Member States or CPCs for the exchange of observer reports and observer data between them;
(d)
provide in its annual report for use by the Commission and the ICCAT Standing Committee on Research and Statistics, specific information on the implementation of ICCAT Recommendation 16-14, which shall include:
(i)
details on the structure and design of their scientific observer programmes, including, inter alia:
—
the target level of observer coverage by fishery and gear type as well as how it is measured,
—
data required to be collected,
—
data collection and handling protocols in place,
—
information on how vessels are selected for coverage to achieve the Member States’ target level of observer coverage,
—
observer training requirements, and
—
observer qualification requirements;
(ii)
the number of vessels monitored, the coverage level achieved by fishery and gear type, and details on how those coverage levels were calculated;
(e)
following the initial submission of the information required under point (d)(i), report changes to the structure and design of its observer programmes in its annual reports only when such changes occur; and continue to report the information required pursuant to point (d)(ii) to the Commission annually;
(f)
each year, using the designated electronic formats that are developed by the ICCAT Standing Committee on Research and Statistics, report to that committee information collected through domestic observer programmes for use by the Commission, in particular for stock assessment and other scientific purposes, in line with procedures in place for other data reporting requirements and consistent with domestic confidentiality requirements;
(g)
ensure implementation of robust data collection protocols by its observers, when carrying out their tasks referred to in paragraphs 1 and 2, including, as necessary and appropriate, the use of photography.’
;
(26)
in Article 66, the following paragraphs are added:
‘4. Each Member State shall inspect annually at least 5 % of landing and transhipment operations conducted by third-country fishing vessels in its designated ports.
5. Flag Member States shall consider and act on reports of infringements from inspectors of a port State on a similar basis as the reports from their own inspectors, in accordance with Regulation (EU) 2017/2403.’
;
(27)
in Title III, Chapter VII, the following article is inserted:
‘Article 66a
Sighting of vessels
1. Member States shall collect as much information as feasible, through inspection and surveillance operations conducted by their competent authorities in the ICCAT Convention area, when a Union fishing vessel, a third-country fishing vessel or a vessel without nationality is sighted in fishing or fishing-related activities (e.g. transhipment) that are presumed to be engaged in IUU fishing.
2. Member States shall collect information on vessel sightings in accordance with the sighting information sheet set out in the Annex to ICCAT Recommendation 19-09.
3. When a vessel is sighted pursuant to paragraph 1, the Member State concerned (“sighting Member State”) shall without undue delay notify and provide any recorded images of the vessel to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, and:
(a)
if the sighted vessel is flagged to a Member State, the flag Member state shall, without undue delay, take appropriate action with respect to the vessel concerned; both the sighting Member State and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and the European Fisheries Control Agency (EFCA), including details of any follow-up action taken;
(b)
if the sighted vessel is flagged to another CPC, a non-CPC, or is of indeterminate flag or without nationality, the sighting Member State shall, without undue delay, provide to the Commission and the EFCA all appropriate information related to the sighting; the Commission shall, as appropriate, transmit the sighting information to the ICCAT Secretariat.’
;
(28)
the following article is inserted:
‘Article 69a
IUU vessels
Member States shall ensure that vessels included on the ICCAT IUU list are not authorised to land, tranship, re-fuel, re-supply or engage in other commercial transactions.’
;
(29)
in Article 71(1), the date ‘20 August’ is replaced by ‘1 August’;
(30)
Article 73(1) is amended as follows:
(a)
point (a) is replaced by the following:
‘(a)
Annexes I to X;
(aa)
the capacity limitations for tropical tunas under Article 5a related to annual fishing and capacity management plan reporting referred to paragraph 2 of that Article, as well as the number of support vessels referred to in paragraph 3 of that Article’;
(b)
point (b) is replaced by the following:
‘(b)
the time limits laid down in Article 7(1), Article 8, Article 9(1), Article 14(1), Article 18, Article 20(2), (3) and (4), Article 22(2), Article 23(1) and (2), Article 26(1) and (3), Article 40(1), Article 42(1), Article 44(3), Article 47(2), Article 48(1) and (2), Article 50(1) and (2), Article 56(3), Article 57(1), (2) and (3), Article 59(1) and (2), Article 64, Article 65(2), Article 66(1) and (2), Article 67(1) and (2), Article 69(2), Article 70(2), (3) and (5), and Article 71(1);
(ba)
the annual carry-over for bigeye tuna under Article 8a;
(bb)
the requirements for FADs under Article 10(1) and (2);
(bc)
the references to ICCAT recommendations referred to in Article 10(2), Article 28, Article 27(3), Article 29b(2) and (3), Article 36a(2), Article 58a(2) and (4), Article 63(4), point (d), and Article 66a(2);’;
(c)
point (c) is replaced by the following:
‘(c)
the minimum observer coverage under Article 14(2);
(ca)
the restrictions on the number of Union catching vessels targeting North Atlantic albacore under Article 17;
(cb)
the annual carry-over of North and South Atlantic albacore under Article 17b;
(cc)
North Atlantic swordfish management plans under Article 18;
(cd)
the annual carry-over of North and South Atlantic swordfish under Article 18b;’;
(d)
the following points are added:
‘(j)
the requirements to maximise sea turtle survival under Article 41;
(k)
the percentage coverage calculation under Article 61(2).’;
(31)
Annex I is replaced by the text set out in Annex I to this Regulation;
(32)
Annex VI is replaced by the text set out in Annex II to this Regulation;
(33)
the text set out in Annex III to this Regulation is added as Annexes IX and X.