COUNCIL OFBrussels, 13 July 2007
THE EUROPEAN UNIONPUBLIC
to: Working Party on Internal Fisheries Policy
No. Cion prop.: 8308/07 PECHE 100 - COM(2007) 169 final Subject :
Proposal for a COUNCIL REGULATION establishing a multi-annual recovery Plan for Bluefin tuna in the Eastern Atlantic and Mediterranean
Delegations will find enclosed a Presidency working paper elaborated in consultation with the
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, xxx COM(2007) yyy final
Proposal for a
Establishing a multi-annual recovery plan for Bluefin tuna in the Eastern Atlantic and
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community and in particular Article 37
Having regard to the proposal from the Commission;
Having regard to the opinion of the European Parliament1
(1) The Community has, since 14 November 1997, been a Party to the International Convention for the Conservation of Atlantic Tunas
Mediterranean was implemented on a provisional basis in Regulation (EC) No643/2007 of 11 June 2007 amending Regulation (EC) N° 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas
3 pending the adoption of a Council Regulation implementing multi-annual measures
to recover the bluefin tuna stock in 2007.
(5) It is therefore necessary to implement the ICCAT recovery plan on a permanent basis by means of a Council Regulation establishing a recovery plan as provided for in Article 5 of Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy
4, which will apply
from 1 January 2008.
(6) Some technical measures adopted by ICCAT for bluefin tuna have now been incorporated in Community law as Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of Highly Migratory species and repealing Regulation (EC) No 973/2001
(7) For the sole purpose of their financing until 31 December 2014, the measures for the implementation of the ICCAT recovery plan adopted under this Regulation as well as those provisionally adopted under Regulation (EC) No 643/2007, should be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 2371/2002 with effect from the date of the entry into force of Regulation (EC) No 643/2007.
(8) The adoption of new technical measures adopted by ICCAT for bluefin tuna and the updating of those in force since the adoption of the above regulation require the deletion of some provision of Regulation (EC) No 520/2007 and their replacement by this Regulation.
HAS ADOPTED THIS REGULATION:
For the purpose of this Regulation, the following definitions shall apply:
a)"CPCs" means Contracting Parties to the International Convention for the Conservation of the Atlantic Tuna and Cooperating Non-Contracting Parties, Entities or Fishing Entities;
b)"Fishing vessel" means any vessel used or intended for use for the commercial exploitation of tuna resources, included fish processing vessels and vessels engaged in transhipment;
c)"Joint fishing operation" means any operations between two or more vessels flying the flag of different CPCs or of different Member States where the catch of one vessel is attributed in total or in part to one or more other vessels;
d)"Transfer activities" means any transfer of bluefin tuna:
(i) from the fishing vessel to the end fattening bluefin tuna farm, including for the fish dead or escaped during the transport,
(ii) from a bluefin tuna farm or a tuna trap to a processing vessel, transport vessel or to
e)"Tuna trap" means fixed gear anchored to the bottom usually containing a guide net that leads fish into an enclosure;
f)"Caging" means that bluefin tuna is not taken on board and includes both, fattening and farming;
m)"Task II" means Task II as defined by the International Commission for the Conservation of the Atlantic Tunas (ICCAT) in the "Field manual for statistics and sampling Atlantic tunas and tuna-like fish" (Third edition, ICCAT, 1990).
Total Allowable Catches (TACs)
The TACs, fixed by ICCAT for Contracting Parties, for the bluefin tuna stock in the Eastern
Atlantic and Mediterranean shall be as follows:
in 2008: 28.500 tonnes,
in 2009: 27.500 tonnes,
in 2010: 25.500 tonnes.
However, where in the framework of ICCAT new TAC levels are agreed, the Council, acting by a
qualified majority on a proposal from the Commission, shall adjust the TACs provided for in the
first paragraph accordingly.
1.Each Member State shall take the necessary measures to ensure that the fishing effort of its
vessels is commensurate with the fishing opportunities on bluefin tuna available to that Member
State in the Eastern Atlantic and Mediterranean.
a.the number of vessels actually engaged in fishing activities on bluefin tuna in the Eastern Atlantic
b . the catches of each vessel and
c.the total number of days each vessel fished in the Eastern Atlantic and Mediterranean.
5.Each Member State may allocate its bluefin tuna quota to its fishing vessels and traps authorised
to fish actively for bluefin tuna.
6.. Private trade arrangements between nationals of a Member State and a CPC in order to use a
fishing vessel flying the flag of that Member State for fishing in the framework of a tuna quota of a
CPC, shall be conducted only under authorisation by the Member State concerned which shall
inform the Commission.
Closed fishing season
1.Bluefin tuna fishing shall be prohibited in the East Atlantic and Mediterranean by large- scale pelagic longline vessels over 24 m during the period from 1 June to 31 December with the exception of the area delimited by West of 10°W and North of 42°
2.Purse seine fishing for bluefin tuna shall be prohibited in the East Atlantic and Mediterranean during the period from 1 July to 31 December.
bluefin tuna (Thunnus thynnus) of 8 kg or 75 cm shall apply for the following bluefin tunas:
(a) bluefin tuna caught in the Eastern Atlantic by bait boats, trolling boats and pelagic trawlers;
(b) bluefin tuna caught in the Adriatic Sea for farming purposes.
3.The Council, acting by qualified majority on a proposal from the Commission, shall determine
the maximum number of bait boats, trolling boats authorised to fish bluefin tuna and pelagic
trawlers authorised to fish bluefin tuna as by-catch.
The number of bait boats and trolling boats is set at the number of Community vessels participating
in directed fishery for bluefin tuna in 2006. The number of pelagic trawler vessels is set at the
number of Community vessels authorised to fish bluefin tuna as by-catch in 2007.
4.The Council, acting by qualified majority on a proposal from the Commission, shall distribute
among the Member States the number of vessels determined in accordance with paragraph 1.
5.No more than 10% of the Community quota for bluefin tuna shall be allocated among the
authorised vessels referred to in paragraphs 1 and 2, with up to a maximum of 200 tonnes of
bluefin tuna weighing no less than 6,4 kg or 70 cm caught by bait boat vessels of an overall length
of less than 17 m.
The Council, acting by qualified majority on a proposal from the Commission, shall decide on the
allocation of the Community quota among Member States.
6.No more than 2% of the Community quota for bluefin tuna may be allocated among its coastal
artisanal fishery for fresh fish.
The Council, acting by qualified majority on a proposal from the Commission, shall decide on the
allocation of the Community quota among Member States.
4.Sampling shall be carried out during a harvest taken at random and shall cover all cages. The data for sampling carried out each year shall be notified to the ICCAT by 31 May of the following year.
1.A by-catch of maximum 8 % of bluefin tuna weighing less than 30 kg and no less than 10 kg
shall be authorised for all fishing vessels, fishing actively or not for bluefin tuna.
2.The percentage mentioned in paragraph 1 shall be calculated either on the basis of the total
by-catch in number of fish per landing of the total bluefin tuna catches of these vessels, or on basis
of its weight equivalence in percentage.
3.By-catch must be deducted from the quota of the flag Member State. The discard of dead fish
from the by-catch shall be prohibited and shall be deducted from the quota of the flag Member
4.Landings of by-catch of bluefin tuna shall be subject to Articles 14 and 18(1).
1.In the framework of recreational fisheries it shall be prohibited to catch, retain on board, tranship
and land more than one individual of bluefin tuna in each sea trip.
2.The marketing of bluefin tuna caught in recreational fishing shall be prohibited except for
3.Each Member State shall record catch data from recreational fishing and transmit this data to the
Commission. The Commission shall forward that information to the Standing Committee on
Research and Statistics of ICCAT.
4.Each Member State shall take the necessary measures to ensure, to the greatest extent possible,
the release of the bluefin tuna caught alive, especially juveniles, in the framework of sport fishing.
Register of vessels authorised to fish for bluefin tuna
1.By 1 April 2008, each Member State shall send the Commission electronically a list of all fishing vessels flying its flag authorised to fish actively for bluefin tuna in the Eastern Atlantic and Mediterranean Sea by issue of a special fishing permit.
2.The Commission shall send this information to the ICCAT Executive Secretariat so that those vessels can be entered on the ICCAT record of vessels authorised to fish for bluefin tuna.
3.Those Community fishing vessels concerned by this Article and not entered into the ICCAT record shall not fish for, retain on board, tranship, transport, transfer or land bluefin tuna in the Eastern Atlantic and Mediterranean Sea.
4.The rules on fishing licences in Article 8a (2), (4), (6), (7) and (8) of Regulation (EC) No
1936/2001 shall apply mutatis mutandis.
Register of tuna traps authorised to fish for bluefin tuna
1.Member States shall designate a place to be used for landing or a place close to the shore
(designated ports) where landing or transhipment operations of bluefin tuna are permitted.
2.Member States shall transmit to the Commission no later than 1 April of each year a list of
designated ports. The Commission shall send this information to the ICCAT Executive Secretariat
before 15 April of each year. Any subsequent changes to the list shall be notified to the Commission
for transmission to the ICCAT Executive Secretariat, at least 15 days before the change shall come
3.It shall be prohibited to land and or tranship from vessels referred to in Article 12 any quantity
of bluefin tuna fished in East Atlantic and Mediterranean Sea at any place other than ports
designated by CPCs and by Member States in accordance with paragraphs 1 and 2.
4.This provision shall not apply to landings or transhipments by bait boats, trolling boats and
pelagic trawlers having caught bluefin tuna in the Eastern Atlantic.
1.In addition to complying with Article 6 and 8 of Regulation (EEC) No 2847/93, the master of a Community fishing vessel referred to in Article 12 shall enter in the logbook, if applicable, the information listed in Annex II.
2.The master of a Community vessel referred to in Article 12 engaged in a joint fishing operation shall record the additional information in its logbook:
vessel(s) and flag State(s) against whose quota the catches shall be counted.
Joint Fishing operations
1.Any joint fishing operations for bluefin tuna involving vessels flying the flag of one or more Member State(s) shall only be authorised with the consent of the flag Member State or flag Member States concerned.
2.At the moment of the application for the authorisation, each Member State shall take the necessary measures to obtain from its fishing vessels participating in the joint fishing operation detailed information concerning the duration of the joint operation, the identity of the operators involved and the allocation key between the vessels for the catches involved.
3.Each Member State shall transmit the information referred to in paragraph 2 to the Commission. The Commission shall promptly forward that information to the ICCAT Secretariat.
1.The masters of a catching fishing vessel referred to in Article 12 shall send to the competent
authorities of his flag Member State a catch report stating the quantities of bluefin tuna caught by
his vessel, including zero catch returns.
2.The catch report shall for the first time be transmitted at the latest at the end of the ten days
after the entry into Eastern Atlantic and Mediterranean Sea or after the beginning of the fishing trip.
In the case of joint operations the master of the catching vessel shall indicate, for each catch, for
1.By way of derogation from Article 7 of Regulation (EEC) No 2847/93, the master of a Community vessel referred to in Article 12 of this Regulation or his representative 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 at least 4 hours before the estimated time of arrival at the port, of the following:
(a) estimated time of arrival,
(b) estimated quantity of bluefin tuna retain on board,
(c) information on the zone where the catches were taken;
2.In the case of landing in a designated port of a Member State other than the flag Member
State, the relevant authority of that Member State shall send a record of the landing to the flag
authority of the vessel, within 48 hours after the landing has ended.
3.This provision shall not apply to landings by bait boats, trolling boats and pelagic trawlers
having caught bluefin tuna in the Eastern Atlantic.
1.By way of derogation from Article 11 of Regulation (EEC) No 2847/93 transhipment at sea of
bluefin tuna in the East Atlantic and Mediterranean Sea shall be prohibited, except for large scale
tuna longline fishing vessels operating in accordance with ICCAT Recommendation2005
establishing a programme for transhipment for large-scale tuna longline fishing vessels, as
authorisation from their flag State.
4.The master of the catching vessel shall, before the transhipment starts, inform its flag State of
(a) the quantities of bluefin tuna to be transhipped,
(b) the date and port of the transhipment,
(c) the name, registration number and flag of the receiving vessel and its number in the ICCAT
record of authorised fishing vessels for bluefin tuna,
(d) the geographical area of the tuna catches
5.The competent authority of the Member State in which port the transhipment takes place
a.inspect the receiving vessel on arrival and check the cargo and documentation related to the
b.send a record of the transhipment to the flag State authority of the catching vessel, within 48
hours after the transhipment has ended.
6.The master of a Community vessel referred to in Article 12 shall complete and transmit the
ICCAT transhipment declaration to the competent authorities of the Member State whose flag the
vessels are flying. The declaration shall be transmitted no later than 15 days after the date of
transhipment in port in accordance with the format set out in Annex III.
1.The Member State under whose jurisdiction the fattening or farming farm for bluefin tuna is
or farming farm Member State to proceed to the seizure of the catches and the release of the fish
into the sea if it considers on receipt of that information that:
(a) the fishing vessel declared to have caught the fish had not sufficient individual quota for
bluefin tuna put into the cage or,
(b) the quantity of fish has not been duly reported and not taken into account for the calculation
of any quota that may be applicable or,
(c) the fishing vessel declared to have caught the fish is not authorised to fish for bluefin tuna.
4.The master of a Community fishing vessel shall complete and transmit to the flag Member
State or to the flag CPC the ICCAT transfer declaration not later than 15 days after the date of
transfer to tug vessels or to the cage, in accordance with the format set out in Annex III. The
transfer declaration shall accompany the transferred fish during transport to the cage.
1.Catches by trap shall be recorded after the end of every fishing operation in tuna traps and
shall be transmitted by electronic means or other means within 48 hours after the end of every
fishing operation to the competent authority of the Member State where the trap is located.
2.Each Member State shall, upon receipt, forward the catch record by electronic means to the
Commission. The Commission shall promptly forward the information to the ICCAT Secretariat.
Control in port or in farm
submission of logbooks and relevant information recorded in the logbooks of their vessels, in the
transfer/transhipment document and in the catch documents.
2.The Member States shall carry out administrative cross-checks on all landings, all
transhipments or caging between the quantities by species recorded in the vessels 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 invoice and/or
ICCAT Scheme of Joint International Inspection
1.The ICCAT Scheme of Joint International Inspection adopted by ICCAT at its Fourth Regular
Meeting (Madrid, November 1975) and set out in Annex IV to this Regulation shall apply in the
2.Member States whose fishing vessels are authorised to fish bluefin tuna in the Eastern Atlantic
and Mediterranean Sea shall assign inspectors to carry out inspections at sea under the Scheme.
3.The Commission or a body designated by it may assign Community inspectors to the Scheme.
4.The Commission or a body designated by it shall coordinate the surveillance and inspection
activities for the Community. It may draw up, in concert with the Member States concerned, joint
inspection programmes for that purpose which will enable the Community to fulfil its obligation
under the Scheme. The Member States whose vessels are engaged in fishery on bluefin tuna shall
adopt the necessary measures to facilitate the implementation of these programmes particularly as
regards the human and material resources required and the periods and zones when these are to be
(b) 20% of its active pelagic trawlers,
(c) 20% of its active longline vessels,
(d) 20% of its active bait boats,
(e) 100% during the harvesting process for tuna traps.
The observer tasks shall be, in particular, to:
(a) monitor a vessel's compliance with this Regulation,
(b) record and report upon the fishing activity,
(c) observe and estimate catches and verify entries made in the logbook,
(d) sight and record vessels which may be fishing contrary to ICCAT conservation measures.
In addition, the observer shall carry out scientific work, such as collecting task II data as defined by
ICCAT, when required by ICCAT, based on the instructions from the Standing Committee on
Research and Statistics of ICCAT.
2.Each Member State under whose jurisdiction the fattening or farming farm for bluefin tuna is
located shall ensure an observer presence during all transfer of bluefin tuna to the cages and all
harvest of fish from the farm.
The observer's tasks shall be, in particular, to:
(a) observe and monitor farming operation compliance in accordance with Article 4a, 4b and 4c
of Regulation (EC) No 1936/2001,
(b) validate the caging report referred to in Article 20,
(c) carry out such scientific work, for example collecting samples, as required by the ICCAT
enforcement measures with respect to that farm, where it has been established, in accordance with
its law that the farm does not comply with Articles 20 and 25(2) of this Regulation and and Articles
4a, 4b and 4c of Regulation (EC) No 1936/2001. The measures may include in particular depending
on the gravity of the offence and in accordance with the national law:
(b) suspension or withdrawal from the fattening farms register,
(c) prohibition of caging or marketing quantities of bluefin tuna.
1.Community trade, landing, imports, exports, placing in cages for fattening or farming, re-
exports and transhipments of Eastern Atlantic and Mediterranean bluefin tuna (thunnus thynnus)
that are not accompanied by accurate, complete, and validated documentation required by this
Regulation shall be prohibited.
2.Community trade, imports, landings, placing in cages for fattening or farming, processing,
exports, re-exports and the transhipment of Eastern Atlantic and Mediterranean bluefin tuna
(thunnus thynnus) caught by fishing vessels whose flag State either does not have a quota, catch
limit or allocation of fishing effort for Eastern Atlantic and Mediterranean bluefin tuna, under the
terms of ICCAT management and conservation measures, or when the flag State's fishing
possibilities are exhausted, shall be prohibited
3.Community trade, imports, landings, processing, exports from fattening or farming farms that
do not comply with ICCAT Recommendation 2006  on bluefin Tuna Farming shall be
Amendments to Regulation (EC) o 520/2007
Regulation (EC) No 520/2007 is amended as follows:
(1) Articles 6 and 11 are deleted;
(2) in Annex IV, the entry concerning bluefin tuna is deleted.
Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Union.
It shall apply from 1 January 2008.
However, Article 29 shall apply from 13 June 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
Specific conditions applying to bait boat, trolling boat and pelagic trawler fisheries in the
1.a) Each Member State shall ensure that vessels to which a special fishing permit referred to in
paragraphs 1 and 2 has been issued are included in a list containing their name and Community fleet
register number (CFR) as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30
December 2003 on the Community fishing fleet register7. Member States shall issue the special
fishing permit only when a vessel has been entered into the ICCAT record of vessels authorised to
fish for bluefin tuna.
b)By 1 April 2008, each Member State shall send to the Commission the list referred to in
paragraph a) and all subsequent amendments in a computer readable form.
c)Amendments to the list referred to in paragraph 4 a) shall be transmitted to the Commission at
least five days prior to the date that the vessel newly inserted in that list enters Eastern Atlantic. The
Commission shall promptly forward amendments to the ICCAT Secretariat.
2.a) It shall be prohibited to land and/or tranship from vessels referred to in paragraph 1 and 2 of
the present Annex any quantity of bluefin tuna fished in East Atlantic at any place other than ports
designated by Member States or by CPCs.
b). Member States shall designate a place used for landing or a place close to the shore (designated
ports) where landing or transhipment operations of bluefin tuna are permitted.
c). Member States shall transmit to the Commission no later than 1 April of each year a list of
c)information on the zone where the catches were taken
4.Each Member State shall implement a catch reporting regime that insures effective
monitoring of the utilisation of each vessel's quota.
5.Bluefin tuna catches may not be offered for retail sale to the final consumer, irrespective of
the marketing method, unless appropriate marking or labelling indicates:
(a) the species, fishing gear used,
(b) the catch area and date.
6.Member States whose bait boats are authorised to fish for bluefin tuna in the East Atlantic shall
institute tail tag requirements as follows:
a)Tail tags must be affixed on each bluefin tuna immediately upon offloading.
b)Each tail tag shall have a unique identification number and be included on bluefin tuna statistical
Specification for logbooks:
Minimum specifications for logbooks
1.The logbook must be numbered by sheets.
2.The logbook must be filled every day (midnight) or before port arrival
3.The logbook must be completed in case of at sea inspections
4.One copy of the sheets must remain attached to the logbook
5.Logbooks must be kept on board to cover a period of one year operation.
Minimum standard information for logbooks:
1.Master name and address
2.Dates and ports of departure, Dates and ports of arrival
3.Vessel name, register number, ICCAT number and IMO number (if available). In case of joint fishing
operations, vessel names, register numbers, ICCAT numbers and IMO numbers (if available) of all the vessels involved
in the operation.
a)type FAO code
b)Dimension (length, mesh size, number of hooks...)
5.Operations at sea with one line (minimum) per day of trip, providing:
a)Activity (fishing, steaming...)
b)Position: Exact daily positions (in degree and minutes), recorded for each fishing operation or at noon when no
fishing has been conducted during this day.
c)Record of catches:
a)by FAO code
b)round (RWT) weight in kg per day
ICCAT TRANSFER/TRANSHIPMENT DECLARATION
Document N° ICCAT TRANSFER/TRANSHIPMENT DECLARATION
Tug/Carrier vessel Fishing Vessel
Name of vessel and radio call sign: Name of the vessel and radio call sign,
Flag State authorization No. Flag State authorisation No.
National Register No. National register No.
ICCAT Register No. ICCAT Register No.
IMO No. External identification:
Fishing logbook sheet No.
Day Month Hour Year|2_|0_|__|__| F.V Master's name: Tug/Carrier Master's name: LOCATION OF
Departure |__|__| |__|__| |__|__| from |__________|
Return |__|__| |__|__| |__|__| to |__________| Signature: Signature:
Tranfer/Transhipment |__|__| |__|__| |__|__| |__________|
For transhipment, indicate the weight in kilograms
In case of transfer of live fish indicate number of unit and live weight
Port Sea Species Number Type Type Type Type Type Type further transfer / transhipments
Authorisation CP No.
Transfer vessel Master's signature:
Name of receiver vessel:
ICCAT Register No.
ICCAT Observer signature (if applicable):
Obligations in case of transfer /transhipment:
1.The original of the transfer/transhipment declaration must be provided to the recipient vessel
2.The copy of the transfer/transhipment declaration must be kept by the correspondent catching fishing vessel
3.Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the vessel to
ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION
The Commission agreed at its Fourth Regular Meeting (Madrid, November 1975) that:
Pursuant to paragraph 3 of Article IX of the Convention, the ICCAT Commission recommends the
establishment of the following arrangements for international control outside the waters under
national jurisdiction for the purpose of ensuring the application of the Convention and the measures
in force there under:
1.Control shall be carried out by inspectors of the fishery control services of Contracting
Governments. The names of the inspectors appointed for that purpose by their respective
governments shall be notified to the ICCAT Commission.
2.Ships carrying inspectors shall fly a special flag or pennant approved by the ICCAT
Commission to indicate that the inspector is carrying out international inspection duties. The names
of the ships so used for the time being, which may be either special inspection vessels or fishing
vessels, shall be notified to the ICCAT Commission, as soon as may be practical.
3.Each inspector shall carry a document of identify supplied by the authorities of the flag state
in a form approved by the ICCAT Commission and giving him on appointment stating that he has
authority to act under arrangements approved by the ICCAT Commission.
4.Subject to the arrangements agreed under paragraph (9), a vessel employed for the time being
in fishing for tuna or tuna-like fishes in the Convention Area outside the waters under national
jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a
ship carrying an inspector unless actually carrying out fishing operations, in which case it shall stop
report of his inspection in a form approved by the ICCAT Commission. He shall sign the report in
the presence of the master of the vessel who shall be entitled to add or have added to the report any
observations which he may think suitable and must sign such observations. Copies of the report
shall be given to the master of the vessel and to the inspector's government who shall transmit
copies to the appropriate authorities of the flag state of the vessel and to the ICCAT Commission.
Where any infringement of the recommendations is discovered the inspector should, where
possible, also inform the competent authorities of the flag state, as notified to the ICCAT
Commission, and any inspection ship of the flag state known to be in the vicinity.
6.Resistance to an inspector or failure to comply with his directions shall be treated by the flag
state of the vessel in a manner similar to resistance to any inspector of that state or a failure to
comply with his directions.
7.Inspector shall carry out their duties under these arrangements in accordance with the rules set
out in this recommendation but they shall remain under the operational control of their national
authorities and shall be responsible to them.
8.Contracting Governments shall consider and act on reports of foreign inspectors under these
arrangements on a similar basis in accordance with their national legislation to the reports of
national inspectors. The provisions of this paragraph shall not impose any obligation on a
Contracting Government to give the report of a foreign inspector a higher evidential value than it
would possess in the inspector's own country. Contracting Governments shall collaborate in order to
facilitate judicial or other proceedings arising from a report of an inspector under these
subarea in which the inspection takes place. The inspector will state the nature of this violation in
(ii) Inspectors shall have the authority to inspect all fishing gear in use or that fishing gear on
deck ready for use.
11.The inspector shall affix an identification mark approved by the ICCAT Commission to any
fishing gear inspected which appears to be in contravention of the ICCAT Commission's
recommendations in force in relation to the flag state of the vessel concerned and shall record this
fact in his report.
12.The inspector may photograph the gear in such a way as to reveal those features which in his
opinion are not in conformity with the regulation in force, in which case the subjects photographed
should be listed in the report and copies of the photographs should be attached to the copy of the
report to the flag state.
13.The inspector shall have authority, subject to any limitations imposed by the ICCAT
Commission, to examine the characteristics of catches, to establish whether the ICCAT
Commission's recommendations are being complied with. He shall report his findings to the
authorities of the flag state of the inspected vessel as soon as possible. (Biennial Report 1974-75,