Proposal for a COUNCIL REGULATION establishing a multi-annual recovery Plan for Bluefin tuna in the Eastern Atlantic and Mediterranean - Presidency compromise - Montesquieu Instituut

 

COUNCIL OFBrussels, 5 October 2007

THE EUROPEAN UNIONPUBLIC

11828/4/07 REV 4 (en)

LIMITE

Interinstitutional File:

2007/0058 (CNS)

PECHE 233

WORKING DOCUMENT

from:

Presidency

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

• - 

  Presidency compromise

This revised Presidency compromise reflects the state of play after discussions in the Working Party

on 4 October 2007*.

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, xxx COM(2007) yyy final

Proposal for a

COUNCIL REGULATION

Establishing a multi-annual recovery plan for Bluefin tuna in the Eastern Atlantic and

Mediterranean1

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty establishing the European Community and in particular Article 37

thereof;

-

Having regard to the proposal from the Commission;

Having regard to the opinion of the European Parliament

Whereas:

(1) The Community has, since 14 November 1997, been a Party to the International Convention for the Conservation of Atlantic Tunas

2

(4) In order to comply with the international obligations following the recommendation of ICCAT, the ICCAT recovery Plan for bluefin tuna in the Eastern Atlantic and 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

5.

(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:

CHAPTER I

The objective of that recovery plan shall be to achieve a biomass corresponding to the maximum

sustainable yield (Bmsy) with greater than 50% probability.

Article 2

Definitions

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, including fish processing vessels, transport vessels, tugboats 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

land,

(e) "Tuna trap" means fixed gear anchored to the bottom usually containing a guide net that leads fish into an enclosure;

(i) "Transhipment" means the unloading of all or any of the bluefin tuna on board a fishing vessel to another fishing vessel;

(j) "Processing vessel" means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to their packaging: filleting or slicing, freezing and/or transformation;

(k) "Sport fishery" means a non-commercial fishery whose participants adhere to a national sport organisation or are issued with a national sport licence;

(l) "Recreational fishery" means a non-commercial fishery whose participants do not adhere to a national sport organisation or are not issued with a national sport licence;

(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).

(n) "Transport vessel" means a vessel receiving wild individuals and transporting them to fattening or farming farms.

CHAPTER II

FISHING OPPORTUNITIES

Article 3

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,

Article 4

• 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.6

• 2. 

  Each Member State shall draw up an annual fishing plan7 for the vessels fishing for bluefin tuna

in the Eastern Atlantic and Mediterranean.

• 3. 

  The annual fishing plan shall:

(a)8 identify, inter alia, the vessel or vessels that will engage in this fishery and the intended

number of fishing days those vessels will spend in the Eastern Atlantic and

Mediterranean;

(b) represent the total fishing effort to be deployed in the Eastern Atlantic and Mediterranean

in relation to the fishing opportunity on the bluefin tuna available to the Member States

making the notification.

4.9 No later than 31 January 1 March 10 each year the annual fishing plan shall be transmitted to

the Commission. Any subsequent modification to the annual fishing plan shall be transmitted to the

Commission at least 3010 days before the exercise of the activity corresponding to that

modification.

• 5. 

  No later than 31 January, Member States shall report to the Commission on the implementation

of their annual fishing plans for the preceding year. Those reports shall include:

(a) the number of vessels actually engaged in fishing activities on bluefin tuna in the

-

Eastern Atlantic and Mediterranean;

(b) the catches of each vessel and

(c) the total number of days each vessel fished in the Eastern Atlantic and Mediterranean.

• 6. 

  Each Member State may allocate its bluefin tuna quota to its fishing vessels and traps authorised

to fish actively for bluefin tuna.

• 67. 

  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 and by the ICCAT Commission11.

• 78. 

  Before 30 August 1 March each year, Member States shall send to the Commission the

information on any private trade arrangements between its nationals and a CPC [remaining text

deleted].

• 89. 

  The information referred to in paragraph 68 shall contain the following elements:

(a) the list of all the fishing vessels flying the flag of the Member State authorised to

1011. The Commission shall ensure that the percentage of a CPC's quota for bluefin tuna that may

be used for chartering of Community fishing vessels in accordance with Article 8b of Regulation

(EC) no1936/2001 shall not exceed 60%, 40% and 20% of the total quota in 2007, 2008, 2009,

respectively.

1112. Chartering of Community fishing vessels for bluefin tuna in the East Atlantic and

Mediterranean shall be prohibited in 2010 and the following years12.

1213. Each Member State shall ensure that the number of its bluefin tuna fishing vessels chartered

and the duration of the charter shall be commensurate with the quota allocated to the charter

nation."

CHAPTER III

TECHNICAL MEASURES

Article 5

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° N.

Article 6

Use of planes

The use of airplanes or helicopters for searching for bluefin tuna in the Convention Area shall be

prohibited.

Article 7

Minimum size13

• 1. 

  The minimum size for bluefin tuna in the East Atlantic and in the Mediterranean Sea shall be 30

kg or 115 cm.

• 2. 

  By derogation from paragraph 1 and without prejudice to Article 10, a minimum size for 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.

3.14 For purpose of paragraph 2(a), 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

• 5. 

  For purpose of paragraph 2(a), no more than 10% of the Community quota for bluefin tuna

between 8 kg or 75 cm and 30 kg or 115 cm shall be allocated among the authorised vessels

referred to in paragraphs 3 and 4, 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 between 8 and 30 kg may be

allocated among its coastal artisanal fishery for fresh fish in the Eastern Atlantic15. The Council,

acting by qualified majority on a proposal from the Commission, shall decide on the allocation of

the Community quota among Member States.

• 7. 

  The additional specific conditions for bluefin tuna caught in the Eastern Atlantic by bait boats,

trolling boats and pelagic trawlers are set out in Annex I.

Article 8

Sampling plan for bluefin tuna

• 1. 

  Each Member State shall establish a sampling programme for the estimation of the numbers-at-

size of the bluefin tuna captured.

• 2. 

  Sampling by size in cages shall be carried out on a sample of 100 specimens per 100 tonnes of

live fish or on a sample of 10% of the total number of fish placed in a cage. The size sample, on

Article 9

By-catch

• 1. 

  A by-catch of maximum 8 % of bluefin tuna weighing less than 30 kg and no less than 10 kg16

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

State.

• 4. 

  Landings of by-catch of bluefin tuna shall be subject to Articles 14 and 18(1).

Article 10

Recreational fisheries

• 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

charitable purposes.

Article 11

Sport fisheries

• 1. 

  Each Member State shall take the necessary measures to regulate sport fishing, notably by

fishing authorisations.

• 2. 

  The marketing of bluefin tuna caught in sport fishing competitions shall be prohibited except for

charitable purposes.

• 3. 

  Each Member State shall record catch data from sport 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.

CHAPTER IV

CONTROL MEASURES

Article 12

Register of vessels authorised to fish actively for bluefin tuna

• 1. 

  By 31 January 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.

Article 13

Register of tuna traps authorised to fish for bluefin tuna

• 1. 

  By 31 January 2008, each Member State shall send the Commission electronically a list of its

authorised tuna traps authorised to fish for bluefin tuna in the Eastern Atlantic and Mediterranean

Sea by issue of a special fishing licence. The list shall include the name of the traps and the register

number.

• 2. 

  The Commission shall send the list to the ICCAT Executive Secretariat so that these tuna traps

can be entered on the ICCAT record of tuna traps authorised to fish for bluefin tuna.

• 3. 

  Community tuna traps not entered into the ICCAT record may not fish for, retain, tranship or

land bluefin tuna in the Eastern Atlantic and Mediterranean Sea.

• 4. 

  Article 8a (2), (4), (6), (7) and (8) of Regulation (EC) No 1936/2001 shall apply mutatis

mutandis.

Article 14

Designated ports

• 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.

• 4. 

  This provision shall apply to landings or transhipments by bait boats, trolling boats and pelagic

trawlers having caught bluefin tuna in the Eastern Atlantic in accordance with the specific

conditions set out in Annex I.

Article 15

Recording requirements

• 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:

(a) where the catch is taken on board or transferred into cages:

• - 

  the date and the time of the catch taken in a joint fishing operation,
• - 

  the location (longitude/latitude) of the catch taken in a joint fishing operation,
• - 

  amount of catches of bluefin tuna taken on board, or transferred into cages,
• - 

  the name and international radio call sign of the fishing vessel ,

(b) for those vessels, engaged in a joint fishing operation but not involved in the transfer of

fish:

• - 

  the date and the time of the joint fishing operation,
• - 

  the location (longitude/latitude) of the joint fishing operation,
• - 

  state that no catches have been taken on board or have been transferred into cages
• 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.

Article 17

Catch reports

• 1. 

  The master 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 which

vessel or vessels the catches shall be counted against the quota of the Flag State(s).

• 3. 

  From 1 June of each year, the master of a fishing vessel shall transmit the catch report on the

quantity of bluefin tuna, including zero catch returns on a five days basis.

• 4. 

  Each Member State shall, upon receipt, forward catch reports by electronic means or other
• 5. 

  Member States shall inform the Commission, by computer-readable form, before the fifteenth

day of each month, of the quantities of bluefin tuna caught in the Eastern Atlantic and

Mediterranean Sea which have been landed, transhipped, trapped or caged by the vessel flying their

flag during the preceding month. The Commission shall promptly forward that information to the

ICCAT Secretariat.

Article 18

Landings

• 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.

• 2. 

  Prior to entry into any port, the master of the receiving vessel (catching vessel or processing

vessel) or his representative, shall provide the competent authorities of the Member State whose

port he wants to use at least 48 hours before the estimated time of arrival with the following:

(a) estimated time of arrival,

(b) estimated quantity of bluefin tuna retained on board,

(c) information on the geographical areas where the catches of bluefin tuna to be

transhipped were taken,

(d) the name of the catching vessel which delivers the bluefin tuna and its number in the

ICCAT record of authorised fishing vessels for bluefin tuna,

• e) 

  the name of the receiving vessel, its number in the ICCAT record of authorised fishing

vessels for bluefin tuna,

• f) 

  the tonnage of bluefin tuna to be transhipped.
• 3. 

  Catching fishing vessels shall not be allowed to tranship, unless they have obtained prior

authorisation from their flag State.

• 4. 

  The master of the catching vessel shall, before the transhipment starts, inform its flag State of the

following:

(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

• 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.

Article 20

Caging operations

• 1. 

  The Member State under whose jurisdiction the fattening or farming farm for bluefin tuna is

located shall submit within one week of the completion of the caging operation a caging report,

validated by an observer, to the Member State or CPC whose flag vessels have fished the tuna and

to the Commission. The Commission shall promptly forward that information to the ICCAT

Secretariat. This report shall contain the information included in the caging declaration as referred

to in Article 4 b of Regulation (EC) No 1936/2001.

• 2. 

  When the fattening or farming farms are located in the High Seas, paragraph 1 shall apply,

mutatis mutandis, to Member States where the natural or legal persons responsible for fattening or

farming farms are established.

• 3. 

  Before any transfer into cage, the flag Member State or the flag CPC of the catching vessel shall

be informed by the competent authority of the fattening or farming farm Member State of the

transfer into cage of quantities caught by fishing vessels flying its flag.

• 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.

Article 21

Trap activities

• 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.

Article 22

Control in port or in farm17

• 1. 

  Member States shall take the necessary measures to ensure that all vessels referred to in the

ICCAT Record of vessel authorised to fish for bluefin tuna entering a designated port to land and/or

tranship bluefin tuna caught in the Eastern Atlantic and Mediterranean Sea are submitted to a

control in port.

• 2. 

  Member States shall take the necessary measures to control each caging operation in the

Article 23

Cross- check

• 1. 

  Member States shall verify, including by using VMS (vessel monitoring system) data, the

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 sales notes.

Article 24

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

Community.

• 2. 

  Member States whose fishing vessels are authorised to fish bluefin tuna in the Eastern Atlantic

and Mediterranean Sea shall assign inspectors and carry out inspections at sea under the Scheme.

• 3. 

  The Commission or a body designated by it may assign Community inspectors to the Scheme.
• 5. 

  Member States shall inform the Commission by 1 April of each year of the names of the

inspectors and the inspection vessels they are intending to assign to the Scheme during the

following year. Using this information the Commission shall draw up, in collaboration with the

Member States, a forward plan for Community participation in the Scheme each year, which it shall

send to the ICCAT Secretariat and the Member States.

Article 25

Observer programme

• 1. 

  Each Member State shall ensure observer coverage on its fishing vessels over 15m in length for

at least:

(a) 20% of its active purse seine vessels. In the case of joint fishing operations, an observer

shall be present during the fishing operation,

(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

The observer 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 based on the instructions from the Standing Committee on Research and

Statistics of ICCAT.

Article 26

Enforcement

• 1. 

  Member States shall take enforcement measures with respect to a fishing vessel flying their flag,

where it has been established, in accordance with their law that the vessel does not comply with

Articles 4, 5, 7, 14, 15, 16, 17, 19. The measures may include in particular, depending on the

gravity of the offence and in accordance with their national law:

(a) fines,

(b) seizure of illegal fishing gear and catches,

(c) sequestration of the vessel,

(d) suspension or withdrawal of authorisation to fish,

(e) reduction or withdrawal of the fishing quota, if applicable.

• 2. 

  Each Member State under whose jurisdiction the bluefin tuna farm is located shall take

enforcement measures with respect to that farm, where it has been established, in accordance with

Article 27

Market measures

• 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. Based on the information received by the ICCAT

Secretariat, the Commission shall inform all the Member States that a quota of a CPC is exhausted.

• 3. 

  Community trade, imports, landings, processing, exports from fattening or farming farms that do

not comply with ICCAT Recommendation 2006 [07] on bluefin Tuna Farming shall be prohibited.

Article 28

Conversion factors

The conversion factors adopted by the Standing Committee on Research and Statistics of ICCAT

CHAPTER V

FINAL PROVISIONS

Article 30

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.

Article 31

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

The President

Annex I

Specific conditions applying to bait boat, trolling boat and pelagic trawler fisheries in the

Eastern Atlantic

• 1. 

  (a) Each Member State shall ensure that vessels to which a special fishing permit 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 register20. 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 1 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 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

• 3. 

  By way of derogation from the provision of Article 7 of Regulation (EEC) No 2847/93, the

master of a Community vessel referred to in paragraph 1 and 2 or his representative must notify the

competent authority of the Member State (including the competent authority of their flag State) or

of the CPC in whose ports or landing facility they whish to use at least 4 hours before the estimated

time of arrival at the port, of the following:

(a) estimated time of arrival,

(b) estimate of quantity of bluefin tuna retain on board,

(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

Annex II

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.

• 4. 

  Fishing gear:
• 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:
• 6. 

  Species identification:
• a) 

  by FAO code
• b) 

  round (RWT) weight in kg per day
• 7. 

  Master signature

ANNEX III

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: Flag:

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

TRANSHIPMENT/TRANSFER

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

of unit of of of of of of

Master's signature

Date:

Place/Position:

Authorisation CP No.

Transfer vessel Master's signature:

Name of receiver vessel:

Flag

ICCAT Register No.

IMO No.

Master's signature

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

tug/processing/transport)

• 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

operate

• 4. 

  The original of the transfer/ transhipment declaration has to be kept by the recipient vessel which holds the fish,

ANNEX IV

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

immediately once it has finished such operations. The master 21 of the vessel shall permit the

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

arrangements.

• 9. 

  (i) Contracting Governments shall inform the ICCAT Commission by the 1st of March
• 10. 

  (i) The fishing gear shall be inspected in accordance with the regulations in force for the

subarea in which the inspection takes place. The inspector will state the nature of this

violation in this report.

(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,

Part II).

ICCAT Pennant: