Proposal for a Council Regulation laying down certain technical measures for the conservation of certain stocks of highly migratory species
Date: 2000-06-08
Institutions: European Commission
Subjects: authorised catch, conservation of fish stocks, fishery management, fishery resources, sea fish

C 337 E/78

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Official Journal of the European Communities

28.11.2000

Proposal for a Council Regulation laying down certain technical measures for the conservation of
certain stocks of highly migratory species

(2000/C 337 E/11)

(Text with EEA relevance)

COM(2000) 353 final (cid:15) 2000/0149(CNS)

(Submitted by the Commission on 8 June 2000)

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

approved the United Nations
Convention on the Law of the Sea (1), which contains
principles and rules relating to the conservation and
In the
management of the living resources of the sea.
framework of
the
Community participates in efforts arising in international
waters to conserve fish stocks.

international obligations,

its wider

to Council Decision 86/238/EEC of 9 June
(2) Pursuant
1986 (2),
a
the
European Community
Contracting Party to the International Commission for
the Conservation of Atlantic Tunas, hereinafter called
6the ICCAT Convention7, since 14 November 1997.

been

has

(3) The ICCAT Convention provides a framework for regional
cooperation on the conservation and management of
tunas and tuna-like species in the Atlantic Ocean and
adjoining seas by setting up an International Commission
for the Conservation of Atlantic Tunas, hereinafter called
the 6ICCAT7, and adopting recommendations on conser-
vation and management in the Convention area which
become binding on the Contracting Parties.

(4) The ICCAT has recommended a number of

technical
measures for certain stocks of highly migratory species
in the Atlantic and the Mediterranean, specifying inter
alia authorised sizes and weights of fish, and restrictions
on fishing within certain areas and time-periods, with
certain gears, and on capacity. These recommendations
are binding on the Community and should therefore be
implemented.

(5) Certain technical measures adopted by the ICCAT were
incorporated into Council Regulation (EC) No 1626/94
of 27 June 1994 laying down certain technical measures

(1) OJ L 179, 23.6.1998, p. 1.
(2) OJ L 162, 18.6.1986, p. 33.

for the conservation of fishery resources in the Mediter-
ranean (3) and Council Regulation (EC) No 850/98 of 30
fishery resources
March 1998 for the conservation of
the protection of
for
through technical measures
juveniles of marine organisms (4).
In the interests of
clarity,
together in
this Regulation and the relevant Articles of the above
Regulations should be repealed.

these measures should be brought

(6) To take into account traditional fishing practice in certain
areas, specific provisions on the capture and retention on
board of certain tuna species should be adopted.

(7) The Community has approved the Agreement

for the
establishment of the Indian Ocean Tuna Commission (5).
This agreement provides a useful framework for closer
international cooperation and rational use of tunas and
related species in the Indian Ocean by setting up the
Indian Ocean Tuna Commission, hereinafter called the
6IOTC7, and adopting recommendations on conservation
in the IOTC area which become
and management
binding on the Contracting Parties.

(8) The IOTC has adopted a recommendation laying down
technical measures for certain stocks of highly migratory
species in the Indian Ocean. This recommendation is
binding on the Community and should therefore be
implemented.

(9) The European Community has signed the Agreement on
the International Dolphin Conservation Program (6) and
decided to apply it on a provisional basis (7) pending its
approval. The Community should therefore apply the
provisions laid down in this Agreement.

(10) The objectives of the Agreement include the progressive
reduction of
incidental dolphin mortalities in the tuna
purse-seine fishery in the Eastern Pacific Ocean to levels
approaching zero, by setting annual limits, and the long
term sustainability of the tuna stocks in the Agreement
Area.

(11) Some provisions of

this Agreement were incorporated
into Regulation (EC) No 850/98. These provisions
should be incorporated into this Regulation.

(3) OJ L 171, 6.7.1994, p. 1.
(4) OJ L 125, 27.4.1998, p. 1.
(5) OJ L 236, 5.10.1995, p. 24.
(6) OJ L 132, 27.5.1999, p. 1.
(7) OJ L 147, 12.6.1999, p. 23.

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(12) The Community has fishing interests in the Eastern Pacific
Ocean and has applied to accede to the Inter-American
Tropical Tuna Commission, hereinafter 6IATTC7. Pending
accession, and in accordance with its obligation to
involved in the
cooperate with the other Parties
management
in this
resources
and conservation of
region under the United Nations Convention on the Law
of the Sea, the technical measures adopted by the IATTC
should be applied by the Community. These measures
should therefore be incorporated into Community law.

(18) The control of

fishing using drift-nets therefore poses
special difficulties. Specific provisions for that activity
should be defined.

(19) The consequences of
to constant

fishing using drift-nets must be
subject
the
assessment
necessary data must be collected.

therefore,

and,

(13) In the interests of clarity and efficiency, all

technical
measures applicable to the fishing of certain highly
migratory stocks should, now or at a later date, be
brought together in a Council Regulation. Council Regu-
lation (EC) No 894/97 of 29 April 1997 laying down
conservation of
certain technical measures
fishery resources (1), as last amended by Regulation (EC)
No 1239/98, may therefore be repealed and certain
Articles of Regulation (EC) No 850/98 may be deleted.

the

for

(14) Drift-net

fishing for tuna, swordfish and certain other
species gives rise to by-catches and a risk for the popu-
lations of species other than the target species.

(15) In view of the risk of an uncontrolled expansion of the
fishing effort and the inadequate selectivity of drift-nets,
their use should be prohibited in fisheries for
tuna,
swordfish and certain other species. This ban should be
introduced without delay to avoid any ecological risks.

(16) Community vessels which have fished with drift-nets for
those species are subject to economic constraints necess-
itating a period of adjustment to the new restrictions. The
ban on fishing with drift-nets by these vessels should
therefore be phased in progressively over a reasonably
short time.

rules

1983

down

laying

detailed

(17) Commission Regulation (EEC) No 2807/83 of 22
September
for
recording information on Member States’ catches of
fish (2) does not cover all fisheries concerned by the use
of drift-nets. The general provisions of Council Regulation
(EEC) No 2847/93 of 12 October 1993 establishing a
control
common fisheries
policy (3) concerning logbooks and landing declarations
only applied to the Mediterranean as from 1 January
1999.

system applicable

to the

(20) Where detailed rules on the implementation of this Regu-
lation may be necessary, such rules should be adopted in
accordance with Decision 1999/468/EC of 28 June 1999
laying
exercise of
implementing powers conferred on the Commission (4).

down the procedures

the

for

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down technical conservation measures
applicable to vessels flying the flag of Member States and
registered in the Community, hereinafter 6Community fishing
vessels7, with regard to the capture and landing of certain
stocks of highly migratory species referred to in Annex I to
this Regulation in the maritime waters listed in Article 2.

TITLE I

DEFINITIONS

Article 2

For the purposes of this Regulation, the following definitions of
maritime waters shall apply:

(a) Area 1

All waters of the Atlantic Ocean and adjacent seas covered
by the ICCAT Convention as defined in Article 1 thereof.

(b) Area 2

All waters of the Indian Ocean covered by the Agreement
for
Indian Ocean Tuna
Commission as defined in Article 2 thereof.

establishment

the

the

of

(c) Area 3

All waters of the Eastern Pacific Ocean as defined in Article
3 of the Agreement on the International Dolphin Conser-
vation Program.

(1) OJ L 132, 23.5.1997, p. 1. Regulation as last amended by Regulation

(EC) No 1239/98.

(2) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2846/98 (OJ L 358, 31.12.1998).

(3) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regu-

lation (EC) No 2945/95 (OJ L 308, 21.12.1995, p. 18).

(d) Area 4

All seas and oceans.

(4) OJ L 184, 17.7.1999, p. 23.

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TITLE II

TECHNICAL MEASURES APPLICABLE IN AREA 1

C h a p t e r 1

The master of a vessel designated to receive an observer on
board shall make every reasonable effort to facilitate his arrival
and departure. During the observer’s stay on board he shall be
provided with appropriate
accommodation and working
facilities.

Restrictions on the use of certain types of vessels and gears

Article 3

During the period 1 November to 31 January in the area

1.
specified in paragraph 2, it shall be prohibited to:

B anchor floating objects,

B fish under artificial objects,

B fish under natural objects,

B fish using ancillary vessels,

B throw into the sea artificial floating objects with or without

buoys,

B install buoys on floating objects found at sea,

B remove floating objects and wait for the fish attracted by

these objects to gather underneath the vessel,

B tow floating objects outside the area.

The area referred to in paragraph 1 is bounded as

2.
follows:

B southern boundary at latitude 4CS,

B northern boundary at latitude 5CN,

7. Member States shall send the Commission by 1 May each
year at the latest a comprehensive report assessing the content
and conclusions of the reports of the observers assigned to
vessels flying their flag.

8.
The period referred to in paragraph 1, the area referred to
in paragraph 2 and the arrangements for the assignment of
observers set out
in Annex II may be amended by the
Commission in accordance with the procedure laid down in
Article 24.

Article 4

By way of derogation from Article 19, the following shall be
prohibited:

B the retention on board of any quantity of skipjack, bigeye
or yellowfin tuna which are caught using purse seines in
waters under the sovereignty or jurisdiction of Portugal in
ICES sub-area X north of 36C30’N or in CECAF areas north
of 31CN and east of 17C30’W, or the fishing for the said
species in the said areas with the said gears;

B the retention on board of highly migratory species which
are caught using drift-nets in waters under the sovereignty
or jurisdiction of Spain or Portugal in ICES sub-areas VIII,
IX and X, or in CECAF areas around the Canary Islands and
Madeira, or the fishing for the said species in the said areas
with the said gears.

B western boundary at longitude 20CW,

Article 5

B eastern boundary at the coast of Africa.

Fishing for bluefin tuna with encircling nets shall be

1.
prohibited:

Vessels

shall be prohibited from commencing or
3.
continuing fishing in the
and during the period
specified in paragraphs 1 and 2 without an observer on board.

area

4. Member States shall take the necessary steps to appoint
observers and ensure that they are placed on board all vessels
flying their flag or registered in their territory which are about
to undertake fishing activities
in the area referred to in
paragraph 2.

5. Member States shall take the necessary steps to ensure
that properly appointed observers remain on board the fishing
vessels to which they have been assigned until
they are
replaced by other observers.

B from 1 to 31 May in the Mediterranean Sea as a whole and
from 16 July to 15 August
in the Mediterranean Sea
excluding the Adriatic for vessels operating exclusively or
predominantly in the Adriatic;

B from 16 July to 15 August in the Mediterranean Sea as a
whole and from 1 to 31 May in the Adriatic for vessels
operating exclusively or predominantly in the Mediter-
ranean Sea excluding the Adriatic.

Member States shall ensure that all vessels flying their flag or
registered in their territory are subject to the above rules.

6.
The master of a Community vessel operating in the area
and during the period specified in paragraphs 1 and 2 shall
receive
and cooperate with him in the
performance of his duties during his stay on board.

the observer

For the purposes of this Regulation, the southern limit of the
Adriatic Sea shall be a line drawn between the Albanian-Greek
border and Cape Santa Maria di Leuca.

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The use of aeroplanes or helicopters in support of fishing
1.
operations for bluefin tuna in the Mediterranean shall be
prohibited during the period from 1 to 30 June.

Fishing for bluefin tuna in the Mediterranean using
3.
surface-set longlines from vessels greater than 24 metres in
length shall be prohibited during the period from 1 June to
31 July each year. The applicable length shall be that defined by
the ICCAT and given in Annex III.

4.
The length of vessels given in Annex III may be modified
by the Commission in accordance with the procedure laid
down in Article 24.

C h a p t e r 2

Minimum size

Article 6

A highly migratory species shall be undersized if

1.
dimensions
specified in Annex IV for the relevant species.

its
than the minimum dimensions

smaller

are

The lists shall give the internal number allocated to each
3.
vessel in the fishing vessel register in accordance with Article 5
of Commission Regulation (EC) No 2090/98 of 30 September
1998
the
fishing
Community (1).

concerning

register

vessel

the

of

4.
On the basis of the information provided by the Member
States in accordance with paragraphs 2 and 3, the Council
may, in accordance with the procedure laid down in Article
8(4)(ii) of Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing
system for
fisheries and aquaculture (2), distribute among the Member
States the number and capacity in gross registered tonnage
(GRT) determined in accordance with paragraph 1.

a Community

5.
Before 15 August each year Member States shall send the
Commission the list of fishing vessels greater than 24 metres in
length fishing for bigeye tuna as a target
species. The
Commission shall send this information to the ICCAT secre-
tariat before 31 August each year.

The list referred to in paragraph 5 shall contain the

6.
following information;

2.
The dimensions set out in Annex IV may be modified by
the Commission in accordance with the procedure laid down
in Article 24.

B vessel name, registration number,

B previous flag, where applicable,

Article 7

B international call sign, where applicable,

shall not be
Undersized fish of highly migratory species
transported,
retained on board or be transhipped,
stored, displayed or offered for sale, sold or marketed. These
species shall be returned immediately to the sea.

landed,

The release for free circulation or marketing in the Community
of undersized fish of highly migratory species originating in
third countries shall be prohibited.

Article 8

The measurement of the size of fish of highly migratory species
shall be carried out in accordance with Article 18 of Regulation
(EC) No 850/98.

C h a p t e r 3

Restrictions on the number of vessels

Article 9

The Commission shall determine, in accordance with the
1.
procedure laid down in Article 24,
the number and total
capacity in gross registered tonnage (GRT) of Community
fishing vessels greater than 24 metres in length fishing for
bigeye tuna as a target species. These shall be fixed as the
average number and the capacity in gross registered tonnage
of Community fishing vessels fishing for this species in the area
during the period 1991 to 1992.

2.
By 31 January each year at the latest Member States shall
forward to the Commission a list of all vessels flying their flag
and registered in their territory which intend to fish for bigeye
tuna in Area 1 during that year.

B vessel type, length and gross registered tonnage (GRT),

B name and address of the vessel owner(s).

Article 10

1.
The Commission, in accordance with the procedure laid
down in Article 24, shall determine the number of Community
fishing vessels fishing for albacore tuna as a target species. The
number of vessels shall be fixed as the average number of
Community fishing vessels fishing for this species during the
period 1993 to 1995.

By 31 January each year at the latest Member States shall
2.
forward to the Commission a list of all vessels flying their flag
and registered in their territory which intend to fish albacore
tuna in Area 1 during that year.

3.
The lists shall give the internal number allocated to each
vessel in the fishing vessel register in accordance with Article 5
of Regulation (EC) No 2090/98.

On the basis of the information sent by the Member
4.
States in accordance with paragraphs 2 and 3, the Council
may, in accordance with the procedure laid down in Article
8(4)(ii) of Regulation (EEC) No 3760/92, distribute among the
Member States the number and capacity in gross registered
tonnage (GRT) determined in accordance with paragraph 1.

(1) OJ L 266, 1.10.1998, p. 27.
(2) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

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Before 15 May each year Member States shall send the
5.
Commission the list of vessels flying their flag which carry out
directed fishing for albacore tuna. This list shall not include
those fishing vessels carrying out alternative exploratory fishing
using drift-nets. The Commission shall send this information to
the ICCAT secretariat before 30 May each year.

C h a p t e r 4

Other measures

Article 11

Member States shall take steps to encourage the use of mono-
filament streamer lines on swivels so that live blue marlins and
white marlins may be easily released.

Article 12

Notwithstanding Article 31 of Regulation (EC) No 850/98,
electric current or harpoon guns may be used to catch tuna
and basking shark (Cetorhinus maximus) in the Skagerrak and
Kattegat.

TITLE III

TECHNICAL MEASURES APPLICABLE IN AREA 2

Article 13

List of vessels

1.
Before 15 June each year Member States shall send the
Commission the list of vessels greater than 24 metres in length
flying their flag which fished for bigeye tuna, yellowfin tuna
and skipjack tuna during the previous year in Area 2. The
Commission shall send this information to the ICCAT secre-
tariat before 30 June each year.

The list referred to in paragraph 1 shall contain the

2.
following information;

B vessel name, registration number;

B previous flag, where applicable,

B international call sign, where applicable,

B vessel type, length and gross registered tonnage (GRT),

B name and address of

the vessel owner, operator or

charterer.

TITLE IV

TECHNICAL MEASURES APPLICABLE IN AREA 3

Article 14

Dolphin mortality limits (DMLs)

1.
Only Community fishing vessels operating under the
conditions laid down in the Agreement on the International

Dolphin Conservation Program which have been allocated a
Dolphin Mortality Limit (DML) shall be authorised to encircle
schools or groups of dolphins with purse seines when fishing
for yellowfin tuna in Area 3.

6DML7 shall mean the dolphin mortality limit laid down in
the Agreement on the International Dolphin

2.
Article 5 of
Conservation Program.

Article 15

Allocation of DMLs

Before 15 September each year Member States shall send

1.
the Commission:

B a list of vessels flying their flag with a load capacity greater
tonnes) which have

than 363 metric tonnes (400 net
applied for a DML for the whole of the following year;

B a list of vessels flying their flag which are likely to operate

in the area in the course of the following year;

B a list of vessels flying their flag which have requested a
DML for the first or second half of the following year;

B for each vessel requesting a DML, a certificate stating that
the vessel had all
to
protect dolphins and that its captain had completed an
approved training course on rescuing and releasing
dolphins.

the proper gears and equipment

comply with the

the applications for
2. Member States shall ensure that
laid down in the
DMLs
conditions
Agreement
International Dolphin Conservation
Program and the conservation measures adopted by the IATTC.

the

on

3.
The Commission shall examine the lists and ensure that
they comply with the provisions of the Agreement on the
International Dolphin Conservation Program and the conser-
vation measures adopted by the IATTC and shall send them to
the Director of the IATTC.

the conditions

Where this examination reveals that the application does not
meet
the
referred to in this paragraph,
Commission shall
immediately inform the Member State
concerned that it cannot send all or part of an application to
the Director of the IATTC, stating its reasons.

The Commission shall

4.
send each Member State the
overall DML to be distributed among the vessels flying their
flag.

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Each Member State shall

send the Commission the
5.
breakdown of the DMLs among the vessels flying the flag of
that Member State by 15 January each year.

The Commission shall send the Director of the IATTC the
6.
list and breakdown of the DMLs between Community fishing
vessels by 1 February each year.

Article 16

Restrictions on capacity

1.
The total capacity of Community fishing vessels auth-
orised to fish for yellowfin tuna (Thunnus albacares) using
purse seines shall be 7 885 metric tonnes.

2. Member States shall send the Commission a list of all
vessels flying their flag and registered in their territory which
intend to fish yellowfin tuna (Thunnus albacares) using purse
seines in Area 3 during the year by 31 January each year at
the latest.

The lists shall give the internal number allocated to each
3.
vessel in the fishing vessel register in accordance with Article 5
of Regulation (EC) No 2090/98.

4.
On the basis of the information sent by the Member
States in accordance with paragraphs 2 and 3, the Council
may, in accordance with the procedure laid down in Article
8(4)(ii) of Regulation (EEC) No 3760/92, distribute among the
Member States the capacity referred to in paragraph 1.

Article 20

1.
All fishing vessels using one or more drift-nets intended
for the capture of species listed in Annex V shall operate under
the following conditions:

B during fishing activity, the vessel must keep the net under

constant visual observation,

B floating buoys, with radar reflectors, must be moored to
each end of
its position can be
determined at any time. The buoys must be permanently
marked with the registration letter(s) and number of the
vessel to which they belong.

the netting, so that

2.
The master of a fishing vessel using one or more
drift-nets referred to in paragraph 1 shall keep a logbook in
record the following information on a
which he must
day-to-day basis:

B the total length of the nets on board,

B the total length of the nets used in each fishing operation,

B the quantity of each species caught during each fishing
in

including by-catches and discards at sea,

operation,
particular cetaceans, reptiles and sea-birds,

Article 17

Other measures

B the quantity of each species held on board,

B the date and position of such catches.

The use of ancillary vessels to support vessels fishing with

1.
the aid of fish aggregating devices shall be prohibited.

2.

Transhipments at sea shall be prohibited.

3.
All masters referred to in paragraph 2 shall forward to
the competent authorities of the Member State of landing a
declaration giving at least the quantities of each species landed
and the catch dates and areas.

TITLE V

TECHNICAL MEASURES APPLICABLE IN AREA 4

Article 18

4. Masters of vessels using one or more drift-nets as referred
to in paragraph 1 who wish to use a landing location in a
Member State shall notify the competent authorities in the
Member State concerned, at least two hours before arrival in
port, of the planned landing location and time of arrival.

By way of derogation from Article 2, Articles 19, 20, 21 and
22 shall not apply to waters covered by Council Regulation
(EC) No 88/98 of 18 December 1997 laying down certain
technical measures for the conservation of fishery resources
in the waters of the Baltic Sea, the Belts and the Sound (1).

5.
All fishing vessels using one or more drift-nets referred to
in paragraph 1 shall keep on board the prior authorisation to
fish issued by the competent authorities of the flag Member
State.

Article 19

Length of drift-nets

Article 21

Ban on fishing with drift-nets

No vessel may keep on board, or use for fishing, one or more
length is more than 2,5
drift-nets whose individual or total
kilometres.

1.
From 1 January 2002, no vessel may keep on board, or
use for fishing, one or more drift-nets intended for the capture
of species listed in Annex V.

(1) OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation

(EC) No 1520/98 (OJ L 201, 17.7.1998, p. 1).

From 1 January 2002,

2.
listed in Annex V which have been caught in drift-nets.

it is prohibited to land species

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Until 31 December 2001, a vessel may keep on board, or
3.
use for fishing, one or more drift-nets referred to in paragraph
1 after receiving authorisation from the competent authorities
of the flag Member State. In 1998, the maximum number of
vessels which may be authorised by a Member State to keep on
board, or use for fishing, one or more drift-nets shall not
exceed 60 % of the fishing vessels which used one or more
drift-nets during the period 1995 to 1997.

2. When reference is made to this Article, the management
procedure referred to in Articles 4 and 7 of Decision
1999/468/EC shall apply.

The period provided for in Article 4(3) of that Decision shall
be one month.

By 30 April of

shall
4.
communicate to the Commission for each target species the
list of vessels authorised to carry out fishing activities using the
drift-nets referred to in paragraph 3.

each year Member

States

Article 22

In the case of failure to comply with the obligations laid down
in Articles 19, 20 and 21, the competent authorities shall take
appropriate measures in respect of the vessels concerned, in
accordance with Article 31 of Regulation (EEC) No 2847/93.

Article 23

Restrictions on the use of purse seines

3.

The Committee shall adopt its own rules of procedure.

Article 25

1.

Regulation (EC) No 894/97 is hereby repealed.

Articles 24, 33 and 41 of Regulation (EC) No 850/98, the
thereto relating to bluefin tuna and

2.
entries in Annex XII
swordfish are hereby repealed.

3.
Articles 3a and 5a of Regulation (EC) No 1626/94, the
entries in Annex IV thereto relating to bluefin tuna and Annex
V thereto are hereby repealed.

The encircling of schools or groups of marine mammals with
purse seines shall be prohibited, except in the case of the
vessels referred to in Article 14.

4.
References to the above Regulation, Articles and Annexes
shall be construed as references to this Regulation and shall be
read in accordance with the table of equivalence in Annex VI.

TITLE VI

FINAL PROVISIONS

Article 24

The Commission shall be assisted by a Committee for
6the

1.
Fisheries and Aquaculture (hereinafter
Committee7).

referred to as

Article 26

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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ANNEX I

LIST OF SPECIES REFERRED TO IN THIS REGULATION

B Albacore: Thunnus alalunga

B Bluefin tuna: Thunnus thynnus

B Bigeye tuna: Thunnus obesus

B Skipjack: Katsuwonus pelamis

B Atlantic Bonito: Sarda sarda

B Yellowfin tuna: Thunnus albacares

B Blackfin tuna: Thunnus atlanticus

B Little tuna: Euthynnus spp.

B Southern bluefin tuna: Thunnus maccoyii

B Frigate tuna: Auxis spp.

B Oceanic sea breams: Brama rayi

B Marlins: Tetrapturus spp.; Makaira spp.

B Sailfish: Istiophorus spp.

B Swordfish: Xiphias gladius

B Sauries: Scomberesox spp.; Cololabis spp.

B Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae

B Cephalopods: (all species)

B Cetaceans (whales and porpoises): Physeteridae; Belaenopteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae;

Delphinidae.

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ANNEX II

ARRANGEMENTS REFERRED TO IN ARTICLE 3

1. Assignment of observers

a)

In order to discharge their obligation to provide observers, Member States shall appoint properly qualified and
experienced personnel. In order to carry out their tasks the personnel selected must have the following qualifi-
cations:

B sufficient experience to identify fish species and fishing gear;

B maritime navigation skills;

B a satisfactory knowledge of ICCAT conservation measures;

B the capacity to accomplish elementary scientific tasks, for example taking of samples where necessary and

making accurate observations and records in that connection;

B a satisfactory knowledge of the language of the flag Member State of the vessel being observed.

b) Member States must take appropriate measures to ensure that observers are received on board fishing vessels at

the agreed time and place and to facilitate their departure on completion of the observation period.

2. Tasks of observers

The main task of observers is to monitor compliance with the ban referred to in Article 1. In particular, designated
observers will:

a) monitor the fishing operations of the vessels concerned and record them in a report;

b) send a report containing a summary of the observer’s main findings, including the biological data collected, to the

competent authorities in the Member States concerned within 20 days following the observation period.

3. Relations with the masters of fishing vessels

a) The master must be given sufficient notice of the date and place at which the observer is to be received and of the

likely duration of the observation period.

b) The master of the vessel may request a copy of the observer’s report.

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ANNEX III

ICCAT definition of length of vessels:

B for any fishing vessel built after 18 July 1982, 96 % of the total length on a waterline at 85 % of the least moulded
depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock
on that waterline, if that be greater. In ships designed with a rake of keel, the waterline on which this length is
measured shall be parallel to the designed waterline;

B for any fishing vessel built before 18 July 1982, registered length as entered on the national registers or other record

of vessels.

ANNEX IV

MINIMUM SIZES

Species

Minimum size

Swordfish (Xiphias gladius) (1) (2)

25 kg or 125 cm (lower mandible)

Bluefin tuna (Thunnus thynnus) (3)

6,4 kg or 70 cm

Yellowfin tuna (Thunnus albacares) (4)

Bigeye tuna (Thunnus obesus) (5)

3,2 kg

3,2 kg

(1) This minimum size applies only to the Atlantic Ocean.
(2) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers,

weighing below 25 kg or less than 125 cm in length which are caught accidentally.

(3) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers,

weighing between 3.2 kg and 6.4 kg which are caught accidentally.

(4) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers,

weighing below 3.2 kg which are caught accidentally.

(5) However, the rules laid down in Article 7 shall not apply to fish, representing up to 15 % in terms of individual fish numbers,

weighing below 3.2 kg which are caught accidentally.

ANNEX V

B Albacore: Thunnus alalunga

B Bluefin tuna: Thunnus thynnus

B Bigeye tuna: Thunnus obesus

B Skipjack: Katsuwonus pelamis

B Atlantic Bonito: Sarda sarda

B Yellowfin tuna: Thunnus albacares

B Blackfin tuna: Thunnus atlanticus

B Little tuna: Euthynnus spp.

B Southern bluefin tuna: Thunnus maccoyii

B Frigate tuna: Auxis spp.

B Oceanic sea breams: Brama rayi

B Marlins: Tetrapturus spp.; Makaira spp.

B Sailfish: Istiophorus spp.

B Swordfish: Xiphias gladius

B Sauries: Scomberesox spp.; Cololabis spp.

B Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhinidae; Sphymidae; Isuridae; Lamnidae

B Cephalopods: (all species).

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Article 11

Article 11a

Article 11b

Article 11c

Annex VIII

Article 24

Article 33(1)

Article 33(2)

Article 33(3)

Article 41

ANNEX VI

TABLE OF EQUIVALENCE

Regulation (EC) No 894/97

This Regulation

Article 19

Article 21

Articles 20 and 22

Articles 2 and 18

Annex V

Regulation (EC) No 850/98

This Regulation

Article 4

Article 23

Article 2

Article 14(1)

Article 12

Annex IV

Annex XII relating to bluefin tuna and swordfish

Regulation (EC) No 1626/94

This Regulation

Article 3a

Article 5a

Annexe IV relating to bluefin tuna

Annex V

Article 5

Article 5

Annex IV

Annex III