Amended Proposal for a Council Regulation amending Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2003-07-14
Institutions: European Commission
Subjects: Antarctic Ocean, EU control, data collection, disclosure of information, fishery management, fishery resources, fishing controls, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.7.2003
COM(2003) 417 final

2002/0186 (CNS)

Amended Pproposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1936/2001 laying down control measures applicable to
fishing for certain stocks of highly migratory fish

(presented by the Commission)
(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

The European Community participates in a number of regional fisheries organisations (RFOs)
which provide a framework for regional cooperation in conservation and management of fish
resources.

Since  14 November 1997  the  Community  has  been  a  Contracting  Party  to  the  International
Convention  for  the  Conservation  of  Atlantic  Tunas  (hereinafter  called  the  ICCAT
Convention).

The  Community  has  also  approved  the  Agreement  for  establishing  the  Indian  Ocean  Tuna
Commission (hereinafter called IOTC).

The  control  measures  adopted  by  the  International  Commission  for  the  Conservation  of
Atlantic  Tunas  (ICCAT)  and  IOTC  were 
in  Council  Regulation  (EC)
No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for
certain stocks of highly migratory fish1.

transposed 

In  2001,  Nnew  control  measures  have  been  adopted  by  the  ICCAT  for  certain  stocks  of
highly  migratory  species  in  the  Atlantic  and  the  Mediterranean,  and  by  the  IOTC  for  such
species in the Indian Ocean.

The  Council  has  not  yet  adopted  the  proposal2  for  a  Regulation  amending
Regulation (EC) No 1936/2001 in order to transpose into  Community  law  the  technical
measures adopted by ICCAT and IOTC at these meetings.

ICCAT at its 13th special meeting (Bilbao, 28 October-4 November 2002) and IOTC at
its  7th ordinary  meeting  (Victoria,  Seychelles,  2-6 December 2002)  adopted  further
control measures for certain highly migratory Atlantic and Mediterranean stocks. These
should also be transposed into Community law.

The purpose of this proposal is thus to transpose these new measures into Community law by
amending Regulation (EC) No 1936/2001.

The attached amended proposal, submitted by the Commission under Article 250(2) of
the Treaty, amends Regulation (EC) No 1936/2001 in order  to  transpose  both  the  2001
and 2002 recommendations into Community law.

The Commission proposes that the Council adopt this amended proposal.

1

OJ L 263, 3.10.2001, p. 1.

2             COM (2002) 421 final.

2

                                                
2002/0186 (CNS)

Amended Pproposal for a

COUNCIL REGULATION

amending Regulation (EC) No 1936/2001 laying down control measures applicable to
fishing for certain stocks of highly migratory fish

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 Commission3,

Having regard to the opinion of the European Parliament4,

Whereas:

(1)

(2)

The  International  Commission  for  the  Conservation  of  Atlantic  Tunas  (hereinafter
called the  ICCAT) has  adopted  a number of  recommendations and the  Indian  Ocean
Tuna Commission (hereinafter called the IOTC) has adopted a number of resolutions
creating  control  and  surveillance  obligations,  which  have  been  transposed  in
Regulation (EC) No 1936/20015.

In 2001, theICCAT at its 17th meeting in 2001 and its  13th special meeting in 2002
and  IOTC  at  its  sixth6th  and  7th  ordinaryregular  meetings  in  2001  and  2002
recommended  new  control  measures  for  certain  stocks  of  highly  migratory  species.
These  recommendations  and  resolutions  are  binding  on  the  Community  and  should
therefore be implemented.

(3)

Regulation (EC) No 1936/2001 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1936/2001 is amended as follows:

1.            In Article 3 the following points (g), (h), (i) and (j) are added:

"g)     'fattening':  raising  of  individuals  in  cages  to  increase  their  weight  or  fat
content with a view to marketing;

3

4

5

OJ C..., p. .
OJ C..., p. .
OJ L 263, 3.10.2001, p. 1.

3

                                                
h)       'cageing':  placing  of  wild  individuals  of  any  size  in  closed  structures
(cages) for fattening;

i)        'fattening farm': enterprise fattening wild individuals;

j)        'transport vessel': vessel receiving wild individuals and transporting them
live to fattening farms."

2.            The following Articles 4a and 4b are added:

"Article 4a
Activities of vessels participating in operations relating to bluefin tuna fattening

1.       Masters of Community vessels that transfer bluefin tuna for fattening to a

transport vessel shall enter in their logbook:

–  quantity transferred (kg live weight and number of fish),

–  catch zone,

–  date and position of transfer,

–  name of transport vessel,

–  name of fattening farm of destination of fish.

2.       Masters  of transport vessels to which  bluefin tuna  have  been transferred

shall enter in their logbook:

–  quantity transferred per fishing vessel (kg live weight and number of fish),

–  date and position of transfer,

–  name of fattening farm of destination of fish.

3.       Member States shall ensure that all bluefin tuna put into cages by vessels
flying  their  flag  are  registered  by  their  competent  authority.  They  shall
notify  to  the  Commission,  in  line  with  the  provisions  of  Article 5,  the
quantities  of  bluefin  tuna  caught  and  caged  by  vessels  flying  their  flag
(task I as defined by ICCAT).

          For  exports  of  bluefin  tuna  intended  for  fattening  Member States  shall
send the Commission  the numbers  and  dates  of  the  statistical  documents
indicated  in  Regulation  No ...  of  ...  validated  by  them  and  state  the  third
country of destination declared.

4.       Member States shall electronically send the Commission a list of all vessels
flying their flag and registered in the Community that catch bluefin tuna
for  fattening.  Notification  shall  be  made  by  1 August  each  year,  the
following information being given:

4

a)       the  vessel's  internal  number  as  defined  in  Annex I  to  Commission

Regulation (EC) No 2090/986,

b)      the name and address of its owner, operator or charterer.

5.       Member States shall electronically send the Commission a list of all vessels
flying their flag and registered in the Community that provide or transfer
bluefin  tuna  for  fattening.  Notification  shall  be  made  by  1 August  each
year, the following information being given:

a)       name of vessel and registration number,

b)      any previous flags,

c)       type (fish tanker, towed etc.) length and GT,

d)      international radio call sign,

e)       name and address of owner, operator or charterer.

Article 4b
Activities of bluefin tuna fattening farms

1.       Member States shall act to ensure that bluefin tuna fattening farms under
their  jurisdiction  submit  a  cageing  declaration  to  their  competent
authority 48 hours after the end of each cageing operation by a fishing or
transport  vessel.  Submission  of  such  declarations,  containing  all  the
information  required  under  this  Article,  shall  be  the  responsibility  of
fattening farms approved by Member States.

2.       Cageing declarations as indicated in paragraph 1 must give the following

information:

–  name of fattening farm,

–  identification  of  each  vessel  that  transferred  fish  (name,  flag,  registration

number),

–  date and place of transfer,

–  quantities caged (kg live weight),

–  number of fish transferred,

–  catch zone,

–  in  cases  of  importation,  the  number,  date  of  validation  and  flag  country  or
re-exporting  country/entity/fishing  entity  on  the  statistical  document  or
reexportation licence indicated in Regulation No ... of ....

6             OJ L 266, 1.10.1998, p.27.

5

                                                
3.       Member  States  shall  act  to  ensure  that  fattening  farms  as  indicated  in
paragraph 1 submit to them by 1 July each year a marketing declaration
for the bluefin tuna fattened.

4.       The  marketing  declaration  for  bluefin  tuna  fattened 

indicated 

in

paragraph 3 must give the following information:

–  name of farm,

–  address,

–  owner,

–  quantity of bluefin tuna (in tonnes) marketed in previous year,

–  destination of tuna (name of purchaser, country, date of sale),

–  for  exports,  numbers  and  dates  of  validation  of  statistical  documents

indicated in Regulation No ... of ...,

–  duration of fattening of tuna marketed (in months),

–  size assessments of tuna marketed.

5.       On  the  basis  of  the  declaration  submitted  under  paragraphs 1  and  3
Member States  shall  electronically  notify  to  the  Commission  by  1 August
each year:

–  the quantities of bluefin tuna caged during the previous year, subdivided by

fattening farm,

–  the  quantities  marketed  during  the  previous  year,  subdivided  by  fattening

farm.

6.       Before  1 August  each  year  Member States  shall  send  the  Commission

electronically a list of the fattening farms under their jurisdiction.

          That list shall give the following information:

–  name and address of farm,

–  owner,

–  number of cages and their location and stocking capacity (in tonnes)."

3.

Article 5 is amended as follows:

(a)

Paragraph 1 is replaced by the following:

"1. Member States shall send electronically to the Commission, which in turn will
transmitshall  pass  the  information  to  the  ICCAT  Executive  Secretariatin
electronic  form,  the  annual  nominal  catch  data  (task I  as  defined  by  ICCAT)
for the species listed in Annex II.  No later than 30 June of the following  year
the  Member  States  shall  transmit  to  the  Commission,  for  scientific  purposes,

6

the  definite  estimates  for  the  entire  year  or,  where  this  is  not  possible,
preliminary estimates."

(b)

In paragraph 2, the introductory sentence shall be replaced by the following:

"2. Before 31 July each year, the Member States shall transmit the following data
(task II as defined by ICCAT) in electronic form, with electronic access for the
Commission, to the ICCAT Executive Secretariat:”

4.2.

The following paragraph 1a is inserted afteradded to Article 6(1):

"1a. Member States shall transmit to the ICCAT Executive Secretariat in electronic
form, with electronic access to the Commission, for scientific purposes, data
on catches and effort as defined by ICCAT, in particular estimates of discards
of dead porbeagle, shortfin mako and blue sharks."

5.3.

The following Article 6a is addedis inserted after Article 6.

"Article 6a
Information on catches of white and blue marlin

1. Masters  of  Community  vessels  shall  record  each  day  in  their  logbook
information on  the release of white  marlin and blue marlin, alive or  dead,  by
sector not exceeding 5° of longitude by 5° of latitude, and shall indicate in their
landing  statements  the  number  or  weight  of  white  marlin  and  blue  marlin
landed.

2.

By 30 June each yearThe Member States shall transmit in electronic form to
the  Commission,  for  scientific  purposes,  final  estimates  for  the  entire
previous year, or if these cannot be sent, preliminary estimates, of the data
on  catches,  including  releases,  and  landings  of  white  marlin  and  blue  marlin.
No later than 30 June of the following year, the Member States shall transmit
the  definitive  estimates  for  the  entire  year  or,  where  this  is  not  possible,
preliminary estimates."

6.            The following Articles 8a, 8b and 8c are added:

"Article 8a
Register of vessels authorised to fish in Convention area

1.       Before  1 June 2003  each  Member State  shall  send  the  Commission
electronically  a  list  of  the  vessels  of  more  than  24 metres  overall  length
flying  its  flag  and  registered  in  its  territory  that  it  authorises  to  fish  for
tunas  and  tuna-like  fish  in  the  ICCAT  Convention  area  by  issue  of  a
special fishing licence.

2.       The list indicated in paragraph 1 shall give the following information:

a)       vessel's  internal  number  as  defined  in  Annex I  to  Commission

Regulation (EC) No 2090/98,

b)      any previous flags,

7

c)       any information on removal from other registers,

d)      name and address of owner(s) and operator(s),

e)       gear used,

f)       period authorised for fishing and/or transhipment.

3.       The  Commission  shall  send  this  information  to  the  ICCAT  Executive
Secretariat before  1 July 2003  so that  these vessels  can  be  entered  on  the
ICCAT  register  of  vessels  more  than  24 metres  in  overall  length
authorised  to  fish  in  the  ICCAT  Convention  area  ("ICCAT  register"
below).

4.       Any  change  to  be  made  to  the  list  indicated  in  paragraph 1  shall  be
notified  to  the  Commission  for  transmission  to  the  ICCAT  Executive
Secretariat, the same provisions applying, at least 10 working days before
the vessel begins fishing activity in the Convention area.

5.       Community fishing vessels more than 24 metres in overall length that are
not  entered  on  the  list  indicated  in  paragraph 1  may  not  fish,  retain  on
board,  tranship  or  land  tunas  or  tuna-like  fish  within  the  ICCAT
Convention area.

6.       Member States shall take the necessary measures to ensure that:

a)       only vessels flying their flag that are listed in paragraph 1 and hold
on board a special fishing licence issued by them are authorised, on
the  terms  of  the  licence,  to  carry  out  fishing  activities  in  the
ICCAT Convention area;

and 

unreported 

unregulated 

b)      no  special  fishing  licence  is  issued  to  vessels  that  have  carried  out
illegal, 
the
ICCAT Convention area, as indicated in Article 19b, unless the new
owners  provide  adequate  documentary  evidence  that  the  previous
owners and operators neither any longer have any legal, beneficial or
financial interest in them nor exercise any control over them, or that
their  vessels  neither  take  part  in  nor  are  associated  with  illegal,
unregulated and unreported fishing activities;

fishing 

in 

c)       where  possible  their  national  legislation  prohibits  owners  and
operators  of  vessels  flying  their  flag  that  are  included  in  the  list
indicated  in  paragraph 1  from  taking  part  in  or  being  associated
with tuna-fishing activities in the ICCAT Convention area by vessels
not on the ICCAT register;

d)      where  possible  their  national  legislation  requires  owners  of  vessels
flying their flag that are included in the list indicated in paragraph 1
to be nationals of a Member State.

7.       Member States  shall  take  the  necessary  measures  to  prohibit  fishing,
retention on board, transhipment and landing of tunas and tuna-like fish

8

caught in the  ICCAT Convention area by vessels  more  than 24 metres in
overall length that are not on the ICCAT register.

8.       Member States  shall  without  delay  pass  on  to  the  Commission  any
information  showing  that  there  are  strong  reasons  for  suspecting  that
vessels  more  than 24 metres  in overall  length  that are  not on  the ICCAT
register  are  fishing  for  or  transhipping  tunas  or  tuna-like  fish  in  the
ICCAT Convention area.

Article 8b
Chartering of Community fishing vessels

1.       Before 15 June each year Member States shall send the Commission a list
of  the  vessels  flying  their  flag  chartered  by  contracting  parties  to  the
ICCAT Convention for the current year.

2.       Lists as indicated in paragraph 1 shall give the following information:

a)       internal  number  of  vessel  as  defined  in  Annex I  to  Commission

Regulation (EC) No 2090/98,

b)      name and address of vessel owners,

c)       species  covered  by  the  charter  and  quota  allocated  by  the  charter

contract,

d)      length of the charter agreement,

e)       charterer's name,

f)       Member State's assent to the charter agreement,

g)       country where vessel chartered,

h)      statement  that  the  master  has  received  a  copy  of  the  provisions  in

force in the ICCAT Convention area.

3.       On  the  date  of  conclusion  of  a  charter  agreement  the  flag  Member State
shall  send  the  following  information  to  the  ICCAT  Executive  Secretariat
and inform the Commission:

a)       its assent to the charter agreement,

b)      the action it has taken to ensure that chartered vessels flying its flag
comply with ICCAT conservation and management provisions.

4.       When the charter agreement ends the flag Member State shall inform the
ICCAT  Executive  Secretariat  of  the  date  of  termination  and  inform  the
Commission.

5.       The flag Member State shall act to ensure that:

–  the vessel is not authorised to fish during the charter period against the quota

or fishing possibilities allocated to itself,

9

–  it is not authorised to fish under more than one charter agreement during the

same period,

–  its catches are separately registered from those of other vessels flying its flag,

–  it  complies  with  the  conservation  and  management  measures  adopted  by

ICCAT.

Article 8c
Transhipment

Vessels flying the flag of a Member State that measure more than 24 metres in
overall  length,  fish  by  longlining  and  appear  on  the  ICCAT  list  indicated  in
Article  8a  may  not  tranship  in  the  ICCAT  Convention  area  except  by  prior
authorisation of the flag Member State's competent authority."

7.4.

8.5.

In Article 9(1) "15 June" shall beis replaced by "15 August".

The following Article 9a is addedinserted after Article 9:

"Article 9a
Annual statement on application of the ICCAT management standards by large
longliners

Before 15 August1 September each year, Member States with longliners of a length
overall  of  more  than  24  metres  authorised  to  fish  in  the  Convention  zone  shall
transmit  to  the  Commission  the  Annual  statement  on  the  application  of  the  ICCAT
management  standards  by  large  longliners,  using  the  specimen  set  out  as  in
Annex III."

6.9.         The  following  Article  is  inserted  after  Article  19Articles  19a,  19b  and  19c  are

added.

“Article 19a
Action to combat illegal, unregulated and unreported fishing

Each Member State shall endeavour in line with its national legislation to ensure that
its importers, transporters and other operators refrain from dealing in or transhipping
tunas  and  tuna-like  fish  caught  by  vessels  carrying  out  illegal,  unregulated  and
unreported fishing activity in the ICCAT Convention area ("IUU fishing" below), in
particular  any  fishing  conflicting  with  ICCAT  conservation  and  management
measures.

Article 19b
Vessels presumed to have carried out illegal, unregulated and unreported fishing
activity in the ICCAT Convention area

1.       For the purposes of this Article a vessel flying the flag of a non-contracting
party  is  presumed  to  have  carried  out  IUU  fishing  if  it  is  shown  by  the
competent authority of a Member State that it:

a)       catches tunas or tuna-like fish in the ICCAT Convention area but is

not on the ICCAT register;

10

b)      catches  tunas  or  tuna-like  fish  in  the  ICCAT  Convention  area  for
which  the  flag  Member  State  has  no  quota,  catch  limit  or  effort
allocation  under 
the  ICCAT  conservation  and  management
measures;

c)       neither  registers  nor  declares  its  catches  in  the  ICCAT  Convention

area or makes false statements;

d)      takes  or 

lands  undersized  fish 

in  contravention  of  ICCAT

conservation and management measures;

e)       fishes  during  close  seasons  or  in  closed  zones  in  contravention  of

ICCAT conservation and management measures;

f)       uses prohibited fishing gear in contravention of ICCAT conservation

and management measures;

g)       tranships with vessels on the list indicated in paragraph 5;

h)      makes  unauthorised  catches  of  tunas  or  tuna-like  fish  in  waters
under  the  national  jurisdiction  of  ICCAT  Convention  area  coastal
countries or contravenes their laws and regulations;

i)       is  stateless  and  catches  tunas  or  tuna-like  fish  in  the  ICCAT

Convention area;

j)       engages  in  fishing  activity  conflicting  with  any  other  ICCAT

conservation and management measure.

2.       On  the  basis  of  information  obtained  by  their  competent  authorities
Member States shall before 15 June notify to the Commission a list of the
vessels flying the flag of a non-contracting party that are presumed to have
been carrying out IUU fishing in the ICCAT Convention area during the
current  and  previous  years.  It  shall  be  accompanied  by  the  supporting
documentation.

          By 15 July the Commission shall forward the information  obtained  from

the Member States to the ICCAT Executive Secretariat.

3.       On  receiving  from  the  ICCAT  Executive  Secretariat  the  draft  list  of
vessels of non-contracting parties presumed to be carrying out IUU fishing
that  it  has  drawn  up,  the  Commission  shall  forward  it  to  the  Member
States.  They  shall  immediately  scrutinise  it  to  ascertain  the  activities  of
these vessels and any changes of name, flag or ownership.

4.       By  30  September  Member  States  shall  send  the  Commission  any  further
information  likely  to  be  relevant  to  establishment  of  the  list  indicated  in
paragraph 5.

5.       The  Commission  shall  each  year,  on  receiving  from  ICCAT  the  list  of
vessels identified as carrying out IUU fishing ("IUU list" below) send it to
the Member States.

11

Article 19c
Action on vessels presumed to have carried out IUU fishing

1.       Member  States  shall  take  the  necessary  measures,  in  line  with  their

national legislation and Community law, to ensure that:

a)       vessels  presumed  to  have  carried  out  IUU  fishing  that  voluntarily

enter a port are not authorised to land or tranship there,

b)      their  flag  is  not  granted  to  vessels  on  the  IUU  list  unless  the  vessel
has changed ownership and a new owner can convincingly show that
the  previous  owner  or  operator  neither  has  any  continuing  legal,
financial or other real interest in the vessel nor exercises any control
over  it,  or  unless  having  taken  all  relevant  facts  into  account  it
considers that granting the flag will not lead to IUU fishing.

c)       importers,  transporters  and  other  operators  are  encouraged  not  to
deal  in  or  tranship  tunas  and  tuna-like fish  taken  by  vessels  on  the
IUU list.

d)      all  relevant  information  is  obtained  and  exchanged  with  other
contracting parties and cooperating non-contracting parties, entities
and  fishing  entities  for  the  purpose  of  detecting  and  preventing  the
use of false import/export licences for tunas and tuna-like fish from
vessels on the IUU list.

2.       The following are prohibited:

a)       transhipment  between  fishing  vessels,  mother  vessels  or  transport
vessels  flying  the  flag  of  a  Member  State  and  registered  in  the
Community and vessels on the IUU list;

b)      chartering of a vessel on the IUU list;

c)       importing,  landing  or  transhipping  tunas  or  tuna-like  fish  from

vessels on the IUU list".

7.10.       The  following  Articles  are  inserted  after  Article  20:Chapter  II  is  amended  as

follows:

"Section 1

Control measures

Article 20
General principles

Member States act to ensure that vessels flying their flag respect the provisions
applicable in the zone.

Article 20a
Register of vessels authorised to fish in IOTC area

12

Article 8a shall apply mutatis mutandis.

Article 20b
Transhipment

Article 8c shall apply mutatis mutandis.

Article 20c
Marking of fishing gear

1.       Gear  used  by  Community  vessels  authorised  to  fish  in  the  zone  shall  be
marked  as  follows:  the  ends  of  nets,  lines  and  other  gear  in  the  sea  are
fitted  with  flag  or  radar  reflector  buoys  and  by  night  with  light  buoys
indicating their position and extent.

2.       Marker buoys and similar floating objects indicating the position of fixed
fishing  gear  shall  at  all  times  clearly  indicate  the  letter(s)  and/or
number(s) of the vessel(s) to which they belong.

3.       Fish  aggregating  devices  must  be  clearly  marked  at  all  times  with  the

letter(s) and/or number(s) of the vessel(s) to which they belong.

Article 20ad

Transmission of statisticsStatistical notification for scientific purposes

1. Member  States  shall  transmit  the  following  data  in  electronic  form,  with
electronic  access  for  the  Commission,  to  the  Secretariat  of  IOTC,  in
accordance  with  the  procedures  for  submission  of  statistics  referred  to  in
Annex IV:

a)

b)

c)

data onfishing effort and catches of species referred to in Article 1 for the
previous year,

data  onthe  sizes  of  the  species  referred  to  in  Article 1  for  the  previous
year,

data  ontuna  fishing  using  floating  objects,  including  fish  aggregating
devices.

2. Member  States  shall  set  up  a  computerised  database  containing  the  statistical
data  provided  for  in  paragraph 1,  to  which  the  Commission  shall  have
electronic access.

Section 2

Port inspection procedures

Article 20e

Articles 10, 12, 13, 14 and 15 shall apply mutatis mutandis.

13

Section 3

Stateless vessels and vessels of non-contracting parties

Article 21
Observation

1.       Masters  of  Community  vessels  authorised  to  fish  in  the  zone  shall  send
their  national  authorities  their  observations  on  non-contracting  parties'
vessels  presumed  or  known  to  be  fishing  for  bigeye  or  yellowfin  tuna  or
skipjack.

2.       Member  States  shall  without  delay  send  this 

information  to  the

Commission, which shall send it to IOTC.

Article 21a
Control measures for fishing activities

Article 18 shall apply mutatis mutandis.

Article 21b
Vessels presumed to have carried out illegal, unregulated and unreported fishing in zone

Article 19b shall apply mutatis mutandis."

Article 20b
Community participation

1.       Only  Community  fishing  vessels  holding  a  special  fishing  licence  issued  by
their  flag  Member  State  shall  be  authorised  to  fish  in  the  IOTC  area,  on  the
terms set out in the licence.

2.       The Member State shall transmit to the Commission in electronic form a list of
all the vessels flying their flag and registered in the Community with a length
than  20  metres  between
overall  of  more 
perpendiculars,  authorised  to  fish  in  the  IOTC  area,  indicating  the  target
species of each vessel, and any amendments to that list.

than  24  metres,  or  more 

          This list shall be transmitted no later than 1 January each year and, in the case
of  amendments,  at  least  five  days  before  the  vessel  enters  the  area.  The
Commission  shall  forward  this  information  to  the  Secretariat  of  the  IOTC  as
soon as possible.

3.       The list referred to in paragraph 2 shall contain the following information:

(a)      the internal number allocated to each vessel in the fishing vessel register,
in  accordance  with  Article  5  of  Commission  Regulation  (EC)
No 2090/987

(b)     previous flag(s), if any;

7             OJ L 266, 1.10.1998, p. 27

14

                                                
(c)      the name and address of the owner(s), operator(s) and/or charterer(s).

Article 20c
Marking of fishing gear

1.       The  Member  States  shall  ensure  that  gear  used  by  the  fishing  vessels  flying
their  flags  and  authorised  to  fish  in  the  IOTC  area  is  marked  as  follows:  the
ends of nets, lines and gear in the sea shall be fitted with flag or radar reflector
buoys by day and light buoys by night sufficient to indicate their position and
extent.

2.       Marker buoys and similar floating objects intended to indicate the location of
fixed fishing gear shall be clearly marked at all times with the letter(s) and/or
number(s) of the vessels(s) to which they belong.

3.       Fish aggregating devices must be clearly marked at all times with the letter(s)

and/or number(s) of the vessel(s) to which they belong.”

8.            The following Article is inserted after Article 21:

Article 21a
Monitoring fishing activity

Article 18 shall apply mutatis mutandis.”

9.11.

The Annex to this Regulation is added as Annexes III and IV.

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

Article 2

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

Done at Brussels,

For the Council
The President

15

ANNEX

"ANNEX III

Attachment II

SPECIMEN FORM FOR
ANNUAL DECLARATION OF APPLICATION OF ICCAT MANAGEMENT STANDARDS BY LARGE LONGLINERS

a. Management at fishing grounds

YES/NO

Note:

Boarding of scientific observers

Vessel satellite monitoring system

Daily or periodic reporting of
catches

Reporting of entry/departure

%

% or number of vessels

method

method

b. Management of transhipments (from fishing ground to port of landing)

Transhipment reports

Port inspection

Statistical document programme

YES/NO

Note:

c. Management in ports of landing

YES/NO

Note:

Method

method

Landing inspection

Landing report

Cooperation with other parties

Method

method

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Catch and effort data

ANNEX IV

Surface fisheries: catch data in nominal catch weight and effort data in fishing days (purse
seine, baitboat, troll, drift nets) should be provided to IOTC by 1° grid area and month strata.
Purse seine fishery data should be stratified by type of school. Those data should preferably
be  extrapolated  to  the  national  monthly  catches  of  each  gear.  The  raising  factors  used,
corresponding to the logbook coverage, should be given routinely to IOTC.

Longline fisheries: catch and effort data of the longline fisheries should be provided to the
IOTC by 5° grid area and month strata, preferably in numbers and  in  weight.  Fishing effort
should  be  given  in  numbers  of  hooks.  Those  data  should  preferably  be  extrapolated  to  the
national  monthly  catches.  The  raising  factors  used,  corresponding  to  the  logbook  coverage,
should be given routinely to IOTC.

The catches, efforts and sizes of the artisanal, small scale and sport fisheries should also be
submitted  on  a  monthly  basis,  but  using  the  best  geographical  areas  used  to  collect  and
process those data.

Size data

Considering that size data are of key importance for most tuna stock assessment, length data,
including the total number of fish measured, should be routinely submitted to the IOTC on a
5°  grid  area  and  month  basis,  by  gear  and  fishing  mode  (e.g.  free/log  schools  for  the  purse
seiners). Size data should be provided for all gears and for all species covered by IOTC. Size
data  sampling  should  preferably  be  run  under  strict  and  well  described  random  sampling
schemes  which  are  necessary  to  provide  unbiased  figures  for  the  sizes  taken.  The  exact
recommended  level  of  sampling  could  vary  between  species  (as  a  function  of  various
parameters), but the specific level of recommended sampling needs to be  established by  the
working party on statistics. More detailed size data, for instance size by individual samples,
should also be made available to IOTC when requested by specific working groups, but under
strict rules of confidentiality.

Fishing for tunas using floating objects, including fish aggregating devices (FADs)

For a better understanding by IOTC of changing patterns in effective fishing effort by fleets
operating in its area of competence, more information has to be obtained. Since the activities
of  supply  vessels  and  the  use  of  fish  aggregating  devices  (FAD)  are  an  integral  part  of  the
fishing effort of the purse seine fleet, the following information should be routinely submitted
to IOTC:

Number and characteristics of  supply  vessels:  (i)  operating  under  their  flag,  (ii)  assisting
purse  seine  vessels  operating  under  their  flag,  or  (iii)  licensed  to  operate  in  their  exclusive
economic zones, and that have been present in the IOTC area of competence.

Levels  of  activity  of  supply  vessels:  including  number  of  days  at  sea,  on  1°  grid  area  and
month basis.

In addition, contracting parties and cooperating non-contracting parties shall do their best to
provide data on the total number and type of fish aggregating devices (FADs) operated by
the fleet, on a 5° grid area and month basis.

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Timeliness of data submission to IOTC

It is essential that all fishery data be available in due time to allow monitoring of stocks and
analysis of the data. Thus it is recommended that the following rules be applied  as standard
obligations:

Surface fleets and other fleets operating in coastal zones (including supply  vessels) must
provide their fishery data at the earliest possible date  but  no later  than 30  June  each year
(previous year's data).

Longline fleets operating on the high seas must provide the provisional fishery data at the
earliest  date,  but  no  later  than  30  June  (previous  year's  data).  They  must  provide  the  final
estimate of their fishery data before 30 December each year (previous year's data).

The time limits presently allowed  for submitting  statistics  could be  reduced  in  the  future  as
communication  and  data  processing  technologies  become  ever  more  rapid,  which  should
reduce the present data processing delays."

18