Council Regulation (EC) No 869/2004 of 26 April 2004 amending Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish
Date: 2004-04-26
Institutions: Council of the European Union
Subjects: Atlantic Ocean, EU control, data collection, fishery management, fishery resources, fishing controls

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 869/2004

of 26 April 2004

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,

2. the following Articles shall be inserted:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

‘Article 4a

Having regard to the proposal from the Commission,

Activities of vessels participating
relating to bluefin tuna fattening

in operations

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

The International Commission for the Conservation of
Atlantic Tunas (hereinafter referred to as ICCAT) has
adopted a number of recommendations and the Indian
Ocean Tuna Commission (hereinafter
referred to as
IOTC) has adopted a number of resolutions creating
control and surveillance obligations, which have been
transposed in Regulation (EC) No 1936/2001 (2).

ICCAT at its 17th meeting in 2001 and its 13th special
meeting in 2002 and IOTC at its 6th and 7th regular
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,

1.
Each master of a Community vessel that transfers
bluefin tuna for fattening to a transport vessel shall enter
in his logbook:

— quantity of bluefin tuna transferred and the number of

fish,

— catch zone,

— date and position of transfer of bluefin tuna,

— name of transport vessel, its flag, registration number

and international radio call sign,

— name(s) of fattening farm(s) of destination of the quan-

tity of bluefin tuna transferred.

Each master of a transport vessel to which bluefin

2.
tuna have been transferred shall enter:

(a) quantity of bluefin tuna transferred per fishing vessel

and the number of fish;

HAS ADOPTED THIS REGULATION:

Article 1

(b) the name of

the vessel

the quantities
referred to in a), together with its flag, registration
number and international radio call sign;

that caught

(c) date and position of transfer of bluefin tuna;

(d) name(s) of fattening farm(s) of destination of bluefin

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

tuna.

1.

in Article 3 the following points shall be added:

‘(g) “fattening”: raising of individuals in cages to increase
their weight or fat content with a view to marketing;

(h) “caging”: placing of wild individuals of any size in

closed structures (cages) for fattening;

(i) “fattening farm”: enterprise which raises wild indivi-

duals in cages for fattening;

(j) “transport vessel”: vessel receiving wild individuals and

transporting them live to fattening farms.’

(1) Opinion delivered on 13 January 2004 (not yet published in the

Official Journal).

(2) OJ L 263, 3.10.2001, p. 1.

3.
The master shall be exempt from the obligation laid
down in paragraph 2 if the entry is replaced with a copy
of the transhipment declaration provided for in Article 11
of Regulation (EEC) No 2847/93 or a copy of document
T2M referred to in Article 13 of Regulation (EEC) No
2847/93 indicating the information referred to in para-
graph 2(c) of this Article.

4. 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 Article 5, the quantities of bluefin tuna caught
and caged by vessels flying their flag (task I as defined by
ICCAT).

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For exports and imports of bluefin tuna intended for
fattening Member States shall send the Commission the
numbers and dates of the statistical documents indicated in
Council Regulation (EC) No 1984/2003 of 8 April 2003
introducing a system for the statistical monitoring of trade
in bluefin tuna, swordfish and bigeye tuna within the Com-
munity (*) validated by them and state the third country of
destination declared.

5. Member States shall electronically send the Commis-
sion a list of all vessels flying their flag and registered in
the Community that catch bluefin tuna for fattening. Noti-
fication shall be made by 30 April each year, the following
information being given:

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

Commission Regulation (EC) No 2090/98 (**);

— destination of tuna (name of purchaser, country, date

of sale),

— for exports and imports, numbers and dates of valida-
tion of statistical documents indicated in Regulation
(EC) No 1984/2003,

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

where possible,

— average size of tuna marketed.

4.
On the basis of the declaration submitted under para-
graphs 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

(b) the name and address of its owner, operator or char-

year,

terer.

6. Member States shall electronically send the Commis-
sion a list of all vessels authorised by them to provide or
transfer bluefin tuna for fattening. Notification shall be
made by 30 April each year, the following information
being given:

(a) name of vessel, its flag and its 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 caging
declaration as referred to in Annex 1a to their competent
authority 72 hours after the end of each caging 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. Member States shall act
fattening
farms as indicated in paragraph 1 submit to them by 1
July each year a marketing declaration for the bluefin tuna
fattened.

to ensure that

3.
The marketing declaration for bluefin tuna fattened
indicated in paragraph 2 must give the following informa-
tion:

— name of farm,

— address,

— owner,

— quantity of bluefin tuna (in tonnes) marketed in

previous year,

— the quantities of bluefin tuna marketed during the

previous year.

Article 4c

Register of bluefin tuna fattening farms

1.
Before 30 April 2004 each Member State shall send
the Commission electronically a list of the fattening farms
under
to conduct
fattening operations on bluefin tuna caught in the Conven-
tion area.

its jurisdiction which it authorises

The list referred to in paragraph 1 shall give the

2.
following information:

— name of farm, its national registration number,

— location of farm,

— capacity of farm (in tonnes).

3.
The Commission shall forward this information to
the ICCAT Executive Secretariat before 31 August 2004 so
the fattening farms concerned are entered in the
that
ICCAT register of farms authorised to conduct fattening
operations on bluefin tuna caught in the ICCAT Conven-
tion area.

Any change to be made to the list indicated in para-
4.
graph 1 shall be notified to the Commission for transmis-
sion to the ICCAT Executive Secretariat, the same provi-
sions applying, at least 10 working days before the farms
begin fattening activities on bluefin tuna in the ICCAT
Convention area.

5.
Fattening farms under the jurisdiction of a Member
State that are not entered on the list indicated in paragraph
1 may not conduct fattening activities on bluefin tuna
caught in the ICCAT Convention area.

(*) OJ L 295, 13.11.2003, p. 1.
(**) OJ L 266, 1.10.1998, p. 27. Regulation as last
amended by Regulation (EC) No 26/2004 (OJ L 5,
9.1.2004, p. 25).’

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3. Article 5 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

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.

‘1. Member States shall send electronically to the
Commission, which shall pass the information to the
ICCAT Executive Secretariat, 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 Commis-
sion, for scientific purposes, the definite estimates for
the entire year or, where this is not possible, preli-
minary estimates.’

(b) In paragraph 2,

the introductory sentence shall be

replaced by the following:

transmit

Not later than 31 July each year, the Member
‘2.
States shall
the following data (task II as
defined by ICCAT) in electronic form, to the ICCAT
Executive Secretariat with electronic access for the
Commission.’

4. the following paragraph shall be inserted in Article 6:

the Commission,

‘1a) Member States shall transmit to the ICCAT Execu-
tive Secretariat in electronic form, with electronic access
for
for scientific purposes, data on
catches and effort as defined by ICCAT, in particular esti-
mates of discards of dead porbeagle, shortfin mako and
blue sharks.’

5. The following Article shall be inserted:

‘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 indi-
cate in their landing statements the number or weight of
white marlin and blue marlin landed.

2.
By 30 June each year 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
including releases, and landings of white marlin
catches,
and blue marlin.’

6. the following Articles shall be inserted:

‘Article 8a

Register of vessels authorised to fish in the Conven-
tion 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

The list

2.
following information:

indicated in paragraph 1 shall give the

(a) vessel's internal number as defined in Annex I to Regu-

lation (EC) No 2090/98;

(b) any previous flags;

(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 (hereinafter referred
to as the ICCAT register).

4.
Any change to be made to the list indicated in para-
graph 1 shall be notified to the Commission for transmis-
sion to the ICCAT Executive Secretariat, the same proce-
dure 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 included in the list
indicated in paragraph 1 and hold on board a special
fishing licence issued by them are authorised, on the
terms of the licence,
fishing activities
referred to Article 1 in the ICCAT Convention area;

to carry out

(b) no special fishing licence is issued to vessels that have
carried out illegal, unregulated and unreported fishing
in the ICCAT Convention area (IUU fishing), as indi-
cated 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 exer-
cise any control over them, or that their vessels neither
take part in nor are associated with IUU fishing;

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(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.

fishing, retention on board,

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

Before 30 April each year Member States shall send
1.
the Commission a list of the vessels flying their flag char-
tered by contracting parties to the ICCAT Convention for
the current year, together with any changes made at any
time to this list.

Lists as indicated in paragraph 1 shall give the

2.
following information:

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

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;

(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:

(a) the vessel is not authorised to fish during the charter
period against the quota or fishing possibilities allo-
cated to itself;

(b) it

is not authorised to fish under more than one

charter agreement during the same period;

(c) its catches are separately registered from those of other

vessels flying its flag;

(d) 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(1)
may not tranship in the ICCAT Convention area except by
prior authorisation of the flag Member State's competent
authority.’

7.

in Article 9(1) ‘15 June’ shall be replaced by ‘15 August’;

8. the following Article shall be inserted:

‘Article 9a

Annual statement on the application of the ICCAT
management standards by large longliners

Before 1 September each year, Member States with longli-
ners of a length overall of more than 24 metres authorised
to fish in the Convention zone shall
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 IV.;’

transmit

9. the following Articles shall be added.

(f) Member State's assent to the charter agreement;

‘Article 19a

(g) country where the vessel was chartered.

Action to combat IUU fishing

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 of:

(a) its assent to the charter agreement;

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 IUU
in particular any fishing conflicting with ICCAT
fishing,
conservation and management measures.

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Article 19b

Information on vessels presumed to have carried out
IUU fishing

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 Conven-

tion area but is not on the ICCAT register;

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.

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

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

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

Article 19c

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

Convention area or makes false statements;

Action on vessels presumed to have carried out IUU
fishing

(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
ICCAT
Convention area coastal countries or contravenes their
laws and regulations;

jurisdiction of

(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.

On the basis of

information obtained by their
2.
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 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.

1. Member States shall take the necessary measures, in
line with their national legislation and Community law, to
ensure that:

(a) vessels entered on the IUU list 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, the flag State considers that granting
the flag to a vessel will not lead to IUU fishing;

(c) importers, transporters and other operators are encour-
aged 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 shall be 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;

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

(c) importing, landing or transhipping tunas or tuna-like

fish from vessels on the IUU list;’

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10. Chapter II shall be replaced by the following:

(b) the sizes of the species referred to in Article 1 for the

‘CHAPTER II

CONTROL AND SURVEILLANCE MEASURES APPLICABLE
IN ZONE 2

S E C T IO N 1

Control m easures

Article 20

General principles

previous year;

(c) tuna fishing using floating objects, including fish aggre-

gating devices.

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

SE CT ION 2

Po rt i n spe ct i on p roc e d ure s

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

Article 20e

Article 20a

Register of vessels authorised to fish in the IOTC area

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

Article 8a shall apply mutatis mutandis.

SE CT ION 3

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 shall be fitted with flag or
radar reflector buoys and by night with light buoys indi-
cating their position and extent.

S t a t e le ss
ve s s e l s
c on t r a ct i n g p a r t i e s

a n d

ve s s e l s

o f

n o n -

Article 21

Observation

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

2. Member States shall without delay send this informa-
tion to the Commission, which shall send it to IOTC.

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.

Article 21a

Control of fishing activities

Fish aggregating devices shall be clearly marked at all
3.
times with the letter(s) and/or number(s) of the vessel(s) to
which they belong.

Article 20 d

Article 18 shall apply mutatis mutandis.

Article 21b

IUU vessels

Statistical notification for scientific purposes

Article 19b shall apply mutatis mutandis.

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

(a) fishing effort and catches of species referred to in

Article 1 for the previous year;

Article 21c

Measures concerning vessels presumed to have carried
out IUU fishing

Article 19c shall apply mutatis mutandis.’

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11. the text set out in Annex I to this Regulation shall be inserted as Annex Ia;

12. the text set out in Annex II to this Regulation shall be inserted as Annexes IV and V.

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

Article 2

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

Done at Luxembourg, 26 April 2004.

For the Council

The President

J. WALSH

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I

X
E
N
N
A

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I
I

X
E
N
N
A

I
I

t
n
e
m
h
c
a
t
t

A

V

I

X
E
N
N
A

‘

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ANNEX V

Catch and effort data

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 estab-
lished 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 routi-
nely 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.

Timeliness of data submission to IOTC

It is essential that all fishery data be available to the IOTC Secretariat 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.’