Proposal for a Council Regulation amending Council Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin tuna recommended by the International Commission for the Conservation of Atlantic Tunas
Date: 2007-02-27
Institutions: European Commission
Subjects: EU waters, authorised catch, conservation of fish stocks, document management, fishing area, fishing controls, fishing fleet, fishing regulations, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.2.2007 
COM(2007) 74 final 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin 
tuna recommended by the International Commission for the Conservation of Atlantic 
Tunas 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The purpose of this proposal is to implement at a Community level the recovery plan 
for  bluefin  tuna  adopted  by  ICCAT,  for  2007  pending  the  adoption  of  a  Council 
Regulation  implementing  multi-annual  measures  for  the  recovery  of  the  bluefin  tuna 
stock.  

120 

•  General context 

The European Community participates in a number of regional fisheries organisations 
which  provide  a  framework  for  regional  cooperation  on  the  conservation  and 
management  of  certain  stocks  of  highly  migratory species. These organisations  adopt 
recommendations,  including  Total  Allowable  Catch  (TAC)  and  quotas,  technical 
measures for the fixing of minimum sizes for fish, closed areas and seasons, restriction 
on  fishing  effort  and  control  measures.  The  recommendations  become  binding  on 
Contracting  Parties  which  do  not  object  to  them.  As  a  Contracting  Party  to  those 
organisations, the Community has a responsibility to apply recommendations adopted 
to which it has raised no objections. 

The Community is a member of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) since November 1997. It is therefore necessary to implement 
the  recommendations  adopted  by  ICCAT  into  Community  law  to  ensure  sustainable 
management of the resources under the jurisdiction of that organisation. 

At  its  Annual  Meeting  in  2006,  the  ICCAT  adopted  a  15  year  Recovery  plan  for 
bluefin tuna in the Eastern Atlantic and Mediterranean. 

In order to rebuild the stock, the ICCAT Recovery plan provides for a reduction of the 
TAC  level  until  2010,  restriction  on  fishing  within  certain  areas  and  time  periods,  a 
new  minimum  size,  measures  concerning  sport  and  recreational  fishing  activities  as 
well  as  control  measures  and  the  implementation  of  the  ICCAT  Scheme  of  Joint 
International Inspection to ensure the effectiveness of that plan. 

In  addition,  ICCAT  decided  on  an  allocation  scheme  to  share  the  TAC  between  the 
Contracting Parties at the ICCAT Meeting in Tokyo held on 29-31 January 2007. 

Based  on  the  quota  attributed  by  ICCAT  to  the  European  Community  it  will  be 
necessary  for  the  Council  to  review  the  provisional  quota  and  associated  conditions 
fixed  by  the  Fishery  Council  in  December  2006  and  will  decide  on  catch  limits  for 
2007  and  on  the  allocation  of  fishing  opportunities  among  Member  States  as  well  as 
the conditions associated with those limits. 

Since  the  fishery  for  bluefin  tuna  by  Community  vessels  will  start  in  February,  and 
since the measures for the management and control of this fishery as agreed upon by 
ICCAT concern the whole of the fishing season, it is necessary to apply these measures 
as from February 2007 instead of the entry into force on 13 June 2007 in accordance 
with  ICCAT  rules,  in  order  to  ensure  the  compliance  with  the  Recovery  Plan  for 

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bluefin tuna, with the exception of the minimum size provisions which enter into force 
on 13 June 2007. 

In  this  context,  it  is  necessary  to  implement  these  measures  in  2007  through  a 
modification  of  the  Council  Regulation  fixing  for  2007  the  fishing  opportunities  and 
associated  conditions  for  certain  fish  stocks  and  groups  of  fish  stocks,  applicable  in 
Community waters and, for Community vessels, in waters where catch limitations are 
required,  pending  the  adoption  of  a  Council  Regulation,  based  on  Article  37, 
implementing multi-annual measures to recover the bluefin tuna stock on a permanent 
basis. 

130 

•  Existing provisions in the area of the proposal 

Some  technical  measures  adopted  by  ICCAT  for  bluefin  tuna  have  now  been 
incorporated in Community law as Council Regulation (EC) No 973/2001 of 14 May 
2001 laying down technical measures for the conservation of certain stocks of highly 
migratory  species  (OJ  L  137,  19.5.2001)  as  last  amended  by  Regulation  (EC) 
No  831/2004  (OJ  L  127,  29.4.2004)  and  on  a  provisional  basis  in  Regulation  (EC) 
No  41/2007  fixing  for  2007  the  fishing  opportunities  and  associated  conditions  for 
certain fish stocks and groups of fish stocks, applicable in the Community waters and, 
for  Community  vessels,  in  waters  where  catch  limitations  are  required.  Technical 
measures  include  the  minimum  size  of  bluefin  tuna  and  closed  fishing  areas  and 
seasons  which  have  been  modified  at  the  Annual  Meeting  of  ICCAT  in  2006,  the 
current legislation in force should therefore be updated. 

140 

•  Consistency with other policies and objectives of the Union 

The  proposal  is  in  keeping  with  the  general  pattern  of  the  sustainable  exploitation  of 
tuna  stocks  in  compliance  with  the  objectives  of  the  Common  Fisheries  Policy  and 
contributes to sustainable development. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

In order to prepare the Community position in the context of the negotiations that take 
place  at  annual  meetings  of  ICCAT,  the  Commission  consults  with  Member  States, 
those involved in the industry and NGOs. 

212 

Summary of responses and how they have been taken into account 

The main sectors consulted have approved the Community position on the adoption of 
a  multi-annual  Recovery  plan  for  bluefin  tuna  in  the  Eastern  Atlantic  and 
Mediterranean. 

•  Collection and use of expertise 

221 

Scientific/expertise domains concerned 

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Scientific Committee of ICCAT 

222 

Methodology used 

The  Scientific  Committee  assesses  the  stocks  and  recommends  the  adoption  of 
management and conservation measures to ensure the sustainable exploitation of tuna 
stocks, in particular through the adoption of technical measures. 

223 

Main organisations/experts consulted 

Scientific Committee of ICCAT 

2244 

Summary of advice received and used 

225 

226 

230 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned. There is unanimity on the existence of such risks. 

The  existence  of  such  risks  is  universally  accepted.  The  Scientific  Committee  of 
ICCAT has indicated in its 2006 stock assessment that the spawning stock biomass for 
bluefin  tuna  continues  to  decline,  while  fishing  mortality  is  increasing  rapidly, 
especially for large fish. 

The  Scientific  Committee  has  indicated  a  possible  collapse  of  this  stock  in  the  near 
future unless adequate management measures are implemented. 

The  Scientific  Committee  of  ICCAT  has  recommended  the  adoption  of  measures  to 
ensure  the  sustainable  exploitation  of  bluefin  tuna,  principally  through  the  fixing  of 
minimum size and closed fishing areas and season. 

Means used to make the expert advice publicly available 

The opinions of the Scientific Committee are published on the ICCAT website. 

•  Impact assessment 

The aim of the Recovery plan for bluefin tuna is to ensure the sustainable exploitation 
of bluefin tuna and in particular to reduce the fishing mortality  of both juveniles and 
adult fish by a combination of closed fishing seasons and increased minimum size. 

The  Recovery  plan  implemented  at  the  Community  level,  will  apply  to  Community 
fishermen  fishing  for  bluefin  tuna  in  the  Eastern  Atlantic  Ocean  and  Mediterranean 
Sea. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

Transposal  into  Community  law  of  measures  adopted  by  ICCAT  responsible  for  the 
management of tuna species to which the European Community is a Contracting Party. 

310 

•  Legal basis 

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Article 20 of the Council Regulation (EC) No 2371/2002 of 20 December 2002 on the 
conservation  and  sustainable  exploitation  of  fisheries  ressources  under  the  Common 
Fisheries Policy. 

329 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

331 

The proposal complies with the principle of proportionality, for the following reasons: 

The  recommendations  adopted  by  the  regional  fisheries  organisations  are  directly 
enforceable  by  the  Community  and  the  Member  States.  However,  in  the  interests  of 
clarity  and  transparency,  they  are  incorporated  in  a  Council  regulation  in  order  to 
clarify them so that they can be better applied by the Member States and fishermen. 

332 

341 

342 

409 

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There are no financial consequences. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

Recommendations  adopted  by  Regional  Fisheries  Organisations  are  transposed  in  a 
Council Regulation. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Detailed explanation of the proposal 

This proposal seeks to transpose the Recovery plan for bluefin tuna adopted by ICCAT 
including inter alia TAC and quota, technical measures for the fixing of minimum size 
for bluefin tuna, closed areas and seasons and control measures. 

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Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 41/2007 as concerns the recovery plan for bluefin 
tuna recommended by the International Commission for the Conservation of Atlantic 
Tunas 

THE COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community; 

Having  regard  to  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy1, and in particular Article 20 thereof; 

Having regard to the proposal from the Commission; 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Regulation  (EC)  No  41/2007  fixes  for  2007  the  fishing  opportunities  and  associated 
conditions for certain fish stocks and groups of fish stocks, applicable in community 
waters and, for Community vessels, in waters where catch limitations are required.2 

The  Community  has,  since  14  November  1997,  been  a  Party  to  the  International 
Convention for the Conservation of Atlantic Tunas3. 

At  its  Annual  Meeting  in  November  2006,  the  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  (ICCAT)  adopted  Recommendation  2006[05]  to 
establish  a  15-year  recovery  plan  for  bluefin  tuna  in  the  Eastern  Atlantic  and 
Mediterranean. 

Regulation  (EC)  No  41/2007  the  fishing  opportunities  and  associated  conditions  for 
bluefin tuna were fixed on a provisional basis, pending an agreement on the final share 
of this stock under the ICCAT convention. 

In  order  to  rebuild  the  stock,  the  ICCAT  recovery  plan  provides  for  a  graduated 
reduction of the Total Allowable Catch (TAC) level from 2007 to 2010, restrictions on 
fishing  within  certain  areas  and  time  period,  a  new  minimum  size  for  bluefin  tuna, 
measures  concerning  sport  and  recreational  fishing  activities  as  well  as  control 
measures  and  the  implementation  of  the  ICCAT  Scheme  of  Joint  International 
Inspection to ensure the effectiveness of the recovery plan. In order to contribute to the 

1 
2 
3 

OJ L 358, 31.12.2002, p.59 
OJ L 15, 20.1.2007, p.1 
OJ L 162, 18.6.1986, p. 33 

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conservation of bluefun tuna, it is necessary to implement those measures from 2007 
pending the adoption of a Council Regulation implementing multi-annual measures for 
the recovery of the bluefin tuna stock. 

(6) 

Since the fishery for bluefin tuna by Community vessels will start in February 2007, it 
is necessary to apply the management and control measures for this fishery as agreed 
upon by ICCAT as from February 2007 instead of 13 June 2007 as mentioned in the 
ICCAT  Recommendation  2006  [05]  in  order  to  ensure  the  compliance  with  the 
recovery plan for bluefin tuna. 

(7) 

Regulation (EC) No 41/2007 should therefore be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 41/2007 is amended as follows: 

1. 

The following Chapter shall be inserted: 

"CHAPTER Xa 

Multi-annual Recovery Plan for Bluefin Tuna in the Eastern 
Atlantic and Mediterranean 

SECTION 1  
 MANAGEMENT MEASURES 

Article 80a 
Scope 

This Chapter  lays  down the general rules for the application by the Community of  a Multi-
annual Recovery Plan for Bluefin Tuna (thunnus thynnus) recommended by the International 
Commission  for  the  Conservation  of  the  Atlantic  Tunas  (ICCAT).  It  shall  apply  to  bluefin 
tuna in the Eastern Atlantic and the Mediterranean. 

The  objective  of  that  recovery  plan  shall  be  to  achieve  a  biomass  corresponding  to  the 
maximum sustainable yield (Bmsy) with greater than 50% probability. 

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Article 80b 
Definitions 
For the purpose of this Chapter, the following definitions shall apply: 

a) 

b) 

c) 

"CPCs"  means  Contracting  Parties  to  the  International  Convention  for  the 
Conservation of the Atlantic Tuna and Cooperating Non-Contracting Parties, Entities 
or Fishing Entities. 

"Fishing  vessel"  means  any  vessel  used  or  intended  for  use  for  the  purposes  of  the 
commercial  exploitation  of  tuna  resources,  included  fish  processing  vessels  and 
vessels engaged in transhipment; 

"Joint  fishing operation" means any operations between two or more vessels flying 
the  flag  of  different  ICCAT  CPCs  or  of  Member  States  where  catch  is  transferred 
from the fishing gear of one vessel to another; 

d) 

"Transfer activities" means any transfer of bluefin tuna  

(i) 

from the fishing vessel to the end fattening bluefin tuna farm, including for the 
fish dead or escaped during the transport,  

(ii) 

from a bluefin tuna farm or a tuna trap to a processing vessel, transport vessel 
or to land. 

“Tuna trap” means fixed gear anchored to the bottom usually containing a guide net 
that leads fish into an enclosure. 

"Caging" means that bluefin tuna is not taken on board and includes both, fattening 
and farming,  

"Fattening"  means  caging  of  bluefin  tuna  for  a  short  period  (2-6  months)  aiming 
mostly at increasing the fat content of the fish,  

"Farming" means caging of bluefin tuna for a period longer than one year, aiming to 
increase the total biomass,  

"Transhipment"  means  the  unloading  of  all  or  any  of  the  fish  on  board  a  fishing 
vessel to another fishing vessel at port,  

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

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

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

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

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m) 

"Task  II"  means  task  II  as  defined  by  the  International  Commission  for  the 
Conservation of the Atlantic Tunas (ICCAT) in the "Field manual for statistics and 
sampling Atlantic tunas and tuna-like fish" (Third edition, ICCAT, 1990). 

Article 80c 

1.  Each  Member  State  may  allocate  its  bluefin  tuna  quota  to  its  fishing  vessels  and  traps 
authorised to fish actively for bluefin tuna. 

2. Private trade arrangements between nationals of a Member State and a CPC in order to use 
a fishing vessel  flying the flag of that Member State  for  fishing  in  the  framework  of  a  tuna 
quota of an ICCAT CPC, shall be concluded only under authorisation by the Member State 
concerned which shall inform the Commission. 

Article 80d 
Joint Fishing operations 

1. 

2. 

3. 

Joint  fishing  operations  for  bluefin  tuna  involving  vessels  flying  the  flag  of  a 
Member  State  shall  only  be  authorised  with  the  consent  of  the  Flag  Member  State 
concerned  

Each  Member  State  shall  take  the  necessary  measures  to  obtain  from  its  fishing 
vessel participating in the joint fishing operation detailed information concerning the 
duration of the joint operation and the identity of the operators involved.  

Each Member State shall transmit the information referred to in paragraph 2 to the 
ICCAT Secretariat and the Commission. 

SECTION 2  
 TECHNICAL MEASURES 

Article 80e 
Closed fishing season 

By  way  of  derogation  from  the  provision  laid  down  in  Article  5  of  Regulation  (EC)  
N° 973/2001: 

(a) 

(b) 

(c) 

Bluefin  tuna  fishing  shall  be  prohibited  in  the  East  Atlantic  and  Mediterranean  by 
large-scale pelagic longline vessels over 24  m  during  the  period  from  1  June  to  31 
December 2007, with the exception of the area delimited by West of 10°W and North 
of 42° N.  

Purse  seine  fishing  for  bluefin  tuna  shall  be  prohibited  in  the  East  Atlantic  and 
Mediterranean during the period from 1 July to 31 December 2007. 

Bluefin  tuna  fishing  by  bait  boats  shall  be  prohibited  in  the  East  Atlantic  and 
Mediterranean during the period from 15 November to 15 May 2008. 

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(d) 

Bluefin  tuna  fishing  by  pelagic  trawlers  shall  be  prohibited  in  the  East  Atlantic 
during the period from 15 November to 15 May 2008. 

Article 80f 
Use of planes 

By  way  of  derogation  from  the  provision  laid  down  in  Article  5  of  Regulation  (EC)  
N° 973/2001 Member States shall take necessary measures to prohibit the use of airplanes or 
helicopters for searching for bluefin tuna in the Convention Area. 

Article 80g 
Minimum size 

By way of derogation from Annex IV of Regulation (EC) N° 973/2001, the minimum 
1. 
size  for  bluefin  tuna  in  the  East  Atlantic  and  in  the  Mediterranean  Sea  shall  be  30  kg  with 
effect from 13 June 2007. 

By derogation to paragraph 1 and without prejudice to Article 80i, a minimum size for 
2. 
bluefin tuna (Thunnus thynnus) of 8 kg shall apply for the following bluefin tunas, with effect 
from 13 June 2007: 

bluefin  tuna  caught  in  the  Eastern  Atlantic  by  bait  boats,  trolling  boats  and  pelagic 

a) 
trawlers. 

b) 

bluefin tuna caught in the Adriatic Sea for farming purposes.  

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

3. 
bait boats, trolling boats and pelagic trawlers are set out in Part I of Annex XVIa. 

Article 80h 
Sampling plan for bluefin tuna 

1. 

2. 

3. 

4. 

By way of derogation from the provisions laid down in Article 5a of Regulation (EC) 
No  973/2001,  each  Member  State  shall  establish  a  sampling  programme  for  the 
estimation of the numbers-at-size of the bluefin tuna captured. 

Sampling by size in cages shall be carried out on a sample of 100 specimens per 100 
tonnes of live fish or on a sample of 10% of the total number of fish placed in a cage. 
The size sample, on basis of length or weight, shall be taken during harvesting at the 
farm, and on the dead fish during transport in accordance with the method adopted 
by the ICCAT for notifying data in the framework of Task II. 

Additional methods and samplings shall be developed for fish reared for more than 
one year. 

Sampling  shall  be  carried  out  during  a  harvest  taken  at  random  and  shall  cover  all 
cages. The data shall be notified to the ICCAT by 31 May 2008 for sampling carried 
out the previous year in 2007. 

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Article 80i 
By-catch 

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

1. 
10 kg shall be authorised for fishing vessels, fishing actively or not for bluefin tuna.  

2. 
The percentage mentioned in paragraph 1 shall be calculated either on the basis of the 
total by-catch in number of fish per landing of the total bluefin tuna catches of these vessels, 
or on basis of its weight equivalence in percentage.  

By-catch must be deducted from the quota of the flag Member State. The discard of 

3. 
dead fish shall be prohibited and shall be deducted from the quota of the flag Member State. 

4. 

Articles 80n and 80p(3) shall apply to landings of by-catch of bluefin tuna. 

Article 80j 
Recreational fisheries 

1. In the framework of recreational fisheries it shall be prohibited to catch, retain on board, 
tranship and land more than one piece of bluefin tuna in each sea trip. 

2. The marketing of bluefin tuna caught in recreational fishing shall be prohibited except for 
charitable purposes. 

3. Each Member State shall record catch data from recreational fishing and transmit this data 
to the Standing Committee on Research and Statistics of ICCAT. 

4.  Each  Member  State  shall  take  the  necessary  measures  to  ensure,  to  the  greatest  extent 
possible,  the  release  of  bluefin  tuna  caught  alive,  especially  juveniles,  in  the  framework  of 
recreational fishing. 

Article 80k 
Sport fisheries 

1.  Member  States  shall  take  the  necessary  measures  to  regulate  sport  fishing,  notably  by 
fishing authorisations.  

2.  The  marketing  of  bluefin  tuna  caught  in  sport  fishing  competitions  shall  be  prohibited 
except for charitable purposes. 

3. Each Member State shall record catch data from sport fishing and transmit this data to the 
Standing Committee on Research and Statistics of ICCAT. 

4.  Each  Member  State  shall  take  the  necessary  measures  to  ensure,  to  the  greatest  extent 
possible, the release of the bluefin tuna caught alive, especially juveniles, in the framework of 
sport fishing. 

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SECTION 3 
CONTROL MEASURES 

Article 80l 
Register of vessels authorised to fish for bluefin tuna 

1. 

2. 

3. 

4. 

By 1 April 2007, each Member State shall send the Commission electronically a list 
of all fishing vessels flying its flag authorised to fish actively for bluefin tuna in the 
Eastern Atlantic and Mediterranean Sea by issue of a special fishing permit. 

The Commission shall send this information to the ICCAT Executive Secretariat so 
that those vessels can be entered on the ICCAT record of vessels authorised to fish 
for bluefin tuna. 

Community  fishing  vessels  not  entered  into  the  ICCAT  record  may  not  fish  for, 
retain  on  board,  tranship,  transport,  transfer  or  land  bluefin  tuna  in  the  Eastern 
Atlantic and Mediterranean Sea. 

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

Article 80m 
Register of tuna traps authorised to fish for bluefin tuna 

1. 
By 1 April 2007, each Member State shall send the Commission electronically a list of 
its  authorised  tuna  traps  authorised  to  fish  for  bluefin  tuna  in  the  Eastern  Atlantic  and 
Mediterranean Sea by issue of a special fishing licence. The list shall include the name of the 
traps and the register number. 

2. 
The  Commission  shall  send  the  list  to  the  ICCAT  Executive  Secretariat  before  15 
April  2007  so  that  these  tuna  traps  can  be  entered  on  the  ICCAT  record  of  tuna  traps 
authorised to fish for bluefin tuna. 

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

3. 
tranship or land bluefin tuna in the Eastern Atlantic and Mediterranean Sea. 

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

4. 
mutatis mutandis. 

Article80n 
Designated ports 

1. 
It shall be prohibited to land and or tranship from vessels referred to in Article 80l any 
quantity of bluefin tuna fished in East Atlantic and Mediterranean Sea at any place other than 
ports designated by CPCs. 

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Member  States  shall  designate  a  place  to  be  used  for  landing  or a  place  close  to  the 
2. 
shore  (designated  ports)  where  landing  or  transhipment  operations  of  bluefin  tuna  are 
permitted. 

Member States shall transmit to the Commission no later than 1 April 2007 a list of 
3. 
designated  ports.  The  Commission  shall  send  this  information  to  the  ICCAT  Executive 
Secretariat before 15 April 2007. Any subsequent changes to the list shall be notified to the 
Commission for transmission to the ICCAT Executive Secretariat, at least 15 days before the 
change shall come into force.  

Article80o 
Transhipment 

1. 
By way of derogation from Article 11 of Regulation (EEC) No 2847/93 transhipment 
at sea of bluefin tuna in the East Atlantic and Mediterranean Sea shall be prohibited, except 
for  large–scale  tuna  longline  fishing  vessels  operating  in  accordance  with  ICCAT 
Recommendation2005[06]  establishing  a  programme  for  transhipment  for  large-scale  tuna 
longline fishing vessels, as amended. 

2. 
Prior  to  entry  into  any  port,  the  master  of  the  receiving  vessels  (catching  vessel  or 
processing  vessel)  or  his  representative,  shall  provide  the  competent  authorities  of  the 
Member State who's port he wants to use or competent authorities of the Member State of the 
farm concerned at least 48 h before the estimated time of arrival with the following: 

a) 

b) 

c) 

estimated time of arrival, 

estimated quantity of bluefin tuna retained on board, 

information on the geographical area where the catches were taken; 

the  name  of  the  catching  vessel  and  its  number  in  the  ICCAT  record  of  authorised 

d) 
fishing vessels for bluefin tuna, 

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

e) 
vessels for bluefin tuna, 

f) 

the tonnage of bluefin tuna to be transhipped, 

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

3. 
prior authorisation from their flag state.  

The master of the catching vessel shall, at the time of the transhipment, inform its Flag 

4. 
State of the following: 

a) the quantities of bluefin tuna transhipped, 

b) the date and port of the transhipment, 

c) the name, registration number and flag of the receiving vessel and its number in the ICCAT 
record of authorised fishing vessels for bluefin tuna, 

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d) the geographical area of the tuna catches  

5. 
The  competent  authority  of  the  Member  State  in  which  port  the  transhipment  takes 
place or the competent authorities of the Member State of the farm concerned shall inspect the 
receiving vessel on arrival and check the cargo and documentation related to the transhipment 
operation. 

6. 
The  competent  authority  of  the  Member  State  of  which  port  the  transhipment  takes 
place  or  the  competent  authorities  of  the  Member  State  of  the  farm  concerned,  shall  send  a 
record of the transhipment to the flag State authority of the catching vessel, within 48 hours 
after the transhipment has ended. 

7. 
The  masters  of  Community  vessels  referred  to  in  Article  80l  shall  complete  and 
transmit  the  ICCAT  transhipment  declaration  to  the  competent  authorities  of  the  Member 
State whose flag the vessels are flying. The declaration shall be transmitted no later than 15 
days after the date of transhipment in port in accordance with the format set out in Part III of 
Annex XVIa.  

Article80p 
Recording requirements 

1. 

2. 

In  addition  to  complying  with  Article  6  and  8  of  Regulation  (EEC)  No  2847/93, 
masters of the Community vessels referred to in Article 80l shall enter in the logbook 
the information listed in Part II of Annex XVIa. 

The masters of the Community vessels referred to in Article 80l engaged in a joint 
fishing operation shall record the following information in their logbook: 

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

- 

- 

- 

the date and the time, 

the location (longitude/latitude), 

amount of catches taken on board, or transferred into cages, 

the name and international radio call sign of the fishing vessel by whose gear the catch 

- 
has been taken, 

where  the  catch  is  not  taken  on  board  or  is  in  a  net  before  transfer  activities  or 

b) 
transferred into cages: 

- 

- 

- 

the date and the time, 

the location (longitude/latitude), 

that no catches have been taken on board or have been transferred into cages, 

the name and international radio call sign of the catching fishing vessel by whose gear 

- 
the catch has been taken. 

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3. 

a) 

b) 

c) 

By  way  of  derogation  from  the  provision  of  Article  7  of  Regulation  (EEC)  No 
2847/93,  masters  of  the  Community  vessels  referred  to  in  Article  80l  of  this 
Regulation or their representative shall notify the competent authority of the Member 
State  whose  ports  or  landing  facility  they  wish  to  use  at  least  4  hours  before  the 
estimated time of arrival at the port, of the following:  

estimated time of arrival, 

estimate of quantity of bluefin tuna retain on board, 

information on the zone where the catches were taken; 

The relevant authority of the Member State shall send a record of the landing to the 

4. 
flag authority of the vessel, within 48 hours after the landing has ended.  

Article 80q 
Inspection in port or in farm 

Member States shall take the necessary measures to ensure that all vessels referred to 
1. 
in  ICCAT  Record  of  vessel  authorised  to  fish for  bluefin  tuna  entering  a  designated  port  to 
land  and/or  tranship  bluefin  tuna  caught  in  the  Eastern  Atlantic  and  Mediterranean  Sea  are 
submitted to an inspection in port. 

Member States shall take the necessary measures to inspect the caging operation in the 

2. 
farms falling under their jurisdiction. 

When  the  farms  are  located  beyond  waters  under  jurisdiction  of  Member  States,  the 
3. 
provisions of paragraph 2 shall apply, mutatis mutandis, to Member States where the natural 
or legal persons responsible for the farm are established. 

Article 80r 
Catch reports 

1. 
The masters of Community fishing vessels referred to in Article 80l shall send to the 
competent  authorities  of  their  flag  Member  State  a  'catch  report'  stating  the  quantities  of 
bluefin tuna, including zero catch returns. 

2. 
The report shall for the first time be transmitted at the latest at the end of the ten days 
after  the  entry  into  Eastern  Atlantic  and  Mediterranean  Sea  or  after  the  beginning  of  the 
fishing trip. In the case of joint operations the master shall indicate for which vessel or vessels 
the catches shall be counted against the quota of the Flag State. 

From  1  June  2007,  the  masters  of  fishing  vessels  shall  transmit  the  report  on  the 

3. 
quantity of bluefin tuna, including zero catch returns on a 5 days basis. 

Each Member State shall, upon receipt, forward catch reports by electronic means or 

4. 
other means to the ICCAT Secretariat. 

5. 
Member States shall inform the Commission, by computer-readable form, before the 
fifteenth  day  of  each  month,  of  the  quantities  of bluefin tuna caught in the Eastern  Atlantic 

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and  Mediterranean  Sea  which  have  been  landed,  transhipped  or  caged  by  the  vessel  flying 
their flag during the preceding month. 

Article 80s 
Cross check 

1. 
Member  States  shall  verify,  including  by  using  VMS  (Vessel  Monitoring  System) 
data, the submission of logbooks and relevant information recorded in the logbooks of their 
vessels, in the transfer/transhipment document and in the catch documents.  

The  Member  States  shall  carry  out  administrative  cross  checks  on  all  landings,  all 
2. 
transhipment or caging between the quantities by species recorded in the vessels logbook or 
quantities by species recorded in the transhipment declaration and the quantities recorded in 
the  landing  declaration  or  caging  declaration,  and  any  other  relevant  document,  such  as 
invoice and/or sales notes. 

Article 80t 
Caging operations 

1. 
The Member State under whose jurisdiction the farm for bluefin tuna is located shall 
submit within one week of the completion of the caging operation a caging report, validated 
by an observer, to the Member State or Contracting Party whose flag vessels have fished the 
tuna  and  to  ICCAT  Secretariat.  This  report  shall  contain  the  information  included  in  the 
caging declaration as referred to in Article 4 b of Regulation (EC) No 1936/2001.  

2. 
When the fattening farms are located beyond waters under the jurisdiction of Member 
States, paragraph 1 shall apply, mutatis mutandis, to Member States where the natural or legal 
persons responsible for fattening farms are established. 

3. 
Before  any  transfer  activity,  the  flag  Member  State  of  the  catching  vessel  shall  be 
informed  by  the  competent  authority  of  the  farm  Member  State  of  the  transfer  into  cage  of 
quantities  caught  by  fishing  vessels  flying  its  flag.  The  Flag  Member  State  of  the  catching 
vessel  shall  request  the  competent  authority  of  the  farm  Member  State  to  proceed  to  the 
seizure of the catches and the release of the fish into the sea if it considers on receipt of that 
information that: 

the fishing vessel declared to have caught the fish had not sufficient quota for bluefin 

a) 
tuna put into the cage, 

the  quantity  of  fish  has  not  been  duly  reported  and  not  taken  into  account  for  the 

b) 
calculation of any quota that may be applicable, 

the fishing vessel declared to have caught the fish is not authorised to fish for bluefin 

c) 
tuna. 

4. 
The master of the Community fishing vessels shall complete and transmit to the Flag 
Member State the ICCAT transfer declaration not later than 15 days after the date of transfer 
to tug vessels or to the cage, in accordance with the format set out in Part III of Annex XVIa. 
The transfer declaration shall accompany the transferred fish during transport to the cage.  

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Article 80u 
Trap activities 

1. 
Catches shall be recorded after the end of every fishing operation in tuna traps and the 
catch record shall be transmitted by electronic means or other means within 48 hours after the 
end of every fishing operation to the competent authority.  

Each Member State shall, upon receipt, forward the catch record by electronic means 

2. 
to the ICCAT Secretariat. 

Article 80v 
Observer programme 

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

1. 
length for at least: 

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

(a) 
observer shall be present during the fishing operation,  

(b) 

20% of its active pelagic trawlers, 

(c) 

20% of its active longline vessels, 

(d) 

20% of its active bait boats, 

(e) 

100% during the harvesting process for tuna traps. 

The observer tasks shall be, in particular, to: 

(a) 

monitor a vessel compliance with the present Chapter, 

(b) 

record and report upon the fishing activity, 

(c) 

observe and estimate catches and verify entries made in the logbook, 

sight  and  record  vessels  which  may  be  fishing  contrary  to  ICCAT  conservation 

(d) 
measures. 

In  addition,  the  observer  shall  carry  out  scientific  work,  such  as  collecting  task  II  data  as 
defined by ICCAT, when required by the International Commission for the Conservation of 
the Atlantic Tunas, based on the instructions from the Standing Committee on Research and 
Statistics of ICCAT. 

2. 
Each Member State under whose jurisdiction the farm for bluefin tuna is located shall 
ensure an observer presence during all transfer of bluefin tuna to the cages and all harvest of 
fish from the cage. 

The observer tasks shall be, in particular, to: 

observe and monitor farming operation compliance in accordance with Article 4a, 4b 

(a) 
and 4c of (EC) Regulation No 1936/2001, 

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(b) 

validate the caging report referred to in Article 80t, 

(c) 
carry  out  such  scientific  work,  for  example  collecting  samples,  as  required  by  the 
International Commission for the Conservation of the Atlantic Tunas based on the instructions 
from the Standing Committee on Research and Statistics of ICCAT. 

Article 80w 
Enforcement 

1. 
Member States shall take enforcement measures with respect to a vessel, where it has 
been established, in accordance with their law that the fishing vessel flying its flag does not 
comply with the provisions of Articles 80e, 80g, 80n, 80o, 80p. The measures may include in 
particular,  depending  on  the  gravity  of  the  offence  and  in  accordance  with  the  pertinent 
provisions of national law: 

(a) 

fines, 

(b) 

seizure of illegal fishing gear and catches, 

(c) 

sequestration of the vessel, 

(d) 

suspension or withdrawal of authorisation to fish, 

(e) 

reduction or withdrawal of the fishing quota, if applicable. 

2. 
Each Member State under whose jurisdiction the farm for bluefin tuna is located shall 
take  enforcement  measures  with  respect  to  a  farm,  where  it  has  been  established,  in 
accordance with its law that this farm does not comply with the provisions of Articles 80t and 
80v(2)  of  this  Regulation  and  and  Article  4a,  4b  and  4c  of  (EC)  Regulation  No  1936/2001. 
The  measures  may  include  in  particular  depending  on  the  gravity  of  the  offence  and  in 
accordance with the pertinent provisions of national law: 

(a) 

fines, 

(b) 

suspension or withdrawal of the record of fattening farm, 

(c) 

prohibition to put into cages or market quantities of bluefin tuna. 

Article80x 
Market measures 

1. 
Internal trade, landing, imports, exports, placing in cages for farming, re-exports and 
transhipments  of  Eastern  Atlantic  and  Mediterranean  bluefin  tuna  species  that  are  not 
accompanied  by  accurate,  complete,  and  validated  documentation  required  by  this  Chapter 
shall be prohibited. 

2. 
Internal trade, imports, landings, placing in cages for farming, processing, exports, re-
exports  and  the  transhipment  of  Eastern  Atlantic  and  Mediterranean  bluefin  tuna  (thunnus 
thynnus) caught by fishing vessels whose Flag State either does not have a quota, catch limit 
or allocation of fishing effort for Eastern Atlantic and Mediterranean bluefin tuna, under the 

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terms  of  ICCAT  management  and  conservation  measures,  or  when  the  Flag  State  fishing 
possibilities are exhausted, shall be prohibited 

Internal  trade,  imports,  landings,  processing,  exports  from  farms  that  do  not  comply 

3. 
with ICCAT Recommendation 2006 [07] on bluefin Tuna Farming shall be prohibited. 

Article 80y 
Conversion factors 

The  conversion  factors  adopted  by  the  Standing  Committee  on  Research  and  Statistics  of 
ICCAT shall apply to calculate the equivalent round weight of the processed bluefin tuna. 

Article 80z 
ICCAT Scheme of Joint International Inspection 

1.  The  ICCAT  Scheme  of  Joint  International  Inspection  adopted  by  ICCAT  at  its  Fourth 
Regular  Meeting  (Madrid,  November  1975)  shall  apply  in  the  Community.  The  text  of  the 
scheme is reproduced in Part IV of Annex XVIa. 

2.  Member  States  whose  fishing  vessels  are  authorised  to  fish  bluefin  tuna  in  the  Eastern 
Atlantic and Mediterranean Sea shall assign inspectors to carry out inspections at sea. 

3. The Commission may assign Community inspectors to the Scheme. 

4.  The  Commission  shall  coordinate  the  surveillance  and  inspection  activities  for  the 
Community. It may draw up, in concert with the Member States concerned, joint inspection 
programmes for that purpose which will enable the Community to fulfil its obligation under 
the  Scheme.  The  Member  States  whose  vessels  are  engaged  in  fisheries  on  regulated 
resources  shall  adopt  the  necessary  measures  to  facilitate  the  implementation  of  these 
programmes particularly as regards the human and material resources required and the periods 
and zones when these are to be deployed. 

5. Member States shall inform the Commission by 1 April 2007 of the names of the inspectors 
and  the  inspection  vessels  they  are  intending  to  assign  to  the  Scheme  during  the  following 
year. Using this information the Commission shall draw up, in collaboration with the Member 
States, a forward plan for Community participation in the Scheme in 2007, which it shall send 
to the ICCAT Secretariat and the Member States. 

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(2) 

(3) 

Annex I D is amended in accordance with Annexe I to this Regulation. 

The text in Annex II to this Regulation is inserted as Annex XVIa. 

Article 2 
Entry into force 

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

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

Done at Brussels, 

For the Council 
The President

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ANNEX I 

In Annex I D to Regulation (EC) No 41/2007 the entry concerning the bluefin tuna in zone 
Atlantic Ocean, east of longitude 45°W, and Mediterranean is replaced by the following: 

Species: 

Bluefin tuna 

Zone: 

Thunnus thynnus 

Atlantic Ocean, east of longitude 45° W, and 
Mediterranean 

BFT/AE045W 

Cyprus 

Greece 

Spain 

France 

Italy 

Malta 

Portugal 

154,68 

287,23 

5568,21 

5493,65 

4336,31 

355,59 

523,88 

All Member States 

(1) 

60 

EC 

TAC 

16.779,55 

29.500 

(1) Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch. 

Annex XVIa is added: 

ANNEX II 

ANNEX XVIa 
ICCAT Recovery Plan for Bluefin Tuna 

Part I 
Specific conditions applying to bait boat, trolling boat and pelagic 
trawler fisheries in the Eastern Atlantic  

1. 
Each Member State shall limit the maximum number of its bait boat and trolling boats 
authorised to fish bluefin tuna to the number of the vessels participating in directed fishery for 
bluefin tuna in 2006.  

Each  Member  State  shall  limit  the  maximum  number  of  its  pelagic  trawler  vessels 

2. 
authorised to fish bluefin tuna as by catch. 

By  1  April  2007,  Member  States  shall  submit  to  ICCAT  Secretariat,  the  number  of 

3. 
fishing vessels established pursuant to paragraph 1 and 2. 

a)  Each  Member  State  shall  ensure  that  vessels  to  which  a  special  fishing  permit 
4. 
referred to in paragraph 1 and 2 has been issued are included in a list containing their name 
and Community fleet register number (CFR) as defined in Annex I to Commission Regulation 

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(EC)  No  26/2004  of  30  December  2003  on  the  Community  fishing  fleet  register4.  Member 
States  shall  issue  the  special  fishing  permit  only  when  a  vessel  has  been  entered  into  the 
ICCAT record of vessels authorised to fish for bluefin tuna. 

b) Each Member State shall send to the Commission the list referred to in paragraph a) and all 
subsequent amendments in a computer readable form. 

c) Amendments to the list referred to in paragraph 4 a) shall be transmitted to the Commission 
at  least  five  days  prior  to  the  date  that  the  vessel  newly  inserted  in  that  list  enters  Eastern 
Atlantic and Mediterranean Sea. The Commission shall promptly forward amendments to the 
ICCAT Secretariat. 

5. 
Each  Member  State  shall  allocate  no  more  than  10%  of  its  quota  for  bluefin  tuna 
among  these  authorised  vessels,  with  up  to  a  maximum  of  200  tonnes  of  bluefin  tuna 
weighing no less than 6,4 kg caught by bait boat vessels of an overall length of less than 17 m. 

6. Each Member State may allocate no more than 2% of its quota for bluefin tuna among its 
coastal artisanal fishery for fresh fish.  

It shall be prohibited to land and or tranship from  vessels referred to in paragraph 1 
7.a) 
and  2  of  the  present  Annex  any  quantity  of  bluefin  tuna  fished  in  East  Atlantic  and 
Mediterranean Sea at any place other than ports designated by CPCs. 

b).  Member  States  shall  designate  a  place  used  for  landing  or  a  place  closed  to  the  shore 
(designated ports) where landing or transhipment operations of bluefin tuna are permitted. 

c).  Member  States  shall  transmit  to  the  Commission  no  later  than  1  April  2007  a  list  of 
designated  ports.  The  Commission  shall  send  this  information  to  the  ICCAT  Executive 
Secretariat before 15 April 2007. Any subsequent changes to the list shall be notified to the 
Commission for transmission to the ICCAT Executive Secretariat, at least 15 days before the 
change shall come into force. 

8.  By  way  of  derogation  from  the  provision  of  Article  7  of  Regulation  (EEC)  No  2847/93, 
masters  of  the  Community  vessels  referred  to  in  paragraph  1  and  2  or  their  representative 
must  notify  the  competent  authority  of  the  Member  State  in  whose  ports  or  landing  facility 
they  whish  to  use  at  least  4  hours  before  the  estimated  time  of  arrival  at  the  port,  of  the 
following:  

a) 

b) 

c) 

estimated time of arrival, 

estimate of quantity of bluefin tuna retain on board, 

information on the zone where the catches were taken  

Each  Member  State  shall  implement  a  catch  reporting  regime  that  insures  effective 

9. 
monitoring of the utilisation of each vessel's quota. 

4 

OJ L 5, 9.1.2004, p. 25 

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Bluefin  tuna  catches  may  not  be  offered  for  retail  sale  to  the  final  consumer, 

10. 
irrespective of the marketing method, unless appropriate marking or labelling indicates: 

(a) the species, fishing gear used,  

(b) the catch area and date. 

11. Beginning 1 July 2007, Member States whose bait boats are authorised to fish for bluefin 
tuna in the East Atlantic shall institute tail tag requirements as follows: 

a) Tail tags must be affixed on each bluefin tuna immediately upon offloading. 

b)  Each  tail  tag  shall  have  a  unique  identification  number  and  be  included  on  bluefin  tuna 
statistical documents and written on the outside of any package containing tuna. 

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Part II 
Specification for logbooks: 

Minimum specifications for logbooks 

1. 

2. 

3. 

4. 

5. 

The logbook must be numbered by sheets. 

The logbook must be filled every day (midnight) or before port arrival 

The logbook must be completed in case of at sea inspections 

One copy of the sheets must remain attached to the logbook 

Logbooks must be kept on board to cover a period of one year operation. 

Minimum standard information for logbooks: 

1. 

2. 

Master name and address 

Dates and ports of departure, Dates and ports of arrival  

3. 
Vessel name, register number, ICCAT number and IMO number (if available). In case of joint fishing 
operations, vessel names, register numbers, ICCAT numbers and IMO numbers (if available) of all the vessels 
involved in the operation. 

4. 

a) 

b) 

5. 

a) 

Fishing gear:  

type FAO code  

Dimension (length, mesh size, number of hooks...) 

Operations at sea with one line (minimum) per day of trip, providing: 

Activity (fishing, steaming…) 

b) 
when no fishing has been conducted during this day.  

Position: Exact daily positions (in degree and minutes), recorded for each fishing operation or at noon 

c) 

6. 

a) 

b) 

7. 

8. 

9. 

Record of catches: 

Species identification: 

by FAO code 

round (RWT) weight in kg per day 

Master signature 

Observer signature (if applicable) 

Means of weight measure: estimation, weighing on board. 

10. 
evaluation. 

The logbook is kept in equivalent live weight of fish and mentions the conversion factors used in the 

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Minimum information in case of landing, transhipment/transfer: 

1. 

Dates and port of landing /transhipment/transfer 

2. 

a) 

b) 

3. 

Products 

presentation  

number of fish or boxes and quantity in kg 

Signature of the Master or Vessel Agent 

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Part III 
ICCAT TRANSFER/TRANSHIPMENT DECLARATION 

Document N° 

ICCAT TRANSFER/TRANSHIPMENT DECLARATION 

Tug/Carrier vessel 

Fishing Vessel 

Name of vessel and radio call sign:  

Name of the vessel and radio call sign, 

Flag: 

Flag: 

Flag State authorization No. 

Flag State authorisation No. 

National Register No. 

ICCAT Register No. 

IMO No. 

National register No. 

ICCAT Register No. 

External identification: 

Fishing logbook sheet No. 

Day 
TRANSHIPMENT 

Month  Hour 

Year|2_|0_|__|__|  F.V Master’s name: Tug/Carrier Master’s name:  LOCATION 

OF 

Departure |__|__| 

|__|__| 

|__|__| 

from 

|__________| 

Return 

|__|__| 

|__|__| 

|__|__| 

to 

|__________| 

Signature: 

Signature: 

Tranfer/Transh 

|__|__| 

|__|__| 

|__|__| 

|__________| 

For transhipment, indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of 
this unit: |___| kilograms.  

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In case of transfer of live fish indicate number of unit and live weight  

Port 

ea 

Species  Number 

of unit 

Type 
of 

Type 
of 

Type 
of 

Type 
of 

Type 
of 

Type 
of 

further transfer / transhipments 

Lat. 
Long. 

of 
fishes 

Product 
Live 

Product
Whole 

Product
Gutted 

Product
Head 
off 

Product
Filleted 

Product 

Date:  
Place/Position: 

Authorization CP No. 

Transfer vessel Master signature: 

Name of receiver vessel: 

Flag 

ICCAT Register No. 

IMO N° 

Master’s signature 

Date: 
Place/Position: 

Authorisation CP No. 

Transfer vessel Master’s signature: 

Name of receiver vessel: 

Flag 

ICCAT Register No. 

IMO No. 

Master’s signature 

 ICCAT Observer signature (if applicable): 

Obligations in case of transfer /transhipment: 

1. 
tug/processing/transport) 

The  original  of  the  transfer/transhipment  declaration  must  be  provided  to  the  recipient  vessel 

2. 
vessel 

The copy of the transfer/transhipment declaration must  be kept by the correspondent catching fishing 

3. 
vessel to operate 

Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the 

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4. 
the fish, up to the farm or the landing place 

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

5. 
operation 

The transfer or transhipping operation shall be recorded in the log book of any vessel involved in the 

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PART IV 
ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION 

The Commission agreed at its Fourth Regular Meeting (Madrid, November 1975) that: 

Pursuant  to  paragraph  3  of  Article  IX  of  the  Convention,  the  Commission  recommends  the 
establishment of the following arrangements for international control outside the waters under 
national  jurisdiction  for  the  purpose  of  ensuring  the  application  of  the  Convention  and  the 
measures in force there under: 

1. 
Control shall be carried out by inspectors of the fishery control services of Contracting 
Governments.  The  names  of  the  inspectors  appointed  for  that  purpose  by  their  respective 
governments shall be notified to the Commission. 

2. 
Ships  carrying  inspectors  shall  fly  a  special  flag  or  pennant  approved  by  the 
Commission to indicate that the inspector is carrying out international inspection duties. The 
names of the ships so used for the time being, which may be either special inspection vessels 
or fishing vessels, shall be notified to the Commission, as soon as may be practical. 

3. 
Each  inspector  shall  carry  a  document  of  identify  supplied  by  the  authorities  of  the 
flag state in a form approved by the Commission and given him on appointment stating that 
he has authority to act under arrangements approved by the Commission. 

4. 
Subject  to  the  arrangements  agreed  under  paragraph  (9),  a  vessel  employed  for  the 
time  being  in  fishing  for  tuna  or  tuna-like  fishes  in  the  Convention  Area  outside  the  waters 
under  national  jurisdiction  shall  stop  when  given  the  appropriate  signal  in  the  International 
Code  of  Signals  by  a  ship  carrying  an  inspector  unless  actually  carrying  out  fishing 
operations, in which case it shall stop immediately once it has finished such operations. The 
master  5 of the vessel shall permit the inspector, who may be accompanied by a witness, to 
board it. The master shall enable the inspector to make such examination of catch or gear and 
any  relevant  documents  as  the  inspector  deems  necessary  to  verify  the  observance  of  the 
Commission's recommendations in force in relation to the flag state of the vessel concerned 
and the inspector may ask for any explanations that he deems necessary. 

5. 
On  boarding  the  vessel  an  inspector  shall  produce  the  document  described  in  (3) 
above.  Inspections  shall  be  made  so  that  the  vessel  suffers  the  minimum  interference  and 
inconvenience and that degradation of the quality of the fish be avoided. An inspector shall 
limit  his  enquiries  to  the  ascertainment  of  the  fact  in  relation  to  the  observance  of  the 
Commission's recommendations in force in relation to the flag state of the vessel concerned. 
In making his examination an inspector may ask the master for any assistance he may require. 
He shall draw up a report of his inspection in a form approved by the Commission. He shall 
sign the report in the presence of the master of the vessel who shall be entitled to add or have 
added  to  the  report  any  observations  which  he  may  think  suitable  and  must  sign  such 
observations.  Copies  of  the  report  shall  be  given  to  the  master  of  the  vessel  and  to  the 
inspector's  government  who  shall  transmit  copies  to  the  appropriate  authorities  of  the  flag 
state of the vessel and to the Commission. Where any infringement of the recommendations is 

5 

Master refers to the individual in charge of the vessel 

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discovered the inspector should, where possible, also inform the competent authorities of the 
flag state, as notified to the Commission, and any inspection ship of the flag state known to be 
in the vicinity. 

Resistance to an inspector or failure to comply with his directions shall be treated by 
6. 
the flag state of the vessel in a manner similar to resistance to any inspector of that state or a 
failure to comply with his directions. 

Inspector shall carry out their duties under these arrangements in accordance with the 
7. 
rules  set  out  in  this  recommendation  but  they  shall  remain  under  the  operational  control  of 
their national authorities and shall be responsible to them. 

8. 
Contracting Governments shall consider and act on reports of foreign inspectors under 
these  arrangements  on  a  similar  basis  in  accordance  with  their  national  legislation  to  the 
reports  of  national  inspectors.  The  provisions  of  this  paragraph  shall  not  impose  any 
obligation  on  a  Contracting  Government  to  give  the  report  of  a  foreign  inspector  a  higher 
evidential  value  than  it  would  possess  in  the  inspector's  own  country.  Contracting 
Governments shall collaborate in order to facilitate judicial or other proceedings arising from 
a report of an inspector under these arrangements. 

(i) 

Contracting  Governments  shall  inform  the  Commission  by  the  1st  of  March 
9. 
each  year  of  their  provisional  plans  for  participation  in  these  arrangements  in  the  following 
year  and  the  Commission  may  make  suggestions  to  Contracting  Governments  for  the 
coordination of national operations in this field including the number of inspectors and ships 
carrying inspectors. 

The arrangements set out in this recommendation and the plans for participation shall 
(ii) 
apply  between  Contracting  Governments  unless  otherwise  agreed  between  them;  and  such 
agreement shall be notified to the Commission: 

Provided  however,  that  implementation  of  the  scheme  shall  be  suspended  between  any  two 
Contracting  Governments  if  either  of  them  has  notified  the  Commission  to  that  effect, 
pending completion of an agreement. 

(i) 

The fishing gear shall be inspected in accordance with the regulations in force 
10. 
for the subarea in which the inspection takes place. The inspector will state the nature of this 
violation in this report. 

Inspectors shall have the authority to inspect all fishing gear in use or that fishing gear 

(ii) 
on deck ready for use. 

The  inspector  shall  affix  an  identification  mark  approved  by  the  Commission  to  any 
11. 
fishing  gear  inspected  which  appears  to  be  in  contravention  of  the  Commission's 
recommendations in force in relation to the flag state of the vessel concerned and shall record 
this fact in his report. 

12. 
The inspector may photograph the gear in such a way as to reveal those features which 
in his opinion are not in conformity with the regulation in force, in which case the subjects 
photographed should be listed in the report and copies of the photographs should be attached 
to the copy of the report to the flag state. 

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The  inspector  shall  have  authority,  subject  to  any  limitations  imposed  by  the 
13. 
Commission, to examine the characteristics of catches, to establish whether the Commission's 
recommendations are  being  complied  with. He shall report his  findings  to  the authorities of 
the flag state of the inspected vessel as soon as possible. (Biennial Report 1974-75, Part II). 

Remarks 

It was agreed to leave in abeyance the date of entry into effect of the International Inspection 
Scheme until the Commission decides otherwise.  

ICCAT Pennant:  

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