Proposal for a Council Regulation Establishing a multi-annual recovery Plan for Bluefin tuna in the Eastern Atlantic and Mediterranean
Date: 2007-04-03
Institutions: European Commission
Subjects: Atlantic Ocean, Mediterranean Sea, authorised catch, conservation of fish stocks, fishing area, fishing controls, fishing fleet, fishing regulations, sea fish

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.4.2007 
COM(2007) 169 final 

2007/0058 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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

(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 the entire duration of this recovery plan.  

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. 

130 

•  Existing provisions in the area of the proposal 

Some  technical  measures  adopted  by  ICCAT  for  bluefin  tuna  are  presently 
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). These 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. Following the decision at the 2006 ICCAT Annual 
Meeting, the current legislation in force should therefore be updated. 

The ICCAT recovery plan for bluefin tuna was implemented into Community law on a 
provisional basis for the 2007 fishing season by Council Regulation (EC) n° …/2007 
as  concerns  the  recovery  plan  for  bluefin  tuna  recommended  by  the  International 
Commission for the Conservation of Atlantic Tunas.  

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This regulation modifies the TAC regulation for 2007 and incorporates the provisions 
of the recovery plan and the new quota allocations for the Member States following the 
ICCAT  decision on a quota  allocation  scheme  between the Contracting Parties at the 
meeting in Tokyo held on 29-31 January 2007. 

As  the  above  legislation  is  limited  to  the  2007  fishing  year,  it  is  now  necessary  to 
implement this ICCAT recovery plan on a more permanent basis for the entire duration 
of this recovery plan. 

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 
the  Eastern  Atlantic  and 
Mediterranean. 

tuna 

in 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Scientific Committee of ICCAT 

Methodology used 

221 

222 

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 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  been 
mentioned.  

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225 

226 

230 

305 

310 

329 

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 

•  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. 

•  Legal basis 

Article 37 of the Treaty. 

•  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 

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clarify them so that they can be better applied by the Member States and fishermen. 

332 

341 

342 

409 

570 

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, technical measures for the fixing of minimum size for bluefin 
tuna, closed areas and seasons and control measures. 

E-5213 

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2007/0058 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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

THE COUNCIL OF THE EUROPEAN UNION 

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

Having regard to the proposal from the Commission; 

Having regard to the opinion of the European Parliament1 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Community  has,  since  14  November  1997,  been  a  Party  to  the  International 
Convention for the Conservation of Atlantic Tunas2. 

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. 

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 comply with the international obligations following the recommendation of 
ICCAT,  the  ICCAT  recovery  Plan  for  bluefin  tuna  in  the  Eastern  Atlantic  and 
Mediterranean was implemented on a provisional basis in Regulation (EC) n°…/2007 
as  concerns  the  recovery  plan  for  bluefin  tuna  recommended  by  the  International 
Commission for the Conservation of Atlantic Tunas pending the adoption of a Council 
Regulation  implementing  multi-annual  measures  to  recover  the  bluefin  tuna  stock  in 
2007. 

1 
2 

OJ L 162, 18.6.1986, p. 33 

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(5) 

(6) 

(7) 

It is therefore necessary to implement the ICCAT recovery plan on a permanent basis 
by  means  of  a  Council  Regulation  establishing  a  recovery  plan  as  provided  for  in 
Article 5 of Regulation (EC) n°2371/2002 of 20 December 2002 on the conservation 
and  sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries 
Policy3, which will apply from 1 January 2008. 

Some  technical  measures  adopted  by  ICCAT  for  bluefin  tuna  have  now  been 
incorporated in Community law as Council Regulation (EC) n° 973/2001 of 14 May 
2001 laying down technical measures for the conservation of certain stocks of Highly 
Migratory species4. 

The adoption of new technical measures adopted by ICCAT for bluefin tuna and the 
updating  of  those  in  force  since  the  adoption  of  the  above  regulation  require  the 
deletion of some provision of Regulation (EC) n° 973/2001 and their replacement by 
this Regulation. 

HAS ADOPTED THIS REGULATION: 

CHAPTER I  
GENERAL PROVISIONS 

Article 1 
Subject matter and scope 

This Regulation 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). This Regulation 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. 

For 

the  purpose  of 

this  Regulation, 

the 

following  definitions 

shall  apply: 

Article 2 
Definitions 

a) 

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4 

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

OJ L 358, 31.12.2002, p. 59 
OJ  L  137,  19.5.2001,  p.  1  Regulation  as  last  amended  by  Regulation  (EC)  N°  831/2004  (OJ  L  127, 
29.4.2004, p. 33) 

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b) 

c) 

"Fishing  vessel"  means  any  vessel  used  or  intended  for  use  for  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 CPCs or Member States in which 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 where 
the fish died or escaped during the transport,  

(ii) 

from  a  bluefin  tuna  farm  or  a  tuna  trap  to  a  processing  vessel,  to  a  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 of between two and six 
months with the main aim of increasing the fat content of the fish;  

"Farming" means caging of bluefin tuna for a period longer than one year, with the 
aim of increasing the total biomass;  

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

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

"Sport  fishery"  means  a  non-commercial  fishery  the  participants  in  which  are 
members of a national sport organisation or are issued with a national sport licence; 

"Recreational fishery" means a non-commercial fishery the participants in which are 
not members of a national sport organisation or are not issued with a national sport 
licence; 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

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). 

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CHAPTER II 
FISHING OPPORTUNITIES 

Article 3 
Total Allowable Catches (TACs) 

The TACs, fixed by ICCAT for Contracting Parties, for the bluefin tuna stock in the Eastern 
Atlantic and Mediterranean shall be as follows: 

–  in 2008: 28.500 tonnes, 

–  in 2009: 27.500 tonnes, 

–  in 2010: 25.500 tonnes. 

However, where in the framework of ICCAT new TAC levels are agreed, the Council, acting 
by a qualified majority on a proposal from the Commission, shall adjust the TACs provided 
for in the first paragraph accordingly. 

Article 4 

1. Each Member State may allocate its bluefin tuna quota to fishing vessels flying its flag and 
traps registered by it which are 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  a  CPC,  may  be  concluded  subject  to  the  authorisation  by  the  Member  State 
concerned, which shall inform the Commission. 

CHAPTER III  
TECHNICAL MEASURES 

Article 5 
Closed fishing season 

1. 

2. 

3. 

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

Bluefin  tuna  fishing  by  purse  seine  vessels  shall  be  prohibited  in  the  East  Atlantic 
and Mediterranean during the period from 1 July to 31 December. 

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

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4. 

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

Article 6 
Use of planes 

Member States shall take necessary measures to prohibit the use of airplanes or helicopters for 
searching for bluefin tuna in the Convention Area. 

Article 7 
Minimum size 

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

1. 
shall be 30 kg. 

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

2. 
for bluefin tuna (Thunnus thynnus) of 8 kg shall apply for the following bluefin tunas: 

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 Annex I. 

Article 8 
Sampling plan for bluefin tuna 

1. 

2. 

3. 

4. 

Eeach 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 for sampling carried out each year shall be notified to the ICCAT by 
31 May of the following year. 

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Article 9 
By-catch 

1. 
A by-catch of no more than 8 % of bluefin tuna weighing less than 30 kg but no less 
than 10 kg shall be authorised for fishing vessels, whether actively fishing for bluefin tuna or 
not.  

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 the vessel, or 
on the basis of its weight equivalence.  

By-catch must be deducted from the quota of the flag Member State. Dead fish shall 

3. 
not be discarded and shall be deducted from the quota of the flag Member State. 

4. 

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

Article 10 
Recreational fisheries 

1. In the framework of recreational fisheries it shall be prohibited to catch, retain on board, 
tranship and land more than one 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. Member States shall record catch data from recreational fishing and transmit this data to the 
Standing Committee on Research and Statistics of ICCAT. 

4. Member States 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 11 
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.  Member  States  shall  record  catch  data  from  sport  fishing  and  transmit  this  data  to  the 
ICCAT Standing Committee on Research and Statistics. 

4. Member States 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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CHAPTER IV 
CONTROL MEASURES 

Article 12 
Register of vessels authorised to fish for bluefin tuna 

1. 

2. 

3. 

By 1 April 2008, each Member State shall send the Commission electronically a list 
of all fishing vessels flying its flag authorised to fish actively for bluefin tuna in the 
Eastern Atlantic and Mediterranean Sea by issue of a special fishing permit. 

The  Commission  shall  send  the  list  referred  to  in  paragraph  1  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  shall  not  fish  for, 
retain  on  board,  tranship,  transport,  transfer  or  land  bluefin  tuna  in  the  Eastern 
Atlantic and Mediterranean Sea. 

The rules on fishing licences in Article 8a (2), (4), (6), (7) and (8) of Regulation (EC) 

4. 
No 1936/2001 shall apply mutatis mutandis. 

Article 13 
Register of tuna traps authorised to fish for bluefin tuna 

1. 
By 1 April 2008, each Member State shall send the Commission electronically a list of 
its 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  2008  so  that  the  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. 

Article 14 
Designated ports 

1. 
Member  States  shall  designate  a  place  to  be  used  for  landing  or a  place  close  to  the 
shore  (designated  ports)  where  landing  or  transhipment  operations  of  bluefin  tuna  are 
permitted. 

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Member States shall transmit to the Commission no later than 1 April of each year a 
2. 
list  of  designated  ports.  The  Commission  shall  send  the  list  to  the  ICCAT  Executive 
Secretariat before 15 April of each year. 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.  

3. 
It shall be prohibited to land and or tranship from vessels referred to in Article 12 any 
quantity of bluefin tuna fished in East Atlantic and Mediterranean Sea at any place other than 
ports designated by CPCs. 

This provision shall not apply to landings or transhipments by bait boats, trolling boats 

4. 
and pelagic trawlers having caught bluefin tuna in the Eastern Atlantic. 

Article 15 
Recording requirements 

1. 

2. 

In  addition  to  complying  with  Article  6  and  8  of  Regulation  (EEC)  No  2847/93, 
masters  of  the  vessels  referred  to  in  Article  13  shall  enter  in  the  logbook  the 
information listed in Annex II. 

The  masters  of  the  vessels  referred  to  in  Article  13  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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Article 16 
Joint Fishing operations 

1. 

2. 

3. 

Joint  fishing  operations  for  bluefin  tuna  involving  vessels  flying  the  flag  of  a 
Member State require the consent of the flag Member State concerned.  

Fishing  vessels  participating  in  the  joint  fishing  operation  shall  provide  their  flag 
Member  State  with  detailed  information  concerning  the  duration  of  the  joint 
operation and the identity of the operators involved.  

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

Article 17 
Catch reports 

1. 
The  masters  of  fishing  vessels  referred  to  in  Article  12  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 catch report shall be transmitted for the first time 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 of each year, the masters of fishing vessels shall transmit the catch report 

3. 
on the 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,  in  computer-readable  form,  before  the 
fifteenth  day  of  each  month,  of  the  quantities  of bluefin  tuna  caught  in the  Eastern Atlantic 
and Mediterranean Sea which during the preceding month have been landed, transhipped or 
caged by vessels flying their flag. 

Article 18 
Landings 

1. 

By  way  of  derogation  from  Article  7  of  Regulation  (EEC)  No  2847/93,  masters  of 
the  vessels  referred  to  in  Article  12  of  this  Regulation  or  their  representative  shall 
notify  the  competent  authority  of  the  Member  State  whose  designated  ports  or 
landing facility they wish to use at least 4 hours before the estimated time of arrival 
at the port, of the following:  

(a) 

estimated time of arrival, 

(b) 

estimated quantity of bluefin tuna retain on board, 

(c) 

information on the zone where the catches were taken; 

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

2. 
flag authority of the vessel, within 48 hours after the landing has ended.  

This  provision  shall  not  apply  to  landings  by  bait  boats,  trolling  boats  and  pelagic 

3. 
trawlers having caught bluefin tuna in the Eastern Atlantic. 

Article 19 
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 of the port he wishes to use or the competent authorities of the Member State of 
the farm concerned at least 48 hours before the estimated time of arrival with the following: 

(a) 

estimated time of arrival, 

(b) 

estimated quantity of bluefin tuna retained on board, 

(c) 

information on the geographical 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  and  its  number  in  the  ICCAT  record  of  authorised 

e) 
fishing vessels for bluefin tuna, 

f) 

3. 

the tonnage of bluefin tuna to be transhipped, 

Catching vessels shall not tranship without 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, 

(d) the geographical area of the tuna catches  

The  competent  authority  of  the  Member  State  of  the  port  in  which  the  transhipment 
5. 
takes  place  or  the  competent  authorities  of  the  Member  State  of  the  farm  concerned  shall 

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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  the  port  in  which  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. 

The  masters  of  vessels  referred  to  in  Article  12  shall  complete  and  transmit  a 
7. 
transhipment  declaration  to  the  competent  authorities  of  the  Member  State  whose  flag  the 
vessels are flying. The declaration shall be transmitted no later than 15 days after the date of 
transhipment in port in accordance with the format set out in Annex III.  

Article 20 
Caging operations 

1. 
The  Member  State  under  whose  jurisdiction  the  bluefin  tuna  farm  is  located  shall 
submit within one week after 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  the  ICCAT  Secretariat.  The  report  shall  contain  the  information  included  in  the 
caging declaration as referred to in Article 4 b of Regulation (EC) No 1936/2001.  

When the fattening farms are located outside waters under the jurisdiction of Member 
2. 
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 seize of the catches 
and release 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  masters  of  the  fishing  vessels  referred  to  in  Article  12  shall  complete  and  shall 
transmit  to  the  flag  Member  State  not  later  than  15  days  after  the  date  of  transfer  to  tug 
vessels  or  to  the  cage,  a  transfer  declaration  made  in  accordance  with  the  format  set  out  in 
Annex  III.  The  transfer  declaration  shall  accompany  the  transferred  fish  during  transport  to 
the cages.  

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Article 21 
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 22 
Port or farm inspections 

1. 
Member  States  shall  inspect  in  port  all  vessels  included  in  the  ICCAT  Record  of 
vessel authorised to fish for bluefin tuna which enter one of their designated ports to land or 
tranship bluefin tuna caught in the Eastern Atlantic and Mediterranean Sea. 

Member  States  shall  inspect  the  caging  operation  in  the  farms  falling  under  their 

2. 
jurisdiction. 

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

Article 23 
Cross checking 

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

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

Article 24 
ICCAT Scheme of Joint International Inspection 

1.  The  ICCAT  Scheme  of  Joint  International  Inspection  adopted  by  ICCAT  at  its  Fourth 
Regular Meeting (Madrid, November 1975) and set out in Annex IV to this Regulation shall 
apply in the Community.  

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

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

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4.  The  Commission  shall  coordinate  the  surveillance  and  inspection  activities  under  the 
Scheme 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 those resources are to be deployed. 

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

Article 25 
Observer programme 

Each Member State shall ensure that observers are present on the fishing vessels flying 

1. 
its flag over 15m in 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's compliance with this Regulation, 

(b) 

record and report upon the fishing activity, 

(c) 

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

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  ICCAT  Standing  Committee  on 
Research and Statistics. 

2. 
Each  Member  State  under  whose  jurisdiction  the  bluefin  tuna  farm  is  located  shall 
ensure  that  an  observer  is  present  during  all  transfers  of  bluefin  tuna  to  cages  and  all 
harvesting of fish from the cage. 

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The observer's tasks shall be, in particular, to: 

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

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

(b) 

validate the caging report referred to in Article 20, 

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

Article 26 
Enforcement 

Member States shall take enforcement measures with respect to a fishing vessel flying 
1. 
their flag, where it has been established, in accordance with their law that the vessel does not 
comply with Articles 5, 7, 14, 15, 17, 19. The measures may include in particular, depending 
on the gravity of the offence and in accordance with their national law: 

(a) 

fines, 

(b) 

seizure of illegal fishing gear and catches, 

(c) 

sequestration of the vessel, 

(d) 

suspension or withdrawal of authorisation to fish, 

(e) 

reduction or withdrawal of the fishing quota, if applicable. 

2. 
Each Member State under whose jurisdiction the bluefin tuna farm is located shall take 
enforcement measures with respect to that farm, where it has been established, in accordance 
with its law that the farm does not comply with Articles 20 and 25(2) of this Regulation and 
and Articles 4a, 4b and 4c of Regulation (EC) No 1936/2001. The measures may include in 
particular depending on the gravity of the offence and in accordance with the national law: 

(a) 

fines, 

(b) 

suspension or withdrawal from the fattening farms register, 

(c) 

prohibition of caging or marketing quantities of bluefin tuna. 

Article 27 
Market measures 

Internal trade, landing, imports, exports, caging for farming and fattening, re-exports 
1. 
and transhipments of Eastern Atlantic and Mediterranean bluefin tuna (thunnus thynnus) that 
are  not  accompanied  by  accurate,  complete,  and  validated  documentation  required  by  this 
Regulation shall be prohibited. 

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Internal trade, imports, landings, caging for farming and fattening, processing, exports, 
2. 
re-exports and the transhipment of Eastern Atlantic and Mediterranean bluefin tuna (thunnus 
thynnus)  caught  by  fishing  vessels  whose  flag  State  does  not  have  a  quota,  catch  limit  or 
allocation  of  fishing  effort  for  Eastern  Atlantic  and  Mediterranean  bluefin  tuna,  under  the 
terms  of  ICCAT  management  and  conservation  measures,  or  whose  flag  State's  fishing 
opportunities 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 28 
Conversion factors 

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

CHAPTER V  
FINAL PROVISIONS 

Article 29 
Amendments to Regulation (EC) No 973/2001 

Regulation (EC) No 973/2001 is amended as follows: 

(1) 

Articles 5 and 5a are deleted; 

(2) 

in Annex IV, the entry concerning bluefin tuna is deleted. 

Article 30 
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. 

It shall apply from 1 January 2008.  

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 
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  2008,  Member  States  shall  submit  to  ICCAT  Secretariat,  the  number  of 

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

4. 
a)  Each  Member  State  shall  ensure  that  vessels  to  which  a  special  fishing  permit 
referred to in paragraphs 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 
(EC)  No  26/2004  of  30  December  2003  on  the  Community  fishing  fleet  register5.  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  vessels  authorised  in  accordance  with  paragraph  4,  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 of each year a list of 
designated  ports.  The  Commission  shall  send  this  information  to  the  ICCAT  Executive 
Secretariat before 15 April of each year. Any subsequent changes to the list shall be notified 

5 

OJ L 5, 9.1.2004, p. 25 

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21 

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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. 

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 2008, 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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ANNEX 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) and 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  

Vessel name, register number, ICCAT number and IMO number (if available). In case of joint fishing 
3. 
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 

Minimum information in case of landing, transhipment/transfer: 

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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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ANNEX III 
ICCAT TRANSFER/TRANSHIPMENT DECLARATION 

Document N° 

ICCAT TRANSFER/TRANSHIPMENT DECLARATION 

Tug/Carrier vessel 

Fishing Vessel 

Name of vessel and radio call sign:  

Name of the vessel and radio call sign, 

Flag: 

Flag: 

Flag State authorization No. 

Flag State authorisation No. 

National Register No. 

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.  

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

Port 

Sea 

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 

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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 

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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ANNEX IV 
ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION 

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

Pursuant  to  paragraph  3  of  Article  IX  of  the  Convention,  the  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  6 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 
discovered the inspector should, where possible, also inform the competent authorities of the 

6 

Master refers to the individual in charge of the vessel 

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flag state, as notified to the Commission, and any inspection ship of the flag state known to be 
in the vicinity. 

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

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

Contracting Governments shall consider and act on reports of foreign inspectors under 
8. 
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. 

(ii) 
The arrangements set out in this recommendation and the plans for participation shall 
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) 

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

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

(ii) 
on deck ready for use. 

11. 
The  inspector  shall  affix  an  identification  mark  approved  by  the  Commission  to  any 
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. 

The inspector may photograph the gear in such a way as to reveal those features which 
12. 
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. 

EN 

28 

   EN 

 
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:  

EN 

29 

   EN