Proposal for a Council Regulation concerning a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean
Date: 2009-02-26
Institutions: European Commission
Subjects: Atlantic Ocean, Mediterranean Sea, authorised catch, conservation of fish stocks, fishing area, fishing controls, fishing fleet, fishing regulations, sea fish

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.2.2009 
COM(2009)93 final 

2009/0029 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and 
Mediterranean  

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EXPLANATORY MEMORANDUM 

At its Annual Meeting in 2008, the International Convention for the Conservation of Atlantic 
Tunas  (ICCAT)  adopted  a  recovery  plan  for  bluefin  tuna  in  the  Eastern  Atlantic  and 
Mediterranean.  The  ICCAT  recovery  plan  pursues  the  same  objectives  as  the  recovery  plan 
transposed in Regulation (EC) n° 1559/2007. 

In  order  to  rebuild  the  stock,  the  new  ICCAT  recovery  plan  provides  for  a  reduction  of  the 
TAC  level  until  2011,  restrictions  on  fishing  within  certain  areas  and  time  periods,  a  new 
minimum  size,  measures  concerning  sport  and  recreational  fishing  activities,  measures  to 
address fishing and farming capacity as well as reinforced control measures and the ICCAT 
Scheme of Joint International Inspection to ensure the effectiveness of that plan. 

The  Community  has  been  a  Party  to  ICCAT  since  1997  and  the  recommendations  become 
binding  on  Contracting  Parties  which  do  not  object  to  them.  As  a  Contracting  Party  to  this 
organisation, the Community has a responsibility to apply recommendations adopted to which 
it has raised no objections. It is therefore necessary to implement the ICCAT recovery plan by 
means  of  a  Regulation  establishing  a  recovery  plan  as  provided  for  in  Article  5  of  Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy1. 

The purpose of this proposal is to transpose in Community law the ICCAT recommendation 
establishing a recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.  

The proposal has no implications for the Community budget. 

The legal basis is Article 37 of the EC Treaty. 

The Council is hereby requested to adopt this proposal as soon as possible. 

1 

OJ  L  358,  31.12.2002,  p.  59.  Regulation  as  amended  by  Regulation  (EC)  No  865/2007  (OJ  L  192, 
24.7.2007, p. 1). 

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2009/0029 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning 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 Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Since  14  November  1997,  the  Community  has  been  a  Party  to  the  International 
Convention for the Conservation of Atlantic Tunas4. 

At its 16th Special Meeting in November 2008, the International Commission for the 
Conservation  of  Atlantic  Tunas  (ICCAT)  adopted  Recommendation  [08-05]  to 
establish  a  new  recovery  plan  for  bluefin  tuna  in  the  Eastern  Atlantic  and 
Mediterranean ending in 2022 and replacing the recovery plan adopted in 2006. 

In order to rebuild the stock, the new ICCAT recovery plan provides for a graduated 
reduction in the total allowable catch level from 2007 to 2011, restrictions on fishing 
within certain areas and time periods, a new minimum size for bluefin tuna, measures 
concerning  sport  and  recreational  fishing  activities,  farming  and  fishing  capacity 
measures as well as reinforced control measures and the implementation of the ICCAT 
scheme  of  joint  international  inspection  to  ensure  the  effectiveness  of  the  recovery 
plan. 

It  is  therefore  necessary  to  implement  the  new  ICCAT  recovery  plan  by  means  of  a 
Regulation  establishing  a  recovery  plan  as  provided  for  in  Article  5  of  Council 
Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and 
sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries  Policy, 
which should enter into force before the beginning of the main fishing season. 

(5) 

The ICCAT recovery plan of 2006 was incorporated in Community law by Regulation 
(EC)  n°  1559/2007  establishing  a  multi-annual  recovery  plan  for  bluefin  tuna  in  the 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 162, 18.6.1986, p. 33 

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Eastern Atlantic and Mediterranean and amending Regulation (EC) N° 520/20075. The 
adoption by ICCAT of a new recovery for bluefin tuna requires the repeal of the above 
Regulation and its replacement by this Regulation. 

HAS ADOPTED THIS REGULATION: 

CHAPTER I 

GENERAL PROVISIONS 

Article 1 

Scope and objective 

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 with greater than 50 % probability. 

Article 2 

Definitions 

For the purpose of this Regulation, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

"CPCs"  means  Contracting  Parties  to  the  International  Convention  for  the 
Conservation  of  the  Atlantic  Tunas  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  bluefin  tuna  resources,  including  catching  vessels,  fish 
processing  vessels,  support  ships,  tug  and  towing  vessels,  vessels  engaged  in 
transhipment  and  transport  vessels  equipped  for  the  transportation  of  tuna  products 
and auxiliary vessels, except container vessels; 

"catching vessel" means a vessel used for the purposes of the commercial capture of 
bluefin tuna resources; 

"auxiliary  vessel"  means  any  vessel  used  to  transport  dead  bluefin  tuna  (not 
processed) from a cage to a designated 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; 

5 

OJ L340, 22.12.2007, p.8 

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(f) 

(g) 

"fishing actively" means, for any catching vessel, the fact that it targets bluefin tuna 
during a given fishing season; 

"joint fishing operation" means any operation between two or more catching vessels 
flying  the  flag  of  different  CPCs  or  of  different  Member  States  where  the  catch  of 
one catching vessel is attributed to one or more other catching vessels in accordance 
with an allocation key; 

(h) 

"transfer activities" means: 

i) 

ii) 

iii) 

iv) 

any  transfer  of  live  bluefin  tuna  from  the  catching  vessel's  net  to  the 
transport cage; 

any  transfer  of  live  bluefin  tuna  from  the  transport  cage  to  another 
transport cage; 

any transfer of dead bluefin tuna from the transport cage to an auxiliary 
vessel; 

any  transfer  from  a  bluefin  tuna  farm  or  a  tuna  trap  to  a  processing 
vessel, transport vessel or to land; 

(i) 

(j) 

(k) 

(l) 

"tuna trap" means fixed gear anchored to the bottom usually containing a guide net 
that leads fish into an enclosure; 

"caging" means the transfer of bluefin tuna from the transport cage to the fattening 
and farming cages; 

"fattening"  means  caging  of  bluefin  tuna  for  a  short  period  (usually  two  to  six 
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; 

(m) 

"transhipment"  means  the  unloading  of  all  or  any  of  the  bluefin  tuna  on  board  a 
fishing vessel onto another fishing vessel; 

(n) 

(o) 

(p) 

"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; 

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

Article 3 

Length of vessels 

All lengths of vessels referred to in this Regulation shall be understood as length overall. 

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CHAPTER II 

FISHING OPPORTUNITIES 

Article 4 

1. 

2. 

3. 

4. 

5. 

6. 

Conditions associated to the fishing opportunities 

Each Member State shall take the necessary measures to ensure that the fishing effort 
of its catching vessels and its traps are commensurate with the fishing opportunities 
on  bluefin  tuna  available  to  that  Member  State  in  the  Eastern  Atlantic  and 
Mediterranean Sea. 

Each Member State shall draw up an annual fishing plan for the catching vessels and 
traps fishing bluefin tuna in the Eastern Atlantic and Mediterranean Sea. 

The annual fishing plan shall identify in particular: 

a) 

b) 

the catching vessels over 24 metres included in the list referred to in Article 14 
and  the  individual  quota  allocated  to  them  and  the  method  used  to  allocate 
quota as well as the measure to ensure the respect of the individual quota; 

for  the  catching  vessels  less  than  24  metres  and  traps,  at  least  the  quota 
allocated  to  producer  organisations  or  groups  of  vessels  fishing  with  similar 
gear. 

No later than 31 January each year, the annual fishing plan shall be transmitted to the 
Commission.  The  Commission  shall  transmit  the  fishing  plans  to  the  ICCAT 
Secretariat by 1 March each year. 

Any subsequent modification to the annual fishing plan or to the specific method to 
manage the quota allocated shall be transmitted to the Commission at least 15 days 
before  the  exercise  of  the  activity  corresponding  to  that  modification.  The 
Commission  shall  transmit  such  modification  to  the  ICCAT  Secretariat  at  least  10 
days before the exercise of the activity corresponding to that modification. 

The  flag  Member  State  shall  take  the  action  under  this  paragraph  where  a  vessel 
flying its flag has: 

a) 

failed in its reporting requirement referred to in Article 20; 

b) 

committed an infringement referred to in Article 33. 

The flag Member State shall ensure that a physical inspection takes place under its 
authority in its ports or by another person designated by the flag Member State when 
the vessel is not in one of its ports. 

The  flag  Member  State  may  require  the  vessel  to  proceed  immediately  to  a  port 
designated by it when the individual quota is deemed to be exhausted 

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7. 

No later than 15 September each year, Member States shall report to the Commission 
on the implementation of their annual fishing plans for that year. Those reports shall 
include: 

a) 

the  list  of  catching  vessels  actually  engaged  in  active  fishing  activities 
involving bluefin tuna in the Eastern Atlantic and Mediterranean; 

b) 

the catches of each catching vessel; and 

c) 

the total number of days each catching vessel fished in the Eastern Atlantic and 
Mediterranean. 

The Commission shall transmit the reports to the ICCAT Secretariat by 15 October 
each year. 

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 shall not be conducted without an authorisation 
by  the  Member  State  concerned,  which  shall  inform  the  Commission,  and  by  the 
ICCAT Commission. 

By 1 March each year, Member States shall send to the Commission the information 
on any private trade arrangements between its nationals and a CPC. 

8. 

9. 

10. 

The information referred to in paragraph 9 shall contain the following elements: 

a) 

b) 

the list of all the fishing vessels flying the flag of the Member State authorised 
to fish actively for bluefin tuna under private trade arrangements; 

internal number of the vessel as defined in Annex I to Commission Regulation 
(EC)  No  26/2004  of  30  December  2003  on  the  Community  fishing  fleet 
register6 ; 

c) 

length of the private trade arrangements; 

d)  Member State’s assent to the private arrangement; 

e) 

the name of the CPC concerned. 

The Commission shall send without delay the information referred to in paragraph 9 
to the ICCAT Secretariat. 

The Commission shall ensure that the percentage of other CPCs' quotas for bluefin 
tuna  that  may  be  used  for  chartering  of  Community  fishing  vessels  in  accordance 
with Article 8b of Council Regulation (EC) No 1936/20017 shall not exceed 20 % of 
these CPCs' quotas in 2009. 

OJ  L  5,  9.1.2004,  p.  25.  Regulation  as  amended  by  Regulation  (EC)  No  1799/2006  (OJ  L  341, 
7.12.2006, p. 26). 
OJ  L  263,  3.10.2001,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  869/2004  (OJ  L  162, 
30.4.2004, p. 8). 

11. 

12. 

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13. 

14. 

15. 

1. 

2. 

3. 

4. 

5. 

8 

Chartering of Community fishing vessels for bluefin tuna in the Eastern Atlantic and 
Mediterranean shall be prohibited in 2010 and the following years. 

Each  Member  State  shall  ensure  that  the  number  of  its  bluefin  tuna  fishing  vessels 
chartered  and  the  duration  of  the  charter  shall  be  commensurate  with  the  quota 
allocated to the charter nation. 

Each Member State shall allocate a specific quota for the purpose of recreational and 
sport fisheries and shall inform the Commission before the start of the fishing season 
referred to in Article 7 (5). 

CHAPTER III 

CAPACITY MEASURES 

Article 5 

Fishing capacity measures 

Each  Member  State  shall  ensure  that  its  fishing  capacity  is  commensurate  with  its 
allocated quota. 

The number, and the total corresponding gross registered tonnage, of fishing vessels 
flying  the  flag  of  a  Member  State  that  may  fish  for,  retain  on  board,  tranship, 
transport,  or  land  bluefin  tuna  shall  be  limited  to  the  number,  and  the  total 
corresponding  gross  registered  tonnage,  of  fishing  vessels  flying  the  flag  of  that 
Member State that fished for, retained on board, transhipped, transported, or landed 
bluefin tuna during the period from 1 January 2007 to 1 July 2008. This limit shall 
apply by gear type for catching vessels and by vessel type for other fishing vessels. 

For the purpose of paragraph 2, the Council, acting in accordance with the procedure 
laid  down  in  Article  20  of  Regulation  (EC)  No  2371/20028,  shall  determine  the 
number and the total corresponding gross registered tonnage of the fishing vessels of 
each  Member  State  that  fished  for,  retained  on  board,  transhipped,  transported,  or 
landed bluefin tuna during the period from 1 January 2007 to 1 July 2008. This limit 
shall be applied by gear type for catching vessels and by vessel type for other fishing 
vessels. 

The  number  of  traps  of  a  Member  State  engaged  in  the  eastern  Atlantic  and 
Mediterranean bluefin tuna fishery shall be limited to the number of traps authorised 
by that Member State before 1 July 2008. 

For the purpose of paragraph 4, the Council, acting in accordance with the procedure 
laid  down  in  Article  20  of  Regulation  (EC)  No  2371/2002,  shall  determine  the 
number of traps authorised by each Member State before 1 July 2008. 

OJ L 5, 9.1.2004,p.25. Regulation as amended by Regulation (EC) N° 1799/2006 (OJ L 341, 7.12.2006, 
p. 26) 

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6. 

7. 

8. 

9. 

1. 

2. 

3. 

4. 

5. 

The freezing of fishing capacity referred to in paragraphs 2 and 4 may not apply to a 
Member State which demonstrates that it needs to develop its fishing capacity so as 
to fully use its quota. 

The fishing capacity referred to in paragraphs 2 and 4 and Article 9 shall be reduced, 
so  as  to  eliminate  by  2010  for  each  Member  State  at  least  25%  of  the  discrepancy 
between its fishing capacity and its fishing capacity commensurate with its allocated 
quota in 2010. 

To  calculate  the  fishing  capacity  reduction,  the  estimated  yearly  catch  rates  per 
vessel and gear shall be taken into account.  

This  reduction  requirement  may  not  apply  to  a  Member  State  which  demonstrates 
that its fishing capacity is commensurate with its allocated quota. 

For the purpose of paragraph 7, the Council, acting in accordance with the procedure 
laid  down  in  Article  20  of  Regulation  (EC)  No  2371/2002,  shall  determine  the 
number  and  total  capacity  in  gross  registered  tonnage  of  fishing  vessels  of  each 
Member  State  that  may  be  authorised  to  fished  for,  retain  on  board,  tranship, 
transport, or land bluefin tuna. 

Each Member State shall establish a management plan of fishing capacity over 2010-
2013. That plan shall be submitted to the Commission by 15 August 2009, and shall 
include the information referred to in paragraphs 2, 4, 6 and 7. The Commission shall 
submit  the  Community  management  plan  of  fishing  capacity  over  2010-2013  to 
ICCAT by 15 September 2009. 

Article 6 

Farming and fattening capacity measures 

The  tuna  farming  and  fattening  capacity  of  a  Member  State  shall  be  limited  to  the 
tuna  farming  and  fattening  capacity  of  the  farms  of  that  Member  State  that  were 
registered  in  the  ICCAT  record  of  farming  facilities  or  authorised  and  declared  to 
ICCAT as of 1 July 2008. 

The  maximum  input  of  wild  caught  bluefin  tuna  into  the  farms  of  a  Member  State 
shall  be  limited  to  the  level  of  the  input  quantities  registered  with  ICCAT  by  the 
farms of that Member State in 2005, 2006, 2007 or 2008. 

Within  the  maximum  input  quantity  of  wild  caught  bluefin  tuna  referred  to  in 
paragraph 2, each Member State shall allocate inputs to its farms. 

For  the  purpose  of  paragraphs  1  and  2,  the  Council,  acting  in  accordance  with  the 
procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine 
the  tuna  farming  and  fattening  capacity  for  each  Member  State  and  the  maximum 
input of wild caught bluefin tuna that each Member State may allocate to its farms. 

Each  farming  or  fattening  Member  State  shall  establish  a  management  plan  of 
farming and fattening capacity over 2010-2013. That plan shall be submitted to the 
Commission  by  15  August  2009  and  shall  include  the  information  referred  to  in 

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paragraphs 1 to 3. The Commission shall submit the Community management plan 
of farming and fattening capacity over 2010-2013 to ICCAT by 15 September 2009. 

CHAPTER IV 

TECHNICAL MEASURES 

Article 7 

Closed fishing season 

1. 

2. 

3. 

4. 

5. 

6. 

Bluefin tuna fishing shall be prohibited in the Eastern Atlantic and Mediterranean by 
large-scale pelagic longline catching vessels over 24 metres during the period from 1 
June to 31 December with the exception of the area delimited by west of 10° W and 
north of 42° N, where such fishing shall be prohibited from 1 February to 31 July. 

Purse  seine  fishing  for  bluefin  tuna  shall  be  prohibited  in  the  Eastern  Atlantic  and 
Mediterranean during the period from 15 June to 15 April. 

Bluefin tuna fishing by baitboats and trolling boats shall be prohibited in the Eastern 
Atlantic and Mediterranean during the period from 15 October to 15 June. 

Bluefin  tuna  fishing  by  pelagic  trawlers  shall  be  prohibited  in  the  Eastern  Atlantic 
during the period from 15 October to 15 June. 

Bluefin tuna recreational and sport fishing shall be prohibited in the Eastern Atlantic 
and Mediterranean from 15 October to 15 June. 

By way of derogation from paragraph 2, if a Member State can demonstrate that, due 
to  winds  reaching  force  5  or  more  on  the  Beaufort  scale,  certain  of  its  purse  seine 
catching  vessels  fishing  for  bluefin  tuna  in  the  Eastern  Atlantic  and  Mediterranean 
were unable to utilise their normal fishing days, that Member State may carry over a 
maximum of 5 days lost until 20 June. 

The  Member  State  concerned  shall  notify  by  14  June  to  the  Commission  the 
additional  fishing  days  granted.  Such  notification  shall  be  accompanied  by  the 
following information: 

i) 

a report containing the details of the cessation of the fishing activities in 
question, including appropriate supporting meteorological information; 

ii) 

name of the catching vessel; 

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

(EC) No 26/2004 

The Commission shall forward without delay this information to ICCAT. 

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Article 8 

Use of planes 

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The use of aircraft or helicopters for searching for bluefin tuna shall be prohibited. 

Article 9 

Minimum size and specific measures for certain fisheries 

The minimum size for bluefin tuna in the Eastern Atlantic and in the Mediterranean 
Sea shall be 30 kg or 115 cm. 

By  way  of  derogation  from  paragraph  1  and  without  prejudice  to  Article  11,  a 
minimum  size  for  bluefin  tuna  of  8  kg  or  75  cm  shall  apply  to  the  following 
situations: 

a) 

bluefin tuna caught in the Eastern Atlantic by baitboats and trolling boats; 

b) 

bluefin tuna caught in the Adriatic Sea for farming purposes; 

c) 

bluefin tuna caught in the Mediterranean Sea by the coastal artisanal fishery for 
fresh fish by baitboats, longliners and handliners. 

For  the  purpose  of  paragraph  2(a),  the  Council,  acting  in  accordance  with  the 
procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine 
the  maximum  number  of  baitboats  and  trolling  boats  authorised  to  fish  actively 
bluefin  tuna  in  the  Eastern  Atlantic.  By  derogation  to  Article  5  (2),  the  number  of 
baitboats  and  trolling  boats  is  set  at  the  number  of  Community  catching  vessels 
participating in the directed fishery for bluefin tuna in 2006. 

For  the  purpose  of  paragraph  2(b),  the  Council,  acting  in  accordance  with  the 
procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine 
the maximum number of catching vessels authorised to fish actively bluefin tuna in 
the Adriatic Sea for farming purposes. By derogation to Article 5 (2), the number of 
catching vessels is set at the number of Community catching vessels participating in 
the directed fishery for bluefin tuna in 2008. 

For  the  purpose  of  paragraph  2(c),  the  Council,  acting  in  accordance  with  the 
procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine 
the  maximum  number  of  baitboats,  longliners  and  handliners  authorised  to  fish 
actively  bluefin  tuna  in  the  Mediterranean  Sea.  By  derogation  to  Article  5  (2),  the 
number  of  catching  vessels  is  set  at  the  number  of  Community  catching  vessels 
participating in the directed fishery for bluefin tuna in 2008. 

The  Commission  shall  submit  the  number  of  catching  vessels  referred  to  in 
paragraphs 3, 4 and 5 to the ICCAT Secretariat by 30 January each year. 

For  the  purpose  of  paragraph  2  (a),  (b)  and  (c),  the  Council,  acting  in  accordance 
with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall 
distribute  among  the  Member  States  the  number  of  catching  vessels  determined  in 
accordance with paragraphs 3, 4 and 5. 

For  the  purpose  of  paragraph  2(a),  no  more  than  7%  of  the  Community  quota  for 
bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm shall be allocated among 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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the authorised catching vessels referred to in paragraph 3, with up to a maximum of 
100 tonnes of bluefin tuna weighing no less than 6.4 kg or 70 cm caught by baitboats 
of  less  than  17  m  by  derogation  to  paragraph  2.  The  Council,  acting  in  accordance 
with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall 
decide on the allocation of the Community quota among Member States. 

For  the  purpose  of  paragraph  2(b),  the  Council,  acting  in  accordance  with  the 
procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall decide on 
the maximum allocation of the Community quota among Member States. 

For  the  purpose  of  paragraph  2(c),  no  more  than  2  %  of  the  Community  quota  for 
bluefin tuna between 8 kg or 75 cm and 30 kg or 115 cm shall be allocated among 
the  authorised  catching  vessels  referred  to  in  paragraph  5.  The  Council,  acting  in 
accordance  with  the  procedure  laid  down  in  Article  20  of  Regulation  (EC)  No 
2371/2002,  shall  decide  on  the  allocation  of  the  Community  quota  among  Member 
States. 

The additional specific conditions for bluefin tuna caught in the Eastern Atlantic by 
baitboats and trolling boats, for bluefin tuna caught in the Adriatic Sea for farming 
purposes  and  for  bluefin  tuna  caught  in  the  Mediterranean  Sea  by  the  coastal 
artisanal  fishery for  fresh  fish by baitboats,  longliners and handliners are  set  out in 
Annex I. 

Incidental catches of maximum 5 % of bluefin tuna between 10 kg and 30 kg shall be 
authorised for all catching vessels fishing actively for bluefin tuna.  

The percentage referred to in paragraph 11 shall be calculated either on the basis of 
the total incidental catches in number of fish per landing of the total catches of these 
catching vessels, or on basis of its weight equivalence in percentage. 

Incidental  catches  shall  be  deducted  from  the  quota  of  the  flag  Member  State.  The 
discard  of  dead  fish  from  the  incidental  catch  referred  to  in  paragraph  11  shall  be 
prohibited and shall be deducted from the quota of the flag Member State. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

Incidental catches of bluefin tuna shall be subject to Articles 17, 18, 21 and 23. 

Article 10 

Sampling plan for bluefin tuna 

1. 

2. 

3. 

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. 

EN 

12 

   EN 

 
4. 

1. 

2. 

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 
Commission by 31 May of the following year. 

Article 11 

By-catch 

Community catching vessels not fishing actively for bluefin tuna are not authorised 
to retain on board bluefin tuna exceeding more than 5 % of the total catch on board 
by weight or/and number of pieces. 

By-catch shall be deducted from the quota of the flag Member State. The discard of 
dead fish from the by-catch referred to in paragraph 1 shall be prohibited while the 
bluefin tuna fishery is open and shall be deducted from the quota of the flag Member 
State. 

3. 

By-catch of bluefin tuna shall be subject to Articles 17, 18, 21 and 23. 

Article 12 

Recreational fisheries 

Each  Member  State  shall  issue  fishing  authorisations  to  vessels  for  the  purpose  of 
recreational fishing 

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

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

Each  Member  State  shall  record  catch  data  from  recreational  fishing  and 
communicate these data to the Commission by 30 June each year. The Commission 
shall forward that information to the Standing Committee on Research and Statistics 
of ICCAT. 

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 13 

Sport fisheries 

Each  Member  State  shall  regulate  sport  fisheries,  notably  by  issuing  fishing 
authorisations to vessels for the purpose of sport fishing. 

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

1. 

2. 

3. 

4. 

5. 

1. 

2. 

EN 

13 

   EN 

 
3. 

4. 

1. 

2. 

3. 

Each  Member  State  shall  record  catch  data  from  sport  fisheries  and  communicate 
these data to the Commission by 30 June each year. The Commission shall forward 
that information to the Standing Committee on Research and Statistics of ICCAT. 

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. 

CHAPTER V 

CONTROL MEASURES 

Article 14 

Records of vessels 

Each  Member  State,  at  least  45  days  before  the  beginning  of  the  fishing  seasons 
referred to in Article 7, shall send the Commission electronically in accordance with 
the  format  set  in  the  Guidelines  for  submitting  data  and  information  required  by 
ICCAT: 

a) 

b) 

a list of all catching vessels flying its flag authorised to fish actively for bluefin 
tuna in the Eastern Atlantic and Mediterranean Sea by issue of a special fishing 
authorisation; 

a  list  of  all  other  fishing  vessels  (catching  vessels  excluded)  flying  its  flag 
authorised to operate for bluefin tuna in the eastern Atlantic and Mediterranean 
Sea. 

During  a  calendar  year,  a  fishing  vessel  shall  be  included  in  only  one  of  the  lists 
referred to in this paragraph. 

Any subsequent changes to the lists referred to in paragraph 1 during a calendar year 
shall not be accepted unless a notified fishing vessel is prevented from participation 
due  to  legitimate  operational  reasons  or  force  majeure.  In  such  circumstances  the 
Member State concerned shall immediately inform the Commission, providing: 

a) 

b) 

full  details  of  the  intended  replacement  fishing  vessel(s)  referred  to  in 
paragraph 1; 

a  comprehensive  account  of  the  reasons  justifying  the  replacement  and  any 
relevant supporting evidence or references. 

The Commission shall send the information referred to in paragraphs 1 and 2 to the 
ICCAT  Secretariat  so  that  these  vessels  can  be  entered  in  the  ICCAT  record  of 
catching vessels authorised to fish actively for bluefin tuna or in the ICCAT record 
of  all  other  fishing  vessels  (catching  vessels  excluded)  authorised  to  operate  for 
bluefin tuna. 

EN 

14 

   EN 

 
4. 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

Without  prejudice  to  Article  11,  Community  fishing  vessels  not  entered  in  the 
ICCAT  records  shall  not  fish  for,  retain  on  board,  tranship,  transport,  transfer, 
process or land bluefin tuna in the Eastern Atlantic and Mediterranean Sea. 

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

Article 15 

Record of tuna traps authorised to fish for bluefin tuna 

By  15  February  each  year,  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  authorisation.  The  list 
shall include the name of the traps and the register number. 

The Commission shall send the list to the ICCAT Secretariat 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, 
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 16 

Information on fishing activities 

By 15 February each year, each Member State shall notify the Commission the list of 
the catching vessels included in the ICCAT record referred to in Article 14 that have 
fished  for  bluefin  tuna  in  the  eastern  Atlantic  and  Mediterranean  in  the  preceding 
fishing year. 

Each  Member  State  shall  notify  the  Commission  of  any  information  concerning 
vessels not covered in paragraph 1 but known or presumed to have fished for bluefin 
tuna in the eastern Atlantic and Mediterranean. 

The Commission shall transmit to the ICCAT Secretariat the information referred to 
in paragraph 1 by 1 March each year and the information referred to in paragraph 2. 

Article 17 

Designated ports 

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

EN 

15 

   EN 

 
2. 

3. 

1. 

2. 

For a port to be determined as designated port, the port Member State shall specify 
permitted  landing  and  transhipping  times  and  places.  The  port  Member  State  shall 
ensure full inspection coverage during all landing and transhipping times and at all 
landing and transhipping places. 

Member States shall transmit to the Commission no later than 15 February each year 
a list of designated ports. The Commission shall send this information to the ICCAT 
Secretariat before 1 March each year. 

It shall be prohibited to land or tranship from fishing vessels any quantity of bluefin 
tuna  fished  in  the  Eastern  Atlantic  and  Mediterranean  Sea  at  any  place  other  than 
ports  designated  by  CPCs  and  by  Member  States  in  accordance  with  paragraphs  1 
and 2. 

Article 18 

Recording requirements 

In  addition  to  complying  with  Article  6  and  8  of  Council  Regulation  (EEC)  No 
2847/93 of 12 October 1993 establishing a control system applicable to the Common 
Fisheries  Policy9,  the  master  of  a  Community  catching  vessel  referred  to  in  Article 
14 shall enter in the logbook, if applicable, the information listed in Annex II. 

The  master  of  a  Community  catching  vessel  involved  in  a  joint  fishing  operation 
shall record the following additional information in his logbook: 

a) 

as regards the catching vessel transferring the fish into cages: 

i) 

its name and international radio call sign; 

ii) 

the date and the time of the catch and of the transfer; 

iii) 

the location of the catch and of the transfer (longitude/latitude); 

iv) 

amount of catches taken on board, and amount of catches transferred into 
cages; 

v) 

amount of catches counted against its individual quota; 

vi) 

the name of the tug boat and its ICCAT number; 

b) 

as regards the other catching vessels not involved in the transfer of the fish: 

i) 

their names and international radio call signs; 

ii) 

the date and the time of the catch and of the transfer; 

iii) 

the location of the catch and of the transfer (longitude/latitude); 

9 

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1098/2007 (OJ L 248, 
22.9.2007, p. 1). 

EN 

16 

   EN 

 
                                                 
iv) 

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

v) 

the amount of catches counted against their individual quotas 

vi) 

the name and the ICCAT number of the catching vessel referred to in (a); 

vii) 

the name of the tug boat and its ICCAT number. 

Article 19 

Joint fishing operations 

Any joint fishing operations for bluefin tuna involving one or more fishing vessel(s) 
flying  the  flag  of  one  or  more  Member  State(s)  shall  only  be  authorised  with  the 
consent  of  the  flag  Member  State  or  flag  Member  States  concerned.  To  be 
authorised,  each  fishing  vessel  shall  be  equipped  to  fish  bluefin  tuna  and  have  an 
individual quota. 

At the moment of the application for the authorisation, each Member State shall take 
the  necessary  measures  to  obtain  from  its  fishing  vessels  participating  in  the  joint 
fishing operation the following information: 

a) 

duration; 

b) 

identity of the operators involved; 

c) 

individual vessels' quotas; 

d) 

the allocation key between the fishing vessels for the catches involved; 

e) 

and the information on the fattening or farming farms of destination. 

Each Member State shall transmit the information referred to in paragraph 2 to the 
Commission at least fifteen days before the start of the operation in accordance with 
the  format  set  out  in  Annex  V.  The  Commission  shall  promptly  forward  that 
information to the ICCAT Secretariat and to the Flag State of  other fishing  vessels 
participating  in  the  joint  fishing  operation  at  least  ten  days  before  the  start  of  the 
operation. 

Article 20 

Catch reports 

The  master  of  a  purse  seine  catching  vessel  or  of  another  catching  vessel  over  24 
metres fishing actively for bluefin tuna shall  send,  by  electronic  or  other  means,  to 
the  competent  authorities  of  his  flag  Member  State  a  daily  catch  report,  with,  as  a 
minimum,  information  on  the  catch  amount,  including  zero  catch  returns,  the  date 
and the location (latitude and longitude) of the catches, in accordance with the format 
set out in Annex IV. 

1. 

2. 

3. 

1. 

EN 

17 

   EN 

 
2. 

3. 

4. 

1. 

2. 

3. 

4. 

The  master  of  a  catching  vessel  not  referred  to  in  paragraph  1  shall  send  to  the 
competent  authorities  of  his  flag  Member  State  a  weekly  catch  report  with,  as  a 
minimum,  information  on  the  catch  amount,  including  zero  catch  returns,  the  date 
and  the  location  (latitude  and  longitude)  of  the  catches.  The  catch  report  shall  be 
transmitted at the latest by Monday noon with the catches taken during the preceding 
week  ending  Sunday  midnight  GMT.  This  report  shall  include  information  on  the 
number of days at sea in the Eastern Atlantic and Mediterranean since the beginning 
of the fishing or since the last weekly report. 

Each Member State shall, upon receipt, promptly forward catch reports referred to in 
paragraphs 1 and 2 in computer-readable form to the Commission in accordance with 
the format set out in Annex IV. The Commission shall forward that information on a 
weekly  basis  to  the  ICCAT  Secretariat  in  accordance  with  the  format  set  out  in 
Annex IV. 

Member States shall inform the Commission, before the 15th day of each month, of 
the quantities of bluefin tuna caught in the Eastern Atlantic and Mediterranean Sea 
which have been landed, transhipped, trapped or caged by the fishing vessels flying 
their flag during the preceding month. The Commission shall promptly forward that 
information to the ICCAT Secretariat. 

Article 21 

Landings 

By way of derogation from Article 7 of Regulation (EEC) No 2847/93, the master of 
a  Community  fishing  vessel  referred  to  in  Article  14  of  this  Regulation  or  his 
representative  shall  notify  the  competent  authority  of  the  Member  State  (including 
the flag Member State) or the CPC whose ports or landing facility they wish to use at 
least four hours before the estimated time of arrival at the port, of the following: 

a) 

estimated time of arrival; 

b) 

estimated quantity of bluefin tuna retained on board; 

c) 

information on the zone where the catches were taken 

Authorities of the port Member State shall keep a record of all prior notices for the 
current year. 

The  authorities  of  the  port  Member  State  shall  send  a  record  of  the  landing  to  the 
authorities  of  the  flag  State  of  the  fishing  vessel,  within  48  hours  after  the  landing 
has ended. 

After each trip and within 48 hours of landing, the masters of Community catching 
vessels shall submit a landing declaration to the competent authorities of the Member 
State or of the CPC where the landing takes place and to its flag Member State. The 
master of the authorised catching vessel shall be responsible for the accuracy of the 
declaration, which shall indicate, as a minimum, the quantities of bluefin tuna landed 
and  the  area  where  they  were  caught.  All  landed  catches  shall  be  weighed  and  not 
estimated. 

EN 

18 

   EN 

 
5. 

This  provision  shall  not  apply  to  landings  by  baitboats  and  trolling  boats  having 
caught bluefin tuna in the Eastern Atlantic, to landings of bluefin tuna caught in the 
Adriatic  Sea  for  farming  purposes  and  to  landings  of  bluefin  tuna  caught  in  the 
Mediterranean  Sea  by  the  coastal  artisanal  fishery  for  fresh  fish  by  baitboats, 
longliners and handliners. 

Article 22 

Transfer operations 

1. 

Before any transfer operation into towed cages, the master of a catching vessel shall 
send to the competent authorities of his flag Member State before the transfer, a prior 
transfer notification indicating: 

a) 

name of the catching vessel and ICCAT number record; 

b) 

estimated time of transfer; 

c) 

d) 

estimate of quantity of bluefin tuna to be transferred; 

information  on  the  position  (latitude/longitude)  where  the  transfer  will  take 
place 

e) 

name of the tug vessel, number of cages towed and ICCAT number record 

2. 

The transfer operation shall not begin without the prior authorisation of the catching 
vessel  flag  State.  The  flag  Member  State  shall  inform  the  master  of  the  catching 
vessel that the transfer is not authorised and to proceed to the release of the fish into 
the sea if it considers, on receipt of the prior transfer notification, that: 

a) 

b) 

c) 

d) 

the catching vessel declared to have caught the fish had not sufficient quota for 
bluefin tuna put into the cage; 

the quantity of fish has not been duly reported and not taken into account for 
the consumption of the quota that may be applicable; 

the catching vessel declared to have caught the fish is not authorised to fish for 
bluefin tuna, or 

the  tug  vessel  declared  to  receive  the  transfer  of  fish  is  not  registered  in  the 
ICCAT  record  of  all  other  fishing  vessels  referred  to  in  Article  14  or  is  not 
equipped with a Vessel Monitoring System. 

3. 

4. 

The  master  of  a  catching  vessel  shall  complete  and  transmit  to  the  competent 
authorities  of  his  flag  Member  State,  at  the  end  of  the  transfer  operation  to  the  tug 
vessel,  the  ICCAT  transfer  declaration,  in  accordance  with  the  format  set  out  in 
Annex III. 

The transfer declaration shall accompany the transfer of fish during transport to the 
farm or a designated port. 

EN 

19 

   EN 

 
5. 

6. 

7. 

8. 

1. 

2. 

The authorisation for transfer by the flag State does not prejudge the authorisation of 
the caging operation. 

The  master  of  the  catching  vessel  shall  ensure  that  the  transfer  activities  be 
monitored by video camera in the water. 

The  ICCAT  regional  observer  on  board  the  catching  vessel,  as  referred  to  in  the 
ICCAT Regional Observer Programme (Annex VII), shall record and report upon the 
transfer activities carried out, verify the position of the catching vessel when engaged 
in  transfer  operation,  observe  and  estimate  catches  transferred  and  verify  entries 
made in the prior transfer notification as referred to in paragraph 2 and in the ICCAT 
transfer declaration as referred to in paragraph 3. 

The ICCAT regional observer shall countersign the prior transfer notification and the 
ICCAT  transfer  declaration.  He  shall  verify  that  the  ICCAT  transfer  declaration  is 
properly filled and transmitted to the master of the tug vessel. 

The  tuna  trap  operator  shall  complete  and  send  to  the  competent  authorities  of  its 
Member State the ICCAT transfer declaration at the end of the transfer operation to 
the fishing vessel, in accordance with the format set out in Annex III. 

Article 23 

Transhipment 

By  way  of  derogation  from  Article  11  of  Regulation  (EEC)  No  2847/93, 
transhipment  at  sea  of  bluefin  tuna  in  the  Eastern  Atlantic  and  Mediterranean  Sea 
shall be prohibited. 

Prior  to  entry  into  any  port,  the  master  or  the  representative  of  the  transhipping 
fishing  vessel  shall  provide  the  competent  authorities  of  the  State  whose  port  he 
wants to use at least 48 hours before the estimated time of arrival with the following: 

a) 

b) 

c) 

d) 

estimated time of arrival; 

estimated  quantity  of  bluefin  tuna  retained  on  board,  and  information  on  the 
geographic area where it was taken; 

the  name  of  the  transhipping  fishing  vessel  and  its  number  in  the  ICCAT 
record of catching vessels authorised to fish actively for bluefin tuna or in the 
ICCAT  record  of  other  fishing  vessels  authorised  to  operate  in  the  eastern 
Atlantic and Mediterranean Sea; 

the  name  of  the  receiving  fishing  vessel,  its  number  in  the  ICCAT  record  of 
catching  vessels  authorised  to  fish  actively  for  bluefin  tuna  or  in  the  ICCAT 
record of other fishing vessels authorised to operate in the eastern Atlantic and 
Mediterranean Sea; 

e) 

the  tonnage  and  the  geographic  area  of  the  catch  of  bluefin  tuna  to  be 
transhipped. 

EN 

20 

   EN 

 
3. 

4. 

Fishing  vessels  shall  not  be  allowed  to  tranship  unless  they  have  obtained  prior 
authorisation from their flag State. 

The  master  of  the  transhipping  fishing  vessel  shall,  before  the  transhipment  starts, 
inform its flag State of the following: 

a) 

the quantities of bluefin tuna to be transhipped; 

b) 

the date and port of the transhipment; 

c) 

the  name,  registration  number  and  flag  of  the  receiving  fishing  vessel  and  its 
number in the ICCAT record of catching vessels authorised to fish actively to 
fish  actively  for  bluefin  tuna  or  in  the  ICCAT  record  of  other  fishing  vessels 
authorised to operate for bluefin tuna 

d) 

the geographical area of the catch of bluefin tuna. 

5. 

The competent authority of the Member State in which port the transhipment takes 
place shall: 

a) 

b) 

inspect  the  receiving  fishing  vessel  on  arrival  and  check  the  cargo  and 
documentation related to the transhipment operation; 

send a record of the transhipment to the flag State authority of the transhipping 
fishing vessel, within 48 hours after the transhipment has ended. 

The  masters  of  Community  fishing  vessels  shall  complete  and  transmit  the  ICCAT 
transhipment  declaration  to  the  competent  authorities  of  the  Member  State  whose 
flag the fishing vessels are flying. The declaration shall be transmitted no later than 
48 hours after the date of transhipment in port in accordance with the format set out 
in Annex III. 

Article 24 

Caging operations 

The Member State under whose jurisdiction the fattening or farming 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  CPC 
whose  flag  vessels  have  fished  the  tuna  and  to  the  Commission.  The  Commission 
shall promptly forward that information to the ICCAT Secretariat. This report shall 
contain  the  information  included  in  the  caging  declaration  as  set  out  in  the  ICCAT 
Recommendation [06-07] on bluefin tuna farming. 

When the fattening or farming farms are located on the high seas, paragraph 1 shall 
apply,  mutatis  mutandis,  to  Member  States  where  the  natural  or  legal  persons 
responsible for fattening or farming farms are established. 

Before any transfer operation into a farm, the flag Member State or the flag CPC of 
the catching vessel shall be informed by the competent authority of the fattening or 

6. 

1. 

2. 

3. 

EN 

21 

   EN 

 
farming farm Member State of the transfer into cage of quantities caught by catching 
vessels flying its flag. 

The flag Member State of the catching vessel shall inform the competent authority of 
the fattening or farming 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: 

a) 

b) 

c) 

the catching vessel declared to have caught the fish had insufficient individual 
quota for bluefin tuna put into the cage; 

the quantity of fish has not been duly reported and not taken into account for 
the calculation of any quota that may be applicable; or 

the catching vessel declared to have caught the fish is not authorised to fish for 
bluefin tuna. 

The transfer operation shall not begin without the prior authorisation of the catching 
vessel flag Member State or flag CPC. 

The Member State under whose jurisdiction the farm for bluefin tuna is located shall 
take  the  necessary  measures  to  prohibit  placing  in  cages  for  farming  or  fattening 
bluefin  tuna  that  are  not  accompanied  by  accurate,  complete  and  validated 
documentation required by ICCAT. 

The  Member  State  under  whose  jurisdiction  the  farm  is  located  shall  ensure  that 
transfer activities from cages to the farm shall be monitored by video camera in the 
water.  This  requirement  shall  not  apply  where  the  cages  are  directly  fixed  to  the 
mooring system. 

Article 25 

Vessel Monitoring System 

Regulation (EC) No 2244/2003 of 18 December 200310 shall apply to fishing vessels 
as referred to in Article 2 (b). In addition, Member States shall ensure that all tug and 
towing  vessels  flying  their  flag,  irrespective  of  their  length,  are  equipped  with  a 
Vessel Monitoring System.  

Member  States  shall  ensure  that  their  Fisheries  Monitoring  Centres  forward  to  the 
Commission,  in  real  time  and  using  the  format  "https  data  feed",  the  Vessel 
Monitoring System messages received from the fishing vessels flying their flag. The 
Commission shall send electronically these messages to the ICCAT Secretariat. 

4. 

5. 

6. 

1. 

2. 

3. 

Member States shall ensure that: 

10 

JO L 333, 20.12.2003, p. 17 

EN 

22 

   EN 

 
                                                 
a)  messages  from  the  fishing  vessels  flying  their  flag  are  forwarded  to  the 
Commission at least every two hours when they operate in the Eastern Atlantic 
and Mediterranean; 

b) 

in the event of technical malfunction, messages from the fishing vessels flying 
their flag are forwarded to the Commission within 24 hours of receipt by their 
Fisheries Monitoring Centres; 

c)  messages  forwarded  to  the  Commission  are  sequentially  numbered  (with  a 

unique identifier) in order to avoid duplication; 

d)  messages  forwarded  to  the  Commission  are  in  accordance  with  the  data 

exchange format set out in Annex VIII. 

Member  States  shall  take  the  necessary  measures to  ensure  that  all  messages  made 
available  to  their  inspection  vessels  are  treated  in  a  confidential  manner  and  are 
limited for the inspection at sea operations. 

Article 26 

Recording and reporting of trap activities 

Catches  by  trap  shall  be  recorded  after  the  end  of  every  fishing  operation  in  tuna 
traps and shall be transmitted by electronic means or other means within 48 hours of 
the  end  of  every  fishing  operation  to  the  competent  authority  of  the  Member  State 
where the trap is located. 

Each Member State shall, upon receipt, forward the catch record by electronic means 
to the Commission. The Commission shall promptly forward the information to the 
ICCAT Secretariat. 

Article 27 

Control in port or in farm 

Member States shall take the necessary measures to ensure that all catching vessels 
referred to in the ICCAT record of vessesl authorised to fish actively 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 a control in port. 

Member States shall take the necessary measures to control each caging operation in 
the fattening or farming farms falling within their jurisdiction. 

When the fattening or farming farms are located on the high seas, paragraph 2 shall 
apply,  mutatis  mutandis,  to  Member  States  where  the  natural  or  legal  persons 
responsible for the fattening or farming farm are established. 

4. 

1. 

2. 

1. 

2. 

3. 

EN 

Article 28 

Cross-check 

23 

   EN 

 
1. 

2. 

1. 

2. 

3. 

4. 

5. 

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  fishing  vessels  in  the  transfer/transhipment  document  and  in  the  catch 
documents. 

The Member States shall carry out cross-checks on all landings, all transhipments or 
caging between the quantities by species recorded in the fishing 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 29 

ICCAT scheme of joint international inspection 

The ICCAT scheme of joint international inspection adopted by ICCAT at its Fourth 
Regular Meeting (Madrid, November 1975) as modified by ICCAT at its 16th Special 
Meeting and set out in Annex VI to this Regulation shall apply in the Community 

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

The Commission or a body designated by it may assign Community inspectors to the 
Scheme. 

The  Commission  or  a  body  designated  by  it  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 
fishing  vessels  are  engaged  in  fishery  on  bluefin  tuna  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. 

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. Using this 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 30 

National observer programme 

1. 

Each Member State shall ensure observer coverage on its catching vessels over 15 m 
fishing actively for bluefin tunafor at least: 

a) 

20 % of its active purse seine catching vessels between 15 m and 24 m; 

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b) 

20 % of its active pelagic trawlers; 

c) 

20 % of its active longline catching vessels; 

d) 

20 % of its active baitboats; 

e) 

100 % during the harvesting process for tuna traps. 

2. 

Pending the actual implementation by ICCAT of the Regional observer programme 
referred to in Article 31, each Member State shall ensure: 

a) 

b) 

observer  coverage  for  at  least  20%  of  its  active  purse  seine  catching  vessels 
over 24 metres; 

in the case of joint fishing operations,  the  presence  of  an observer  during the 
fishing operation. 

3. 

The observer tasks shall be, in particular, to: 

a)  monitor a catching vessel compliance with this Regulation 

b) 

record and report upon the fishing activity which shall include, inter alia, the 
following: 

i) 

amount  of  catch  (including  by-catch),  that  also  includes  species 
disposition, such as retained on board or discarded dead or alive; 

ii) 

area of catch by latitude and longitude; 

iii)  measure of effort (e.g., number of sets, number of hooks, etc.), as defined 

in the ICCAT Field Manual for different gears; 

iv) 

date of catch; 

c) 

d) 

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

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

In  addition,  the  observer  shall  carry  out  scientific  work,  such  as  collecting  Task  II 
data as defined by ICCAT, when required by ICCAT, based on the instructions from 
the Standing Committee on Research and Statistics of ICCAT. 

4. 

In implementing this observer requirement, Member States shall: 

a) 

ensure  representative  temporal  and  spatial  coverage  to  ensure  that  the 
Commission receives adequate and appropriate data and information on catch, 
effort,  and  other  scientific  and  management  aspects,  taking  into  account 
characteristics of the fleets and fisheries; 

b) 

ensure robust data collection protocols; 

c) 

ensure observers are properly trained and approved before deployment; 

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d) 

ensure,  to  the  extent  practicable,  minimal  disruption  to  the  operations  of 
vessels fishing in the Convention Area. 

5. 

Pending the actual implementation by ICCAT of the Regional observer programme 
referred to in Article 31, each Member State within whose jurisdiction the fattening 
or farming farm for bluefin tuna is located shall ensure an observer presence during 
all transfer of bluefin tuna to the cages and all harvesting of fish from the farm. 

Article 31 

ICCAT Regional observer programme 

1. 

Each Member State shall ensure an ICCAT observer presence on: 

a) 

b) 

all purse seine vessels over 24 m during all the fishing season; 

all purse seiners involved in joint fishing operations, irrespective of the length 
of  the  vessels.  The  ICCAT  observer  shall  be  present  during  the  fishing 
operation. 

Purse  seine  vessels  over  24  m  without  an  ICCAT  regional  observer  shall  not  be 
authorised to fish or to operate in the bluefin tuna fishery. 

2. 

Each  Member  State  within  whose  jurisdiction  the  fattening  or  farming  farm  for 
bluefin tuna is located shall ensure an ICCAT observer presence during all transfer of 
bluefin tuna to the cages and all harvesting of fish from the farm. 

The ICCAT observer tasks shall be, in particular, to: 

a) 

observe and monitor farming operation compliance in accordance with Article 
4a, 4b and 4c of Regulation (EC) No 1936/2001; 

b) 

validate the caging report referred to in Article 24; 

c) 

d) 

carry out such scientific work, for example collecting samples, as required by 
the  ICCAT,  based  on  the  instructions  from  the  Standing  Committee  on 
Research and Statistics of ICCAT. 

ICCAT observers shall be allowed to access to the vessel and farm personnel 
and to the gear, cages and equipment; 

e)  Upon request, ICCAT observers shall also be allowed access to the following 
equipment,  if  present  on  the  vessels  to  which  they  are  assigned,  in  order  to 
facilitate the carrying out of their duties set forth in paragraph 4 of annex VII: 

i) 

satellite navigation equipment; 

ii) 

radar display viewing screens when in use; 

iii) 

electronic means of communication; 

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f) 

g) 

h) 

ICCAT observers shall be provided accommodations, including lodging, food 
and adequate sanitary facilities, equal to those of officers; 

ICCAT observers shall be provided with adequate space on the bridge or pilot 
house  for  clerical  work,  as  well  as  space  on  deck  adequate  for  carrying  out 
observer duties; and 

The  flag  Member  States  shall  ensure  that  masters,  crew,  farm  and  vessel 
owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to 
bribe an ICCAT observer in the performance of his/her duties. 

All  costs  arising  from  the  operation  of  ICCAT  observers  shall  be  born  by  the 
Member States. Member States may charge these costs, in part or in full, to the farm 
operators and purse seiner's owners. 

The ICCAT Regional Observer Programme as set out in Annex VII shall apply in the 
Community. 

3. 

4. 

Article 32 

Access to video records 

Each Member State shall ensure that the video records of its fishing vessels and of its farms, 
including video records of transfer and caging operations, are made available to the ICCAT 
inspectors and observers. 

Each Member State under whose jurisdiction the farm for bluefin tuna is located shall ensure 
that  the  video  records  of  its  fishing  vessels  and  of  its  farms,  including  video  records  of 
transfer and caging operations, are made available to Community inspectors and observers. 

Article 33 

Enforcement 

1. 

Member  States  shall  take  enforcement  measures  with  respect  to  a  fishing  vessel 
flying their flag, where it has been established, in accordance with their law that the 
vessel  does  not  comply  with  Articles  4,  6,  8,  17,  18,  19,  20  and  23.  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 

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2. 

1. 

2. 

3. 

Each Member State within 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 24 and 31(2) 
of this Regulation 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 record; 

c) 

prohibition of caging or marketing quantities of bluefin tuna. 

Article 34 

Market measures 

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

Community  trade,  imports,  landings,  placing  in  cages  for  fattening  or  farming, 
processing,  exports,  re-exports  and  the  transhipment  of  Eastern  Atlantic  and 
Mediterranean bluefin tuna aught by fishing vessels whose flag State does not have a 
quota,  catch  limit  or  allocation  of  fishing  effort  for  Eastern  Atlantic  and 
terms  of  ICCAT  management  and 
the 
Mediterranean  bluefin 
conservation measures, or when the flag State’s fishing opportunities are exhausted, 
or whose individual quotas referred to in Article 4 are exhausted, shall be prohibited. 
Based on the information received by the ICCAT Secretariat, the Commission shall 
inform all the Member States that a quota of a CPC is exhausted. 

tuna,  under 

Community  trade,  imports,  landings,  processing,  exports  from  fattening  or  farming 
farms  that  do  not  comply  with  ICCAT  Recommendation  [06-07]  on  bluefin  tuna 
farming shall be prohibited. 

Article 35 

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 36 

Growth factors for fattened or farmed tuna 

Member States shall define growth factors to be applied to bluefin tuna fattened or farmed in 
their cages and notify the Commission of the factors and methodology used by 15 September 

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2009.  The  Commission  shall  forward  that  information  to  the  ICCAT  Secretariat  and  to  the 
ICCAT Standing Committee on Research and Statistics. 

Article 37 

Evaluation 

Each  Member  State  shall  submit  each  year  by  15  September  to  the  Commission  a  detailed 
report on its implementation of the Regulation. The Commission shall submit each year by 15 
October  to  the  ICCAT  Secretariat  a  detailed  report  on  the  implementation  of  the  ICCAT 
Recommendation [08-05]. 

Article 38 

Financing 

The  multi-annual  recovery  plan  for  bluefin  tuna  in  the  Eastern  Atlantic  and  Mediterranean 
shall be deemed to be a recovery plan within the meaning of Article 5 of Regulation (EC) No 
2371/2002. 

CHAPTER VI 

FINAL PROVISIONS 

Article 39 

Repeals 

1. 

2. 

Regulation  (EC)  N°  1559/200711  establishing  a  multi-annual  recovery  plan  for 
bluefin tuna in the Eastern Atlantic and the Mediterranean and amending Regulation 
(EC) N° 520/2007 is repealed. 

References  to  the  repealed  Regulation  shall  be  construed  as  references  to  this 
Regulation and shall be read in accordance with the correlation table in Annex IX. 

Article 40 

Amendments to Regulation (EC) No 43/2009 

Articles 92 and 93 of Regulation (EC) 43/200912 are deleted.  

Article 41 

Entry into force 

11 
12 

OJ L 340, 22.12.2007, p.8 
OJ L 22, 26.01.2009, p.1 

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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 

Additional  specific  conditions  applying  to  baitboats  and  trolling  boats  in  the  Eastern 
Atlantic, to vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes and 
to the coastal artisanal fishery for fresh fish by baitboats, longliners and handliners in 
the Mediterranean Sea. 

1. 

a)  Each  Member  State  shall  ensure  that  catching  vessels  to  which  a  special  fishing 
authorisation  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.  Member  States  shall  issue  the  special  fishing 
authorisation only when a vessel has been entered into the ICCAT record of catching 
vessels authorised to fish actively for bluefin tuna. 

b) by 15 January each year, each Member State shall send to the Commission the list 
referred to in point (a) and all subsequent amendments in a computer-readable form. 

c) Any subsequent changes shall not be accepted unless a notified catching vessel is 
prevented from participation due to legitimate operational reasons or force majeure. 
In  such  circumstances  Member  States  concerned  shall  immediately  inform  the 
Commission, providing: 

i) 

ii) 

full details of the intended replacement of the catching vessel referred to 
in paragraph 3 of this Annex; 

a  comprehensive  account  of  the  reasons  justifying  the  replacement  and 
any relevant supporting evidence or references. 

The Commission shall promptly forward amendments to the ICCAT Secretariat. 

2. 

a) It shall be prohibited to land and/or tranship from catching vessels referred to in 
paragraph  1  any  quantity  of  bluefin  tuna  fished  at  any  place  other  than  ports 
designated by Member States or by CPCs. 

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

c) For a port to be determined as designated port, the port Member State shall specify 
permitted  landing  times  and  places.  The  port  Member  State  shall  ensure  full 
inspection coverage during all landing times and at all landing places. 

d) Member States shall transmit to the Commission no later than 15 February of each 
year  a  list  of  designated  ports.  The  Commission  shall  send  this  information  to  the 
ICCAT Secretariat before 1 March of each year. 

3. 

By  way  of  derogation  from  the  provision  of  Article  7  of  Regulation  (EEC)  No 
2847/93, the master of a Community catching vessel referred to in paragraph 1 and 2 
of  that  Article  or  his  representative  must  notify  the  competent  authority  of  the 
Member State (including the competent authority of their flag State) or of the CPC in 

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whose  ports  or  landing  facility  they  whish  to  use  at  least  four  hours  before  the 
estimated time of arrival at the port, of the following: 

a) 

estimated time of arrival; 

b) 

estimate of quantity of bluefin tuna retain on board; 

c) 

information on the zone where the catches were taken. 

Each Member State shall ensure that each landing is subject to an inspection in port. 

4. 

5. 

6. 

Each Member State shall implement a catch reporting regime that ensures effective 
monitoring of the utilisation of each catching vessel’s quota. Each member State Port 
authorities shall keep a record of all prior notice for the current year. 

The  master  of  the  catching  vessel  shall  ensure  that  any  quantity  of  bluefin  tuna 
landed  in  designated  port  shall  be  weighed  before  first  sale  of  before  being 
transported elsewhere from the port of landing; 

Bluefin  tuna  catches  may  not  be  offered  for  retail  sale  to  the  final  consumer, 
irrespective  of  the  marketing  method,  unless  appropriate  marking  or  labelling 
indicates: 

a) 

the species, fishing gear used; 

b) 

the catch area and date. 

7. 

Member  States  whose  baitboats,  longliners,  handliners  and  trolling  boats  are 
authorised to fish for bluefin tuna shall institute tail tag requirements as follows: 

a) 

b) 

Tail tags must be affixed on each bluefin tuna immediately upon offloading; 

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) 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. 

3. 

master's 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 operations, vessel names, register numbers, ICCAT numbers and 
IMO numbers (if available) of all the vessels involved in the operation; 

4. 

fishing gear: 

a) 

type FAO code 

b) 

dimension (length, mesh size, number of hooks, …); 

5. 

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

a) 

b) 

activity (fishing, steaming, …); 

position:  exact  daily  positions  (in  degree  and  minutes),  recorded  for  each 
fishing  operation  or  at  noon  when  no  fishing  has  been  conducted  during  this 
day; 

c) 

record of catches; 

6. 

species identification: 

a) 

by FAO code; 

7. 

8. 

9. 

EN 

b) 

round (RWT) weight in kg per day 

master's signature; 

observer's signature (if applicable); 

means of weight measure: estimation, weighing on board; 

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10. 

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

Minimum information in case of landing, transhipment/transfer: 

1. 

2. 

dates and port of landing/transhipment/transfer; 

products: 

a) 

presentation; 

b) 

number of fish or boxes and quantity in kg; 

3. 

Signature of the master or vessel agent. 

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ANNEX III 

ICCAT TRANSFER/TRANSHIPMENT DECLARATION 

Document No. 
Tug/Carrier vessel 
Name of vessel and radio call sign:  
Flag: 
Flag State authorization No. 
National Register No. 
ICCAT Register No. 
IMO No. 

Fishing Vessel  
Name of the vessel and radio call sign,  
Flag:  
Flag State authorization No. 
National register No. 
ICCAT Register No. 
External identification: 
Fishing logbook sheet No. 

Farm of destination 

Trap 

Name 
ICCAT Register number  

Name 
ICCAT Register number 

Departure 
Return 
Transfer/Transhipment 

Day 

Month 

Hour 

Year 
from 
to 

F.V Master's/trap operator name: 

Tug/Carrier Master's name: 

LOCATION OF TRANSHIPMENT 

Signature: 

Signature: 

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 

Lat. 

Long. 

Number 
of 
unit of fishes 

Type of 
Product 
Live 

Type of 
Product 
Whole 

Type of 
Product
Gutted 

Type of 
Product 
Head off 

Type of 
Product 
Filleted 

Type of 
Product 

Place/Position: 

further transfer / transhipments 
Date: 
Authorization CP No.: 
Transfer vessel Master's signature: 

Name of receiver vessel: 
Flag: 
ICCAT Register No.: 
IMO No.: 
Master’s signature: 

Date: 
Authorization CP No.: 
Transfer vessel Master’s signature: 

Place/Position: 

Name of receiver vessel: 
Flag: 
ICCAT Register No.: 
IMO No.: 
Master’s signature: 

ICCAT Observer signature (if applicable).  

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Obligations in case of transfer /transhipment: 

1. 

The original of the transfer/transhipment declaration must be provided to the recipient vessel tug/processing/transport). 

2. 

The copy of the transfer/transhipment declaration must be kept by the correspondent catching vessel or trap. 

3. 

Further transfers or transhipping operations shall be authorised by the relevant CP which authorised the vessel to operate. 

4. 

The original of the transfer/ transhipment declaration has to be kept by the recipient vessel which holds the fish, up to the farm or the landing place. 

5. 

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

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ANNEX IV 

CATCH REPORT FORM 

ICCAT Weekly Catch Report 

Flag 

ICCAT 
Number 

Vessel name 

Report 
Start date 

Report 
End date 

Report 

Duration (d)  Catch date 

Weight 
(kg) 

Number of 
Pieces 

Average 
Weight (kg) 

Attributed 
Weight in case 
JFO (kg) 

Caught 

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ANNEX V 

JOINT FISHING OPERATION 

Flag state 

Vessel 
name 

ICCAT 
n° 

Duration of 
the operation 

Identity of the operators 

Vessels 
individual 
quota 

Allocation key 
per vessel 

Fattening and farming farm destination 

CPC 

ICCAT n◦ 

Date ……………………………………….. 

Validation of the Flag State ………………………………….. 

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ANNEX VI 

ICCAT scheme of joint international inspection 

The ICCAT agreed at its Fourth Regular Meeting (Madrid, November 1975) and at its Annual 
Meeting in 2008 in Marrakesh that: 

Pursuant  to  paragraph  3  of  Article  IX  of  the  Convention,  the  ICCAT  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 thereunder: 

I. 

1. 

SERIOUS VIOLATIONS 

For  the  purposes  of  these  procedures,  a  serious  violation  means  the  following 
violations  of  the  provisions  of  the  ICCAT  conservation  and  management  measures 
adopted by the Commission: 

a) 

b) 

fishing without a license, permit or authorisation issued by the flag CPC; 

failure  to  maintain  sufficient  records  of  catch  and  catch-related  data  in 
accordance  with  the  Commission’s  reporting  requirements  or  significant 
misreporting of such catch and/or catch-related data; 

c) 

fishing in a closed area; 

d) 

fishing during a closed season; 

e) 

f) 

g) 

h) 

i) 

intentional  taking  or  retention  of  species  in  contravention  of  any  applicable 
conservation and management measure adopted by the ICCAT; 

significant  violation  of catch limits or quotas in force pursuant to the ICCAT 
rules; 

using prohibited fishing gear; 

falsifying or intentionally concealing the markings, identity or registration of a 
fishing vessel; 

concealing, tampering with or disposing of evidence relating to investigation of 
a violation; 

j)  multiple  violations  which  taken  together  constitute  a  serious  disregard  of 

measures in force pursuant to the ICCAT; 

k) 

assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or 
delay an authorised inspector or observer 

l) 

intentionally tampering with or disabling the vessel monitoring system; 

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m) 

such  other  violations  as  may  be  determined  by  the  ICCAT,  once  these  are 
included and circulated in a revised version of these procedures; 

n) 

o) 

fishing with assistance of spotter planes; 

interference with the satellite monitoring system and/or operates without VMS 
system; 

p) 

transfer activity without transfer declaration. 

In  the  case  of  any  boarding  and  inspection  of  a  fishing  vessel  during  which  the 
authorised inspectors observe an activity or condition that would constitute a serious 
violation,  as  defined  in  paragraph  1,  the  authorities  of  the  inspection  vessels  shall 
immediately  notify  the  authorities  of  the  fishing  vessel,  directly  as  well  as  through 
the ICCAT Secretariat; 

The  flag  State  CPC  shall  ensure  that,  following  the  inspection  referred  to  in 
paragraph 2 of this Annex, the fishing vessel concerned ceases all fishing activities. 
The flag State CPC shall require the fishing vessel to proceed immediately to a port 
designated by it, and where an investigation shall be initiated; 

If the vessel is not called to port; the CPC must provide due justification in a timely 
manner  to  the  Executive  Secretary,  who  shall  made  it  available  on  request  to  other 
Contracting parties. 

CONDUCT OF INSPECTIONS 

Inspection  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 ICCAT Commission; 

Ships carrying inspectors shall fly a special flag or pennant approved by the ICCAT 
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  ICCAT 
Commission, as soon as may be practical; 

Each inspector shall carry an identity document supplied by the authorities of the flag 
State  in  the  form  shown  in  paragraph  17  of  this  Annex  and  giving  him  an 
appointment stating that he has authority to act under arrangements approved by the 
ICCAT  Commission.  This  identity  document  shall  be  valid  for  a  minimum  of  five 
years; 

Subject  to  the  arrangements  agreed  under  paragraph  12  of  this  Annex,  a  vessel 
employed for the time being in fishing for tuna or tuna-like fishes in the Convention 
Area  outside  the  waters  within  its  national  jurisdiction  shall  stop  when  given  the 
appropriate signal in the International Code of Signals by a ship carrying an inspector 
unless  it  is  actually  carrying  out  fishing  operations,  in  which  case  it  shall  stop 

2. 

3. 

II. 

4. 

5. 

6. 

7. 

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immediately  once  it  has  finished  such  operations.  The  master13  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 ICCAT 
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; 

On boarding the vessel an inspector shall produce the document described in point 6. 
Inspections  shall  be  made  so  that  the  vessel  suffers  the  minimum  interference  and 
inconvenience  and  the  quality  of  the  fish  does  not  deteriorate.  An  inspector  shall 
limit  his  enquiries  to  the  ascertainment  of  the  observance  of  the  ICCAT 
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 ICCAT 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,  which  shall  transmit  copies  to  the  appropriate  authorities  of  the  flag 
State  of  the  vessel  and  to  the  ICCAT  Commission.  Where  any  infringement  of  the 
recommendations is discovered the inspector should, where possible, also inform the 
competent  authorities  of  the  flag  State,  as  notified  to  the  ICCAT  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 
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 
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  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; 

a) Contracting Governments shall inform the ICCAT Commission by 1 March 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. 

8. 

9. 

10. 

11. 

12. 

13 

The master refers to individual in charge of the vessel. 

EN 

41 

   EN 

 
                                                 
b)  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 ICCAT Commission: 

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

a) 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;  

b) inspectors shall have the authority to inspect all fishing gear in use or that fishing 
gear on deck ready for use; 

The inspector shall affix an identification mark approved by the ICCAT Commission 
to  any  fishing  gear  inspected  which  appears  to  be  in  contravention  of  the  ICCAT 
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 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; 

The inspector shall have authority, subject to any limitations imposed by the ICCAT 
Commission,  to  examine  the  characteristics  of  catches,  to  establish  whether  the 
ICCAT 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). 

13. 

14. 

15. 

16. 

17. 

New proposed model Identity Card for inspectors: 

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ANNEX VII 

Regional observer programme 

ASSIGNMENT OF OBSERVERS 

1. 

2. 

Member  States  shall  notify  the  Commission,  by  15  January  each  year,  a  list  of  its 
observers. 

The observers shall have the following qualifications to accomplish their tasks: 

a) 

b) 

c) 

d) 

sufficient experience to identify species and fishing gear; 

satisfactory knowledge of the ICCAT conservation and management measures 
assessed by a certificate provided by the Member States and based on ICCAT 
training guidelines; 

the ability to observe and record accurately; 

a  satisfactory  knowledge  of  the  language  of  the  flag  of  the  vessel  or  farm 
observed. 

OBLIGATIONS OF THE OBSERVER 

3. 

Observers shall: 

a) 

have completed the technical training required by the guidelines established by 
ICCAT; 

b) 

be nationals of one of the Member States; 

c) 

be capable of performing the duties set forth in point 48 below; 

d) 

be included in the list of observers maintained by the ICCAT; 

e) 

not have current financial or beneficial interests in the bluefin tuna fishery. 

OBSERVER TASKS 

4. 

The observer tasks shall be in particular: 

a)  As regards observers on purse-seine vessels, to monitor the purse seine vessels’ 
compliance with the relevant conservation and management measures adopted 
by ICCAT. In particular the observers shall: 

i) 

record and report upon the fishing activities carried out; 

ii) 

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

iii) 

issue a daily report of the purse seiner vessels' transfer activities; 

EN 

43 

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iv) 

sight and record vessels which may be fishing in contravention to ICCAT 
conservation and management measures; 

v) 

record and report upon the transfer activities carried out; 

vi) 

verify the position of the vessel when engaged in transfer; 

vii)  observe and estimate products transferred, including through the review 

of video recordings; 

viii)  verify  and  record  the  name  of  the  fishing  vessel  concerned  and  its 

ICCAT number; 

ix) 

carry out scientific work such as collecting Task II data when required by 
the Commission, based on the directives from the SCRS. 

b)  As  regards  observers  in  the  farms,  to  monitor  the  farms'  compliance  with  the 
relevant  conservation  and  management  measures  adopted  by  ICCAT.  In 
particular the observers shall: 

i) 

ii) 

verify  the  data  contained  in  the  transfer  declaration  and  caging 
declaration, including through the review of video records; 

certify  the  data  contained  in  the  transfer  declaration  and  caging 
declaration; 

iii) 

issue a daily report of the farms' transfer activities; 

iv) 

countersign the transfer declaration and caging declaration; 

v) 

carry  out  such  scientific  work,  for  example  collecting  samples,  as 
required by the Commission, based on the directives from the SCRS; 

establish  general  reports  compiling  the  information  collected  in  accordance 
with this paragraph and provide the master and farm operator the opportunity 
to include therein any relevant information; 

submit  to  the  Secretariat  the  aforementioned  general  report  within  20  days 
from the end of the period of observation; 

c) 

d) 

e) 

exercise any other functions as defined by the Commission. 

5. 

6. 

7. 

5.Observers shall treat as confidential all information with respect to the fishing and 
transfer operations of the purse seiners and of the farms and accept this requirement 
in writing as a condition of appointment as an observer; 

6.Observers shall comply with requirements established in the laws and regulations 
of the flag or farm State which exercises jurisdiction over the vessel or farm to which 
the observer is assigned; 

Observers shall respect the hierarchy and general rules of behaviour which apply to 
all vessel and farm personnel, provided such rules do not interfere with the duties of 

EN 

44 

   EN 

 
the  observer  under  this  program,  and  with  the  obligations  of  vessel  and  farm 
personnel set forth in Article 31. 

EN 

45 

   EN 

 
ANNEX VIII 

Format for the communication of Vessel Monitoring System messages 

Data element 

Field 
code 

Mandatory/ 
Optional 

Type 

Contents 

Definition 

Start record 
Address 
From 
Sequence number 
Type of message 

SR 
AD 
FR 
SQ 
TM 

internal 

RC 
TN 
NA 
IR 

Radio call sign 
Trip number 
Vessel name 
Contracting  party 
reference number 
External registration number  XR 
LT 
Latitude (decimal) 
LG 
Longitude (decimal) 
CO 
Course 
SP 
Speed 
MS 
Free text 
DA 
Date 
TI 
Time 
ER 
End of record 

M 
M 
M 
O 
M 

O1 
O 
O 
O1 

O1 
M 
M 
M 
M 
O 
M 
M 
M 

System detail; indicates start of record 

ISO-3166 Address  Message detail; destination; "EEC" for the Commission 
ISO-3166 Address  Message detail; ISO-3 code of the transmitting contracting party 
NNNNNN 
Code 

Char*3 
Char*3 
Num*6 
Char*3 

Char*7 
Num*3 
Char*30 
Char*12 

IRCS Code 
NNN 

ISO-3166 + Code 

+/-DD.ddd 
+/-DDD.ddd 
360° degree scale 
Knots * 10 

Char*14 
Char*7 
Char*8 
Char*3 
Char*3 
Char*255  Alarms or events 
Num*8 
Num*4 

YYYYMMDD 
HHMM 

Message detail; message serial number in current year 
Message  detail;  message  type,  "POS"  as  Position  report/message  to  be 
communicated by VMS or other means by vessels with a defective satellite 
tracking device 
Vessel registration detail; name of the vessel 
Activity detail; fishing trip serial number in current year 
Vessel registration detail; name of the vessel 
Vessel registration detail. Unique contracting party vessel number as ISO-3 
flag State code followed by code ("CFR number"') 
Side number of the vessel or IMO number in the absence of a side number 
Activity detail; position at time of transmission 
Activity detail; position at time of transmission 
Course of the vessel 
Speed of the vessel 
Notification of alarms or events 
Message detail; date of transmission 
Message detail; time of transmission 
System detail; indicates end of the record 

1 At least one of the field codes RC, IR or XR is mandatory. 

Example of message sent via "Trackwell protocol" on test system (httpsgwt) 

https://fides.ec.europa.eu/httpsgwt.index.php?application=CYP&method=send&message=//SR//AD/EEC//FR/CYP//SQ/28285//TM/POS//RC/ZWXS//TN/001//NA/LA 
POULE//IR/CYP000000123//XR/ZZ-0604//LT/+47.612//LG/-47.528//CO/280//SP/23//MS/SWITCHING on VMS//DA/20080307//TI//ER// 

GROSSE 

EN 

46 

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ANNEX IX 

Correlation table 

Regulation (EC) No 1559/2007  

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Article 1 

Article 2 

Article 4 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 23 

Article 24 

Article 26 

Article 27 

EN 

47 

   EN 

 
 
Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 28 

Article 29 

Article30 

Article 33 

Article 34 

Article 35 

Article 38 

EN 

48 

   EN