2.12.2022
EN
Official Journal of the European Union
L 311/11
Article 18 Mobulid rays 1.
Union fishing vessels shall be prohibited from intentionally setting any gear type around a mobulid ray (species of the genus Mobula) if the animal is sighted prior to commencement of the set. 2.
Union fishing vessels shall not retain on board, tranship, land, store, sell or offer for sale any part or whole carcass of a mobulid ray. 3.
Union fishing vessels shall promptly release alive and unharmed, to the extent practicable, mobulid rays caught unintentionally as soon as they are seen in the net, on the hook, or on the deck, in a manner that will result in the least possible harm to the individual rays captured.
They shall take all reasonable steps to apply handling procedures for mobulid rays, while taking into consideration the safety of the crew. 4.
Notwithstanding paragraph 3, where a Union purse seine vessel unintentionally catches and freezes a mobulid ray in the course of its operations, it shall surrender the whole mobulid ray to the responsible governmental authorities, or other competent authority, or discard it at the point of landing.
Mobulid rays surrendered in that manner may not be sold or bartered but may be donated for the purposes of domestic human consumption. 5.
Union fishing vessels shall use proper mitigation, identification, handling and releasing techniques and keep on board all necessary equipment to release mobulid rays.
Article 19 Whale sharks 1.
Union fishing vessels shall be prohibited from intentionally setting a purse seine net around a whale shark (Rhincodon typus) in the Area, if it is sighted prior to the commencement of the set.
2.
Where a whale shark is unintentionally encircled or entangled in the fishing gear, Union fishing vessels shall:
(a) take all reasonable steps to ensure its safe release, in line with available IOTC Scientific Committee’s best practice guidelines for the safe release and handling of whale sharks, while taking into consideration the safety of the crew; (b) report the incident to the vessel’s flag Member State, with the following information: — the number of individuals; — a short description of the interaction, including details of how and why the interaction occurred, if possible; — the location of the encirclement; — the steps taken to ensure safe release; and — an assessment of the life status of the whale shark on release, including whether it was released alive but subsequently died.
SECTION 2
Other Species
Article 20 Cetaceans 1.
Union fishing vessels shall be prohibited from intentionally setting a purse seine net around a cetacean in the Area, if it is sighted prior to the commencement of the set.