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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
P10_TA(2026)0280
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), Regulation (EU) 2018/975 laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area, Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, Regulation (EU) 2021/56 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention, Regulation (EU) 2022/2056 laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area, Regulation (EU) 2022/2343 laying down management, conservation and control measures applicable in the Indian Ocean Tuna Commission (IOTC) Area of Competence, and Regulation (EU) 2023/2053 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean
Implementation into Union law of measures adopted by regional fisheries management organisations
(COM(2025)0195 – C100082/2025 – 2025/0106(COD))
Committee on Fisheries
PE779.561
European Parliament legislative resolution of 15 September 2026 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), Regulation (EU) 2018/975 laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area, Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, Regulation (EU) 2021/56 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention, Regulation (EU) 2022/2056 laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area, Regulation (EU) 2022/2343 laying down management, conservation and control measures applicable in the Indian Ocean Tuna Commission (IOTC) Area of Competence, and Regulation (EU) 2023/2053 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean (COM(2025)0195 – C10-0082/2025 – 2025/0106(COD))
(Ordinary legislative procedure: first reading)
– having regard to the opinion of the European Economic and Social Committee of 16 July 2025,
– having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 29 April 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
– having regard to Rule 60 of its Rules of Procedure,
2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Recital 4: (4) At its 28th Regular Meeting in 2023, and additionally at its 24th Special Meeting in 2024, ICCAT also adopted control measures for the conservation of fishery resources under its purview relating to the exchange of quotas between Joint Fishing Operations, prior notification of landings, monitoring of bluefin tuna transfers operations by video camera, caging operations, and control activities in the farms after caging.
P10_TC1-COD(2025)0106
Recital 5: deleted
Position of the European Parliament adopted at first reading on 15 September 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council amending Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), Regulation (EU) 2018/975 laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area, Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, Regulation (EU) 2021/56 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention, Regulation (EU) 2022/2056 laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area, Regulation (EU) 2022/2343 laying down management, conservation and control measures applicable in the Indian Ocean Tuna Commission (IOTC) Area of Competence, and Regulation (EU) 2023/2053 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean
Recital 5 a (new): (5a) Application of those management measures in the Mediterranean must be in line with the strategic goal of food sovereignty for the Union. At a time when the Commission is proposing drastic cuts to fishing effort in the western Mediterranean for 2026 (up to 64 % for trawl), it is imperative for the transposition of international rules not to add layers of complexity that speed up the dismantling of the fleet, which would irreversibly increase dependence on neighbouring countries for sea products.
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Recital 7: (7) The SPRFMO Commission adopted at its 2018, 2019, 2020, 2021, 2022, 2023 and 2024 annual meetings further measures for the conservation of fishery resources under its purview related to bottom fishing, transhipment, gillnets, observer programmes and data, and vessel monitoring systems, as well as new measures in particular a new protocol for high seas boarding and inspections, including procedures for alleged infringements, and measures on marine pollution and on the marking and identification of fishing vessels. New requirements must be properly coordinated with Member States to ensure they are technically and economically feasible, especially in regions affected by recent highly contentious management decisions, such as proposed reductions of Mediterranean trawl fleets, which threaten the sector's survival and increase dependence on imports from third countries.
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,
Recital 8: deleted
Having regard to the proposal from the European Commission,
Recital 10: (10) NAFO adopted at its annual meetings in 2023 and 2024 further measures for the conservation of fishery resources under its purview regarding cod in Divisions 2J3KL including closure, bycatch and retention on board, observers, surveillance, and relevant additional procedure for serious infringements. Furthermore, any future restriction on bottom gears in sensitive areas of the Atlantic should make a distinction between techniques that have clearly different impacts; in particular, bottom-set longlines’ highly selective nature and limited impact on benthic ecosystems mean they should be excluded from the applicable bans in the 87 Atlantic areas affected. Applying widespread restrictions without distinction would jeopardise the viability of sustainable fleet segments without bringing real environmental benefits.
After transmission of the draft legislative act to the national parliaments,
Recital 11: deleted
Having regard to the opinion of the European Economic and Social Committee,
Recital 14: deleted
Acting in accordance with the ordinary legislative procedure,
Recital 16: (16) WCPFC adopted at its 2022, 2023 and 2024 annual meetings measures related to bunkering services and protection of sharks and use of branch lines, wire leaders and shark lines by Union longline vessels with prohibition of shark retention and duty to release, as well as surrender or discard of unintentionally caught Oceanic whitetip and silky sharks or cetacean specimens.
Whereas:
Recital 17: deleted
(1) Regulation (EU) 2017/2107 of the European Parliament and of the Council implemented into Union law management, conservation and control measures adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and applicable to the ICCAT Convention Area up to, and including at, its annual meeting in 2015.
Recital 19: (19) IOTC subsequently adopted at its 2022, 2023 and 2024 annual meetings and 6th special session measures for the conservation of fishery resources under its purview as regards management of anchored and drifting fish aggregating devices, voluntary fishery closure, transhipments, conservation measures for cetaceans and seabirds, regional observer schemes, vessel monitoring plans, electronic monitoring standards and port inspections. The measures adopted must take account of fleets' socio-economic circumstances and ensure that additional obligations do not compromise the Union fleet's competitiveness compared to third countries that have considerably lower environmental and labour standards.
(2) Regulation (EU) 2017/2107 was subsequently amended by Regulations (EU) 2019/1154, (EU) 2023/2053 and (EU) 2024/897 of the European Parliament and of the Council in order to implement further measures adopted by ICCAT at its 28th Regular Meeting in 2023. Those included measures for the conservation of whale shark and mobulid rays, as well as a geographic limitation for the applicability of sea turtle conservation measures. Moreover, the role of the European Fisheries Control Agency (EFCA) was defined as a sighting entity in relation to sighting of vessels and further communication to the ICCAT Secretariat.
Recital 20: (20) IOTC resolution 24/06 implemented a ban on discards of bigeye tuna, skipjack tuna, yellowfin tuna, and non-targeted species caught by vessels in the IOTC record of authorisation that operate in the IOTC area of competence. Union fishing vessels using other gear types than those used by purse seine vessels are encouraged to retain on board and then land all fish fit for human consumption, and to take all reasonable steps to ensure the safe release of non-targeted species taken alive, to the extent possible, while taking into consideration the safety of the crew. They are also encouraged to retain on board and then land all dead non-targeted species, except those considered unfit for human consumption or prohibited from retention. The implementation of those measures should take into consideration the efforts made by vessels to avoid non-target species and make sure that port infrastructure in the region provides the necessary conditions to manage the landings of those non-target species without impacting the normal landing operations.
(3) Regulation (EU) 2023/2053 implemented into Union law measures adopted by ICCAT for the management of the bluefin tuna.
Recital 21: (21) These measures, stemming from ICCAT, SPRFMO, NAFO, IATTC, WCPFC and IOTC, are binding on the Union. They should therefore be implemented into Union law, except where such measures are already fully addressed and covered by existing Union legislation.
(4) At its 28th Regular Meeting in 2023, and at its 24th Special Meeting in 2024, ICCAT also adopted control measures for the conservation of fishery resources under its purview relating to the exchange of quotas between Joint Fishing Operations, prior notification of landings, monitoring of bluefin tuna transfer operations by video camera, caging operations, and control activities in the farms after caging.
Recital 21 a (new): (21a) Recommendations must be strictly transposed, ensuring a level playing field for all operators in relation to operators from other contracting parties, while minimising administrative burdens and avoiding any obligations beyond those set out in the recommendations concerned.
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Recital 21 b (new): (21b) It is imperative for the Union to carefully consider the socio-economic implications of fisheries management measures and, where appropriate, evaluate their impact on the fishing sector and coastal communities. Such measures shall be based on the best available scientific advice and comply with Article 2 of the Common Fisheries Policy, ensuring the viability and competitiveness of Union fishing, promote sustainable fleet capacity, and support the development of coastal fisheries.
(5) Regulation (EU) 2018/975 of the European Parliament and of the Council implemented into Union law management, conservation and control measures adopted by the South Pacific Regional Fisheries Management Organisation (SPRFMO) and applicable to the SPRFMO Convention Area up to, and including at, its annual meeting in 2017.
Recital 22: (22) Certain SPRFMO, NAFO, IATTC, IOTC and ICCAT provisions are being amended more frequently and are likely to be amended at future SPRFMO, NAFO, IATTC, IOTC, and ICCAT annual meetings. In order to implement swiftly into Union law such future amendments, without letting the need for swiftness be used to introduce additional restrictions that have not been duly discussed with the European Parliament and the Member States, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In this context, enhanced surveillance is important to avoid delegated acts being used unilaterally to introduce new restrictions on fishing effort, such as those recently proposed for the Mediterranean, which have been broadly rejected by the sectors affected and could jeopardise the socio-economic viability of fishing communities. On this basis, delegated powers must be used strictly within the limits set by the legislator and applied in line with the following provisions: (i) with regards to SPRFMO in respect to time limits, distance to the encounter area, distances related to transhipment notification, data and information requirements, and provision of record of vessel information; with regards to NAFO, in respect of measures relating to Member State duties related to the submission of changes in by-catch retained, closure periods, observer qualifications, duties, training, observer data validations, observ…
(6) At its 2018, 2019, 2020, 2021, 2022, 2023 and 2024 annual meetings, the SPRFMO Commission adopted further measures for the conservation of fishery resources under its purview relating to bottom fishing, transhipment, gillnets, observer programmes and data, and vessel monitoring systems, as well as new measures such as a new protocol for high seas boarding and inspections, including procedures for alleged infringements, and measures on marine pollution and on the marking and identification of fishing vessels.
Recital 23: (23) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with representatives of relevant stakeholders, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making13. In particular, to ensure equal participation in the preparation of delegated acts, adapted to the fleet conditions and reality, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. The Commission is also encouraged to make use of the possibility provided by invitations to meetings in the European Parliament or the Council in order to have a further exchange of views on the preparation of delegated acts.
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Recital 23 a (new): (23a) Personal data processed in the framework of the Regulations amended by this Regulation should be treated in accordance with the applicable provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725. In order to ensure the fulfilment of obligations under Regulations (EU) 2017/2107, (EU) 2018/975, (EU) 2019/833, (EU) 2021/56, (EU) 2022/2056, and (EU) 2023/2053 as amended, the personal data should be stored for a period of 10 years. In the event that the personal data in question are needed in order to follow up an infringement, inspection or judicial or administrative procedures, it should be possible for those data to be stored for a period exceeding 10 years, but no longer than 20 years.
(7) Regulation (EU) 2019/833 of the European Parliament and of the Council implemented into Union law conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (NAFO) and applicable in the NAFO Regulatory Area up to, and including at, its annual meeting in 2018. In order to implement into Union law further NAFO measures adopted at its annual meetings in 2019, 2020, 2021 and 2022, that Regulation was subsequently amended by Regulations (EU) 2021/1231, (EU) 2022/2037 and (EU) 2023/2857 of the European Parliament and of the Council.
Recital 23 b (new): (23b) The Commission shall engage with the Parliament and the Council to discuss the joint RFMOs transposition process with several different regulations being amended ahead of the next adoption, and should afterwards assess that process three years from the date of entry into force of this Regulation, and every three years thereafter.
(8) At its 2023 and 2024 annual meetings, NAFO adopted further measures for the conservation of fishery resources under its purview regarding cod in Divisions 2J3KL including closure, bycatch and retention on board, observers, surveillance, and the relevant additional procedure for serious infringements.
Regulation (EU) 2017/2107
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Article 1 – paragraph 1 – point 2, Article 30a: (2) The following Article is inserted: / 1. It shall be prohibited to: / (a) retain on board, tranship, or land, any part or whole of the carcass of whale sharks caught in association with ICCAT fisheries; / (b) set a purse seine on a school of tuna associated with a whale shark after sighting of the shark concerned. / 2. Masters of Union fishing vessels, shall take all reasonable steps to ensure the safe release of whale sharks that are incidentally encircled in the purse seine net. / 3. Member States shall ensure that their domestic observer programmes record purse seine operations with interactions with whale sharks referred to in paragraphs 1 and 2, and that the following information is collected: / (c) geographic position of the interaction; / (d) steps taken by the fishing vessel to ensure safe handling and release of the specimens encircled in the purse seine; / 4. Member States shall report to the Commission, in accordance with ICCAT data reporting requirements, the data and information collected under paragraph 3 in their annual reports. The Commission shall report these data to the ICCAT Secretariat. / 5. The provisions in paragraphs 1 to 4 shall apply exclusively to fishing vessels operating between 40° N and 40° S.”
(9) Regulation (EU) 2021/56 of the European Parliament and of the Council implemented into Union law the provisions adopted by the Inter-American Tropical Tuna Commission (IATTC) applicable to the IATTC Convention area up to, and including at, its annual meeting in 2019.
Regulation (EU) 2017/2107
(10) At its 2020, 2021, 2022, 2023 and 2024 annual meetings, the IATTC adopted measures for the conservation of fishery resources under its purview relating to fish aggregating devices (FADs), the activation of buoys, the reduction of FADs entanglement and the use of biodegradable materials, the reporting of catches on Pacific bluefin tuna, minimum vessel data requirements, changes in vessel monitoring systems, the introduction of electronic monitoring systems, including the collection of fisheries data, the protection of silky sharks, the safe release of sharks, the collection of data on shark species, and updates to compliance reports.
Article 1 – paragraph 1 – point 3, Article 33a – paragraph 6: 6. Union fishing vessels that are equal to or greater than 12 metres in length overall shall be allowed to retain South Atlantic shortfin mako only when the fish is dead on haulback, and the vessel has an observer or a functioning electronic monitoring system (EMS) on board to verify the condition of the sharks.
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Regulation (EU) 2021/2107
(11) Regulation (EU) 2022/2056 of the European Parliament and of the Council implemented into Union law conservation and management measures adopted by the Western and Central Pacific Fisheries Commission (WCPFC) and applicable to the WCPFC Convention area up to, and including at, its 2021 annual meeting.
Article 1 – paragraph 1 – point 3, Article 33a – paragraph 7: 7. In addition to the conditions mentioned in paragraph 6, for Union fishing vessels of less than 12 meters in length overall, no more than one specimen of South Atlantic shortfin mako shall be retained by a vessel for any fishing trip.
(12) At its 2022, 2023 and 2024 annual meetings, the WCPFC adopted measures relating to bunkering services, the protection of sharks and the use of branch lines, wire leaders and shark lines by Union longline vessels with the prohibition of shark retention and a duty to release, as well as to surrender or discard, unintentionally caught oceanic whitetip and silky sharks, or cetacean specimens.
The following amendment will substitute amendment 6.
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Regulation (EU) 2017/2107
(13) Regulation (EU) 2022/2343 of the European Parliament and of the Council implemented into Union law management, conservation and control measures adopted by the Indian Ocean Tuna Commission (IOTC) and applicable in the IOTC area of competence up to, and including at, its annual meeting in 2021.
Article 1 – paragraph 1 – point 4, Article 35a – paragraph 1: 1. It shall be prohibited to retain onboard, tranship, land or store any part or whole carcass of species of reef manta ray (Manta alfredi), giant manta (Manta birostris), lesser devil ray (Mobula hypostoma), spinetail mobula (Mobula japanica), devil fish (Mobula mobular), chilean devil ray (Mobula tarapacana) or smoothtail mobula (Mobula thurstoni), hereafter referred to as mobulid rays and caught in association with ICCAT fisheries.
(14) The IOTC subsequently adopted, at its 2022, 2023 and 2024 annual meetings and 6th special session, measures for the conservation of fishery resources under its purview as regards the management of anchored and drifting fish aggregating devices, voluntary fishery closure, transhipments, conservation measures for cetaceans and seabirds, regional observer schemes, vessel monitoring plans, electronic monitoring standards and port inspections.
Regulation (EU) 2017/2107
(15) IOTC resolution 24/06 implemented a ban on discards of bigeye tuna, skipjack tuna, yellowfin tuna, and non-targeted species caught by vessels listed in the IOTC record of authorisation that operate in the IOTC area of competence. Union fishing vessels using gear types other than those used by purse seine vessels were encouraged to retain on board and then land all fish fit for human consumption, and to take all reasonable steps to ensure the safe release of non-targeted species taken alive, to the extent possible, while taking into consideration the safety of the crew; and to retain on board and then land all dead non-targeted species, except those considered unfit for human consumption or those the retention of which is prohibited.
Article 1 – paragraph 1 – point 4, Article 35a – paragraph 3: 3. Member States shall ensure that their domestic observer programmes record the number of discards and releases of mobulid rays caught in ICCAT fisheries and, where possible, an indication of status (dead or alive). Member States shall report them to the Commission. The Commission shall report these data to the ICCAT secretariat.
(16) Those measures, stemming from ICCAT, the SPRFMO, NAFO, the IATTC, the WCPFC and the IOTC, are binding on the Union. They should therefore be implemented into Union law, except where such measures are already fully addressed and covered by existing Union legislation. Regulations (EU) 2017/2107, (EU) 2018/975, (EU) 2019/833, (EU) 2021/56, (EU) 2022/2056, (EU) 2022/2343 and (EU) 2023/2053 should therefore be amended accordingly.
Regulation (EU) 2017/2107
(17) It is necessary to ensure that the recommendations adopted by the various regional fisheries management organisations (RFMOs) are fully implemented into Union law in a timely manner, thereby enabling the Union to fulfil its international obligations as a reliable international partner, and to ensure their uniform and effective implementation within the Union, providing clarity and predictability to operators of Union fishing vessels.
Article 1 – paragraph 1 – point 4, Article 35a – paragraph 4: 4. In the case of mobulid rays that are unintentionally caught and frozen as part of a purse seine vessel’s operation, Union catching vessels shall surrender the whole mobulid ray to the competent authorities, or discard them at the point of landing. Mobulid rays surrendered in this manner may not be sold or bartered but may be donated for purposes of domestic human consumption.
(18) It is imperative for the Union to consider carefully the need to balance the three pillars of sustainability when negotiating international agreements such as conservation and management measures adopted by RFMOs. Such measures are to be based on the best available scientific advice and comply with Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council.
Regulation (EU) 2017/2107
(19) Certain SPRFMO, NAFO, IATTC, IOTC and ICCAT provisions are being amended more frequently, and are likely to be amended at future annual meetings of those RFMOs. In order to implement swiftly into Union law such future amendments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission as follows: (i) with regard to SPRFMO, to amend Regulation (EU) 2018/975 in respect of time limits, distance to the encounter area, distances relating to transhipment notification, data and information requirements, and the provision of record of vessel information; (ii) with regard to NAFO, to amend Regulation (EU) 2019/833 in respect of measures relating to Member State duties relating to the submission of information on changes in by-catch retained, closure periods, observer qualifications, duties and training, observer data validations, observer safety equipment, rights and duties of Union vessel operators and masters, and procedures in the event of an emergency; (iii) with regard to conservation and enforcement measures adopted by NAFO, to amend Regulation (EU) 2019/833 in respect of closure periods, catch retention on board, duties of the master relating to abandoned gear, its retrieval, derogations from the observer programme, and reference to the vessel sighting document to be used by Member States; (iv) with regard to the IATTC, to amend Regulation (EU) 2021/56 in respect of measures relating to IATTC references to guidelines for the safe release of sharks, and the standard questionnaire on compliance to be filled in by Member States; (v) with regard to the IOTC, to amend Regulation (EU) 2022/2343 in respect of measures relating to IOTC FADs reporting obligations; and (vi) with regard to ICCAT, to amend Regulation (EU) 2023/2053 in respect of deadlines for reporting information, time periods for fishing seasons, percentage and reference points, and the information to be submitted to the Commission.
Article 1 – paragraph 1 – point 5, Article 41 – paragraph 7: (a) paragraphs 2a, 4 and 5 shall not apply to vessels operating only North of 55°N or South of 35°S latitude in the eastern South Atlantic and South of 40°S latitude in the western South Atlantic; / (b) the limit for the division between the eastern South Atlantic and the western South Atlantic is 20°W.
(20) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Regulation (EU) 2017/2107
(21) It should be clarified that data processed in the framework of the Regulations amended by this Regulation are to be treated in accordance with the relevant rules on the protection of personal data and confidentiality as referred to in Articles 112 and 113 of Council Regulation (EC) No 1224/2009. In order to ensure the fulfilment of obligations under Regulations (EU) 2017/2107, (EU) 2018/975, (EU) 2019/833, (EU) 2021/56, (EU) 2022/2056, (EU) 2022/2343, and (EU) 2023/2053, as amended, the personal data should be stored for a period of up to 10 years. In the event that the personal data in question are needed in order to follow up an infringement, inspections or judicial or administrative procedures, it should be possible for those data to be stored for a period exceeding 10 years, but no longer than 20 years.
Article 1 – paragraph 1 – point 6, Article 66a – paragraph 3: 3. When a vessel is sighted pursuant to paragraph 1, the Member State concerned or the European Fisheries Control Agency (EFCA) (the ‘sighting entity’) shall record findings and transmit a report without delay, if possible by electronic means, to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, with copy to the ICCAT secretariat, the Commission and, when appropriate, EFCA. If the sighted vessel is flagged to a Member State, the flag Member State shall, without undue delay, take appropriate action with respect to the vessel concerned; both the sighting entity and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and, when appropriate, EFCA, including details of any follow-up action taken.
HAVE ADOPTED THIS REGULATION:
Article 1 Amendments to Regulation (EU) 2017/2107
Article 1 – paragraph 1 – point 6 a (new), Article 72: (6a) Article 72 is replaced by the following: / “Article 72 / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725** of the European Parliament and of the Council. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the fre…
Regulation (EU) 2017/2107 is amended as follows:
Regulation (EU) 2018/975
(1) in Title II, the title of Chapter V is replaced by the following: ‘Elasmobranchs’;
Article 2 – paragraph 1 – point 1 – point a, Article 4 – point 7: (a) point (7) is replaced by the following: / (7) ‘bottom fishing’ means fishing using any gear type likely to come in contact with the seafloor or benthic organisms during the normal course of operations including bottom trawl fishing, mid-water trawl fishing and bottom line fishing;
(2) the following article is inserted:
Regulation (EU) 2018/975
‘Article 30a Whale sharks (Rhincodon typus)
Article 2 – paragraph 1 – point 1 – point b, Article 4 – points 7a, 7b and 7c: (7a) ‘bottom trawl fishing’ means fishing using a trawl net that is designed to be pulled through the water and to come into contact with the seabed; / (7b) ‘mid-water trawl fishing’ means fishing for bentho-pelagic species using a trawl net that is designed to be pulled through the water near the seabed and designed not to come into extended contact with the seabed; / (7c) ‘bottom line fishing” means fishing using a line to which a hook or hooks (whether baited or not) are attached and rigged to sink and fish on or near the seabed including, but not limited to, longlines, hand lines, drop lines, trot lines, and dahn lines;
1. It shall be prohibited to:
Regulation (EU) 2018/975
(a) retain on board, tranship, or land, any part or whole of the carcass of whale sharks caught in association with ICCAT fisheries;
Article 2 – paragraph 1 – point 1 – point c, Article 4 – point 11 – point a: (a) has not been subject to fishing in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in live weight of the total catch in any given haul, tow or set; or
(b) set a purse seine on a school of tuna associated with a whale shark after sighting of the shark concerned.
Regulation (EU) 2018/975
2. Masters of Union fishing vessels shall take all reasonable steps to ensure the safe release of whale sharks that are incidentally encircled in the purse seine net ▌ .
Article 2 – paragraph 1 – point 1 – point c, Article 4 – point 11 – point b: (b) for the purposes of fishing with a particular gear type or technique, has not been subject to fishing by that particular gear type or technique in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in live weight of the total catch in any given haul, tow or set; or
3. Member States shall ensure that ▌ during purse seine operations ▌ their domestic observer programmes record interactions with whale sharks referred to in paragraphs 1 and 2, and that the following information is collected:
Regulation (EU) 2018/975
(a) details of the circumstances leading to and relating to encirclement;
Article 2 – paragraph 1 – point 1 – point c, Article 4 – point 11 – point d: (d) constitutes bottom fishing activities in accordance with the conditions laid down in Article 12(2); or
(b) the number of individuals involved during the interaction;
Regulation (EU) 2018/975
(c) the geographical position of the interaction;
Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 20: (20) ‘SPRFMO register of authorised inspection vessels and authorities of the inspection vessel’ means the list of inspection vessels and authorities authorised to conduct boarding and inspection in the SPRFMO Convention Area, as notified by the Commission or EFCA, Contracting Parties and CNCPs, which is maintained by the SPRFMO Secretariat. Member States shall communicate to the Commission or EFCA their inspection vessels and authorities authorised to board an inspect in the SPRFMO Convention Area;
(d) the steps taken to ensure the safe handling and release of the specimens encircled in the purse seine;
The following amendment will substitute amendment 18.
(e) an assessment of the life status of the whale shark specimen(s) upon release (alive/dead/moribund/uncertain).
Regulation (EU) 2018/975
4. Member States shall report ▌ to the Commission, in accordance with ICCAT data reporting requirements, the data and information collected under paragraph 3 in their annual reports. The Commission shall report those data to the ICCAT Secretariat.
Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 21: (21) ‘authorities of the inspection vessel’ means the authorities of the SPRFMO Contracting Party or Member State under whose flag the inspection vessel is flying;
5. Paragraphs 1 to 4 shall apply exclusively to fishing vessels operating between 40°N and 40°S.’;
Regulation (EU) 2018/975
(3) in Article 33a, the following paragraphs are added:
Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 25: (25) ‘lost fishing gear’ means fishing gear over which the vessel has accidentally lost control and which cannot be located and/or retrieved;
‘6. Union fishing vessels that are greater than 12 metres in length overall ▌ shall be allowed to retain South Atlantic shortfin mako sharks only when the fish is dead on haul-back, and the vessel has an observer or a functioning electronic monitoring system (EMS) on board to verify the condition of the sharks.
Regulation (EU) 2018/975
7. In addition to the conditions set out in paragraph 6, for Union fishing vessels equal to or less than 12 metres in length overall, no more than one specimen of South Atlantic shortfin mako shark shall be retained by a vessel for any fishing trip.’;
Article 2 – paragraph 1 – point 1 – point d, Article 4 – point 26: (26) ‘discarded fishing gear’ means fishing gear released at sea without any attempt by the vessel to control or recover it; and
(4) the following article is inserted:
Regulation (EU) 2018/975
‘Article 35a Mobulid rays
Article 2 – paragraph 1 – point 2 – point a, Article 7 – paragraph 1c: 1c. For the first 15-day report to be submitted, Member States shall report their catches to the Commission within 15 days of the end of the first period. The Commission shall transmit that information to the SPRFMO Secretariat within 20 days of the end of that period. For the subsequent 15-day periods, the Member States shall report their catches to the Commission within 5 days of the end of each period. The Commission shall transmit that information to the SPRFMO Secretariat within 10 days of the end of each period.
1. It shall be prohibited to retain onboard, tranship, land or store any part or whole carcass of species of reef manta ray (Manta alfredi), giant manta (Manta birostris), lesser devil ray (Mobula hypostoma), spinetail mobula (Mobula japanica), devil fish (Mobula mobular), Chilean devil ray (Mobula tarapacana) or smoothtail mobula (Mobula thurstoni), hereafter referred to as mobulid rays, caught in association with ICCAT fisheries ▌ .
Regulation (EU) 2018/975
2. Union catching vessels shall promptly release unharmed, to the extent practicable, mobulid rays as soon as they are seen in the net, on the hook or on the vessel, in a manner that will result in the least possible harm to the individual specimen.
Article 2 – paragraph 1 – point 3, Article 12 – paragraph 1 – point a: (a) bottom trawl fishing may only take place in a bottom trawl fishing management area;
3. Member States shall ensure that their domestic observer programmes record the number of discards and releases of mobulid rays caught in ICCAT fisheries and, where possible, an indication of their status (dead or alive). Member States shall report that information to the Commission. The Commission shall report those data to the ICCAT secretariat.
Regulation (EU) 2018/975
4. In the case of mobulid rays that are unintentionally caught and frozen as part of a purse seine vessel’s operation, Union catching vessels shall surrender the whole mobulid ray to the competent authorities ▌ , or discard it at the point of landing. Mobulid rays so surrendered shall not be sold or bartered, but may be donated for purposes of domestic human consumption.’;
Article 2 – paragraph 1 – point 3, Article 12 – paragraph 1 – point b: (b) mid-water trawl fishing may only take place in a mid-water trawl fishing management area or a bottom trawl fishing management area; and
(5) in Article 41, the following paragraph is added:
Regulation (EU) 2018/975
‘7. In the South Atlantic:
Article 2 – paragraph 1 – point 3, Article 12 – paragraph 1 – point c: (c) bottom line fishing may only take place in a bottom line fishing management area.
(a) paragraphs 2a, 4 and 5 shall neither apply to vessels operating only North of 55°N or only South of 35°S latitude in the eastern South Atlantic, nor to vessels operating only South of 40° S latitude in the western South Atlantic;
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(b) the limit for the division between the eastern South Atlantic and the western South Atlantic is 20°W.’;
Article 2 – paragraph 1 – point 3, Article 12 – paragraph 2 – point b: (b) inside a management area using bottom fishing methods other than bottom trawl fishing, mid-water trawl fishing or bottom line fishing; or
(6) in Article 66a, paragraph 3 is replaced by the following:
Regulation (EU) 2018/975
‘3. When a vessel is sighted pursuant to paragraph 1, the Member State concerned or the European Fisheries Control Agency (EFCA) (the “sighting entity”) shall record findings and transmit a report without delay, if possible by electronic means, to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, with copy to the ICCAT secretariat, the Commission and EFCA. If the sighted vessel is flagged to a Member State, the flag Member state shall, without undue delay, take appropriate action with respect to the vessel concerned. Both the sighting entity and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and EFCA, including details of any follow-up action taken.’;
Article 2 – paragraph 1 – point 3, Article 12 – paragraph 2 – point d: (d) inside a management area where the species targeted has not previously been targeted, unless the species has regularly been caught as part of an existing fishery.
(7) Article 72 is replaced by the following:
Regulation (EU) 2018/975
‘Article 72 Confidentiality and data protection
Article 2 – paragraph 1 – point 3, Article 13 – paragraph 5: 5. Member States shall ensure that impact assessments referred to in paragraph 2 are updated at least every 3 years. When a substantial change in the fishery has occurred that is likely to affect the level of risk or impact of the fishing, Member States shall transmit that information to the Commission as soon as it becomes available. The Commission shall forward that information to the SPRFMO Secretariat.
1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.
Regulation (EU) 2018/975
2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures as laid down by this Regulation, including any enquiries pertaining to complaints and infringements, and judicial or administrative procedures relating thereto.
Article 2 – paragraph 1 – point 3, Article 14 – paragraph 1: 1. Where VME indicator taxa as set out in Annex XVI are encountered in any one tow at or above the weight thresholds in Annex XVII, or three or more different VME indicator taxa at or above the weight thresholds in Annex XVIII, fishing vessels shall cease bottom fishing immediately within an encounter area of 1 nautical mile either side of the trawl track extended by 1 nautical mile at each end.
3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’.
Article 2 Amendments to Regulation (EU) 2018/975
Article 2 – paragraph 1 – point 3, Article 14 – paragraph 2: 2. Fishing vessels shall report encounters with VMEs to the flag Member State on the basis of the guidelines set out in Annex IV including a detailed description of the encounter. The flag Member State shall carry out a comparison of the encounter with the existing model prediction, and suggested management actions to prevent significant adverse impacts on VMEs, in order to verify whether a VME is likely to be present at the encounter area and/or the surrounding area, whether a significant adverse impact has occurred, and the risk of a significant adverse impact occurring in the future. The Member State shall transmit those reports to the Commission without delay. The Commission shall forward that information to the SPRFMO Secretariat without delay.
Regulation (EU) 2018/975 is amended as follows:
Regulation (EU) 2018/975
(1) Article 4 is amended as follows:
Article 2 – paragraph 1 – point 3, Article 14 – paragraph 3: 3. The Commission shall inform Member States of any VME encounters notified by other Member States, SPRFMO Contracting Parties or CNCPs to the SPRFMO Secretariat.
(a) point (7) ▌ is replaced by the following:
Regulation (EU) 2018/975
‘(7) “bottom fishing” means fishing using any gear type likely to come in contact with the seafloor or benthic organisms during the normal course of operations including bottom trawl, mid-water trawl and bottom line;’;
Article 2 – paragraph 1 – point 3, Article 14 – paragraph 4: 4. Member States shall transmit the information referred to in paragraphs 2 and 3 to fishing vessels flying their flag authorised to operate in the SPRFMO Convention Area. Fishing vessels shall be prohibited from carrying out bottom fishing activities in VME encounter areas notified under paragraphs 2 and 3 unless and until the SPRFMO Commission determines management actions that would permit the resumption of bottom fishing activities in the area.
(b) the following points are inserted:
Regulation (EU) 2018/975
‘(7a) ▌ “bottom trawl fishing” means fishing using a trawl net that is designed to be pulled through the water and to come into contact with the seabed;
Article 2 – paragraph 1 – point 3, Article 15 – paragraph 1: Fishing vessels that engage in bottom fishing shall be required to have the minimum scientific observer coverage levels set out in Annex XIX.
(7b) ▌ “mid-water trawl fishing” means fishing for benthopelagic species using a trawl net that is designed to be pulled through the water near the seabed and designed not to come into extended contact with the seabed;
Regulation (EU) 2018/975
(7c) ▌ “bottom line fishing” means fishing using a line to which a hook or hooks (whether baited or not) are attached and which is rigged to sink and fish on or near the seabed including, longlines, hand lines, drop lines, trot lines, and dahn lines;’;
Article 2 – paragraph 1 – point 3, Article 16 – paragraph 1: 1. By the 15th day of each month, Member States shall report to the Commission, or the body designated by it, catches of bottom fishing species from the preceding month in accordance with Article 33 of Regulation (EC) No 1224/2009.
(c) point (11) is replaced by the following:
Regulation (EU) 2018/975
‘(11) “exploratory fishery” means a fishery that:
Article 2 – paragraph 1 – point 3, Article 16 – paragraph 2: 2. Fishing vessels shall be prohibited from participating in bottom fishing activities if the minimum required data regarding fishing vessel identification set out in Annex V have not been provided.
(a) has not been subject to fishing in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in green weight of the total catch in any given haul, tow or set;
Regulation (EU) 2018/975
(b) for the purposes of fishing with a particular gear type or technique, has not been subject to fishing by that particular gear type or technique in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in green weight of the total catch in any given haul, tow or set;
Article 2 – paragraph 1 – point 4, Article 17 – paragraph 1 – introductory part: 1. Member States intending to authorise a fishing vessel flying their flag to fish in an exploratory fishery shall submit to the Commission the following documentation:
(c) has been undertaken as an exploratory fishery in the previous 10 years and a decision has not yet been taken by the SPRFMO Commission to either close or manage the fishery as an established fishery;
Regulation (EU) 2018/975
(d) constitutes bottom fishing activities in accordance with the conditions laid down in Article 12(2); or
Article 2 – paragraph 1 – point 4, Article 17 – paragraph 1 – point a: (a) no later than 130 days in advance of the SPRFMO Scientific Committee meeting, a succinct description of their intended Fisheries Operation Plan for information purposes, using the template for succinct description of Fisheries Operation Plan15. The Commission shall forward this information to the SPRFMO Secretariat not later than 120 days in advance of the SPRFMO Scientific Committee meeting. / 15 Available here: https://www.sprfmo.int/fisheries/conservation-and-management-measures/cmm-13-exploratory-fisheries/fisheries-operation-plans
(e) has not been reviewed or subjected to scientific monitoring by the Scientific Committee, and the Scientific Committee has not issued harvest advice for the fishing in question or, if the Scientific Committee has issued such harvest advice, the SPRFMO Commission has not considered it;
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for the purpose of exploratory fisheries, “green weight” is the weight of the whole fish at the time of capture, before any processing, modification, or removal of any part, such as heading, gutting, drying, or freezing;’;
Article 2 – paragraph 1 – point 4, Article 17 – paragraph 1 – point b – introductory part: (b) no later than 80 days in advance of the SPRFMO Scientific Committee meeting, a copy of the following documentation:
(d) the following points are added:
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‘(19) “fishing entity” means any entity referred to in Article 305(1), points (c), (d) and (e), of UNCLOS that has expressed its firm commitment to abide by the terms of the SPRFMO Convention and complies with any conservation and management measures adopted pursuant to it, as provided for in Annex IV to the SPRFMO Convention;
Article 2 – paragraph 1 – point 4, Article 17 – paragraph 2: 2. The Commission shall forward the request to the SPRFMO Commission, and the Fisheries Operation Plan to the SPRFMO Scientific Committee, no later than 60 days in advance of the SPRFMO Scientific Committee meeting
(20) “SPRFMO register of authorised inspection vessels and authorities of the inspection vessel” means the list of inspection vessels and authorities authorised to conduct boarding and inspection in the SPRFMO Convention Area, as notified by the Commission or EFCA, Contracting Parties and CNCPs, which is maintained by the SPRFMO Secretariat;
Regulation (EU) 2018/975
(21) “authorities of the inspection vessel” means the authorities of the Contracting Party under whose flag the inspection vessel is flying;
Article 2 – paragraph 1 – point 4, Article 17 – paragraph 3: 3. The Commission shall inform the Member State concerned of the SPRFMO decision regarding the authorisation to fish in an exploratory fishery. The Member State shall issue the authorisation to the fishing vessel flying its flag to fish in an exploratory fishery in accordance with the adopted Fisheries Operation Plan.
(22) “authorised inspection vessel” means any vessel included in the SPRFMO register of authorised inspection vessels and authorities of the inspection vessel;
Regulation (EU) 2018/975
(23) “authorised inspector” means an inspector trained and designated by the authorities responsible for boarding and inspection included in the SPRFMO register of authorised inspection vessels and authorities of the inspection vessel;
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – introductory part: 1. Fishing vessels intending to transit the SPRFMO Convention Area with gillnets on board shall:
(24) “abandoned fishing gear” means fishing gear deliberately left at sea by the vessel due to force majeure or other unforeseen reasons;
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(25) “lost fishing gear” means fishing gear over which the vessel has accidentally lost control and which cannot be located and/or retrieved;
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – point a: (a) give at least 72 hours advance notice to the flag Member State, including the expected location, dates and times of entry and exit as well as the length of gillnet carried on board. The flag Member State shall without delay inform the SPRFMO Secretariat and the Commission, or the body designated by it, prior to the vessel entering the SPRFMO Convention Area;
(26) “discarded fishing gear” means fishing gear released at sea without any attempt by the vessel to further control or recover it;
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(27) “plastic” means a solid material which contains as an essential ingredient one or more high molecular mass polymers, and which is formed (shaped) during either manufacture of the polymer or the fabrication into a finished product by heat and/or pressure.’;
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – point b: (b) ensure operational VMS, and reporting at least once every hour while in the SPRFMO Convention Area;
(2) Article 7 is amended as follows:
Regulation (EU) 2018/975
(a) the following paragraphs are inserted:
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – point c: deleted
‘1a. The Commission shall notify Member States when total catches have reached 70 % of the limit agreed by the SPRFMO Commission for the stock throughout the range of its distribution.
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1b. Notwithstanding paragraph 1, following the notification referred to in paragraph 1a, Member States shall implement 15-day reporting periods. For this purpose, the calendar month shall be divided into two reporting periods, with the first period running from day 1 to day 15, and the second period from day 16 to the end of the month.
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – point c a (new): (ca) report the date, time, position, and length (in metres) of gillnets accidentally lost or abandoned to the flag Member State as soon as possible and in any event within 48 hours of the gear being lost or abandoned; the flag Member State shall transmit the information to the SPRFMO Secretariat, the Commission, or the body designated by it without delay.
1c. For the first 15-day report to be submitted, Member States shall report their catches to the Commission within 15 days of the end of the first period. The Commission shall transmit that information to the SPRFMO Secretariat within 20 days of the end of that period. For the subsequent 15-day periods, the Member States shall ▌ report their catches to the Commission within 5 days of the end of each period. The Commission shall transmit that information to the SPRFMO Secretariat within 10 days of the end of each period.’;
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(3) the following article is inserted in Chapter I of Title III:
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – point d: deleted
‘Article 11a Bottom fishing management areas
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1. Bottom fishing in the SPRFMO Convention Area under this Chapter shall take place only in the bottom trawl, mid-water trawl, and bottom line fishing management areas set out in Annex XIV. In those areas:
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 – point e: deleted
(a) bottom trawl fishing shall ▌ only take place in a bottom trawl fishing management area;
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(b) mid-water trawl fishing shall ▌ only take place in a mid-water trawl fishing management area or a bottom trawl fishing management area; and
Article 2 – paragraph 1 – point 5, Article 21 – paragraph 1 a (new): 1a. Member States of fishing vessels flying their flag and transiting in the SPRFMO Convention Area with gillnets on board shall ensure that their FMC automatically forwards the VMS reports referred to in paragraph 1, point (b), to the SPRFMO Secretariat at least once every hour.
(c) bottom line fishing shall ▌ only take place in a bottom line fishing management area.
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2. Notwithstanding paragraph 1 of this Article, bottom fishing activities in the SPRFMO Convention area shall take place under the provisions set out in Chapter II for exploratory fisheries if they occur:
Article 2 – paragraph 1 – point 7 – point c, Article 23 – paragraph 5: 5. Union fishing vessels shall be prohibited from operating as both an unloading fishing vessel and a receiving fishing vessel during the same trip, except in the case of a force majeure event beyond the control of the vessel. A force majeure event shall include serious mechanical breakdown or other events that threaten the safety of the crew or result in a significant financial loss through fish spoilage. In such cases, the fishing vessels shall notify the flag Member States of the transhipment and the circumstances giving rise to the force majeure within one working day of the completion of the transhipment. The flag Member States shall immediately transmit all the information received to the SPRFMO Secretariat and to the Commission, or the body designated by it.
(a) outside a management area;
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(b) inside a management area using bottom fishing methods other than bottom trawl, mid-water trawl or bottom longline fishing;
Article 2 – paragraph 1 – point 7 – point c, Article 23 – paragraph 6: 6. By 15 January each year, Member States shall report to the Commission the list of fishing vessels flying their flag that actively fished or engaged in transhipment for species other than jack mackerel in the SPRFMO Convention Area in the preceding year. The Commission shall transmit that information to the SPRFMO Secretariat by 30 January each year.
(c) in a mid-water trawl management area using bottom trawl gear or in a bottom line management area using bottom trawl or mid-water trawl gear; or
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(d) inside a management area where the species targeted has not previously been targeted, unless the species has regularly been caught as part of an existing fishery.’;
Article 2 – paragraph 1 – point 8, Article 24 – paragraph 1: 1. In the case of transhipment of fishery resources caught in the SPRFMO Convention Area, the flag Member State of the receiving fishing vessel shall simultaneously transmit to the Commission, or the body designated by it, and the SPRFMO Secretariat, at least 36 hours in advance of the estimated start time of such transhipment, the SPRFMO advanced transhipment notification in accordance with Annex VII.
(4) Article 12 is replaced by the following:
Regulation (EU) 2018/975
‘Article 12 Bottom fishing authorisation
Article 2 – paragraph 1 – point 8, Article 24 – paragraph 2: 2. If the transhipment referred to in paragraph 1 does not start within 72 hours from the notified estimated start time of transhipment or within 50 nautical miles of the estimated location notified in the advanced transhipment notification, the flag Member State of the receiving fishing vessel shall simultaneously notify the Commission, or the body designated by it, and the SPRFMO Secretariat of the modified SPRFMO advanced transhipment notification information in accordance with Annex VII as soon as possible, and no later than 24 hours from the actual start time of transhipment.
1. Member States shall not authorise fishing vessels flying their flag to engage in bottom fishing without prior authorisation from the SPRFMO.
Regulation (EU) 2018/975
2. Member States whose vessels intend to engage in bottom fishing activities in the bottom fishing management areas set out in Annex XIV shall submit a request for authorisation to the Commission not later than 75 days before the SPRFMO Scientific Committee meeting at which they wish the request to be considered. The Commission shall forward the request to the SPRFMO Secretariat not later than 60 days before the SPRFMO Scientific Committee meeting. The request shall contain a bottom fishing impact assessment of the proposed fishing activities.
Article 2 – paragraph 1 – point 8, Article 24 – paragraph 3: 3. If a notified transhipment does not occur, the flag Member State of the receiving fishing vessel shall simultaneously notify the Commission, or the body designated by it, and the SPRFMO Secretariat as soon as possible but no later than five working days after the notified time of the transhipment.
3. The impact assessment referred to in paragraph 2 of this Article shall be carried out in accordance with the SPRFMO Bottom Fishery Impact Assessment Standard with the best available data and shall be prepared at a scale no coarser than the fishery management areas set out in Annex XV, taking into account the history of bottom fishing in the areas proposed and the cumulative impacts of past and proposed fishing, including any potential significant adverse impacts on VMEs, and shall include proposed mitigation measures to prevent such impacts.
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4. The Commission shall inform the relevant Member State of the SPRFMO decision regarding the authorisation to engage in bottom fishing in the SPRFMO Convention Area for the purpose of which the impact assessment was conducted, including any attached conditions and relevant measures to prevent significant adverse impacts on VMEs.
Article 2 – paragraph 1 – point 9, Article 24a – paragraph 1: If a receiving Union fishing vessel engages in more than one transhipment, it shall store the catch from each transhipment separately so that it is readily identifiable. The receiving Union fishing vessel shall have a stowage plan available on board that provides for this separation of catch from different unloading fishing vessels.
5. Member States shall ensure that impact assessments referred to in paragraph 2 are updated at least every three years and when a substantial change in the fishery has occurred that is likely to affect the level of risk or impact of the fishing. Member States shall transmit that information to the Commission as soon as it becomes available. The Commission shall forward that information to the SPRFMO Secretariat. ▌’;
Regulation (EU) 2018/975
(5) Article 13 is deleted;
Article 2 – paragraph 1 – point 10, Article 25 – paragraph 6: 6. The Member State to which the receiving Union fishing vessel is flagged shall submit the observer data of the SPRFMO observer transhipment log sheet to the Commission, or the body designated by it, electronically no later than 25 days from debarkation of the observer. The Commission, or the body designated by it, shall forward this information to the SPRFMO Secretariat electronically no later than 30 days from debarkation of the observer.
(6) Articles 14, 15 and 16 are replaced by the following:
Regulation (EU) 2018/975
‘Article 14 VMEs in bottom fishing
Article 2 – paragraph 1 – point 11, Article 26 – paragraph 1: 1. Receiving fishing vessels that engage in transhipment shall prepare a SPRFMO transhipment declaration in accordance with Annex IX and shall submit the declaration to its flag Member State no later than the 5th day of the month following that in which the transhipment is completed. The flag Member State shall submit the declaration to the Commission, or the body designated by it, no later than the 10th day of the month following that in which the transhipment is completed. The Commission, or the body designated by it, shall transmit this information to the SPRFMO Secretariat no later than the 15th day of the month following that in which the transhipment is completed.
1. Where VME indicator taxa as set out in Annex XVI are encountered in any one tow at or above the weight thresholds in Annex XVII, or three or more different VME indicator taxa at or above the weight thresholds in Annex XVIII, ▌ fishing vessels shall immediately cease bottom fishing within an encounter area of 1 nautical mile either side of the trawl track extended by 1 nautical mile at each end.
Regulation (EU) 2018/975
2. Fishing vessels shall report encounters with VMEs to the flag Member State on the basis of the guidelines set out in Annex IV including a detailed description of the encounter. The flag Member State shall carry out a comparison of the encounter with the existing model prediction, and of suggested management actions to prevent significant adverse impacts on VMEs, in order to verify whether a VME is likely to be present at the encounter area and/or the surrounding area, whether a significant adverse impact has occurred, and the risk of a significant adverse impact occurring in the future. The Member State shall transmit that information to the Commission without delay. The Commission shall forward that information to the SPRFMO Secretariat without delay.
Article 2 – paragraph 1 – point 11, Article 26 – paragraph 2: 2. Receiving fishing vessels that engage in transhipment shall retain a copy of the SPRFMO transhipment declaration on the vessel for the duration of the fishing trip and to provide it as required to any authorized inspector.
3. The Commission shall inform Member States of any VME encounters notified by other SPRFMO Contracting Parties or CNCPs to the SPRFMO Secretariat.
Regulation (EU) 2018/975
4. Member States shall ensure that fishing vessels flying their flag do not engage in bottom fishing in VME encounter areas notified under paragraphs 2 and 3 unless and until such time as the SPRFMO Commission determines management actions that would permit the resumption of bottom fishing activities in the area.
Article 2 – paragraph 1 – point 13, Article 28 – paragraph 6: 6. Member States intending to deploy observers from the observer programme of another Member State, SPRFMO Contracting Party or CNCP shall inform the Commission before such deployment. Those Member States shall seek the consent of the respective Member State, SPRFMO Contracting Party or CNCP before informing the Commission.
Article 15 Observer coverage in bottom fishing
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Member States shall ensure that fishing vessels flying their flag that engage in bottom fishing implement the minimum scientific observer coverage levels set out in Annex XIX. ▌
Article 2 – paragraph 1 – point 13, Article 28 – paragraph 7: 7. Union scientific research vessels fishing for research purposes shall be exempted from the obligation to carry accredited observers on board, except if they are engaged in an exploratory fishery. The flag Member States of scientific research vessels fishing for research purposes, and not engaged in an exploratory fishery, shall comply with the data collection and reporting requirements of Annex X and Article 28a and shall ensure that scientific personnel on board possess the capacity to perform in full all the observation and reporting responsibilities contained in those requirements.
Article 16 Data reporting for bottom fishing
Regulation (EU) 2018/975
1. By the 15th day of each month, Member States shall report to the Commission on the catches of bottom fishing species from the preceding month, in accordance with Article 33 of Regulation (EC) No 1224/2009.
Article 2 – paragraph 1 – point 13, Article 28c – paragraph 1: 1. Member States shall ensure that their observer programmes and service providers only deploy independent and impartial observers. This means that neither the observer programme or service provider, as the case requires, nor the individual observers, have a direct financial interest, ownership or business links with vessels, processors, agents and retailers involved in the catching, taking, harvesting, transporting, processing or selling of fish or fish products covered by the SPRFMO Convention.
2. Member States shall prohibit fishing vessels flying their flag from participating in bottom fishing if the minimum required data regarding fishing vessel identification set out in Annex V have not been provided.
Regulation (EU) 2018/975
3. By derogation from Article 29(2), Member States shall ensure that their fisheries monitoring centres (FMCs) automatically and continuously report the vessel monitoring system (VMS) data of fishing vessels flying their flag engaged in bottom fishing in the SPRFMO Convention Area to the SPRFMO Secretariat at least once every 30 minutes for the duration of each fishing trip, with a fishing trip commencing from the time the vessel departs from port, including all times that it is in the SPRFMO Convention Area, and concluding once it enters port.’;
Article 2 – paragraph 1 – point 13, Article 28c – paragraph 2 – introductory part: 2. The Member States shall ensure that their observer programmes and service providers, and the individual observers do not:
(7) Article 17 is replaced by the following:
Regulation (EU) 2018/975
‘Article 17 Exploratory fisheries authorisation
Article 2 – paragraph 1 – point 13, Article 28c – paragraph 2 – point b: (b) solicit or accept, directly or indirectly, any gratuity, gift, favour, entertainment, inordinate accommodation, loan or anything of monetary value from anyone who either conducts activities that are regulated by a SPRFMO Contracting Party or CNCP connected with its services or SPRFMO, or has interests that may be substantially affected by the performance or non-performance of the observer’s official duties;
1. Member States intending to authorise a fishing vessel flying their flag to fish in an exploratory fishery shall submit to the Commission the following documentation ▌:
Regulation (EU) 2018/975
(a) no later than 130 days in advance of the SPRFMO Scientific Committee meeting, a succinct description of their intended Fisheries Operation Plan for information purposes, using the template for succinct description of Fisheries Operation Plan . The Commission shall forward that information to the SPRFMO Secretariat not later than 120 days in advance of the SPRFMO Scientific Committee meeting;
Article 2 – paragraph 1 – point 13, Article 28d – paragraph 1 – introductory part: Member States shall ensure that observers that are recruited into their observer programme or deployed by their service providers have:
(b) no later than 80 days in advance of the SPRFMO Scientific Committee meeting, a copy of the following documentation:
Regulation (EU) 2018/975
(i) a request for authorisation providing the information contained in Annex V;
Article 2 – paragraph 1 – point 13, Article 28d – paragraph 1 – point b: (b) the ability to meet the observer duties described in this Section;
(ii) a Fisheries Operation Plan in accordance with Annex VI, including a commitment to comply with the SPRFMO Data Collection Plan referred to in Article 18(3), (4) and (5) of this Regulation.
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2. The Commission shall forward the request to the SPRFMO Commission, and the Fisheries Operation Plan to the SPRFMO Scientific Committee, no later than 60 days in advance of the SPRFMO Scientific Committee meeting.
Article 2 – paragraph 1 – point 13, Article 28e – paragraph 1 – point f: (f) species identification and record of species encountered at sea, including target and non-target species, protected species, seabirds, marine mammals, sea turtles, invertebrates indicating the presence of VMEs, etc.;
3. The Commission shall inform the Member State concerned of the SPRFMO decision regarding the authorisation to fish in an exploratory fishery.’;
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(8) Article 21 is replaced by the following:
Article 2 – paragraph 1 – point 13, Article 28j – paragraph 3: 3. Member States shall also ensure that their observer programmes or service providers seek, to the extent possible, to avoid deploying a single observer on multiple consecutive trips on the same vessel.
‘Article 21 Gillnets
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Member States whose vessels intend to transit the SPRFMO Convention Area with gillnets on board shall:
Article 2 – paragraph 1 – point 13, Article 28m – paragraph 1: Member States shall ensure that their observer programmes or service providers have in place an independent dispute resolution process fair to all parties that provides a process to resolve issues through appropriate means including facilitation and mediation.
(a) give at least 72 hours advance notice to the SPRFMO Secretariat and the Commission prior to the vessel entering the SPRFMO Convention Area, including the expected entry and exit dates and length of gillnet carried on board;
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(b) ensure that the vessels flying their flag operate VMS reporting at least once every hour while in the SPRFMO Convention Area;
Article 2 – paragraph 1 – point 13, Article 28n – paragraph 1: 1. Member States shall ensure that their observer programmes or service providers have in place procedures to support observers in their ability to carry out their duties unimpeded and in a safe working environment, including an established Emergency Action Plan (EAP). The EAP shall provide instructions on sending reports to the provider's designated 24-hour point(s) of contact to report unsafe conditions, including instances of harassment, intimidation, or assault.
(c) submit VMS position reports automatically to their FMC while transiting the SPRFMO Convention Area;
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(d) ensure that their FMC automatically forwards the VMS reports referred to in point (b) to the SPRFMO Secretariat at least once every hour; and
Article 2 – paragraph 1 – point 13, Article 28p – paragraph 1: 1. Member States shall ensure that observers on board fishing vessels flying their flag enjoy the rights set out in this provision and that a copy of those rights is provided to the crew of such vessels and is prominently displayed on board.
(e) if gillnets are accidentally lost or abandoned overboard, report the date, time, position, and length (metres) of gillnets lost to the SPRFMO Secretariat and the Commission as soon as possible and in any event within 48 hours of the gear being lost or abandoned.’;
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(9) Article 22 is amended as follows:
Article 2 – paragraph 1 – point 13, Article 28p – paragraph 2 – point e: (e) reasonable use of the communication equipment on board to communicate with the observer programme on land at any time, including in emergencies;
(a) paragraph 2 is replaced by the following:
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‘2. Member States shall inform the Commission of the fishing vessels flying their flag authorised to fish in the SPRFMO Convention Area and that have not previously been included in the SPRFMO record of vessels at least 20 days prior to the date of first entry of such vessels in the SPRFMO Convention Area for the purposes of fishing for SPRFMO fishery resources. The Commission shall transmit that information to the SPRFMO Secretariat at least 15 days prior to the date of first entry in the SPRFMO Convention Area.’;
Article 2 – paragraph 1 – point 13, Article 28p – paragraph 2 – point m: (m) the ability to communicate at any time the occurrence of safety issues to the vessel master, the authorities of the observer programme or service provider, the SPRFMO Secretariat, and flag Member State, as appropriate;
(b) the following paragraph is inserted:
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‘4a. For the purposes of paragraph 4, an authorisation entry in the SPRFMO record of vessels shall cease to be a valid entry when there is a change in any of the following details, and until the required information is updated:
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 1: 1. Member States shall ensure that, before boarding a fishing vessel, observers deployed by their observer programmes or service providers: / (a) carry complete and valid documents, including, when relevant, identification documents, passports, visas, and certificates of at sea security training; / (b) submit copies of the documents referred to in point (a) to the programme managers of the observer programme or service provider, as required.
(a) vessel flag;
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(b) international radio call sign (IRCS) (if any);
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – introductory part: 2. Member States shall ensure that observers deployed by their observer programmes or service providers on board fishing vessels:
(c) authorisation start date;
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(d) authorisation end date;
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point a: deleted
(e) UVI (Unique Vessel Identifier) / IMO number.’;
Moved to paragraph 1(a)
(10) Article 23 is amended as follows:
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(a) paragraphs 2 and 3 are replaced by the following:
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point b: deleted
‘2. Transhipments at sea and in port shall only be undertaken between authorised fishing vessels included in the SPRFMO record of vessels.
Moved to paragraph 1(b)
3. At-sea transfer of fuel, crew, gear or any other supplies in the SPRFMO Convention Area shall only be undertaken between authorised fishing vessels included in the SPRFMO record of vessels.’;
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(b) the following paragraphs are added:
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point c: (c) maintain independence and impartiality at all times while on duty;
’5. Union fishing vessels shall be prohibited from operating as both an unloading fishing vessel and a receiving fishing vessel during the same trip, except in the case of a force majeure event beyond the control of the vessel. A force majeure event shall include serious mechanical breakdown or other events that threaten the safety of the crew or result in a significant financial loss through fish spoilage. In such cases, the fishing vessels shall notify the flag Member States of the transhipment and of the circumstances giving rise to the force majeure. The flag Member States shall, within one working day of the completion of the transhipment, transmit all the information received to the SPRFMO Secretariat and to the Commission, or the body designated by it.
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6. By 15 January of each year, Member States shall report to the Commission the list of fishing vessels flying their flag that actively fished or engaged in transhipment for species other than jack mackerel in the SPRFMO Convention Area in the preceding year. The Commission shall transmit that information to the SPRFMO Secretariat by 30 January of each year.’;
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point d: (d) comply with the laws and regulations of the Member State whose flag the vessel is flying;
(11) Article 24 is replaced by the following:
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‘Article 24 Notification of transhipment
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point e: (e) respect the hierarchy and general rules of behaviour that apply to the vessel personnel;
1. In the case of transhipment of fishery resources caught in the SPRFMO Convention Area, the flag Member State of the receiving Union fishing vessel shall simultaneously transmit to the Commission and the SPRFMO Secretariat, at least 36 hours in advance of the estimated start time of such transhipment, the SPRFMO advanced transhipment notification in accordance with Annex VII. Such notification shall be required regardless of where the transhipment has taken place.
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2. If the transhipment referred to in paragraph 1 of this Article does not start within 72 hours from the notified estimated start time of transhipment or within 50 nautical miles of the estimated location notified in the advanced transhipment notification, the flag Member State of the receiving Union fishing vessel shall simultaneously notify the Commission and the SPRFMO Secretariat of the modified SPRFMO advanced transhipment notification information in accordance with Annex VII as soon as possible, and in any event no later than 24 hours after the actual start time of transhipment.
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point f: (f) perform duties in a manner that does not unduly interfere with the operations of the vessel and, while carrying out their functions, give due consideration to the operational requirements of the vessel and communicate regularly with the master of the vessel;
3. If a notified transhipment does not occur, the flag Member State of the receiving Union fishing vessel shall simultaneously notify the Commission and the SPRFMO Secretariat as soon as possible, but in any event no later than five working days after the notified time of the transhipment.’;
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(12) the following article is inserted:
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point g: (g) be familiar with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits, and participate regularly in emergency drills for which the observer has received training;
‘Article 24a Storage requirements for receiving Union fishing vessels
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If a receiving Union fishing vessel engages in more than one transhipment, it shall ▌ store the catch from each transhipment separately so that it is readily identifiable. The receiving Union fishing vessel shall have a stowage plan available on board that provides for such separation of catches from different unloading fishing vessels.’;
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point h: (h) communicate regularly with the vessel master on relevant observer issues and duties;
(13) Articles 25 and 26 are replaced by the following:
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‘Article 25 Monitoring of transhipment
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point i: (i) refrain from actions that could negatively affect the image of the observer programme or service provider;
1. Receiving Union fishing vessels that engage in transhipment at sea shall have an observer on board to monitor the transhipment and record the information in the required SPRFMO observer transhipment log sheet in accordance with Annex VIII.
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2. In addition to paragraph 1 of this Article, if an unloading Union fishing vessel has an observer onboard during a transhipment, that observer shall also monitor the transhipment and record the information in the required SPRFMO observer transhipment log sheet in accordance with Annex VIII.
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point j: (j) adhere to any required codes of conduct for observers, including any applicable laws and procedures;
3. A receiving Union fishing vessel shall engage in only one transhipment at a time for each observer that is available to monitor and report on the transhipment.
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4. For the purpose of verifying the quantity and species of the fishery resources being transhipped, and in order to ensure that proper verification can occur, the observer on board shall have full access to the observed Union fishing vessel, including crew, gear, equipment, records (including in electronic format), and fish holds.
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point k: (k) communicate as regularly as is required with the programme managers or observer programme coordinator on land;
5. The observer shall complete the SPRFMO observer transhipment log sheet in accordance with Annex VIII and provide that information electronically to the competent authorities of the flag Member State of the receiving Union fishing vessel no later than 15 days from debarkation.
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6. The flag Member State of the receiving Union fishing vessel shall submit the observer data of the SPRFMO observer transhipment log sheet to the Commission electronically no later than 25 days from debarkation of the observer. The Commission shall forward that information to the SPRFMO Secretariat electronically no later than 30 days from debarkation of the observer.
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point l: (l) comply with any SPRFMO CMMs whose provisions are directly applicable to observers;
Article 26 Information to be reported after transhipment
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1. ▌Receiving fishing vessels ▌ that engage in transhipment shall prepare an SPRFMO transhipment declaration in accordance with Annex IX, and shall submit that declaration to their flag Member State no later than the 5th day of the month following that in which the transhipment is completed. The flag Member State shall submit the declaration to the Commission, no later than the 10th day of the month following that in which the transhipment is completed. The Commission shall transmit this information to the SPRFMO Secretariat no later than the 15th day of the month following that in which the transhipment is completed.
Article 2 – paragraph 1 – point 13, Article 28q – paragraph 2 – point m: (m) respect privacy in the master and crew areas.
2. ▌Receiving fishing vessels ▌ that engage in transhipment shall retain a copy of the SPRFMO transhipment declaration on the vessel for the duration of the fishing trip and provide it as required to any authorised inspector.’;
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(14) Article 27 is amended as follows:
Article 2 – paragraph 1 – point 13, Section 3 – title: Rights and duties of Union fishing vessel operators and masters
(a) paragraph 1 is replaced by the following:
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‘1. In addition to the data reporting requirements set out in Articles 7, 11, 14, 16, 18, 21, 22, 23, 24, 25, 26, 28a, 28u, 29, 35b, 35e, 40 and 41, Member States whose vessels fish in the SPRFMO Convention Area shall provide the data set out in paragraphs 2, 3 and 3a of this Article to the Commission.’;
Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – introductory part: Vessel operators and masters of fishing vessels shall respect the rights of observers set out in Article 28p and:
(b) the following paragraph is inserted:
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‘3a. By 15 January of each year, Member States whose vessel fish in the SPRFMO Convention Area in fisheries other than jack mackerel fisheries shall report to the Commission the list of vessels that actively fished or engaged in transhipment in the Convention Area during the previous calendar year. The Commission shall forward that information to the SPRFMO Secretariat by 30 January of each year.’;
Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point c: (c) install and maintain, as a complementary monitoring tool, functioning electronic monitoring systems or devices throughout the selected fishing trips;
(15) in Chapter IV, Article 28 is replaced by the following:
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‘SECTION 1 Observer programme accreditation procedure and minimum standards
Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point e: (e) ensure that vessels operating in the SPRFMO Convention Area include and provide adequate space on deck or in the processing area for the observer to conduct bycatch sampling or other sampling as needed as well as other observer duties, in a safe manner that limits interference with vessel operations, with a dedicated sample station and other equipment such as scales;
Article 28 Observer programmes
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1. Member States whose vessels fish in the SPRFMO Convention Area shall establish observer programmes to collect the data set out in Annex X.
Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point h: (h) inform the crew regarding the timing and objectives of the observer programme and schedule for observer boarding, as well as their responsibilities when an observer boards the vessel;
2. Member States shall ensure that the observer programmes established pursuant to paragraph 1 and any service providers only deploy independent and impartial observers.
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3. For fisheries where a minimum level of observer coverage is required, Member States shall ensure that observers on board fishing vessels flying their flag are only deployed from observer programmes and service providers accredited by the SPRFMO Commission.
Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point m: (m) allow and assist full access to and use of all facilities and equipment of the vessel that is necessary for the observer to carry out his or her duties, including but not limited to full access to the bridge, processed catch and any bycatch on board, as well as areas which may be used to hold, process, weigh and store fish;
4. For fisheries where 100 % of observer coverage is not required, Member States shall ensure that the method of assigning observers on fishing vessels flying their flag is representative for the fishery to be monitored and commensurate with the specific data needs of the fishery as a whole.
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5. Member States shall document and provide information on the methods used to allocate observers on fishing vessels flying their flag to meet the observer coverage requirements. Member States shall report that information to the Commission in their annual scientific report covering the previous year.
Article 2 – paragraph 1 – point 13, Article 28s – paragraph 1 – point q: deleted
6. Member States intending to deploy observers from the ▌ observer programme of another ▌ Contracting Party or CNCP shall inform the Commission before such deployment. The Commission shall seek the consent of ▌ the Contracting Party or CNCP and inform the relevant Member State.
Repetition of subparagraph (e)
Member States intending to deploy observers from the accredited observer programme of another Member State shall inform the Commission before such deployment.
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7. Union scientific research vessels fishing for research purposes shall be exempted from the obligation to carry accredited observers on board, unless they are engaged in an exploratory fishery. The flag Member States of scientific research vessels fishing for research purposes, and not engaged in an exploratory fishery, shall comply with the data collection and reporting requirements laid down in Annex X and Article 28a, and shall ensure that scientific personnel on board possess the capacity to perform in full all the observation and reporting responsibilities contained in those requirements.
Article 2 – paragraph 1 – point 13, Article 28t – paragraph 1 – point l: (l) safe places to work on deck or in the processing area and safety equipment required;
Article 28a Observer data reporting
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1. By 15 September of each year, Member States whose vessels fish in the SPRFMO Convention Area shall provide the applicable observer data set out in Annex X covering the previous calendar year to the Commission. The Commission shall forward that information to the SPRFMO Secretariat by 30 September of each year.
Article 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – introductory part: 1. Member States shall ensure that, if an observer passes away, is missing or presumed fallen overboard, fishing vessels flying their flag shall:
2. Not later than 45 days before the SPRFMO Scientific Committee meeting, Member States whose vessels fish in the SPRFMO Convention Area shall provide an annual report on the implementation of the observer programme covering their fishing activity in the previous year. The report shall include observer training, programme design and coverage, the type of data collected, details of any service providers used, and any problems encountered during the year. The Commission shall forward that information to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee meeting.
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Article 28b Observer programme accreditation
Article 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point b: (b) immediately commence search and rescue if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless the observer is found sooner, or unless instructed by their flag Member State or competent search and rescue authorities to continue searching;
1. Member States seeking to accredit their observer programme shall submit to the Commission, at least seven months in advance of the annual meeting of the SPRFMO Commission at which they wish the accreditation to be considered, all the relevant information and documentation to fulfil the standards provided for in Articles 28c to 28o, including manuals, guides and training materials, and, where relevant, information about national programmes and service providers already accredited by other Regional Fisheries Management Organisations. The Commission shall forward that information to the SPRFMO Secretariat at least six months in advance of the annual meeting of the SPRFMO Commission.
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2. Member States shall provide the Commission with additional information and corrections relevant to their observer programme as needed. The Commission shall forward that information to the SPRFMO Secretariat.
Article 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point c: (c) immediately notify their flag Member State and competent search and rescue authorities;
3. The Commission shall forward to the Member States the draft preliminary evaluation report of their observer programme for comments, and shall forward any comments to the SPRFMO Secretariat.
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4. The Commission shall inform the Member State concerned of the SPRFMO decision regarding the accreditation of its observer programme.
Article 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point g: (g) irrespective of the search results, return for further investigation to the nearest port, as determined by the competent authorities, or as agreed by the flag Member State and the SPRFMO Contracting Party or CNCP, Member State observer programme or service provider under whose observer programme the observer is deployed;
Article 28c Impartiality, independence, and integrity
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1. Member States shall ensure that their observer programmes and service providers only deploy independent and impartial observers. This means that neither the observer programme or service provider, as the case requires, nor the individual observers, have a direct financial interest, ownership or business links with vessels, processors, agents and retailers involved in the catching, taking, harvesting, transporting, processing or selling of fish or fish products.
Article 2 – paragraph 1 – point 13, Article 28u – paragraph 1 – point h: (h) provide a report on the incident to their flag Member State, which shall transmit it to the Commission, the observer providers and competent authorities depending on the incident; and
2. The Member States shall ensure that their observer programmes and service providers, and the individual observers do not:
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(a) have a direct financial interest, other than the provision of observer services, in the fisheries under the purview of SPRFMO, including:
Article 2 – paragraph 1 – point 17 – point a, Article 35 – paragraph 2: 2. The competent authorities of the port Member State shall forward a copy of the inspection report and the evidence collected during the inspection to the Commission, or the body designated by it, as soon as possible and in any case within five working days of completion of the inspection, and, to the extent practicable, ensure the safekeeping of the evidence. The Commission, or the body designated by it, shall transmit the inspection report and any evidence to the SPRFMO Secretariat and to the flag Member State or SPRFMO Contracting Party or CNCP point of contact without delay.
(i) any ownership, mortgage holder, or other secured interest in a vessel or processor involved in the catching, taking, harvesting or processing of fish;
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(ii) any business selling supplies or services to any vessel or processor in the fishery;
Article 2 – paragraph 1 – point 18, Article 35a – paragraph 2: 2. The Commission, or the body designated by it, may notify the SPRFMO Commission that the high seas boarding and inspection provisions of the SPRFMO shall apply in their entirety, mutatis mutandis, as between the Union and a fishing entity.
(iii) any business purchasing raw or processed products from any vessel or processor in the fishery;
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(b) solicit or accept, directly or indirectly, any gratuity, gift, favour, entertainment, inordinate accommodation, loan or anything of monetary value from anyone who either conducts activities that are regulated by a Contracting Party or CNCP connected with its services or SPRFMO, or has interests that may be substantially affected by the performance or non-performance of the observer’s official duties;
Article 2 – paragraph 1 – point 18, Article 35a – paragraph 3: 3. The Commission, or the body designated by it, shall notify Member States of the authorised inspection vessels and authorities of the inspection vessels included on the SPRFMO register of authorised inspection vessels and authorities of the inspection vessels, and any updates thereto.
(c) serve as an observer on any vessel or at any processors owned or operated by a person who previously employed the observer in another capacity within the last three years (for example as a crew member); and,
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(d) solicit or accept employment as a crew member or an employee of a vessel or processor while employed by the Member State observer programme or service provider.
Article 2 – paragraph 1 – point 18, Article 35b – paragraph 3: 3. The flag Member State shall direct the master to accept boarding and inspection except in those cases where relevant international measures, procedures, and practices relating to safety at sea make it necessary to delay the boarding and inspection. If the master does not comply with such direction, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to the port indicated by the authorised inspection vessels or authorities of the inspection vessels, or the nearest port, or a port indicated by the flag Member State.
Article 28d Observer qualifications
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Member States shall ensure that observers that are recruited into their observer programme or deployed by their service providers have:
Article 2 – paragraph 1 – point 18, Article 35b – paragraph 4: 4. The flag Member State shall immediately notify the Commission, or the body designated by it, of the action it has taken in the circumstances referred to in paragraph 3. The Commission, or the body designated by it, shall send this information to the authorities of the inspection vessel and the SPRFMO Commission without delay.
(a) relevant education or technical training and/or experience for the fleets concerned;
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(b) the ability to fulfil the observer duties described in this Section;
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – introductory part: 1. For the purposes of this Regulation, a serious infringement shall include the following infringements of this Regulation or the SPRFMO Convention:
(c) no record of convictions calling into question the integrity of the observer or indicating a propensity towards violence; and
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(d) the ability to obtain all necessary documentation, including passports and visas.
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – point e: (e) intentional taking or retention of species in contravention of this Regulation or the SPRFMO Convention;
Article 28e Observer training
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1. Member States shall ensure that observers in their observer programmes or deployed by their service providers are adequately trained before their deployment. Training shall include the following:
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – point j: (j) multiple infringements which taken together constitute a serious disregard of this Regulation or the SPRFMO Convention;
(a) the relationship between fisheries science and fisheries management, and the importance of data collection in this context;
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(b) the relevant provisions of the SPRFMO Convention, this Regulation, and SPRFMO conservation and management measures (hereinafter “SPRFMO CMMsˮ) relevant to the functions and duties of observers;
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 1 – point l: (l) assaulting, resisting, intimidating, sexually harassing, interfering with, or unduly obstructing or delaying an authorised inspector or observer; and
(c) the importance of observer programmes, including understanding the duties, rights, authority and responsibilities of observers;
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(d) safety at sea, including emergencies at sea, donning immersion suits, the use of safety equipment, the use of radios, survival at sea, and the management of conflicts, and cold-water survival;
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 2 – point a: (a) investigate and, if the evidence warrants, take enforcement action against the vessel in question and notify the Commission, or the body designated by it, accordingly, which shall notify the authorities of the inspection vessel and the SPRFMO Secretariat; or
(e) first aid training, appropriate to working at-sea or in remote situations;
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(f) species identification and record of species encountered at sea, including target and non-target species, protected species, seabirds, marine mammals, sea turtles and invertebrates indicating the presence of VMEs;
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 2 – point b: (b) authorise the authorities of the inspection vessel to undertake the investigation of the alleged serious infringement and to notify the Commission, or the body designated by it, accordingly, which shall notify the SPRFMO Secretariat.
(g) knowledge of the different types and functioning of bycatch mitigation devices required by SPRFMO CMMs;
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(h) safe handling protocols to rehabilitate and release seabirds, marine mammals and sea turtles;
Article 2 – paragraph 1 – point 18, Article 35c – paragraph 3: 3. Flag Member States shall regard any interference with the carrying out of duties of an observer, an authorised inspector or an authorised inspection vessel by fishing vessels flying their flag, or the captains and crew of such vessels, in the same manner as any such interference occurring within their exclusive jurisdiction.
(i) fishing vessel and fishing gear types relevant to SPRFMO;
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(j) techniques and procedures for estimating catch and species composition;
Article 2 – paragraph 1 – point 19, Article 35d – paragraph 1: 1. Fishing vessels shall be prohibited from discharging into the sea all plastics, including but not limited to synthetic ropes, synthetic fishing nets, plastic garbage bags and incinerator ashes from plastic products.
(k) the use and maintenance of sampling equipment, including scales and callipers;
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(l) sampling methodologies at sea, namely fish sampling, fish sexing, measuring and weighing techniques, specimen collection and storage, and sampling methodologies;
Article 2 – paragraph 1 – point 19, Article 35d – paragraph 2: 2. Fishing vessels shall store all plastics on board the vessel until they can be discharged at adequate port reception facilities
(m) an understanding of potential biases in sampling, how they arise and how they could be avoided;
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(n) the preservation of samples for analysis;
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – introductory part: 1. Masters of fishing vessels shall ensure that:
(o) data collection codes and data collection formats;
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(p) familiarity with catch logbooks and recordkeeping requirements, to aid observers’ collection of data as required under SPRFMO CMMs;
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point a: (a) all reasonable efforts are made to combat, minimise and eliminate abandoned, lost or otherwise discarded fishing gear linked to those vessels;
(q) the use of digital recorders or electronic notebooks;
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(r) electronic equipment used for observer work and understanding its operation;
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point b: (b) fishing gear is not deliberately discarded or abandoned, except for safety reasons, notably in a situation of distress or life in danger;
(s) the use of electronic monitoring systems as a complement to observers’ work, when applicable;
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(t) verbal debriefing and report writing;
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point c: (c) as soon as possible, every reasonable attempt to retrieve lost fishing gear is made before abandoning it;
(u) training on relevant aspects of the International Convention for the Prevention of Pollution from Ships (MARPOL).
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2. Member States shall ensure that their observer programmes or service providers provide ongoing refresher training relevant to the qualification requirements. Relevant updates to SPRFMO CMMs and observer requirements shall be communicated to observers before each deployment as part of the briefing process, for example in an updated manual.
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point d: (d) there is equipment on board, where possible, to retrieve any abandoned, lost or otherwise discarded fishing gear linked to those vessels;
Article 28f Observer trainers
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Member States shall ensure that observer trainers in their observer programmes or deployed by service providers have the appropriate skills and have been authorised by that programme or service provider to train observers.
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point e: (e) when abandoned, lost or otherwise discarded fishing gear of that vessel cannot be retrieved, the flag Member State is notified within 48 hours of the following:
Article 28g Briefing and debriefing
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1. Member States shall ensure that there are systems in place in their observer programmes or service providers for briefing and debriefing observers and for communicating at any time with vessel masters.
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 1 – point f – introductory part: (f) when abandoned, lost or otherwise discarded fishing gear not linked to that vessel is retrieved, the flag Member State is notified within 48 hours of the following:
2. The briefing and debriefing process shall be conducted by properly trained personnel and shall ensure that observers and vessel masters clearly understand their respective roles and duties.
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Article 28h Data validation process
Article 2 – paragraph 1 – point 19, Article 35e – paragraph 2: 2. Member States shall promptly transmit the information received under paragraph 1, points (e) and (f), to the Commission, or the body designated by it. The Commission, or the body designated by it, shall forward that information promptly to the SPRFMO Secretariat.
1. Member States shall ensure that their observer programmes or service providers have in place an observer data validation process.
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2. The data validation process shall be conducted by properly trained personnel and shall ensure that data and information collected by an observer are checked for discrepancies or inaccuracies, and that discrepancies or inaccuracies are corrected before the information is entered into a database or used for analysis. This includes ensuring that the Member State observer programme or service provider has in place a mechanism to receive data, reports and any other relevant information from an observer in a way that prevents interference in those data from other sources.
Article 2 – paragraph 1 – point 20, Article 40 – paragraph 1: 1. Member States shall designate a point of contact for the purpose of receiving inspection reports from other Member States, Contracting Parties, fishing entities, and CNCPs.
3. The data validation process shall ensure that the data meet the following standards:
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(a) a mechanism that allows scientific data to be stored and transferred to the Member State observer programme or service provider in a secure and confidential manner;
Article 2 – paragraph 1 – point 20, Article 40 – paragraph 3: 3. In the case of port inspections, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall promptly investigate the alleged infringement and notify the Commission, or the body designated by it, of the status of the investigation, and of any enforcement action that has been taken, to enable the Commission, or the body designated by it, to inform the SPRFMO Secretariat within three months of receipt of the notification. If the Member State cannot provide the Commission, or the body designated by it, with a status report within three months of the receipt of the inspection report, it shall notify the Commission, or the body designated by it, within the three-month period of the reasons for the delay and of the date by which the status report will be submitted. The Commission, or the body designated by it, shall transmit the information regarding the status or delay of the investigation to the SPRFMO Secretariat.
(b) vessel information that uniquely identifies the actual vessel from which the fishing occurred;
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(c) the dates and times of fishing effort are included and internally consistent (for example, that end times are after start times);
Article 2 – paragraph 1 – point 20, Article 40 – paragraph 4: 4. In the case of high seas boarding and inspection, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall report to the Commission, or the body designated by it, on action it has taken in response to the alleged infringement, including any proceedings instituted and sanctions applied, at least 110 days in advance of the annual meeting of the SPRFMO Commission. The Commission, or the body designated by it, shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.
(d) the inclusion of a valid location of fishing (for example, logical latitude/longitude combinations), that is internally consistent and is entered using the correct units;
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(e) effort data that allows quantification of the amount of effort invested by the vessel, appropriate to the fishing method used, which is also identified;
Article 2 – paragraph 1 – point 21, Article 41 – paragraph 4: 4. Not later than 110 days before the annual meeting, Member States whose vessels fish in the SPRFMO Convention Area shall report to the Commission on the methods used to prevent tampering with the satellite-tracking device by fishing vessels flying their flag. The Commission shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.
(f) catch information that identifies the fishery resource (to the species level where possible) and the quantity of that species retained or discarded, and if used, that species codes are used accurately;
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(g) where biological or length information is collected for a fish, it is directly linked to the effort in which it was caught, including date and time, location, and fishing method information, and the information includes the methodology of data collection;
Article 2 – paragraph 1 – point 21 a (new), Article 42: (21a) Article 42 is replaced by the following: / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725** of the European Parliament and of the Council. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of…
(h) if the observer programme extends to transhipment and/or landings, the amount and species of fishery resources transhipped/landed is quantified and recorded according to a standard methodology;
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(i) interaction data involving marine mammals, seabirds, reptiles and/or other species of concern that identifies the individual species (where possible), the number of animals, their fate (retained or released/discarded), their life status if released (vigorous, alive, lethargic, dead), and the type of interaction (hook/line entanglement/warpstrike/net capture/other).
Article 2 – paragraph 1 – point 22 – point a, Article 43 – paragraph 1 – point b: (b) the time limits laid down in Articles 7(1), (1b), 1(c) and (2), 11, 13(2) and (5), 16(1) and (3), 17(1) and (2), 21(1) and (2), 22 (1) to (4), 23(6), 24(1) to (3), 25(5) and (6), 26(1), 27(2), (3) and (3a), 28(2), 28a(1) and (2), 28b(1), 28u(1), 29(1) and (2), 30(2), 31(1) and (1a), 34(5) and (6), 35(2) and (3), 35b(4), 35e(1) and (2), 36, 37(1), 39(2), and 40(2), (3) and (4), and 41(1), (2) and (4);
Article 28i Observer identification cards
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Member States shall ensure that observers in their observer programmes or deployed by service providers are provided with identification cards that include the following information:
Article 2 – paragraph 1 – point 22 – point d, Article 43 – paragraph 1 – point f: (f) the type of data and information requirements laid down in Articles 7(2), 11, 13(2) and (3), 14(1) and (2), 16(1), 17(1), 18(2) and (3), 19(1) 21, 22 (1) to (4), 23(6), 24(1) to (3), 25(1), 26(1), 27(2), (3) and (3a), 28(5), 28a(1) and (2), 28b(1), 28i, 28n(1), 28t, 29(1) and (2), 29a(1), 31(1), 35a(3), and 35e(1).
(a) full name of the observer;
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(b) date of issue and expiration;
Article 2 – paragraph 1 – point 22 – point e, Article 43 – paragraph 1 – point q: (q) the list of duties of observers laid down in Article 28q(1) and (2);
(c) name of the Member State observer programme or service provider;
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(d) a unique identifying number (if issued by the observer programme or service provider);
Article 3 – paragraph 1 – point 1 a (new), Article 6 – paragraph 1 – points d and e: (1a) In Article 6(1), points (d) and (e), “24:00” is replaced by “23:59”;
(e) a passport style photo of the observer; and
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(f) an emergency phone number.
Article 3 – paragraph 1 – point 4, Article 6 – paragraph 1 – points d and e: deleted
Article 28j Coordination of observer placements and observer deployments
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1. Member States shall ensure that their observer programmes or service providers have sufficient capacity for the timely deployment of observers and that the selected observers receive all possible assistance during the entire duration of their placements.
Article 3 – paragraph 1 – point 8, Article 30 – paragraph 1 – introductory part: 1. The inspecting Member State shall ensure that, for each sighting in the Regulatory Area of a fishing vessel entitled to fly the flag of a Member State or another NAFO Contracting Party, its inspectors record in a Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation, the following information:
2. Member States shall ensure that their observer programmes or service providers have in place a protocol for replacing observers who become unable to perform their duties.
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3. Member States shall ensure ▌ that their observer programmes or service providers seek, to the extent possible, to avoid deploying the same observer on multiple consecutive trips on the same vessel.
Article 3 – paragraph 1 – point 8, Article 30 – paragraph 1 – point d: (d) sighted fishing vessel’s activity as set out in ANNEX II.I. Part B to the CEM referred to in point 46 of the Annex to this Regulation;
4. Member States shall ensure that their observer programmes or service providers also administer observer placements, to maintain the independence and impartiality of observers in accordance with Article 28c, and also ensure that all observer placements are administratively finalised as soon as practicable after the observers’ return to port.
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5. Member States shall ensure that their observer programmes or service providers communicate with the observer regarding upcoming deployments, coordinate observer travel, and provide the necessary supplies for observer duties.
Article 3 – paragraph 1 – point 8, Article 30 – paragraph 2 – introductory part: 2. The inspecting Member State shall ensure that where an inspector observes in the Regulatory Area a fishing vessel flying the flag of a Member State or Contracting Party for which there are reasons to suspect an apparent infringement of this Regulation, and where an immediate inspection is not practicable, the inspector shall:
Article 28k Observer safety equipment
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1. Member States shall ensure that observers deployed by their observer programmes or service providers are provided with appropriate equipment, including safety equipment, which is in good working order, routinely checked and renewed, to carry out their duties on board a vessel.
Article 3 – paragraph 1 – point 8, Article 30 – paragraph 3 – point b: b. transmit the surveillance report to EFCA relating to a sighting referred to in paragraph 2 which shall submit it without delay to the NAFO Executive Secretary;
2. Essential equipment shall include a lifejacket, independent two-way communication device capable of sending and receiving voice or text communications, personal locator beacons (PLBs), immersion suits, hard hat, proper deck working boots or shoes, gloves, and protective glasses (including sunglasses).
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Article 28l Procedures for allegations of observer misconduct
Article 3 – paragraph 1 – point 9 a (new), Article 43: (9a) Article 43 is replaced by the following: / “Article 43 / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725** of the European Parliament and of the Council. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the fre…
Member States shall ensure that their observer programmes or service providers establish procedures for preventing, investigating, and reporting on, the misconduct of observers, in coordination with observers, vessel masters, and relevant Contracting Parties and CNCPs.
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Article 28m Dispute settlement procedure
Article 3 – paragraph 1 – point 12, Article 50 – paragraph 2 – point q: (q) information for the notification by the master of the fishing vessel and Member States in relation to lost or abandoned fishing gear, and retrieval of fishing gear as provided for in Article 15(1) and (2);
Member States shall ensure that their observer programmes or service providers have in place a dispute resolution process fair to all parties that provides a process to resolve issues through appropriate means, including through facilitation and mediation.
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Article 28n Observer safety
Article 3 – paragraph 1 – point 14, Article 50 – paragraph 2 – point s: (s) changes to the vessel activity list used by Member States according to Article 30.1.(d).
1. Member States shall ensure that their observer programmes or service providers have in place procedures to support observers in their ability to carry out their duties unimpeded and in a safe working environment, including an established Emergency Action Plan (EAP). The EAP shall provide instructions on sending reports to the provider's designated 24-hour point(s) of contact to report unsafe conditions, including instances of harassment, intimidation or assault.
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2. Member States shall ensure that their observer programmes or service providers provide a permanent delegate or supervisor on land to communicate with the observer at any time while at sea.
Article 4 – paragraph 1 – point -1 (new), Article 3 – paragraph 1 – point 24 a (new): (-1) In Article 3, the following point is added: / “24a. ‘Electronic Monitoring System’ or ‘EMS’ means an integrated system of hardware and software that supports acquisition of video footage of fishing activity, positional data and/or sensor, that allows the analysis and reporting of electronic monitoring records.”
Article 28o Insurance and liability
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Member States shall ensure that observers deployed by their observer programmes or service providers have health, safety and liability insurance commensurate with the national standards in force in the Member State of the observer programme or service provider for such insurance for the duration of any deployment before placing the observer on a vessel.
Article 4 – paragraph 1 – point 1, Article 4 – paragraph 1a: 1a. Purse seine vessels that exceed their annual catch limit shall be subject to a longer closure period referred to in paragraph 1 during the following year, as follows: / (a) for purse seine vessels that exceeded the annual catch limit of 1,200 metric tons of bigeye tuna the closure period shall be increased by 10 days; / (b) for purse seine vessels that exceeded the annual catch limit of 1,500 metric tons of bigeye tuna the closure period shall be increased by 13 days; / (c) for purse seine vessels that exceeded the annual catch limit of 1,800 tons of bigeye tuna, the closure period shall be increased by 16 days; / (d) for purse seine vessels that exceeded the annual catch limit of 2,100 metric tons, the closure period shall be increased by 19 days; / (e) for purse seine vessels that exceeded the annual catch limit of 2,400 metric tons, the closure period shall be increased by 22 days; / 1aa. The additional days of closure pursuant to paragraph 1a shall be added, as appropriate, to the beginning of the closure for vessels observing the first period and to the end of the closure for vessels observing the second period, so that the closure of the first period shall always end on 8 October and the second period shall always begin on 9 November of each year.
SECTION 2 Rights and duties of observers
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Article 28p Rights of observers
Article 4 – paragraph 1 – point 2, Article 4a – paragraph 1: Each Member State shall report to the Commission annually any by-catches of Pacific bluefin tuna. The Commission shall report this information annually to the IATTC Secretariat.
1. Member States shall ensure that observers on board fishing vessels flying their flag enjoy the rights set out in this Article and that a copy of those rights is provided to the crew of such vessels or is prominently displayed on board.
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2. In fulfilling their tasks and duties, observers shall have the following rights on board Union fishing vessels:
Article 4 – paragraph 1 – point 3, Article 6 – paragraph 2a: 2a. Union purse seine vessels may deactivate a satellite buoy attached to a FAD only in the following circumstances: / (a) complete loss of signal reception; / (b) beaching; / (c) appropriation of a FAD by a third party; / (d) temporarily during a selected closure period; / (e) when outside of: / (i) the area between the meridians 150° W and 100° W, and the parallels 8° N and 10°S; / (ii) the area between the meridian 100° W and the coast of the American continent and the parallels 5° N and 15°S; or / (f) transfer of ownership.
(a) freedom to carry out their duties without being assaulted, obstructed, delayed, intimidated or interfered with;
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(b) access to, and use of, all facilities and equipment of the vessel necessary to carry out the observer’s duties, including full access to the bridge, the catch before being sorted, processed catch and any bycatch on board, as well as areas which may be used to hold, process, weigh, and store fish, as the safety permits;
Article 4 – paragraph 1 – point 3, Article 6 – paragraph 2b: 2b. Union purse seine vessels may remotely reactivate a satellite buoy attached to a FAD at sea in the following circumstances: / (a) to assist in the recovery of a beached FAD; / (b) after a temporary deactivation during the closure period; or / (c) transfer of ownership while the FAD is at sea.
(c) access to the vessel’s records, including logbooks, vessel diagrams and documentation, for reviewing records, assessment and copying, as well as access to navigational equipment, charts, and other information relating to fishing activities;
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(d) access to, and use of, communications equipment and personnel, upon request, for the entry, transmission, and reception of work-related data or information;
Article 4 – paragraph 1 – point 3, Article 6 – paragraph 2c: 2c. Union purse seine vessels shall report any deactivation or remote reactivation of a satellite buoy to the flag Member State in conformity with Annex II and III. The Member State shall send the reports to the Commission at monthly intervals with a time delay of at least 60 days, but no longer than 70 days after the deactivation or remote reactivation. The Commission shall send the reports to the IATTC Secretariat no later than 90 days after the deactivation or remote reactivation of satellite buoys.
(e) reasonable use of the communication equipment on board to communicate with the observer programme on land at any time, including in emergencies;
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(f) access to additional equipment, if present, to facilitate the work of the observer while on board the vessel, such as high-powered binoculars, electronic means of communication, freezer space to store specimens, weighing scales;
Article 4 – paragraph 1 – point 3 a (new), Article 6 – paragraphs 5 and 6: (3a) Paragraphs 5 and 6 are deleted.
(g) safe access to the working deck or hauling station, during net or line retrieval and access to specimens on deck (alive or dead) in order to collect samples;
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(h) unrestricted access to food, accommodation and sanitary facilities of a standard equivalent to those normally available to an officer on board the vessel, as well as medical facilities that meet international maritime standards;
Article 4 – paragraph 1 – point 4, Article 6a – paragraph 3: 3. The use of non- biodegradable materials, in particular nylon ropes, can be used exclusively to strengthen the structure of the floating or underwater component of the FAD of biodegradability categories I and II, as a temporary solution in the absence of the availability of a biodegradable alternative.
(i) access to verify safety equipment on board (through a safety orientation tour provided by officers or crew) before the vessel leaves the dock;
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(j) unrestrained permission to record any pertinent information relevant for scientific purposes and data collection;
Article 4 – paragraph 1 – point 5, Article 7a – paragraph 2: 2. Member States shall transmit any changes to the list of designated points of contact and designated ports to the Commission at least 15 days before the changes take effect. The Commission shall forward that information to the IATTC Secretariat at least 7 days before the changes take effect.
(k) the right to have a designated contact or supervisor on land to communicate with at any time while at sea;
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(l) the right to refuse deployment on board a fishing vessel for justified reasons, including where safety issues have been identified;
Article 4 – paragraph 1 – point 5, Article 7a – paragraph 3: 3. Masters of fishing vessels shall facilitate safe access to the fishing vessel, cooperate with the competent authority of IATTC designated ports, facilitate the inspection and communication and not obstruct, intimidate or interfere, or cause other persons to obstruct, intimidate or interfere with port inspectors in the execution of their duties.
(m) the ability to communicate at any time the occurrence of safety issues to the vessel master, the authorities of the observer programme or service provider, the SPRFMO Secretariat and the flag Member State, as appropriate;
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(n) upon request by the observer, the right to receive reasonable assistance from the crew to perform the observer’s duties, including sampling, handling large specimens, releasing incidental specimens and taking measurements;
Article 4 – paragraph 1 – point 5, Article 7b – paragraph 3: 3. VMS equipment installed on vessels shall, at a minimum, be tamper evident (i.e., any attempts to tamper with the equipment will be detectable to the electronic monitoring service provider/vessel owner, and reported to the respective vessel flag authority), fully automatic for regular position data reporting, always operational regardless of environmental conditions, and capable of manual transmission of reports and messages.
(o) privacy in the observer’s personal areas;
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(p) not performing duties assigned to the crew, such as gear handling (for fishing purposes) or offloading fish;
Article 4 – paragraph 1 – point 5, Article 7b – paragraph 5: 5. In the event of a technical failure or non-functioning of the satellite tracking device fitted on board a fishing vessel that prevents the reception of two consecutive transmissions, the vessel master shall commence manual transmission in accordance with paragraph 6 and the device shall be repaired or replaced within 30 days. This shall be applicable only where the competent authorities have exhausted all reasonable steps to ensure transmissions and there is no second functioning satellite tracking device on board.
(q) not to have their data, records, documents, equipment or belongings accessed, harmed, or destroyed.
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3. In the event that an observer refuses to be deployed on board a Union fishing vessel, the competent authorities of the Member State of the observer programme or service provider under which the observer was to be deployed shall document the reasons for the refusal and transmit the information to the Commission. The Commission shall transmit that information to the SPRFMO Secretariat.
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 1: deleted
Article 28q Duties of observers
This definition was moved to Article 3 of Regulation (EU) 2021/56
1. Member States shall ensure that, before boarding a Union fishing vessel, observers deployed by their observer programmes or service providers:
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(a) carry complete and valid documents, including, where relevant, identification documents, passports, visas and certificates of at-sea safety training;
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 4: 4. The minimum technical requirements, performance standards, activities that should be covered under EMS and captured by the camera(s) and general recommendations for configurations of EMS equipment are provided in Annex VI. Vessels or groups of vessels with similar designs observing these minimum standards shall have a Vessel Monitoring Plan (VMP) based on the vessel’s design and specifications.
(b) submit copies of the documents referred to in point (a) to the programme managers of the observer programme or service provider, as required.
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2. Member States shall ensure that observers deployed by their observer programmes or service providers on board Union fishing vessels ▌:
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 8: 8. The VMP shall describe the configuration, components and installation of EMS equipment on each vessel, and this configuration shall be capable of collecting EMS records consistent with all relevant mandatory minimum standards and technical specifications in this document. The requisite contents of the Vessel Monitoring Plan are set out in Annex VIII. Member States may choose another format of a VMP as long as it contains the minimum requirements described in Annex VIII, paragraph 4.
(a) maintain independence and impartiality at all times while on duty;
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(b) comply with the laws and regulations of the Member State whose flag the vessel is flying;
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 12 – introductory part: 12. The masters of a Union fishing vessel with a VMP shall ensure that:
(c) observe the hierarchy and general rules of behaviour that apply to the crew of the vessel;
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(d) perform duties in a manner that does not unduly interfere with the operations of the vessel and, while carrying out their functions, give due consideration to the operational requirements of the vessel and communicate regularly with the master of the vessel;
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 13 – point b: (b) that the analysis of the EMS records in the synthesis of EM data is done by companies authorised by the Union, or by institutions or authorities in the Union, with the necessary training, knowledge, skills and abilities to ensure effective EM records analysis and EMS data generation; this includes sufficiently accurate species identification;
(e) be familiar with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits, and participate regularly in emergency drills for which the observer has received training;
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(f) communicate regularly with the vessel master on relevant observer issues and duties;
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 15: 15. The EMS program description shall be submitted by the Commission to the IATTC Director before the EM program begins to submit data to the IATTC. Member States shall report any changes to their EMS domestic program to the Commission that shall inform the IATTC Secretariat whenever such changes occur.
(g) refrain from actions that could negatively affect the image of the observer programme or service provider;
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(h) adhere to any required codes of conduct for observers, including any applicable laws, regulations and procedures;
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 16: 16. Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall report EMS data for each year collected in a manner consistent with the minimum standards set out in this Regulation to the IATTC Secretariat, consistent with data reporting deadlines or by the end of the following year using the formats and guidelines described in Annexes VI, VII and IX.
(i) communicate as regularly as is required with the programme managers or observer programme coordinator on land;
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(j) comply with any SPRFMO CMMs the provisions of which are directly applicable to observers;
Article 4 – paragraph 1 – point 5, Article 7c – paragraph 17: 17. Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall submit by 15 March of the following year a fleet-level summary of the VMPs to the Commission describing the implementation of their EM programme(s) in the previous year, including, at a minimum, the number of vessels implementing EMS by gear and fishery type; the range of EMS configurations implemented within the fleet; a general description of EMS requirements placed upon vessel masters and crews by the Member States; the percentage of coverage levels achieved by fishery and gear type; details on how those coverage levels were calculated; and, where appropriate, information on compliance monitoring. The Commission shall submit to the IATTC Secretariat the report on the implementation of EM programme(s) in the previous year by 30 March.
(k) respect privacy in the master and crew areas of the vessel. ▌
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SECTION 3 Rights and duties of Union fishing vessel operators and masters
Article 4 – paragraph 1 – point 6, Article 10 – paragraph 4: 4. Longline vessels that catch sharks incidentally shall limit bycatch of silky sharks to a maximum of 20 % of the total catch by fishing trip in live weight. The multi-species fisheries using surface longlines shall limit the catch of silky sharks of less than 100 cm total length to 20% of the total number of silky sharks caught during the trip.
Article 28r Rights of Union fishing vessel operators and masters
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Member States shall ensure that vessel operators and masters of Union fishing vessels flying their flag enjoy the following rights:
Article 4 – paragraph 1 – point 6, Article 10 – paragraph 7: 7. Member States shall notify the Commission, before 15 September of each year, the single period of restricted use of steel leaders referred to in paragraph 5 which shall be observed for the calendar year. The Commission shall, before 1 October of each year, notify the IATTC Secretariat accordingly.
(a) to be consulted and either agree with, or otherwise propose alternatives regarding, the timing and placement of observers, when required to take on board one or more observers;
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(b) to conduct the vessel’s operations without undue interference linked to the observer’s presence or the performance of the observer’s duties;
Article 4 – paragraph 1 – point 6, Article 10 – paragraph 9: 9. Union fishing vessels shall not fish in silky shark pupping areas identified by the IATTC. The Member States shall make the information on those areas available for the operators of Union fishing vessels.
(c) to assign, at their discretion, a crew member to accompany the observer when the observer is carrying out duties in hazardous areas;
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(d) to be notified in a timely manner by the observer programme or service provider upon completion of the observer’s trip of any comments of the observer regarding the vessel’s operations. The operator and master shall have the opportunity to review and comment on the observer’s report, and shall have the right to include additional information deemed relevant, and to make a personal statement.
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – introductory part: 1. Union fishing vessels shall promptly release sharks (whether alive or dead) caught that are not retained, unharmed to the extent practicable, as soon as they are seen on the line, entangled in the net or brailed on the deck, taking due consideration of the safety of any persons. / 1a. Purse seine vessels shall apply the following procedure to safeguard the safety of the persons involved in such an operation:
Article 28s Duties of Union fishing vessel operators and masters
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Vessel operators and ▌ masters of fishing vessels shall respect the rights of observers set out in Article 28p and ▌ :
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point b: (b) sharks brailed on deck shall be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment; / (deleted)
(a) accept on board the vessel one or more persons identified as observers by the observer programme or service provider when so required by their flag Member State;
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(b) ensure the vessel’s crew is properly briefed, and does not assault, harass, obstruct, resist, intimidate, influence, or interfere with the observer, or impede or delay the observer in the performance of his or her duties;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point c: (c) the use of gaffs, hooks, or similar instruments for the handling of sharks is prohibited;
(c) install and maintain, as a complementary monitoring tool, ▌ functioning electronic monitoring systems or devices throughout the fishing trips selected for observation, if required under this Regulation;
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(d) ensure the observer has access to the catch before any sorting, grading or other separation of the components of the catch is made;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point d: (d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body is prohibited. The punching of holes through the bodies of sharks (e.g., to pass a cable through for lifting the shark) is prohibited;
(e) ensure that vessels operating in the SPRFMO Convention Area include adequate space for the observer to conduct bycatch sampling or other sampling as needed, in a safe manner that limits interference with vessel operations, with a dedicated sample station and other equipment such as weighing scales;
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(f) maintain a safe and clean sampling station to be used by the observer;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point e: (e) the lifting of whale sharks (Rhincodon typus) onboard the vessel is prohibited as well as the towing of whale sharks out of a purse-seine net, e.g., using towing ropes.
(g) refrain from altering the sampling station during an observed trip without prior consultation with the observer and subsequent notification to the flag Member State of the vessel;
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(h) inform the crew regarding the timing and objectives of the observer programme, and the schedule for observer boarding, as well as the crew’s responsibilities when an observer ▌ is aboard the vessel;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 1 – point e a (new): (ea) the following tools are recommended for best handling and release practices: / (i) bycatch sorting/releasing devices for working/main deck, for instance hopper with a door or ramp; / (ii) stretcher/cradle.
(i) assist the observer to safely embark and disembark the vessel at an agreed place and time;
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(j) allow and assist the observer to carry out his or her duties safely, and ensure the observer is not obstructed in the execution of his or her duties, unless there is a safety issue that requires intervention by the operator or master;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – itnroductory part: 2. Longline vessels shall apply the following procedure to safeguard the safety of the persons involved in such operations:
(k) allow and assist the observer to remove and store samples from the catch, and allow the observer access to stored specimens;
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(l) provide the observer, while on board the vessel, at no expense to the observer, the observer programme or service provider, with food, accommodation, adequate sanitary amenities and medical facilities of a standard equivalent to those normally available to an officer on board the vessel according to generally accepted international standards;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – point a: (a) the sharks shall be released into the ocean as soon as possible after first seen caught on a hook;
(m) allow and assist full access to and use of all facilities and equipment of the vessel that are necessary for the observer to carry out his or her duties, including full access to the bridge, the catch before being sorted, processed catch and any bycatch on board, as well as areas which are used to hold, process, weigh and store fish;
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(n) follow any established mechanism established by the SPRFMO Commission for solving conflicts that would complement the established dispute settlement processes provided by the observer programme or service provider;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – point b: (b) sharks brailed on deck shall be returned to the water as soon as possible, either utilizing a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment;
(o) cooperate with the observer when the observer is sampling the catch;
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(p) provide notice to the observer at least fifteen minutes before fishing gear hauling or setting procedures, unless the observer specifically requests not to be notified;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – point c: (c) the use of gaffs, hooks, or similar instruments for the handling of sharks is prohibited;
(q) provide adequate space for clerical work to the observer on the bridge or in another designated area, as well as adequate space on deck or in the factory to perform the observer’s duties;
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(r) provide personal protective equipment, and, where appropriate, an immersion suit;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – point d: (d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (e.g., to pass a cable through for lifting the shark) is prohibited;
(s) provide to the observer timely medical attention in the event of physical or psychological illness or injury;
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(t) develop and maintain an emergency action plan (EAP) regarding the safety of observers.
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – point e: (e) the lifting of whale sharks (Rhincodon typus) onboard the vessel is prohibited as well as the towing of whale sharks, e.g. using towing ropes;
Article 28t Safety orientation briefing
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The master of a Union fishing vessel, or a crew member designated by the master, shall provide the observer with a safety orientation briefing at the time of boarding the vessel and before it leaves the dock. The orientation briefing shall include information on:
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 2 – point g a (new): “(ga) the following tools are recommended for best handling and release practices: / (i) dipnet; / (ii) short de-hooker, for sharks brought on board; / (iii) line cutter; / (iv) short handled de-hooker, on vessels with freeboard of less than 2 metres; / (v) long-handled line cutter with length equal to or greater than the vessel’s freeboard length; / (vi) long-handled de-hooker with length equal to or greater than the vessel’s freeboard length.”
(a) the provision of and location of safety documentation of the vessel;
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(b) the location of life rafts, raft capacities, observer’s assignment, expiration and installation , and any other relevant safety-related information;
Article 4 – paragraph 1 – point 7, Article 12 – paragraph 3: deleted
(c) the location of, and instructions for use of, emergency radio beacons indicating position in case of an emergency;
This paragraph is not necessary, considering the provisions set in Annex 3 of Res C-24-05, are included in the article.
(d) the location of immersion suits and personal flotation devices, their accessibility, and the quantities for everyone aboard;
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(e) the location of flares, their types, numbers, and expiration dates;
Article 4 – paragraph 1 – point 8, Article 14 – paragraph 1: 1. Masters of Union fishing vessels shall collect and submit catch data for silky and hammerhead sharks to the flag Member State, who shall submit those data to the Commission by 15 March of each year. The Commission shall forward the data to the IATTC Secretariat by 31 March of each year.
(f) the location and number of fire extinguishers, their expiration dates and accessibility;
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(g) the location of life-rings;
Article 4 – paragraph 1 – point 8, Article 14 – paragraph 2: 2. Each Member State shall annually report data on catches, effort by gear type, landing and trade of sharks, by species where possible, in accordance with IATTC reporting procedures, including available historical data to the Commission by 15 of March each year. The Commission shall forward the data to the IATTC Secretariat by 31 March of each year.
(h) procedures in case of emergencies, and essential actions of the observer during each type of emergency, such as a fire on board or recovering a person overboard;
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(i) the location of first aid materials, and familiarity with crew members in charge of first aid;
Article 4 – paragraph 1 – point 10, Article 25 – paragraph 6: 6. The data collected on FADs in accordance with Article 6 of this Regulation shall be submitted by Member States to the Commission no later than 75 days prior to each regular meeting of the SAC. The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the SAC.
(j) the location of radios, procedures for making an emergency call, and how to operate a radio during a call;
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(k) safety drills;
Article 4 – paragraph 1 – point 11, Article 26 – paragraph 1: 1. Member States shall fill in the standard questionnaire on compliance with IATTC Resolutions referred to in Annex I to Resolution C-22-0218 no later than 75 days prior to the annual meeting of the Committee for the Review of Implementation of Measures adopted by the IATTC Commission (‘Compliance Committee’). The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the Compliance Committee.
(l) safe places to work on deck or in the factory, and the safety equipment required;
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(m) procedures in case of illness or accident of the observer or any other crew member.
Article 4 – paragraph 1 – point 11, Article 26 – paragraph 2: 2. If the Commission receives from the IATTC Secretariat any information indicating a suspected non-compliance with the Convention or Resolutions by a Member State or by Union fishing vessels, the Commission shall transmit that information to the Member State concerned without delay.
Article 28u Procedure in the event of an emergency
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1. Member States shall ensure that, if an observer dies, is missing or presumed fallen overboard, fishing vessels flying their flag shall:
Article 4 – paragraph 1 – point 11, Article 26 – paragraph 4: 4. The Commission shall forward that information to the IATTC Secretariat at least 60 days in advance of the Compliance Committee meeting.
(a) immediately cease all fishing operations;
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(b) immediately commence search and rescue operations if the observer is missing or presumed fallen overboard, and carry out searches for at least 72 hours, unless the observer is found sooner, or unless instructed by their flag Member State to continue searching;
Article 4 – paragraph 1 – point 11 a (new), Article 27: (11a) Article 27 is replaced by the following: / ‘Article 27 / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725**. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regula…
(c) immediately notify their flag Member State;
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(d) immediately notify the Member State, Contracting Party or CNCP, or service provider under the observer programme of which the observer was deployed, if applicable;
Article 4 – paragraph 1 – point 12, Article 27a: deleted / (deleted) / (deleted) / (deleted) / (deleted)
(e) immediately alert other vessels in the vicinity by using all available means of communication;
This article is not necessary, considering new Article 12 that contains all provisions set in Annex 3 of Res C-24-05.
(f) cooperate fully in any search and rescue operation;
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(g) irrespective of the search results, return for further investigation to the nearest port, as agreed by the flag Member State and the Contracting Party or CNCP, Member State observer programme or service provider under the observer programme of which the observer was deployed;
Article 4 – paragraph 1 – point 13, Article 28 – paragraph 1 – point p: (13) Article 28(1) is amended as follows: / (a) point (o) is replaced by the following: / “(o) the Annexes to this Regulation”. / (b) the following point is added: / “(p) the reference to Standard Questionnaire on Compliance with IATTC Resolutions set out in Article 26(1).”
(h) provide a report on the incident to their flag Member State, which shall transmit it to the Commission, the observer providers and competent authorities, depending on the incident; and
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(i) cooperate fully in all official investigations, and preserve any potential evidence, as well as the personal effects and the quarters of the deceased or missing observers.
Article 4 – paragraph 1 – point 14, Annex: (14) In the title of the Annex to Regulation (EU) 2021/56 ‘Table 1: Mitigation measures’, the term ‘Annex’ is replaced by ‘Annex I’.
2. Member States shall take and implement all steps, as a matter of due diligence, to prevent incidents causing serious harm or death to observers on board fishing vessels flying their flag, and to sanction or punish those involved, including through criminal investigation and prosecution. Member States shall cooperate with the Commission, other Member States, Contracting Parties and CNCPs to that end.’;
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(16) in Title IV, the following Chapter is inserted before Article 29:
Article 5 – paragraph 1 – point 1, Article 14 – paragraph 1: 1. The Union longline vessels targeting tuna and billfish between 20° N and 20° S, shall not use wire trace as branch lines or wire leaders and shall be prohibited from using shark lines or branch lines running directly off of the longline floats or droplines, known as shark lines as depicted in Annex VI. Vessels carrying wire trace as branch lines or leaders shall keep them stowed.
‘CHAPTER IVa Identification of fishing vessels and vessel monitoring system’;
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(17) in Chapter IVa, the following article is inserted:
Article 5 – paragraph 1 – point 2, Article 15 – paragraph 5: 5. Oceanic whitetip shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Oceanic whitetip shark surrendered in this manner may not be sold or bartered by the competent authorities but may be donated for the purpose of domestic human consumption.
‘Article 29a Marking and identification of fishing vessels above 25 metres in length overall
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1. In addition to the rules on the marking of fishing vessels laid down in Article 6 of Commission Implementing Regulation (EU) No 404/2011*, Member States shall require fishing vessels above 25 metres in length overall flying their flag to have their international radio call sign (IRCS) marked to meet the following technical specifications:
Article 5 – paragraph 1 – point 3, Article 17 – paragraph 6: 6. Silky shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Silky shark surrendered in this manner may not be sold or bartered by the competent authorities but may be donated for purpose of domestic human consumption.
(a) block lettering and numbering shall be used throughout;
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(b) for the hull, superstructure and/or inclined surfaces, the height (h) of the letters and numbers shall be not less than 1,0 m;
Article 5 – paragraph 1 – point 3 a (new), Article 18 – paragraph 3 a (new): (3a) In Article 18, the following paragraph is added: / 3a. It shall be prohibited for all longline and purse seine vessels to catch, retain on board, tranship, store, land or offer for sale any cetacean (infraorder Cetacea) in whole or in part.
(c) the length of the hyphen shall be half the height of the letters and numbers;
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(d) the width of the stroke for all letters, numbers and the hyphen shall be h/6;
Article 5 – paragraph 1 – point 4 a (new), Article 37 – paragraph 1 – point d: (4a) In Article 37(1), point (d) is replaced by the following: / ‘(d) safe handling and release of cetaceans.’
(e) spacing:
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(i) the space between letters and/or numbers shall neither exceed h/4, nor be less than h/6;
Article 5 – paragraph 1 – point 4 b (new), Article 38 – paragraph 3 – points i a (new) and i b (new): (4b) In Article 38(3), the following points are added: / ‘(ia) the progress with the implementation of this Regulation with respect to the conservation of cetaceans, including information collected on interactions with cetaceans in fisheries managed under the Convention; / (ib) any by-catch of Pacific Bluefin Tuna (Thunnus orientalis).’
(ii) the space between adjacent letters having sloping sides shall neither exceed h/8, nor be less than h/10;
CMM/2024/01 and CMM/2024/02
(f) the background shall extend to provide a border around the mark of not less than h/6;
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(g) an additional IRCS marking placed on a deck, which is any horizontal plane including the top of the wheelhouse, with the height of the marking not being less than 0,3m.
Article 6 – paragraph 1 – point 3, Article 5a – paragraph 1: 1. Member States may decide to prohibit their flag vessels from fishing for bigeye, yellowfin and skipjack tuna in the Area for a minimum period of 31 consecutive days. Vessels of less than 12 metres in overall length fishing inside the EEZ of a Member State may be excluded.
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* Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1 ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj).’;
Article 6 – paragraph 1 – point 3, Article 5a – paragraph 2: 2. Member States which decide to implement the fishing closure shall communicate the period chosen for the fishing closure to the Commission no later than 15 December each year. The Commission shall send that information to the IOTC Secretariat no later than 31 December.
(18) Article 31 is amended as follows:
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(a) paragraph 1 is replaced by the following:
Article 6 – paragraph 1 – point 4, Article 8a – paragraph 1: 1. Only purse seine vessels and associated supply vessels are allowed to deploy drifting FADs (DFADs) and instrumented buoys.
‘1. ▌Port Member States shall require third country fishing vessels intending to use their ports for any purposes to provide as a minimum, not later than three working days before the estimated time of arrival at the port, the information set out in Annex XI accompanied by the following:
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(a) a copy of the fishing authorisation or, where appropriate, any other authorisation held by the fishing vessel to support operations on SPRFMO fishery products, or to tranship such fishery products;
Article 6 – paragraph 1 – point 4, Article 8a – paragraph 7: 7. Member States shall draw up a national management plan for the use of DFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - A.
(b) the crew list of the fishing vessel;
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(c) the dates of the fishing trip.’;
Article 6 – paragraph 1 – point 4, Article 8a – paragraph 8: 8. Member States shall, without delay, submit to the Commission the management plan referred to in paragraph 7, as well as any subsequent amendments to the plan. The Commission shall forward the Member States management plans to the IOTC Secretariat, no later than 75 days before the IOTC annual meeting, as well as subsequent amendments to those plans.
(b) the following paragraph is inserted:
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‘1a. Port Member States shall promptly inform the Commission of any request received pursuant to paragraph 1 to use their ports, which shall forward that information to the SPRFMO Secretariat.’;
Article 6 – paragraph 1 – point 5, Article 8b – paragraph 2 – point a: (a) as of 1 January 2026, no longer deploy any DFADs of category V and only use DFADs of biodegradability categories I, II III, and IV as defined in Annex 3b;
(19) in Article 33, the following paragraphs are added:
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‘3. Notwithstanding Article 4(2) of Regulation (EC) No 1005/2008, Member States may allow the entry into their ports of a fishing vessel exclusively for the purpose of inspecting it and for taking other appropriate actions in conformity with international law aimed at preventing, deterring, and eliminating IUU fishing and fishing-related activities in support of such fishing.
Article 6 – paragraph 1 – point 5, Article 8b – paragraph 2 – point b: (b) as of 1 January 2027, use only DFADs of categories I and II, as defined in Annex 3b; and
4. Where a vessel referred to in paragraph 3 is in port for any reason, the port Member State shall deny such vessel the use of its port for the landing, transhipping, packaging, or processing of fish, and for other port services including, inter alia, bunkering, maintenance and dry-docking.’;
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(20) in Article 35, paragraph 2 is replaced by the following:
Article 6 – paragraph 1 – point 5, Article 8b – paragraph 2 – point c: (c) as of 1 January 2029, use only DFADs of category I, as defined in Annex 3b.
‘2. The competent authorities of the port Member State shall forward a copy of the inspection report and the evidence collected during the inspection to the Commission, or the body designated by it, as soon as possible and in any event within five working days of completion of the inspection, and, to the extent practicable, ensure the safekeeping of the evidence. The Commission, or the body designated by it, shall transmit the inspection report and any evidence to the SPRFMO Secretariat and to the flag Contracting Party or CNCP point of contact without delay.’;
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(21) in Title IV, the following Chapters are inserted:
Article 6 – paragraph 1 – point 5, Article 8b – paragraph 4: 4. Once established the IOTC DFAD identifier process and not before 1 January 2026, DFADs shall be permanently marked with a specific IOTC DFAD unique identifier as provided by the IOTC secretariat. The marking shall be separate from the marking of the instrumented buoy.
‘CHAPTER Va High seas boarding and inspection
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Article 35a General principles
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 2: 2. Union fishing vessels shall annually submit the number of instrumented buoys assigned to them by the end of each calendar year, including instrumented buoys which have been lost, or abandoned and/or discarded by 1° by 1° grid area and month strata and DFAD type to their flag Member State. The Member State shall stratify the information by fleet, year, month and 1° by 1° grid, and express it as the average daily number of active instrumented buoys in each stratum. Member States shall send that information to the Commission in accordance with Article 51(2).
1. Union fishing vessels operating in the SPRFMO Convention Area shall accept boarding and inspection conducted by authorised inspection vessels flying the SPRFMO inspection flag and pennant set out in Annex XX and authorised inspectors of SPRFMO Contracting Parties.
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2. The Commission, or the body designated by it, may notify the SPRFMO Commission that the high seas boarding and inspection provisions of the SPRFMO shall apply in their entirety, mutatis mutandis, as between the Union and a fishing entity.
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 3: 3. Until the Commission notifies the Member States of the entry into force of the IOTC DFAD register, Member States shall ensure that their flagged vessels record in the appropriate logbook the date, time and geographical coordinates (decimal degrees) of deployment for each instrumented buoy, associated with its instrumented buoy unique reference number.
3. The Commission, or the body designated by it, shall notify Member States of the authorised inspection vessels and authorities of the inspection vessels included on the SPRFMO register of authorised inspection vessels and authorities of the inspection vessels, and any updates thereto.
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4. Member States shall notify the information under paragraph 3 to the fishing vessels flying their flag and operating in the SPRFMO Convention Area.
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 4 – introductory part: 4. Once the IOTC DFAD identifier process is established, the Commission notifies the Member States of the entry into force of the IOTC DFAD register, buoy owners shall insert the following information concerning the deployment of instrumented buoys.
Article 35b High seas boarding and inspection procedure aboard Union fishing vessels
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1. During the conduct of a boarding and inspection, the masters of Union fishing vessels shall:
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 4 – point a: (a) unique instrumented buoy reference number that allows the identification of its buoy owner;
(a) accept and facilitate prompt and safe boarding by the authorised inspectors;
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(b) follow internationally accepted principles of good seamanship so as to avoid risks to the safety of authorised inspection vessels and authorised inspectors;
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 5: 5. Member States shall include buoys deployed before the entry into force of the DFAD Register and still active on 1 January 2026 or on the date immediately before the DFAD Register enters into force.
(c) cooperate with, and assist in, the inspection of the vessel;
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(d) refrain from assaulting, resisting, intimidating, interfering with, or unduly obstructing or delaying the authorised inspectors in the performance of their duties;
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 6: 6. The buoy owner shall notify, through the DFAD Register and within 24 hours of activation, the IOTC Secretariat and its flag Member State when an instrumented buoy is activated, together with the IOTC DFAD unique identifier as provided by the IOTC secretariat.
(e) allow the authorised inspectors to communicate with the crew of the authorised inspection vessel, the authorities of the inspection vessel, any embarked observers, as well as with the crew and the flag Member State of the Union fishing vessel being inspected;
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(f) provide the authorised inspectors onboard with reasonable facilities, including, where appropriate, food and accommodation; and
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 10: 10. Member States may submit a motivated request for access to the information listed in paragraph 4(c), (d) and (j) pertaining to DFADs deployed by other Member States or CPC to the Commission.
(g) facilitate safe disembarkation by the authorised inspectors.
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2. If the master of a Union fishing vessel refuses to allow an authorised inspector to conduct a boarding and inspection, such master shall provide an explanation of the reason for such refusal.
Article 6 – paragraph 1 – point 6, Article 8c – paragraph 11: 11. In case another Member State or CPC requests access to the information listed in paragraph 4(c), (d) and (j) pertaining to DFADs deployed by a Member State, the Commission shall forward this request to the Member State concerned. In the event that another CPC requests the information, the Commission shall forward the request only after asking the requesting CPC for the reasons for the request. The Member State concerned shall provide to the Commission within 20 days its consent to provide the information in paragraph 4(j) or its motivated refusal.
3. The flag Member State shall direct the master to accept boarding and inspection except in those cases where relevant international measures, procedures, and practices relating to safety at sea make it necessary to delay the boarding and inspection. If the master does not comply with such direction, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to port.
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4. The flag Member State shall immediately notify the Commission, or the body designated by it, of the action it has taken in the circumstances referred to in paragraph 3. The Commission, or the body designated by it, shall send that information to the authorities of the inspection vessel and the SPRFMO Commission without delay. ▌
Article 6 – paragraph 1 – point 7, Article 9 – paragraph 1: 1. Union fishing vessels shall record fishing activities in association with anchored FADs (AFADs) using the specific data elements set out in Annex 3. Member States shall send that information to the Commission in accordance with Article 51(2).
Article 35c Serious infringements
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1. For the purposes of this Regulation, a serious infringement shall include any of the following infringements of this Regulation or of the SPRFMO Convention ▌ :
Article 6 – paragraph 1 – point 7, Article 9 – paragraph 2: 2. Member States shall draw up a national management plan for the use of AFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - B.
(a) fishing without a valid authorisation issued by the flag Member State;
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(b) significant failure to maintain records of catch and catch-related data in accordance with the reporting requirements, or significant misreporting of such catch and/or catch-related data;
Article 6 – paragraph 1 – point 7, Article 9 – paragraph 4: 4. Member States shall undertake sea inspections to ensure that the AFADs deployed are marked and constructed in accordance with Article 9a.
(c) fishing in a closed area;
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(d) fishing during a closed season;
Article 6 – paragraph 1 – point 7, Article 9 – paragraph 5 – subparagraph 1 – introductory part: Member States shall report to the Commission when a new AFAD is deployed in Union waters, within 15 days of the deployment, with the following information:
(e) intentional taking or retention of species in contravention of this Regulation or the SPRFMO Convention ▌ ;
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(f) significant infringement of catch limits or quotas in force;
Article 6 – paragraph 1 – point 7, Article 9 – paragraph 5 – subparagraph 1 – point c: (c) Unique National Identification number, referred to in paragraph 3.
(g) using prohibited fishing gear;
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(h) falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;
Article 6 – paragraph 1 – point 7, Article 9 – paragraph 6: 6. No later than 75 days before the IOTC annual meeting, Member States shall submit a progress report on the implementation of the management plan for the use of AFADs, and, if necessary, a review of the initially submitted management plan. The progress report shall include a register of deployed, lost, abandoned, and discarded AFADs and the number and outcome of inspections referred in paragraph 3.
(i) concealing, tampering with, or disposing of evidence relating to, the investigation of an infringement;
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(j) multiple infringements which, taken together, constitute a serious disregard of this Regulation or of the SPRFMO Convention ▌ ;
Article 6 – paragraph 1 – point 8, Article 9a – paragraph 3: 3. Member States and Union fishing vessels shall ensure that the nature and profile of the sea bottom is taken into account when choosing a site for deploying or replacing deployed AFADs. Where possible, sites with steep slopes shall be avoided, in order to minimise the risk of loss.
(k) refusal to accept a boarding and inspection, provided this refusal is not covered by the situation described in Article 35b(2) and (3);
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(l) assaulting, resisting, intimidating, sexually harassing, interfering with, or unduly obstructing or delaying an authorised inspector or observer; or
Article 6 – paragraph 1 – point 11, Article 22 – paragraph 1: 1. Union fishing vessels shall use mitigation measures to reduce the levels of seabird bycatch across all fishing areas, seasons and fisheries. In the area south of 25 degrees South latitude, all longline vessels shall use at least two of the three mitigation measures set out in Annex 4 or, alternatively, use only hook-shielding devices, and shall comply with the minimum standards for those measures. The design and deployment of bird scaring lines shall comply with the additional specifications set out in Annex 5.
(m) intentionally tampering with or disabling the vessel monitoring system.
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2. Upon receipt of a notification of an alleged serious infringement, the flag Member State of the Union fishing vessel shall without delay:
Article 6 – paragraph 1 – point 12, Article 30 – paragraph 4: 4. Provided that the minimum mandatory Regional Observer Scheme data reporting standards20 are met, Member States may complement or substitute the minimum human observer coverage provided for in paragraph 1 by means of an electronic monitoring system (EMS). EMS shall be complemented by port sampling and/or another data collection methods approved by the IOTC when required.
(a) investigate and, if the evidence warrants, take enforcement action against the vessel in question and notify the Commission, or the body designated by it, accordingly; the Commission or the body designated by it shall notify the authorities of the inspection vessel and the SPRFMO Secretariat; or
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(b) authorise the authorities of the inspection vessel to undertake the investigation of the alleged serious infringement and to notify the Commission, or the body designated by it, accordingly; the Commission or the body designated by it shall notify the SPRFMO Secretariat.
Article 6 – paragraph 1 – point 12, Article 30 – paragraph 5: 5. Member States who choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 shall ensure that their national electronic monitoring programme, their electronic monitoring system and data standards follow the requirements set out in Annex 11 for the purpose of IOTC’s Regional Electronic Monitoring Program (REMP).
3. ▌Flag Member States shall regard any interference with the carrying out of the duties of an observer, an authorised inspector or an authorised inspection vessel by fishing vessels flying their flag, or by the operators, masters or crew of such vessels, in the same manner as any such interference occurring within their exclusive jurisdiction.
Regulation (EU) 2022/2343
CHAPTER Vb Marine pollution and retrieval of abandoned, lost or otherwise discarded fishing gear
Article 6 – paragraph 1 – point 12, Article 30 – paragraph 6 – point a: (a) ensure that a Vessel Monitoring Plan (VMP) as set out in part 3 of Annex 11 is developed for each vessel equipped with EM equipment and delivered to the Member State’s competent authorities.
Article 35d Marine pollution
Regulation (EU) 2022/2343
1. ▌Fishing vessels shall be prohibited from discharging into the sea all plastics, including synthetic ropes, synthetic fishing nets, plastic refuse bags and incinerator ashes from plastic products.
Article 6 – paragraph 1 – point 12, Article 30 – paragraph 6 – point b: (b) ensure that EM equipment is installed in those vessels in accordance with the VMP to collect the required data and to comply with the coverage objectives agreed by the Commission.
2. ▌Fishing vessels shall store all plastics on board the vessel until they can be discharged at adequate port reception facilities ▌
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3. Paragraphs 1 and 2 shall not apply to the discharge of plastics from a fishing vessel necessary for the purpose of securing the safety of a ship and those on board or saving life at sea or to the accidental loss of plastics, synthetic ropes or fishing nets from a fishing vessel, provided that all reasonable precautions have been taken to prevent such loss.
Article 6 – paragraph 1 – point 12, Article 30 – paragraph 6 – point e: (e) document the roles and responsibilities of competent authorities and vessel owners and crew with respect to inter alia installing and maintaining equipment, routine cleaning of cameras, sending storage devices, access to EM records and EM data, responses to mechanical or technical failure of EMS.
Article 35e Retrieval of abandoned, lost or otherwise discarded fishing gear
Regulation (EU) 2022/2343
1. Masters of fishing vessels shall ensure that:
Article 6 – paragraph 1 – point 13, Article 31 – paragraph 1a: 1a. When carrying out their duties, observers shall use the IOTC Regional Observer Scheme Minimum Standard Data Fields, the IOTC data collection forms, the IOTC Species identification cards, the IOTC Observer Manual and the IOTC Observer Forms as provided by the Commission21 .
(a) ▌ all reasonable efforts are made to combat, minimise and eliminate abandoned, lost or otherwise discarded fishing gear linked to their vessels;
Regulation (EU) 2022/2343
(b) ▌ fishing gear linked to their vessel is not deliberately discarded or abandoned, except for safety reasons, particularly ▌ in a situation of distress or danger to life;
Article 6 – paragraph 1 – point 13, Article 31 – paragraph 1b: 1b. Observers deployed on purse seine vessels shall collect detailed information on the DFAD design used and its conformity with the requirements set out in Annex 3a prior to the deployment of each DFAD.
(c) as soon as possible, every reasonable attempt to retrieve lost fishing gear is made before abandoning it ▌ ;
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(d) there is, where possible, equipment on board▌ to retrieve any abandoned, lost or otherwise discarded fishing gear linked to the vessel;
Article 6 – paragraph 1 – point 14, Article 33 – paragraph 4 – point a: (a) by 15 June each year, the vessel monitoring plan for each vessel using EMS, outlining the EMS setup on each vessel, following the guidelines set out in Annex 11.
(e) when abandoned, lost or otherwise discarded fishing gear of that vessel cannot be retrieved, the ▌ flag Member State is notified within 48 hours of the following ▌ :
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(i) the name, IMO number and call sign of the vessel;
Article 6 – paragraph 1 – point 18, Article 51 – paragraph 5: 5. Member States shall submit to the Commission 75 days before the annual meeting of the IOTC information for the preceding calendar year, containing the information on actions taken to implement their reporting obligations for all IOTC fisheries, including shark species caught in association with IOTC fisheries, in particular the steps taken to improve their data collection for direct and incidental catches, and implementation of biodegradable DFADs as provided in Article 8b. The Commission shall compile the information in a Union implementation report and submit it to the IOTC Secretariat no later than 60 days before the annual meeting of the IOTC.
(ii) the type/material of gear;
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(iii) the quantity of gear;
Article 6 – paragraph 1 – point 20, Article 54 – paragraph 1 – point k: (k) changes to reporting obligations and notifications for drifting FADs in Article 8c.
(iv) the time when the gear was lost, abandoned or otherwise discarded;
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(v) the position (longitude/latitude) where the gear was lost, abandoned or otherwise discarded;
Article 7 – paragraph 1 – point 1, Article 30 – paragraph 6: 6. In the event of force majeure preventing the planned joint fishing operation from taking place, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, the Member State concerned is allowed to transfer the unused quotas of vessels participating in a joint fishing operation to its vessels or vessels of other Member States participating in another joint fishing operation, provided that such transfer is necessary due to force majeure. Member States shall notify the Commission of such transfers as soon as possible, together with a description of the events constituting force majeure. This information shall be transmitted to the Commission prior to the start of the joint fishing operation involving the vessels receiving the unused quota. The Commission shall forward that information to the ICCAT Secretariat.
(vi) measures taken by the vessel to retrieve the gear; and
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(vii) if known, the circumstances that led to the gear being lost, abandoned, or otherwise discarded for safety reasons;
Article 7 – paragraph 1 – point 2 – point a, Article 34 – paragraph 3: 3. By way of derogation from paragraph 1, Member States where bluefin tuna is landed may set a shorter period for the prior notification referred to in paragraph 1, taking into account the type of fishery products and the distance between the fishing grounds and the port or landing site, and provided that such a shorter period of prior notification does not impair the ability of that Member State to carry out inspections. Member States may apply that derogation only to vessels referred to in Article 26 that catch less than 3 specimens of bluefin tuna or less than one tonne. Where catches are taken between the time of the prior notification and arrival at port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.
(f) when abandoned, lost or otherwise discarded fishing gear not linked to that vessel is retrieved, the ▌ flag Member State is notified within 48 hours of the following:
This paragraph already refers to Article 34 paragraph 1 that covers the conditions of Article 26. Therefore, the amendment removes the repetition of the conditionality.
(i) the name, IMO number and call sign of the vessel that has retrieved the gear;
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(ii) the name, IMO number and call sign of the vessel that lost, abandoned or otherwise discarded the gear (if known);
Article 7 – paragraph 1 – point 2 – point b, Article 34 – paragraph 7: 7. Where bluefin tuna is landed in Member States or CPC ports, or Member States or CPC landing facilities, other than the ports or landing facilities of the notified Member State, masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the Member State or CPC where the bluefin tuna is landed which shall contain the information required in Article 17, paragraph 2, points (a), (b) and (c) of Regulation (EC) No 1224/2009 and the quantities and weight of the blue fin tuna landed.
(iii) the type of gear retrieved;
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(iv) the quantity of gear retrieved;
Article 7 – paragraph 1 – point 7, Article 49 – paragraph 2a: 2a. In the event of persistent turbidity conditions in the farm area, the competent authority of the farm Member State may authorise the control caging to take place outside the farm, in an adjacent area where there is sufficient visibility. The farm Member State shall document the measurement of the turbidity according to standard methods.
(v) the time when the gear was retrieved;
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(vi) the position (longitude/latitude) where the gear was retrieved and, if possible, photographs of the gear retrieved.
Article 7 – paragraph 1 – point 9, Article 56b – paragraph 1a: 1a. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the intra-farm transfer and the number of individuals expected to be present in the cage. When the difference is larger than 5 %, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed.
2. Member States shall promptly transmit the information received under ▌ paragraph 1, points (e) and (f), to the Commission, or the body designated by it. The Commission, or the body designated by it, shall forward that information promptly to the SPRFMO Secretariat.’;
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(22) Article 40 is replaced by the following:
Article 7 – paragraph 1 – point 9 a (new), Article 56c – paragraph 1 a (new): (9a) In Article 56c, the following paragraph is inserted: / 1a. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the carry-over assessment and the number of individuals expected to be present in the cage. When the difference is larger than 5 %, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed.
‘Article 40 Alleged infringements of SPRFMO conservation and management measures reported by a Contracting Party, fishing entity or CNCP
Regulation (EU) 2023/2053
1. Member States shall designate a point of contact for the purpose of receiving inspection reports from other Member States, Contracting Parties, fishing entities and CNCPs.
Article 7 – paragraph 1 – point 9 a (new), Article 65: (9a) Article 65 is replaced by the following: / ‘Article 65 / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725** of the European Parliament and of the Council. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the fre…
2. Member States shall transmit any changes to the designated point of contact to the Commission at least 20 days before the changes take effect. The Commission shall forward that information to the SPRFMO Secretariat at least 14 days before such changes take effect.
Regulation (EU) 2018/975
3. In the case of port inspections, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall promptly investigate the alleged infringement and notify the Commission, or the body designated by it, of the status of the investigation, and of any enforcement action that has been taken, to enable the Commission, or the body designated by it, to inform the SPRFMO Secretariat within three months of receipt of the notification. If the Member State cannot provide the Commission, or the body designated by it, with a status report within three months of the receipt of the inspection report, it shall notify the Commission, or the body designated by it, within the three-month period of the reasons for the delay and of the date by which the status report will be submitted. The Commission, or the body designated by it, shall transmit the information regarding the status or delay of the investigation to the SPRFMO Secretariat.
Annex I – paragraph 1 – point 2 – point 3, Annex X – Section B.2 – point p: (p) Estimated quantity of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa
4. In the case of high seas boarding and inspection, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall report to the Commission, or the body designated by it, on action it has taken in response to the alleged infringement, including any proceedings instituted and sanctions applied, at least 110 days in advance of the annual meeting of the SPRFMO Commission. The Commission, or the body designated by it, shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.’;
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(23) in Article 41, the following paragraph is added:
Annex I – paragraph 1 – point 2 – point 5, Annex X – Section C.2 – point l: (l) Estimated quantity of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa
‘4. Not later than 110 days before the annual meeting of the SPRFMO Commission, Member States whose vessels fish in the SPRFMO Convention Area shall report to the Commission on the methods used to prevent tampering with the satellite-tracking device by fishing vessels flying their flag. The Commission shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.’;
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(24) Article 42 is replaced by the following:
Annex I – paragraph 1 – point 2 – point 7, Annex X – Section D.2 – point m: (m) Estimated quantity of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa
‘Article 42 Confidentiality and data protection
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1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.
a) Mid-water Trawl Management Area coordinates
2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.
b) Bottom Line Management Area coordinates
3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’;
a) Bottom Trawl Management Area coordinates
(25) Article 43 is amended as follows:
b) Mid-water Trawl Management Area coordinates
(a) points (b) and (c) are replaced by the following:
c) Bottom Line Management Area coordinates
‘(b) the time limits laid down in Article 7(1), (1b), (1c) and (2), Article 11, Article 12(2) and (5), Article 16(1) and (3), Article 17(1) and (2), Article 21(1) and (2), Article 22(1) to (4), Article 23(6), Article 24(1) to (3), Article 25(5) and (6), Article 26(1), Article 27(2), (3) and (3a), Article 28(2), Article 28a(1) and (2), Article 28b(1) ▌ , Article 28u(1), Article 29(1) and (2), Article 30(2), Article 31(1) and (1a), Article 34(5) and (6), Article 35(2) and (3), Article 35b(4), Article 35e(1) and (2), Article 36, Article 37(1), Article 39(2), Article 40(2), (3) and (4), and Article 41(1), (2) and (4);
Regulation (EU) 2019/833
(c) observer coverage laid down in Article 6;’;
Annex II – paragraph 1, ANNEX II – point 38: (38) Surveillance Report Form in Annex IV.A to the CEM referred to in Article 30(1), in point (a) of Article 30(2) and point (a) of Article 45;”
(b) point (d) is deleted;
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(c) point (f) is replaced by the following:
Annex II – paragraph 1 a (new), ANNEX – point 46: (1a) In the Annex to Regulation (EU) 2019/833, the following point is added: / “(46) Main vessel activity in Annex II.I part B to the CEM referred to in Article 30(1), point (d).”
‘(f) the type of data and information requirements laid down in Article 7(2), Article 11, Article 12(2) and (3), Article 14(1) and (2), Article 16(1), Article 17(1), Article 18(2) and (3), Article 19(1) Article 21, Article 22(1) to (4), Article 23(6), Article 24(1) to (3), Article 25(1), Article 26(1), Article 27(2), (3) and (3a), Article 28(5), Article 28a(1) and (2), Article 28b(1), Article 28i, Article 28n(1), Article 28t, Article 29(1) and (2), Article 29a(1) ▌ , Article 31(1), Article 35a(3), and Article 35e(1);’;
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(d) the following points are added:
Annex III – paragraph 1, Annex II – introductory part: Data fields of the first communication of the buoy after being activated to be used in each report:
‘(g) the threshold laid down in Article 7(1a);
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(h) the type of management areas and fishing activities laid down in Article 11a;
Annex III – paragraph 1, Annex II – row 7: reason of deactivation: signal loss, stolen FAD, beaching, temporarily during closure periods, transferred ownership, FAD outside the areas specified in paragraph 2a(e) of Article 6 of Regulation (EU) 2021/56.
(i) the encounter criteria laid down in Article 14(1);
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(j) the distances laid down in Article 14(1), Article 24(2), and Article 29(1) and (3);
Annex III – paragraph 1, Annex III – introductory part: Data fields of the last communication of the buoy before being deactivated to be used in each report:
(k) vessel list information laid down in Article 22(4a);
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(l) the observer qualifications criteria laid down in Article 28d;
Annex III – paragraph 1, Annex IV – legend: – Biodegredable non-entanglig cover: If it is covered with mesh net, it must have a stretched mesh size less than 7 cm and the mesh net must be well wrapped around the whole raft so that there is no loose netting hanging below the FAD when it is deployed
(m) the list of observer training requirements laid down in Article 28e(1);
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(n) the observer data validation standards laid down in Article 28h(3);
Annex III – paragraph 1, Annex IV – legend: – Rope: If mesh net is used, it must be tied as tightly as practicable in the form of sausages or have a stretched mesh size less than 7 cm in a panel
(o) the list of essential observer safety equipment laid down in Article 28k(2);
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(p) the list of rights of observers laid down in Article 28p(2);
Annex III – paragraph 1, Annex VIII – paragraph 1: 1. The VMP shall be developed for each vessel or group of vessels on which EM equipment is to be installed and shall be delivered to the flag Member State competent authorities.
(q) the list of duties of observers laid down in Article 28q(1) and (2);
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(r) the list of rights of Union vessel operators and masters laid down in Article 28r;
Annex III – paragraph 1, Annex VIII – paragraph 2: 2. The VMP shall be developed in collaboration with the EM service provider, vessel owner and relevant flag Member State fishing authorities.
(s) the list of duties of Union vessel operators and masters laid down in Article 28s;
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(t) the procedure to be followed in the event of an emergency laid down in Article 28u;
Annex III – paragraph 1, Annex VIII – paragraph 3 – introductory part: 3. A survey of each vessel or example vessel for a group of vessels intended for EM equipment installation shall be conducted by either the EM provider or flag Member State fishing authorities. During this survey, the following aspects shall be considered in the development of the VMP, aimed at ensuring that the system meets the minimum data collection requirements outlined in Annex VII:
(u) the vessel identification and marking requirements laid down in Article 29a.’;
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(26) Annex IV is replaced by the text set out in point 1 of Annex I to this Regulation;
Annex III – paragraph 1, Annex VIII – paragraph 3 – point 1: (a) Camera placement and settings.
(27) Annex X is amended in accordance with point 2 of Annex I to this Regulation;
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(28) Annexes XIV, XV, XVI, XVII, XVIII, XIX, and XX are added in accordance with point 3 of Annex I to this Regulation.
Annex III – paragraph 1, Annex VIII – paragraph 3 – point 2: (b) Number of cameras to be installed to ensure optimization of the view of the catch-handling area.
Article 3 Amendments to Regulation (EU) 2019/833
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Regulation (EU) 2019/833 is amended as follows:
Annex III – paragraph 1, Annex VIII – paragraph 3 – point 3: (c) Key areas to be surveyed are catch handling areas for species identification and storage of the individuals and areas of discards or release.
(1) in Article 5(3), point (a), the words ‘all species’ are replaced by the word ‘catch’;
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(2) in Article 6, paragraph 1 is amended as follows:
Annex III – paragraph 1, Annex VIII – paragraph 4 – introductory part: 4. The minimum information to be contained in a VMP shall include:
(a) in points (d) and (e), time ‘24:00’ is replaced by ‘23:59’;
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(b) the following point is inserted:
Annex III – paragraph 1, ANNEX VIII – paragraph 4 – point 1: (a) Contact information: current contact information for the vessel owner, vessel operator and EM service provider as long as the contract lasts.
‘(ea) close its directed fishery for cod in Division 3L between 00:01 UTC 15 April 2025 and 23:59 UTC 30 June 2025. During that period, Member States shall ensure that their vessels limit the catches retained on board and in any one haul of this stock in line with Article 7(3), point (a), and observe the move-on provisions in Article 8(1) point (b).’;
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(3) in Article 7(3), point (a) is replaced by the following:
Annex III – paragraph 1, Annex VIII – paragraph 4 – point 2: (b) General vessel information: basic information about the vessel and its fishing activities and operations (such as vessel name, registration number, target fishery, fishing areas, fishing gear, LOA).
‘(a) for cod in Divisions 3L and 3M, redfish in Divisions 3LN and witch flounder in Divisions 3NO: 1 250 kg or 5 %, whichever is the greater;’;
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▌
Annex III – paragraph 1, Annex VIII – paragraph 4 – point 3: (c) Fishing gear type and configuration:
(4) Article 15 is amended as follows:
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(a) the title is replaced by the following:
Annex III – paragraph 1, Annex VIII – paragraph 4 – point 4: (d) Vessel layout: equipment of the vessel with detailed information, plan of the vessel disposition and different areas (such as deck, processing, storage -including number of wells).
‘Lost, abandoned or discarded fishing gear and retrieval of fishing gear’;
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(b) in paragraph 1, point (c) is replaced by the following:
Annex III – paragraph 1, Annex VIII – paragraph 4 – point 5: (e) EM equipment set up: description of the settings of the EM equipment, such as time running, number of cameras, settings of the cameras (frame rate and resolution), and areas covered, time recording for each of the cameras, number of sensors, where applicable, software used, control box disposition, etc.
‘(c) not deliberately abandon or discard fishing gear, except for safety reasons.’;
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(5) in Article 27, paragraph 3 is replaced by the following:
Annex III – paragraph 1, Annex VIII – paragraph 4 – point 6: (f) Catch handling procedures: description of the crew and their operations.
‘3. By way of derogation from paragraph 2, a Member State may allow fishing vessels flying its flag to carry an observer for less than 100 %, but not less than 25 % of the fishing trips conducted by its fleet, or of the days the fishing vessels are present in the Regulatory Area calculated for a period of one calendar year in any of the following cases:
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(a) where ▌ the vessels are targeting species in areas where negligible by-catch of other species is expected to occur;
Annex III – paragraph 1, Annex VIII – paragraph 4 – point 7: (g) An example view from each required camera view.
(b) where the flag Member State has provided information justifying why a 100 % coverage is not applied;
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(c) where extraordinary and unforeseeable circumstances are duly documented and justified by the flag Member State preventing 100 % observer coverage; or
Annex III – paragraph 1, Annex VIII – paragraph 5: 5. Any physical changes to the vessel, modifications in vessel categorization (fleet segmentation), or adjustments to the catch handling deck, including those result in the vessel no longer belonging to its original group, shall be reported to the flag Member State authorities. Subsequently, the VMP shall be updated accordingly before the commencement of the next fishing trip.
(d) where a vessel deploys an electronic observation programme approved by the flag Member State and:
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(i) the flag Member State submits to the NAFO Executive Secretary, with the Commission and EFCA in copy, their electronic observation standards and guidelines; and
Annex III – paragraph 1, Annex VIII – paragraph 6: 6. The VMP shall be signed off by the vessel owner and approved by the flag Member State competent authority or its designated institutions.
(ii) the flag Member State submits a completed copy of the Annex II.M to the CEM referred to in point 35 of the Annex to this Regulation within three months of the electronically observed trip.
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For each fishing trip of its vessels without an observer on board, the flag Member State shall physically inspect the landing of the vessel in its ports or otherwise evaluate as appropriate each landing in its ports, following a risk assessment. Inspections shall be documented in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation.’;
Annex III – paragraph 1, Annex VIII – paragraph 7: 7. The EM equipment shall not compromise vessel stability, posing risks to vessel operations, crew safety, or the environment. Additionally, it shall not hinder the vessel's safe navigation.
(6) Article 30 is replaced by the following:
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‘Article 30 Surveillance procedures
Annex III – paragraph 1, Annex VIII – before Part A: EM Vessel Monitoring Plan template example
1. The inspecting Member State shall ensure that, for each sighting in the Regulatory Area of a fishing vessel entitled to fly the flag of a NAFO Contracting Party, its inspectors are to record in a Sighting Report ▌ , the following information:
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(a) inspecting Contracting Party and the inspector(s) identification;
Annex III – paragraph 1, Annex VIII – Part A – introductory part: To be provided by the vessel owner to the competent authority of flag Member State or its designated institutions
(b) identification or call sign of the inspecting platform;
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(c) flag State, name, and call sign of the sighted fishing vessel;
Annex III – paragraph 1, Annex VIII – Part B – introductory part: To be provided and validated by flag Member State competent authority
(d) sighted fishing vessel’s activity ▌ as set out in Annex II.I.B to the CEM;
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(e) date and time of the sighting;
Annex III – paragraph 1, Annex VIII – Part C – after point 12: (13) Description of any special protocols that may apply to the vessel referred in the VMP.
(f) position of the fishing vessel at the time of the sighting; and
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(g) if images or footage were recorded, and any other relevant observations.
Annex III – paragraph 1, ANNEX VIII – Part C – point 13: (14) Description and diagrams of control points with specific procedures carried out. For each area description, there must be a protocol on how to ensure the catch remains in camera view.
2. The inspecting Member State shall ensure that, where an inspector observes in the Regulatory Area a fishing vessel flying the flag of a NAFO Contracting Party for which there are reasons to suspect an apparent infringement of this Regulation, and where an immediate inspection is not practicable, the inspector shall:
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(a) fill out the Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the surveillance report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation;
Annex III – paragraph 1, Annex VIII – Part D: To be completed by the EM service provider
(b) record images of the vessel and record the position, date and time the image was recorded; and
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(c) without delay transmit electronically the surveillance report and images to his or her competent authority.
Annex III – paragraph 1, Annex VIII – Part D – Introductory part: List of EMS service provider representatives contact information:
3. The competent authority of a Member State shall:
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(a) transmit the Sighting Report relating to a sighting referred to in paragraph 1 to EFCA which shall submit it to the NAFO Executive Secretary within 15 days of the inspection vessel's return to port;
Annex III – paragraph 1, Annex VIII – Part E: To be completed by the vessel owner and the EM service provider representative
(b) transmit the surveillance report to EFCA relating to a sighting referred to in paragraph 2 which shall submit it without delay to the NAFO Executive Secretary ▌ ;
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(c) upon request, transmit a copy of images and/or footage recorded, and any other available information relating to a sighting, to EFCA which shall in turn submit them to the flag State Contracting Party of the vessel or the flag Member State if different from the inspecting Member State;
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(d) ensure security and continuity of the evidence for subsequent inspections.
Annex III – paragraph 1, Annex IX – point 1 – indent 1: – The vessel shall allow for the recovery and secure transmission of EM Records at the end of each trip.
4. Each Member State's competent authority shall, on receipt of a surveillance report relating to a sighting referred to in paragraph 2 concerning a vessel flying its flag, conduct such investigation as may be necessary to determine appropriate follow-up action.
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5. Each Member State shall send to EFCA the investigation report referred to in paragraph 4, which shall send it to the NAFO Executive Secretary and to the Commission.’;
Annex III – paragraph 1, Annex IX – point 3: deleted / (deleted) / (deleted)
(7) in Article 35(3), point (c), the following point is added:
Covered in Regulation (EU) 2021/56, Article 27
‘(v) directed fishing during a closed time contrary to Article 6(1), point (ea), or fishing with an unauthorised mesh size, grid or grate bar spacing, or without the use of grid or grate, contrary to Article 13(2), point (d), when there is no observer on board and the vessel is directing for cod in Division 3L.’;
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(8) Article 49 is replaced by the following:
Annex III – paragraph 1, Annex IX – point 4 – subpoint 3 – indent 2: – The EM analysis software shall allow reporting the mandatory minimum data fields requirements established in Tables 1 and 2 of Annex VII. It may also allow reporting of the voluntary data fields.
‘Article 49 Confidentiality and data protection
Regulation (EU) 2022/2343
1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.
Annex IV – paragraph 1 – point 1, Annex 2 – heading 1: A - Guidelines for preparation of drifting fish aggregating device (DFAD) management plans
2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.
Regulation (EU) 2022/2343
3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.
Annex IV – paragraph 1 – point 1, Annex 2 – heading 2: B - Guidelines for preparation of anchored fish aggregating device (AFAD) management plans
4. In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States shall ensure the confidential treatment of electronic reports and messages transmitted to and received from NAFO pursuant to Article 4(2), point (a), Article 4(6), Article 5(3), point (c), Article 10(2), Article 15(4), Article 22(1), (5) and (6), Article 23(6), Article 25(8), Article 26(9), Article 27(3), (5), (6), (7) and (15), Article 29(1) and (2), Article 34(2), Article 36(4), Article 37(1) and Article 39(8).’;
EXPLANATORY STATEMENT
(9) in Article 50(2), the following points are added:
The proposal presented by the European Commission aims to strengthen the EU’s external fisheries governance, in line with the multilateral framework established by the Regional Fisheries Management Organisations (RFMOs) worldwide, and to transpose into EU law most of the rules agreed multilaterally in NAFO, IATTC, ICCAT, IOTC, SPRFMO and WCPFC between 2018 and 2024. This initiative reflects the EU’s continued commitment to promoting sustainable fisheries, fair competition, and the protection of marine ecosystems at the global level.
‘(o) changes to closure periods as provided in Article 6(1), point (ea);”
Whilst the Rapporteur welcomes the Commission’s proposal - which has the primary aim to facilitate the inter-institutional process of transposing rules adopted annually by RFMOs – he underlines his cautious approach towards amassing proposals of all RFMOs into one-single massive dossier – in contrast to previous transposition exercises being done per RFMO. The Rapporteur believes that such an approach, risks leading to the inter-institutional process being stuck for a long period due to a small number of points, possibly stemming from a minority of RFMO recommendations, at the detriment of European fishers who are seeking legal clarity. To that end, the Rapporteur calls on the Commission to engage with the Parliament prior to future transposition proposals in order to review this process.
(p) by-catch retained on board as provided for in Article 7(3);
With the aim to ensure a strict and timely transposition, the Rapporteur introduced amendments integrating RFMOs Recommendations adopted until 2024 which were missing in the Commission’s proposals (namely those stemming from ICCAT, IOTC, NAFO and SPRFMO). This approach guarantees that the EU maintains its role as a global leader in responsible fisheries management, ensures that citizens and stakeholders have legal clarity with the most up-to-date international standards being transposed into EU law and upholds a level playing field for EU operating under the management of these RFMOs.
(q) information for the notification by the master of the fishing vessel and Member States in relation to lost or abandoned fishing gear, and retrieval of fishing gear as provided for in Article 15(1) and (2);
Furthermore, the text highlights the potential future role of the European Fisheries Control Agency (EFCA) as the body acting on behalf of the European Commission in managing information flows and in serving as a reference point for Member States. This is reflected throughout the proposal by the recurring phrase “...or the body designated by the Commission.”
(r) derogations from the observer programme as provided for in Article 27(3);
Finally, the amendments introduced by the Rapporteur enhance the readability and accessibility of the legal text for EU citizens and fishing operators, while ensuring coherence between the Union’s trade policy and its broader international ocean governance and sustainability objectives. Several parts of the proposal required updates to data protection provisions, in order to guarantee additional clarity and transparency for EU citizens and fishing operators when consulting the relevant legislation.
(s) changes to the reference to NAFO document for vessel activity list used by Member States in accordance with Article 30(1), point (d).’;
(10) in the Annex, point (38) is replaced by the following:
‘(38) Surveillance Report Form in Annex IV.A to the CEM referred to in Article 30(2), point (a), and Article 45, point (a), to this Regulation;’.
Article 4 Amendments to Regulation (EU) 2021/56
Regulation (EU) 2021/56 is amended as follows:
(1) in Article 3, the following point is added:
‘(25)“Electronic Monitoring System” or “EMS” means an integrated system of hardware and software that supports acquisition of video footage of fishing activity, positional and/or sensor data, that allows the analysis and reporting of electronic monitoring records.’;
(2) in Article 4, the following paragraphs are inserted:
‘1a. Purse seine vessels that exceed their annual catch limit shall be subject to a longer closure period than those referred to in paragraph 1 during the following year, as follows:
(a) for purse seine vessels that exceeded the annual catch limit of 1,200 metric tonnes of bigeye tuna the closure period shall be increased by 10 days;
(b) for purse seine vessels that exceeded the annual catch limit of 1,500 metric tonnes of bigeye tuna the closure period shall be increased by 13 days;
(c) or purse seine vessels ▌ that exceeded the annual catch limit of 1,800 metric tonnes of bigeye tuna, the closure period shall be increased by 16 days;
(d) for purse seine vessels that exceeded the annual catch limit of 2,100 metric tonnes, the closure period shall be increased ▌ by 19 days;
(e) for purse seine vessels ▌ that exceeded the annual catch limit of 2,400 metric tonnes, the closure period ▌ shall be increased by 22 days.
1b. ▌ The additional days of closure pursuant to ▌ paragraph 1a shall be added, as appropriate, to the beginning of the closure for vessels observing the first period referred to in paragraph 1 and to the end of the closure for vessels observing the second period referred to in paragraph 1, such that the closure of the first period always ends on 8 October of each year, and the second period always begins on 9 November of each year.
1c. In order to apply paragraph 1a, Each Member State shall strengthen the monitoring and control system for tuna catches through, inter alia, using on-board observer data, logbooks, port sampling and information from tuna processing facilities. The Commission shall compile and submit to the IATTC Secretariat the final data on the annual catches of bigeye tuna made by individual vessels flying the flag of a Member State no later than 15 February of the following year.
1d. Member States shall estimate the catch of bigeye tuna of each vessel flying its flag at the end of each trip, in the days immediately after the conclusion of the trip and discharge (for example observer estimates, ship's log data, well sampling, cannery data).’;
(3) the following article is inserted:
‘Article 4a Report of annual by-catches of Pacific bluefin tuna
Each Member State shall report to the Commission annually any by-catches of Pacific bluefin tuna, which cannot exceed 10 metric tonnes per year. The Commission shall report this information annually to the IATTC Secretariat.’;
(4) Article 6 is amended as follows:
(a) the following paragraphs are inserted:
‘2a. Union purse seine vessels may deactivate a satellite buoy attached to a FAD only in the following circumstances:
(a) complete loss of signal reception;
(b) beaching;
(c) appropriation of a FAD by a third party;
(d) temporarily during a selected closure period;
(e) when outside of:
(i) the area between the meridians 150°W and 100°W, and the parallels 8°N and 10°S;
(ii) the area between the meridian 100°W and the coast of the American continent and the parallels 5°N and 15°S; or
(f) transfer of ownership.
2b. Union purse seine vessels may remotely reactivate a satellite buoy attached to a FAD at sea in the following circumstances: to assist in the recovery of a beached FAD; after a temporary deactivation during the closure period; or transfer of ownership while the FAD is at sea.
2c. Union purse seine vessels shall report any deactivation or remote reactivation of a satellite buoy attached to a FAD to the flag Member State in conformity with Annexes II and III. The Member State shall send the reports to the Commission at monthly intervals with a time delay of at least 60 days, but no longer than 70 days after the deactivation or remote reactivation. The Commission shall send the reports to the IATTC Secretariat no later than 90 days after the deactivation or remote reactivation of satellite buoys.’;
(b) the following paragraph is inserted:
‘4a. Each Member State shall submit to the Commission information concerning the status of implementation of paragraph 4 for each calendar year in a format consistent with the IATTC standards for the provision of catch and effort data, and this information shall be made available for analysis to the IATTC Scientific staff and the Ad Hoc Working Group on FADs.’;
(c) paragraphs 5 and 6 are deleted.▌;
(5) the following Article is inserted:
‘Article 6a FAD design and recovery
1. To reduce the entanglement of sharks, marine turtles or any other species, Union fishing vessels shall deploy or redeploy only FADs that are not constructed with mesh net or entangling material, in accordance with the specifications set out in Annex IV.
2. To reduce the amount of synthetic marine debris:
(a) as of 1 January 2026, the operators of Union fishing vessels shall only deploy or redeploy drifting FADs of biodegradability category I, II, III or IV, as defined in Annex IV;
(b) as of 1 January 2029, the operators of Union fishing vessels shall only deploy or redeploy drifting FADs of biodegradability category I or II, as defined in Annex IV.
3. Non-biodegradable materials, in particular nylon ropes, shall be used exclusively to strengthen the structure of the floating or underwater component of the FAD of biodegradability categories I and II, as a temporary solution in the absence of the availability of a biodegradable alternative.
4. To prevent drifting loss or stranding, Member States may initiate voluntary recovery programmes for drifting FADs through cooperative initiatives among fishing vessels operating in the Convention Area or vessels implementing projects for the recovery of such FADs. Without restricting regular fishing operations of purse seine vessels fishing with FADs, such recovery activities shall be limited to the collection of drifting FADs for final disposal, and shall not include any type of maintenance or adjustment. Those vessels shall not deploy FADs unless they are authorised purse seine vessels. Drifting FADs collected under the voluntary recovery programme shall be taken on board and brought to port for recycling or disposal.’;
(6) the following articles are inserted:
‘Article 7a Port State measures
1. A Member State wishing to grant access to its ports to third-country fishing vessels carrying IATTC fishery products caught in the Convention Area or fishery products originating from such resources that have not been previously landed or transhipped at port or at sea shall:
(a) designate the ports to which third-country fishing vessels may request entry pursuant to Article 5 of Regulation (EC) No 1005/2008;
(b) designate a point of contact for the purposes of receiving prior notice pursuant to Article 6 of Regulation (EC) No 1005/2008;
(c) designate a point of contact for the purposes of receiving inspection reports pursuant to Article 11(3) of Regulation (EC) No 1005/2008.
2. Member States shall transmit any changes to the list of designated points of contact and designated ports to the Commission at least 15 days before the changes take effect. The Commission shall forward that information to the IATTC Secretariat at least seven days before the changes take effect.
3. ▌Masters of fishing vessels shall facilitate safe access to the fishing vessel, cooperate with the competent authority of IATTC designated ports, facilitate the inspection and communication, and shall neither obstruct, intimidate or interfere, nor cause other persons to obstruct, intimidate or interfere, with port ▌ inspectors in the execution of their duties.
Article 7b Vessel monitoring system
1. Union fishing vessels shall ensure that the information collected by the vessel monitoring system (VMS) includes:
(a) the vessel’s identification;
(b) the vessel’s geographical position (latitude and longitude), with an error of less than 100 metres at a confidence level of 98 %;
(c) the date and time (UTC) of the fixing of the vessel’s position, and;
(d) the vessel’s speed and course.
2. The information referred in paragraph 1 shall be collected at least every four hours for longliners and every two hours for other vessels by the land-based fisheries monitoring centre (FMC) of the Member States.
3. VMS equipment installed on vessels shall, at a minimum, be tamper-evident (namely any attempts to tamper with the equipment will be detectable to the electronic monitoring service provider and the vessel owner, and reported to the respective vessel flag authority), fully automatic for regular position data reporting, always operational regardless of environmental conditions, and capable of manual transmission of reports and messages.
4. A Union fishing vessel shall not be authorised to commence a fishing trip with a defective satellite tracking device. When a device stops functioning or has a technical failure during a fishing trip lasting more than 30 days, a repair or replacement must take place as soon as the vessel enters a port.
5. In the event of ▌ a technical failure or non-functioning of the satellite tracking device fitted on board a fishing vessel that prevents the reception of two consecutive transmissions, the vessel’s master shall commence manual transmission in accordance with paragraph 6, and the device shall be repaired or replaced within 30 days. This shall apply only where the competent authorities have exhausted all reasonable steps to ensure transmissions, and where there is no second functioning satellite tracking device on board.
6. A Union fishing vessel with a defective satellite tracking device shall communicate to the FMC or relevant competent authority at a minimum every six hours, reports containing the information in paragraph 1 by appropriate telecommunication means for example radio, web-based reporting, electronic mail, telefax or telex).
Article 7c Electronic Monitoring Systems and Vessel Monitoring Plans
▌
1. Union fishing vessels shall apply the minimum technical requirements, performance standards and data requirements set out in Annexes VI and VII when implementing an electronic monitoring system (EMS) in the Convention area.
2. The minimum technical requirements, performance standards and data requirements set out in Annex VI shall be periodically reviewed by the Commission to accommodate technological advances and changes in priorities, as well as the particular requirements of vessels of various sizes, gears, and fishing practices.
3. The minimum technical requirements and performance standards, the activities that should be covered under EMS and captured by the camera(s), and general recommendations for configurations of EMS equipment are set out in Annex VI. Vessels or groups of vessels with similar designs observing those minimum technical requirements and performance standards shall have a Vessel Monitoring Plan (VMP) based on the vessel’s or vessels’ design and specifications.
4. EMS equipment shall automatically and autonomously collect EMS records to generate the required EM data, and shall be tamper-evident (namely any attempts to tamper with the equipment will be detectable to the EM service provider and the vessel owner and reported to the respective vessel flag authority). Both the mandatory minimum data fields that EMS shall collect, as well as optional data fields EMS may collect, for each vessel type are set out in Annex VII.
5. If a Member State intends to achieve fisheries data submission by EMS, it shall develop an EMS Vessel Monitoring Plan (VMP) for each vessel or group of vessels (for example all purse-seine, or all longline, or all longline of a certain size range) fishing for tuna or tuna-like species, on the basis of which EMS equipment is to be operated.
6. Vessels or groups of vessels with similar designs using EMS, observing the minimum standards set out under Annex VI and applying the IATTC minimum standards for EMS shall have a VMP based on the vessel’s or vessels’ design and specifications under Annex VI.
7. The VMP shall describe the configuration, components and installation of EMS equipment on each vessel, and that configuration shall be capable of collecting EMS records consistent with all relevant mandatory minimum standards and technical specifications in that plan. The requisite contents of the VMP are set out in Annex VIII. Member States may choose another format of VMP, provided it complies with the minimum requirements set out in Annex VIII, point 4.
8. A copy of the Member State approved VMP shall be maintained aboard each vessel at all times when EMS equipment is deployed to monitor the vessel’s activities.
9. Any modification to the VMP, including in relation to EMS equipment, shall be reported to the authority of the flag Member State of the vessel for approval.
10. Standards for storage and retention of EMS records, data retrieval and data review and reporting are set out in Annex IX.
11. The master of a Union fishing vessel with a VMP shall ensure that:
(a) in case the EMS equipment malfunctions, the malfunctioning is reported to the relevant authority of the flag Member State and, where appropriate, the provider as soon as possible;
(b) on-board physical access to the EMS equipment components is provided if requested by the authority of the flag Member State or any authorised personnel;
(c) in accordance with the VMP and the camera views capable of collecting the minimum data identified in this Regulation as set out in Annex VI, the cameras have an unobstructed view, and the lenses or lens covers are cleaned, as necessary;
(d) the handling of the catch and bycatch, to the extent practicable, allows electronic monitoring cameras an adequate view of the collection of the relevant data fields set out in Annex VI (for example species identification, catch composition, etc.);
(e) the transmission or retrieval of electronic monitoring records is carried out in accordance with the standards set out in Annex IX;
(f) unless authorised and instructed by the flag Member State or personnel authorised by that Member State, the EMS equipment is not tampered with (for example disconnecting the system, rearranging or obstructing the view of the cameras, disconnecting cameras or sensors, switching off the EMS equipment manually, intentionally breaking the system).
12. Member States that decide to implement EMS to collect fisheries data for submission to the IATTC Secretariat shall ensure that, prior to submitting EMS data to the IATTC Secretariat , vessels flying their flags meet the following mandatory elements of the EMS minimum standards and requirements:
(a) that Member State EM programmes are developed, and designed and implemented in a manner that ensures they are transparent, and the resulting data are verifiable in accordance with Annex IX;
(b) that the analysis of the EMS records in the synthesis of EM data is carried out by ▌ companies authorised by a Member State, or by ▌ institutions or ▌ authorities in Member States, having the necessary training, knowledge, skills and abilities to ensure effective EM records analysis and EMS data generation; this includes sufficiently accurate species identification;
(c) that the health status report of the EMS equipment on board each vessel under its jurisdiction is provided by the EMS service provider or by the EMS equipment itself;
(d) that rules and procedures are established for cases of EMS equipment failure, and that those rules and procedures are followed.
13. Member States shall provide to the Commission an EMS programme description detailing, at a minimum, the following information:
(a) the VMPs used in the programme;
(b) the responsibilities of fishing authorities and vessel owners, masters and crew with respect to installing and maintaining equipment, including routine cleaning of cameras, and responses to mechanical or technical failure of the EMS;
(c) protocols for data storage, retrieval and transfer in line with Annex IX;
(d) protocols for internal reporting and following-up on possible actions inconsistent with EMS standards that are detected, including rules and procedures in case of EMS equipment failure.
14. The Commission shall submit the EMS programme description to the IATTC Secretariat before the EM programme begins to submit data to the IATTC Secretariat . Member States shall report any changes to their EMS domestic programmes to the Commission. The Commission shall inform the IATTC Secretariat whenever such changes occur.
15. Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall report to the IATTC Secretariat EMS data for each year collected in a manner consistent with the minimum standards set out in this Regulation, ▌ and in a manner consistent with data reporting deadlines ▌ or by the end of the following year, using the formats and guidelines described in Annexes VI, VII and IX ▌ .
16. Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall submit by 15 March ▌ of each year a fleet-level summary of the VMPs to the Commission describing the implementation of their EM programme(s) in the previous year, including, at a minimum, the number of vessels implementing EMS by gear and fishery type; the range of EMS configurations implemented within the fleet; a general description of EMS requirements placed upon vessel masters and crews by the Member State; the percentage of coverage levels achieved by fishery and gear type; details on how those coverage levels were calculated; and, where appropriate, information on compliance monitoring. The Commission shall submit to the IATTC Secretariat by 30 March of each year the report on the implementation of EM programme(s) in the previous year.’;
(7) Article 10 is replaced by the following:
‘Article 10 Silky sharks
1. It shall be prohibited to retain on board, tranship, land, store, sell or offer for sale any part of or whole carcass of silky sharks (Carcharhinus falciformis) caught by purse-seine vessels in the Convention area.
2. Union purse-seine vessels shall release live silky sharks whenever possible.
3. If silky sharks are unintentionally caught and frozen as part of purse-seine vessel operations, and if the governmental authorities are present at the point of landing, the whole silky shark shall be surrendered to them. If the governmental authorities are unavailable, the whole silky shark surrendered shall not be sold or bartered, but may be donated for purposes of domestic human consumption. Silky sharks surrendered in this manner shall be reported to the IATTC Secretariat.
4. Longline vessels that catch sharks incidentally shall limit bycatch of silky sharks to a maximum of 20 % of the total catch by fishing trip in live weight. The multi-species fisheries using surface longlines (in which the majority of hooks fish at depths shallower than 100 metres and target species other than swordfish) shall limit the catch of silky sharks of less than 100 cm total length to 20 % of the total number of silky sharks caught during the trip.
5. For those multi-species fisheries using surface longlines whose bycatch of silky sharks of less than 100 cm total length exceeds 20 % of silky sharks by weight on average in a year, Member States shall prohibit the use of steel leaders during a period of three consecutive months each year. The average proportion of silky sharks in the catch shall be calculated from data of the previous calendar year.
This paragraph shall also apply to new vessels entering the multi-species fisheries and to vessels for which no data are available from the immediately preceding period.
6. Union fishing vessels of less than 12 metres in length overall using manually operated fishing gear (namely without mechanical or hydraulic winches) and which do not deliver to motherships at any time during the fishing trip are excluded from the application of this Article.
7. Member States shall notify to the Commission, before 15 September of each year, the single period of restricted use of steel leaders referred to in paragraph 5 which shall be observed for the calendar year. The Commission shall, before 1 October of each year, notify the IATTC Secretariat accordingly.
8. Member States shall require the collection and submission of catch data for silky sharks, in accordance with IATTC data reporting requirements. Member States shall also record, through observer programmes and other means, the number and status (dead or alive) of silky sharks caught and released by purse-seine vessels of all capacity classes, and report those data to the IATTC Secretariat .
9. Union fishing vessels shall not fish in silky shark pupping areas identified by the IATTC in accordance with the recommendation of the IATTC scientific staff. The Commission shall transmit the information about silky shark pupping areas to the Member States. The Member States shall make that information available to the operators of fishing vessels flying their flag.’;
(8) Article 12 is replaced by the following:
‘Article 12 Safe release of sharks
1. Union fishing vessels shall promptly release unharmed all live sharks caught that are not retained ▌ , to the extent practicable, as soon as they are seen on the line, entangled in the net or brailed on the deck, taking due consideration of the safety of any persons. They shall also discard dead sharks that are not retained as catch or by-catch.▌
2. Purse seine vessels shall apply the following measures to safeguard the safety of the persons involved in the operation referred to in paragraph 1:
(a) sharks shall be disentangled and released into the ocean as soon as possible after first seen entangled in the net;
(b) sharks brailed on deck shall be returned to the water as soon as possible, either using a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment ;
(c) the use of gaffs, hooks, or similar instruments for the handling of sharks shall be prohibited;
(d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (for example to pass a cable through for lifting the shark) shall be prohibited;
(e) the lifting of whale sharks (Rhincodon typus) onboard the vessel shall be prohibited, as shall the towing of whale sharks out of a purse-seine net (for example using towing ropes).
3. ▌Longline vessels shall apply the following measures to safeguard the safety of the persons involved in an operation referred to in paragraph 1:
(a) the sharks shall be ▌ released into the ocean as soon as possible after first seen caught on a hook;
(b) sharks brailed on deck shall be returned to the water as soon as possible, either using a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment ▌ ;
(c) the use of gaffs, hooks, or similar instruments for the handling of sharks shall be prohibited;
(d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (for example to pass a cable through for lifting the shark) shall be prohibited;
(e) the lifting of whale sharks (Rhincodon typus) onboard the vessel shall be prohibited, as shall the towing of whale sharks ▌ ▌(for example using towing ropes);
(f) sharks shall be left in the water where possible;
(g) line cutters shall be used to cut the branch line as close to the hook as possible, and so that less than 1 metre remains on the animal, to the extent practicable.
4. In addition to in paragraph 1 of this Article, Union fishing vessels shall apply best safe handling and release practices for sharks in accordance with the guidelines of Annexes 3 and 3.1 to Resolution C-24-05.’;
(9) Article 14 is replaced by the following:
‘Article 14 Data collection on shark species
1. Masters of Union fishing vessels shall collect and submit catch data for silky and hammerhead sharks to the flag Member State, which shall ▌ submit those data to the Commission by 15 June of each year. The Commission shall forward the data to the IATTC Secretariat by 30 June of each year.
2. Each Member State shall annually report data on catches, effort by gear type, landing and trade of sharks, by species where possible, in accordance with IATTC reporting procedures, including available historical data to the Commission by 15 June of each year. The Commission shall forward the data to the IATTC Secretariat by 30 June of each year.
3. Observers on Union fishing vessels shall record the number and life status (dead or alive) of silky sharks and hammerhead sharks caught and released.
4. Member States shall also provide, through observer programmes, electronic monitoring programmes or other means, the species identification, the number and life status (dead or alive) of all sharks caught, in accordance with applicable monitoring requirements, including those caught incidentally and those released by purse seine vessels of all capacity classes and longline vessels.’;
(10) in Article 20(1), the following point is added:
‘(q) a valid authorisation to fish and/or tranship in the Convention area.’;
(11) in Article 25, the following paragraph is added:
‘6. The data collected on FADs in accordance with Article 6 shall be submitted by Member States to the Commission no later than 75 days prior to each regular meeting of the SAC. The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the SAC.’;
(12) in Article 26, the following paragraph is inserted:
‘
-1. Member States shall fill in the standard questionnaire on compliance with ▌ IATTC Resolutions referred to in Annex I to Resolution C-22-02no later than 75 days prior to the annual meeting of the Committee for the Review of Implementation of Measures adopted by the IATTC Commission (“Compliance Committee”). The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the Compliance Committee.’;
(13) Article 27 is replaced by the following:
‘Article 27 Confidentiality and data protection
1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.
2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.
3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.
4. In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States, masters of vessels and observers shall ensure the confidential treatment of electronic reports and messages transmitted to and received from the IATTC Secretariat pursuant to Article 10(3), Article 19(5) and (8) and Article 21(6) of this Regulation.’;
(14) the following article is inserted:
‘Article 27a Guidelines
The Commission shall provide Member States which have fishing opportunities in the Convention area with any guidelines developed by the IATTC, regarding best safe handling and release practices for sharks.
The Member States concerned shall ensure that those guidelines are provided to the masters of vessels flying their flag engaged in the fisheries concerned. Those masters shall take all necessary or possible steps to apply such guidelines.’;
(15) ▌ in Article 28, paragraph 1 is amended as follows:
(a) point (o) is replaced by the following:
‘(o) the Annexes to this Regulation;’;
(b) the following point is added:
‘(p) the reference to the Standard Questionnaire on Compliance with IATTC Resolutions set out in Article 26(-1).’;
(16) the Annex is numbered as ‘Annex I’ and Annexes II, III, IV, V, VI, VII, VIII and IX are added in accordance with Annex II to this Regulation.
Article 5 Amendments to Regulation (EU) 2022/2056
Regulation (EU) 2022/2056 is amended as follows:
(1) Article 14 is replaced by the following:
‘Article 14
General measures for the protection of sharks
1. Union longline vessels targeting tuna and billfish between 20°N and 20°S, shall not use wire trace as branch lines or wire leaders, and shall be prohibited from using shark lines or branch lines running directly off the longline floats or droplines, known as shark lines, as depicted in Annex VI. Vessels carrying wire trace as branch lines or leaders shall keep them stowed.
2. Union fishing vessels aboard which there is an observer or electronic monitoring camera shall, taking into consideration the safety of the crew and of the observer, ensure that sharks that are caught and which are not to be retained, are hauled alongside the vessel before being cut free in order to facilitate species identification.
3. Sharks that are caught by Union longline vessels and are not retained, shall be released as soon as possible, taking into consideration the safety of the crew and observer, in the following manner:
(a) leaving the shark in the water, where possible; and
(b) using a line cutter to cut the branch line as close to the hook as possible.’;
(2) in Article 15, the following paragraph is added:
‘5. Oceanic whitetip shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Oceanic whitetip shark surrendered in this manner may not be sold or bartered by the competent authorities, but may be donated for the purpose of domestic human consumption.’;
(3) in Article 17, the following paragraph is added:
‘6. Silky shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Silky shark surrendered in this manner may not be sold or bartered ▌ by the competent authorities, ▌ but may be donated for purpose of domestic human consumption.’;
(4) in Article 18, the following paragraph is added:
‘4. It shall be prohibited for all longline and purse seine vessels to catch, retain on board, tranship, store, land or offer for sale any cetacean (infraorder Cetacea) in whole or in part.’;
(5) in Article 24, point (c) is replaced by the following:
‘(c) fishing vessels flagged to non-contracting parties and operated by contracting parties under charter, lease or similar arrangements, which comply with the CMMs.’;
(6) in Article 37(1), point (d) is replaced by the following:
‘(d) safe handling and release of cetaceans.’ ;
(7) in Article 38(3), the following points are added:
‘(j) the progress with the implementation of this Regulation with respect to the conservation of cetaceans, including information collected on interactions with cetaceans in fisheries managed under the Convention;
(k) any by-catch of Pacific bluefin tuna (Thunnus orientalis).’.
Article 6 Amendments to Regulation (EU) 2022/2343
Regulation (EU) 2022/2343 is amended as follows:
(1) in Article 3, the following point is added:
‘(18) “Electronic Monitoring System” or “EMS” means an integrated system of hardware and software that supports the acquisition of video footages of fishing activity, positional and/or sensor data, that allows the analysis and reporting of electronic monitoring records.’;
(2) in Article 4, the following paragraphs are inserted:
‘1a. Union purse seine vessels shall not discard tropical tuna after the point in the fishing operation when the net is fully pursed and more than one half of the net has been retrieved. If equipment malfunctioning affects the process of pursing and retrieving the net in such a way that this rule cannot be complied with, the crew must make efforts to release the tuna and the non-targeted species as soon as possible.
1b. Union purse seine vessels shall, to the extent practicable, retain on board and land all catches of tuna other than those referred to in paragraph 1, rainbow runner, dolphinfish, triggerfish, billfish, wahoo, and barracuda, except fish that are unfit for human consumption.’;
(3) the following article is inserted:
‘Article 5a Voluntary fishing closure
1. Member States may decide to prohibit vessels flying their flag from fishing for bigeye, yellowfin and skipjack tuna in the Area for a minimum period of 31 consecutive days. Member States may exclude from that prohibition vessels of less than 12 metres in overall length fishing inside the EEZ of a Member State.
2. Member States which decide to implement the fishing closure referred to in paragraph 1 shall communicate the period chosen for the fishing closure to the Commission no later than 15 December of each year. The Commission shall send that information to the IOTC Secretariat no later than 31 December of each year.’;
(4) the following articles are inserted:
‘Article 8a Management of drifting FADs (DFADs)
1. Only purse seine vessels and associated supply vessels are allowed to deploy DFADs and instrumented buoys.
2. Purse seine vessels and associated supply vessels shall only deploy DFADs with an instrumented buoy that has been activated and registered in the DFAD register once the IOTC has implemented the DFAD register. The use of any other buoys, such as radio buoys, is prohibited.
3. Purse seine vessels and associated supply vessels shall only activate instrumented buoys when the buoys are physically present on board, and shall reactivate instrumented buoys only after they have been brought back to port and have been authorised by their flag Member States.
4. Purse seine vessels and associated supply vessels shall take all reasonable precautions to prevent accidental loss of DFADs and instrumented buoys, and shall be prohibited from deliberately discarding DFADs or associated instrumented buoys, except in cases of force majeure.
5. Before reporting the loss of a DFAD, purse seine vessels and associated supply vessels shall, as soon as possible, attempt to locate and retrieve such a lost DFAD.
6. When they retrieve an instrumented buoy attached to a DFAD, purse seine vessels and associated supply vessels shall not leave the DFAD in the sea without an active instrumented buoy.
7. Member States shall draw up a national management plan for the use of DFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - A.
8. Member States shall submit to the Commission the management plan referred to in paragraph 7, no later than 75 days before the IOTC annual meeting. This does not apply to Member States that have submitted their plan before … [the date of entry into force of this amending Regulation].
Any subsequent amendments to the management plans shall be communicated to the Commission no later than 75 days before the ▌ IOTC annual meeting.
Article 8b Design and construction of DFADs
1. Purse seine vessels and associated supply vessels shall only use DFADs the design and construction of which comply with the following specifications as outlined as an example in Annex 3a:
(a) the use of mesh materials shall be prohibited for any part of a DFAD;
(b) only non-entangling material and designs shall be used; and
(c) the sub-surface structure shall be limited to a length of 50 metres.
2. Purse seine vessels and associated supply vessels shall:
(a) as of 1 January 2026, no longer deploy any DFADs of category V and shall only use DFADs of biodegradability categories I, II, III and IV, as defined in Annex 3b;
(b) as of 1 January 2027, use only DFADs of biodegradability categories I and II, as defined in Annex 3b; and
(c) as of 1 January 2029, use only DFADs of biodegradability category I, as defined in Annex 3b.
3. Instrumented buoys attached to a deployed DFAD shall be permanently and clearly marked with their unique reference number marking (ID provided by the manufacturer of the instrumented buoy) and the IOTC unique vessel identifier number.
4. ▌ DFADs shall be permanently marked with a specific IOTC DFAD unique identifier as provided by the IOTC Secretariat. That marking shall be separate from the marking of the instrumented buoy.
5. Purse seine vessels and associated supply vessels encountering DFADs that are not compliant with the requirements of design and construction under this Article shall, as far as practicable, immediately retrieve such DFADs from the water. Purse seine vessels and associated supply vessels shall report such cases to their flag Member States. Member States shall report the information to the Commission which shall in turn report it to the IOTC Secretariat.
6. Member States shall submit information concerning the status of implementation of biodegradable DFADs in accordance with Article 51(5).
Article 8c Reporting obligations for DFADs
1. Union fishing vessels shall record any fishing activities in association with a floating object (DFAD or log) and/or an instrumented buoy, from the deployment to the end of use, using the specific data elements set out in Annex 3 and the template provided by the IOTC Secretariat. Member States shall send that information to the Commission in accordance with Article 51(2).
2. Union fishing vessels shall submit annually the number of instrumented buoys assigned to them by the end of each calendar year, including instrumented buoys which have been lost, abandoned or discarded by 1° by 1° grid area and month strata and DFAD type to their flag Member State. That Member State shall send the information to the Commission. The Commission shall stratify the information by fleet, year, month and 1° by 1° grid, and express it as the average daily number of active instrumented buoys in each stratum, in accordance with Article 51(2).
3. Until the Commission notifies the Member States of the entry into force of the DFAD register, Member States shall ensure that their flagged vessels record in the appropriate logbook the date, time and geographical coordinates (decimal degrees) of deployment for each instrumented buoy, associated with its instrumented buoy unique reference number.
4. The owners of ▌ IOTC DFAD ▌ buoys shall insert the following information concerning the deployment of instrumented buoys, including for buoys deployed before the entry into force of the DFAD register and which are still active:
(a) the unique instrumented buoy reference number, that allows the identification of the owner of the buoy;
(b) the name of the owner of the instrumented buoy;
(c) the unique IOTC Record of Authorised Vessels number of the purse seiner that is assigned to the instrumented buoy;
(d) the Member State of the purse seine vessel to which the instrumented buoy is assigned;
(e) the manufacturer of the instrumented buoy;
(f) the model name of the instrumented buoy;
(g) the IOTC DFAD unique identifier, as provided by the IOTC Secretariat;
(h) the biodegradability category of the DFAD, or log when applicable, with which the buoy was deployed;
(i) the date and time of deployment;
(j) the location of deployment.
▌
5. The owner of the instrumented buoy shall notify, through the DFAD register and within 24 hours of activation, the IOTC Secretariat and its flag Member State when an instrumented buoy is activated, together with the IOTC DFAD unique identifier as provided by the IOTC Secretariat.
6. Member States shall verify the information provided by the owners of instrumented buoys to the DFAD register, and validate it at least once a year.
7. The owner of an instrumented buoy shall notify, through the DFAD register and within 72 hours of deactivation, the IOTC Secretariat when an instrumented buoy is deactivated, including whether the DFAD and instrumented buoy were retrieved. If an active instrumented buoy attached to a DFAD is deactivated without being retrieved, the owner of the buoy shall include in the notification through the DFAD register, the date, time, last location of the instrumented buoy and the reasons for deactivating it. The owner of the instrumented buoy shall record in the DFAD register when an instrumented buoy has been decommissioned (namely the buoy was retrieved and cannot be redeployed or reactivated).
8. Member States shall transmit to the Commission the following daily information on all active DFADs:
(a) the geographical location (degrees, minutes and seconds);
(b) the date;
(c) the time;
(d) unique instrumented buoy reference number;
(e) the name and IOTC registration number of the vessels to which the instrumented buoy is assigned.
The information shall be compiled at monthly intervals and submitted not earlier than 30 days but no later than 60 days after the monthly compilation of the information concerned. The Commission shall send that information to the IOTC Secretariat
9. Member States may submit to the Commission a reasoned request for access to the information listed in paragraph 4, points (c), (d) and (j), pertaining to DFADs deployed by other Member States or CPCs.
10. In the event that a Member State or CPC requests access to the information listed in paragraph 4, points (c), (d) and (j), pertaining to DFADs deployed by another Member State, the Commission shall forward that request to the other Member State concerned. In the event that a CPC requests that information, the Commission shall forward the request only after asking the requesting CPC for the reasons for its request. The Member State concerned shall provide to the Commission within 20 days its consent to provide the information referred to in paragraph 4, point (j), or its reasoned refusal.’;
(5) Article 9 is replaced by the following:
‘Article 9 Anchored FADs (AFADs)
1. Union fishing vessels shall record fishing activities in association with AFADs using the specific data elements set out in Annex 3. Member States shall send that information to the Commission in accordance with Article 51(2).
2. Member States shall draw up a national management plan for the use of ▌ AFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - B.
3. Member States shall ensure that their vessels only use AFADs that are permanently and clearly marked with a unique national identification number that identifies the Member State or the vessel(s) to which the AFAD belongs, as applicable.
4. Member States shall undertake at-sea inspections to ensure that the AFADs deployed are marked and constructed in accordance with Article 9a.
5. Member States shall report to the Commission when a new ▌ AFAD is deployed in ▌ Union waters, within 15 days of the deployment, with the following information:
(a) the date of deployment
(b) the position (GPS coordinates)
(c) unique national identification number, referred to in paragraph 3.
The Commission shall send that information to the IOTC Secretariat without delay, and no later than 21 days after the deployment.
6. No later than 75 days before the IOTC annual meeting, Member States shall submit a progress report on the implementation of the management plan for the use of ▌ AFADs and, if necessary, a review of the initially submitted management plan. The progress report shall include a register of deployed, lost, abandoned, and discarded ▌ AFADs, and the number and outcome of inspections referred in paragraph 4.
7. The Commission shall send that information to the IOTC Secretariat no later than 60 days before the IOTC annual meeting.’;
(6) the following article is inserted:
‘Article 9a Design and construction of AFADs
1. Member States and Union fishing vessels shall use only non-entangling designs and materials for the construction of the sub-surface aggregators of the AFADs. Sub-surface aggregators attached to the mooring line shall be constructed from biodegradable materials.
2. Member States and Union fishing vessels are encouraged to construct AFADs from materials that will ensure increased longevity.
3. Member States and Union fishing vessels shall ensure that the nature and profile of the sea bottom is taken into account when choosing a site for deploying or replacing deployed AFADs, and that sites with steep slopes are avoided, where possible, in order to minimise the risk of loss ▌ .
4. Member States and Union fishing vessels shall ensure that the upper floatation of AFADs is suitable for offshore, high-current deployments by using designs which are streamlined to reduce drag and resistance to currents and waves.’;
(7) in Article 13, the following paragraph is added:
‘3. Union carrier vessels authorised to receive transhipments of IOTC species shall separate and stow transhipped fish by fishing vessel and develop a stowage plan to show the locations in the hold of the quantities by vessel and major species and, if possible, by other species. The carrier vessel master shall submit the stowage plan to inspectors, if requested.’;
(8) Article 20 is amended as follows:
(a) in paragraph 2, point (b) is replaced by the following:
‘(b) report interactions with cetaceans to the vessel’s flag Member State, with the following information:
(i) the species (if known);
(ii) the number of individuals;
(iii) a short description of the interaction, including details of how and why the interaction occurred, if possible;
(iv) the location of the encirclement;
(v) the steps taken to ensure safe release; and
(vi) an assessment of the life status of the animal on release, including whether the cetacean was released alive but subsequently died.’;
(b) the following paragraph is added:
‘4. Member States shall ensure that Union fishing vessels are aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all necessary equipment for their safe release of cetaceans.’;
(9) in Article 22, paragraph 1 is replaced by the following:
‘1. Union fishing vessels shall use mitigation measures to reduce the levels of seabird bycatch across all fishing areas, seasons and fisheries. In the area south of 25 degrees South latitude, all longline vessels shall use at least two of the three mitigation measures set out in Annex 4 ▌ or, alternatively, use only hook-shielding devices, and shall comply with the minimum standards for those measures. The design and deployment of bird scaring lines shall comply with the additional specifications set out in Annex 5.’;
(10) in Article 30, the following paragraphs are added:
‘4. Provided that the minimum mandatory Regional Observer Scheme data reporting standards are met, Member States may complement or substitute the minimum human observer coverage provided for in paragraph 1 by means of an electronic monitoring system (EMS). EMS shall be complemented by port sampling and/or other data collection methods approved by the IOTC when required.
5. Member States which choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 of this Article shall ensure that their national electronic monitoring programme, their electronic monitoring system and data standards follow the requirements set out in this Regulation, including Annex 11 hereto, for the purpose of IOTC’s Regional Electronic Monitoring Programme (REMP). ▌
6. Member States which choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 shall:
(a) ensure that a Vessel Monitoring Plan (VMP) as set out in Part 3 of Annex 11 is developed for each vessel equipped with EM equipment and delivered to the Member State’s competent authorities;
(b) ensure that EM equipment is installed on those vessels in accordance with the VMP to collect the required data and to comply with the coverage objectives agreed by the Commission;
(c) ensure that EMS implementation is consistent with IOTC’s REMP and its minimum standards;
(d) collaborate to ensure that National EM Programmes are compatible and harmonised where necessary;
(e) document the roles and responsibilities of competent authorities and vessel owners and crew with respect to inter alia installing and maintaining equipment, routine cleaning of cameras, sending storage devices, access to EM records and EM data, responses to mechanical or technical failure of EMS;
(f) provide the IOTC Secretariat with the contact details of their EM Programme Coordinator(s).’;
(11) in Article 31, the following paragraphs are inserted :
‘1a. When carrying out their duties, observers shall use the IOTC Regional Observer Scheme Minimum Standard Data Fields, the IOTC data collection forms, the IOTC Species identification cards, the IOTC Observer Manual and the IOTC Observer Forms as provided by the Commission.
1b. Observers deployed on purse seine vessels shall collect detailed information on the DFAD design used and its conformity with the requirements set out in Annex 3a prior to the deployment of each DFAD.’;
(12) in Article 33, the following paragraph is added:
‘4. Member States which choose to implement EMS shall submit to the Commission the following information:
(a) by 15 June of each year, the vessel monitoring plan for each vessel using EMS, outlining the EMS setup on each vessel, following the guidelines set out in Annex 11;
(b) by 15 June of each year, a Regional Observer Scheme data collection table specifying the following data fields:
(i) the data field name and description;
(ii) the data field reporting requirement level (i.e. mandatory to collect, mandatory to report if collected, not mandatory);
(iii) a brief description of the data collection method used to collect data for each data field.
(iv) in their national scientific report to be submitted in accordance with Article 51(6), a summary of the vessel monitoring plan specifying:
– the number of flagged vessels, by gear and fishery type, implementing EMS.
– the range of EMS configurations implemented within the fleet (including the numbers and placements of cameras for each configuration);
– a general description of EMS requirements imposed by the administration on the crew of the vessels.’;
(13) in Article 44, the following paragraphs are added:
‘3. Port Member States should prioritise inspection in port of the following vessels:
(a) carrier vessels the Automatic Identification System (AIS) or VMS signals of which disappear under suspicious circumstances and without explanation, and carrier vessels the signals of which indicate dubious movements;
(b) carrier vessels not entered into the IOTC Record of Carrier Vessels.
4. Inspection of transhipment activities in port should involve the monitoring of the entire transhipment operation, including a review of the prior authorisation to tranship in port issued by the flag CPC to the fishing vessel.’;
(14) Article 51 is amended as follows:
(a) paragraph 2 is amended as follows:
(i) the introductory wording is replaced by the following:
‘In addition to the information referred to in paragraph 1, Member States shall include the following fishing effort data by the purse seiners fleet using supply vessels and FADs and fishing vessels fishing on AFADs:’;
(ii) the following points are added:
‘(d) any fishing activities in association with a floating object (DFAD or log) and/or an instrumented buoy, from the deployment to the end of use, using the specific data elements set out in Annex 3;
(e) any fishing activities in association with AFADs using the specific data elements set out in Annex 3.’;
(b) paragraph 5 is replaced by the following:
‘5. Member States shall submit to the Commission, 75 days before the annual meeting of the IOTC, information for the preceding calendar year containing the information on actions taken to implement their reporting obligations for all IOTC fisheries, including shark species caught in association with IOTC fisheries, in particular the steps taken to improve their data collection for direct and incidental catches, and the implementation of biodegradable DFADs as provided for in Article 8b. The Commission shall compile that information into a Union implementation report and submit it to the IOTC Secretariat no later than 60 days before the annual meeting of the IOTC.’;
(c) in paragraph 6, the following point is added:
‘(e) report on EMS as provided in Article 30 (4).’;
(15) in Article 54, paragraph 1, the following point is added:
‘(k) changes to reporting obligations and notifications for drifting FADs in Article 8c.’;
(16) Annexes 2 and 3 are replaced by the text set out in points 1 and 2 of Annex III to this Regulation;
(17) Annexes 3a and 3b are inserted, as set out in point 3 of Annex III to this Regulation;
(18) Annex 4 is amended in accordance with point 4 of Annex III to this Regulation;
(19) Annex 11 is added, as set out in point 5 of Annex III to this Regulation.
Article 7 Amendments to Regulation (EU) 2023/2053
(1) in Article 30, paragraph 6 is replaced by the following:
‘6. In the event of force majeure preventing the planned joint fishing operation from taking place, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, the Member State concerned is allowed to transfer the unused quotas of vessels participating in a joint fishing operation to its vessels or to vessels of other Member States participating in another joint fishing operation, provided that such transfer is necessary due to force majeure. Member States shall notify the Commission of such transfers as soon as possible, together with a description of the events constituting the force majeure. That information shall be transmitted to the Commission prior to the start of the joint fishing operation involving the vessels receiving the unused quota. The Commission shall forward that information to the ICCAT Secretariat.’;
(2) Article 34 is amended as follows:
(a) paragraphs 3, 4 and 5 are replaced by the following:
‘3. By way of derogation from paragraph 1 of this Article, Member States where bluefin tuna is landed may set a shorter period for the prior notification referred to in paragraph 1 of this Article ▌ , taking into account the type of fishery products and the distance between the fishing grounds and the port or landing site, and provided that such a shorter period of prior notification does not impair the ability of that Member State to carry out inspections. Member States may apply that derogation only to vessels referred to in Article 26 that catch less than three specimens of bluefin tuna or less than one tonne. Where catches are taken between the time of the prior notification and arrival at port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.
4. Member States making use of the derogation provided for in paragraph 3 of this Article shall inform the Commission and provide the details of the potential shortened prior notification period and the reasons therefor, and the remainder of the conditions for the prior notification, prior to its implementation, in their monitoring, control, and inspection plan referred to in Article 14. Any subsequent changes shall be notified to the Commission without delay, and at least 20 days before those changes take effect. The Commission shall transmit that information to the ICCAT Secretariat at least 14 days before the changes take effect and the Commission shall make that information available on a public website of the Commission. Member States shall also make the information on shorter periods for prior notification available on public websites.
5. The authorities of the port Member State shall keep a record of all prior notifications for a period of one year from the date of port entry.’;
(b) the following paragraph is inserted:
‘5a. All landings in the Union shall be controlled by the relevant control authorities of the port Member State, and a percentage of landings shall be inspected based on a risk assessment system involving quotas, fleet size and fishing effort. Full details of the control system adopted by each Member State shall be set out in the annual monitoring, control and inspection plan referred to in Article 14.’;
(c) the following paragraph is added:
‘7. Where bluefin tuna is landed in Member State or CPC ports, or Member State or CPC landing facilities, other than the ports or landing facilities of the notified Member State, the masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the Member State or CPC where the bluefin tuna is landed which shall contain the information required in ▌ Article 17(2), points (a), (b) and (c), of Regulation (EC) No 1224/2009 and the quantities and weight of the bluefin tuna landed.’;
(3) in Article 42, paragraph 3 is replaced by the following:
‘3. The original ITD shall accompany the transfer to the farm of destination where bluefin tuna individuals are to be caged. At first transfer, the original ITD shall be duplicated by the donor operator when a single catch is transferred from the purse seine or the trap to more than one transport cage. In the event of a further transfer, the master of the donor towing vessel shall update the ITD by completing section 3 (further transfers) thereof, and provide the updated ITD to the receiving towing vessel. The updated ITD shall be duplicated by the master of the donor towing vessel if the fish subject to further transfer is divided into more than one transport cage. A copy of the original/updated ITD shall be kept on board the donor catching or towing vessels, or by the operator of the donor trap or donor farm and shall be accessible at any time for control purposes for the duration of the fishing season.’;
(4) in Article 43(1), second subparagraph, point (a) is replaced by the following:
‘(a) for the first transfer and any voluntary or control transfer, to the ICCAT regional observer, to the master of the receiving towing vessel and, at the end of the fishing trip, to the competent authority of the flag or trap Member State of the donor operator;’;
(5) Article 46a is amended as follows:
(a) paragraph 1 is replaced by the following:
‘1. On arrival of the towing vessel in the vicinity of the farm, the competent authority of the farm Member State shall ensure that the towing vessel and the cage are maintained at a distance of a minimum of 0,1 nautical miles from any facility of the farm until the competent authority of the farm Member State is physically present. The position and activity of that towing vessel shall be monitored at all times.’;
(b) paragraph 6 is replaced by the following:
’6. Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State responsible for the farm provide valid reasons, including force majeure, which shall accompany the caging report when submitted. That deadline shall not apply in the case of inter-farm transfers.’;
(6) in Article 49, the following paragraph is inserted:
‘2a. In the event of persistent turbidity conditions in the farm area, the ▌ competent authority of the farm Member State may authorise the control caging to take place outside the farm, in an adjacent area where there is sufficient visibility. The farm Member State shall document the measurement of the turbidity according to standard methods.’;
(7) Article 56b is amended as follows:
(a) paragraph 1 is replaced by the following:
‘1. Intra-farm transfer shall not take place without the authorisation of the competent authority of the farm Member State. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The competent authority of the farm Member State shall monitor those transfers, including by verifying the video footage and shall ensure that each intra-farm transfer is recorded in the eBCD system.’;
(b) the following paragraph is inserted:
‘1a. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the intra-farm transfer and the number of individuals expected to be present in the cage. When the difference is ▌ larger than 5 %, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed.’;
(8) Article 65 is replaced by the following:
‘Article 65 Confidentiality and data protection
1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.
2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.
3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’;
(9) in Article 66, paragraph 1 is amended as follows:
(a) points (b) and (c) are replaced by the following:
‘(b) deadlines for reporting information as laid down in Article 7(2), point (a), Article 9(1), Article 16(1) and (2), Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 52(2), Article 57(5), point (b), and Article 58(6);
(c) time periods for fishing seasons as provided in Article 17(1), (2), (3) and (4);’;
(b) points (e) and (f) are replaced by the following:
‘(e) the percentages and reference parameters laid down in Article 13, Article 15(3) and (4), Article 20(1), Article 21(2), Article 38(1), Article 44(2), Article 46(1), point (a), Article 50 and Article 51(8);
(f) the information to be submitted to the Commission referred to in Article 7(2), point (a), Article 11(1) Article 16(1), Article 24(1), Article 25(3), Article 29(1), Article 30(5), Article 32(1), Article 34(2) and Article 40(1);’;
(c) the following point is added:
‘(o) the information in the daily catch reports referred to in Article 32(1), the information on prior notification of landings referred to in Article 34(2), the information to be included in a prior transfer notification referred to in Article 40(1).’.
Article 8
Entry into force
This Regulation shall enter into force on the twentieth 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 …,
For the European Parliament For the Council
The President The President
ANNEX I
The Annexes to Regulation (EU) 2018/975 are amended as follows:
(1) Annex IV is replaced by the following:
‘ANNEX IV Guidelines for the preparation and submission of notifications of encounters with potential vulnerable marine ecosystems (VMEs)
1. General Information
(a) contact details
(b) flag
(c) vessel name
(d) dates of fishing effort and notification
(e) time of tow start (UTC)
(f) time of tow end (UTC)
(g) fishing gear used
2. Location Information
(a) bottom trawl or mid-water trawl
(b) start and end position of trawl (to nearest 1/100th degree decimal )
3. VME Information
(a) summary information:
(i) number of VME indicator taxa encountered
(ii) total weight of VME indicator taxa encountered
(b) detailed information:
(i) weight of each VME indicator taxon in tow (including any under threshold)’;
(2) Annex X is amended as follows:
(a) in Section A.1, point (g) is replaced by the following:
‘(g) UVI (Unique Vessel Identifier) / Lloyd’s / IMO number’;
(b) in Section B.2, points (c) and (d) are replaced by the following:
‘(c) Tow start position (Lat./Long., nearest 1/100th degree for bottom fishing and 1/10th for pelagic trawl – decimal)
(d) Tow end position (Lat./Long., nearest 1/100th degree for bottom fishing and 1/10th for pelagic trawl – decimal)’;
(c) in Section B.2, points (n), (o), (p) and (q) are replaced by the following:
‘(n) If any marine mammals, seabirds, reptiles or other species of concern were caught, report as per requirements described in Section G
(o) If any benthic material, including VME Indicator Taxa, was caught, record as per the requirements described in Section H
(p) Estimated catch of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa
(q) Record any bycatch mitigation measures employed, as per below:
(i) Tori lines – if so, record details as described in Section L
(ii) Bird baffler(s) – if so, record details as described in Section N
(iii) Offal management – if so, record as per below:
(i) No discharge during shooting and hauling
(ii) Only liquid discharge
(iii) Waste batching ≥ 2 hours/others/none
(iv) Other – if so, record details
__________________________
VME Indicator Taxa are defined in Annex XVII.’;
(d) in Section C.2, point (d) is replaced by the following:
‘(d) Set start position (Lat./Long., nearest 1/100th degree resolution)’;
(e) in Section C.2, points (j), (k), (l) and (m) are replaced by the following:
‘(j) If any marine mammals, seabirds, reptiles or other species of concern were caught, report as per requirements described in Section G
(k) If any benthic material, including VME Indicator Taxa, was caught record as per the requirements described in Section H
(l) Estimated catch of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa
(m) Record any bycatch mitigation measures employed, using types as described below and providing detail as required:
(i) Tori lines – if so, record details as described in Section L
(ii) Bird baffler(s) – if so, record details as described in Section N
(iii) Offal management – if so, record as per below:
(i) discharge during shooting and hauling
(ii) Only liquid discharge
(iii) Waste batching ≥ 2 hours/others/none
(iv) Night setting (when setting is restricted to between the times of nautical dusk and nautical dawn)
(v) Other – if so, record details
__________________________
VME Indicator Taxa are defined in Annex XVII.’;
(f) in Section D.2, points (c) and (d) are replaced by the following:
‘(c) Set start position (Lat./Long., nearest 1/100th degree – decimal format)
(d) Set end position (Lat./Long., nearest 1/100th degree – decimal format)’;
(g) in Section D.2, points (k), (l), (m) and (n) are replaced by the following:
‘(k) If any marine mammals, seabirds, reptiles or other species of concern were caught, report as per requirements described in Section G
(l) If any benthic material, including VME Indicator Taxa, was caught record as per the requirements described in Section H
(m) Estimated catch of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa
(n) Record any bycatch mitigation measures employed and bait type, using types as described below and providing detail as required:
(i) Tori lines – if so, record details as described in Section M
(ii) Bird baffler(s) – if so, record details as described in Section O
(iii) Offal management – if so, record as per below:
(i) No discharge during shooting and hauling
(ii) Only liquid discharge
(iii) Waste batching ≥ 2 hours/other/none
(iv) Night setting, (when setting is restricted to between the times of nautical dusk and nautical dawn)
(v) Line weighting – if so, record details as described in Section M
(vi) Bait type – record if fish/squid/mixed; live/dead/mixed; frozen/thawed/mixed; synthetic
(vii) Other – if so, record details’;
(h) in Section D.2, points (p), (q) and (r) are deleted;
(i) Section E is replaced by the following:
‘E. Length-frequency data to be collected
Representative and randomly sampled length-frequency data are to be collected for the target species and, time permitting, for other main by-catch species. Length data shall be collected and recorded at the most precise level appropriate for the species (cm or mm and whether to the nearest unit or unit below) and the type of measurement used (total length, fork length, or standard length) shall also be recorded. If possible, total weight of length-frequency samples for each species shall be recorded, or estimated and the method of estimation recorded, and observers may be required to also determine sex of measured fish to generate length-frequency data stratified by sex.
1. Commercial Sampling Protocol
(a) Fish species other than skates, rays, and sharks:
(i) Fish length shall be measured, consistent with Section P, to the nearest cm for fish which attain a maximum length greater than 40 cm
(ii) Fish length shall be measured, consistent with Section P, to the nearest mm for fish which attain a maximum length less than 40 cm
(b) Squid:
Mantle length shall be measured to the nearest cm
(c) Skates and rays:
Maximum disk width shall be measured
(d) Sharks:
Appropriate length measurement to be used shall be selected for each species (see Section P). As a default, total length shall be measured.
(e) Marine mammals and reptiles (as possible):
Total length shall be measured wherever possible
2. Scientific Sampling Protocol
For scientific sampling of species, length measurements may need to be made at a finer resolution than specified in point 1.
Measurement standards for invertebrates (such as crabs or lobsters) shall be developed as required in line with the development of the associated exploratory fishery.’;
(j) Section F.1 is replaced by the following:
‘1. The following biological data shall be collected for representative samples of the main target species and, time permitting, for other main by-catch species contributing to the catch:
(a) Species
(b) Length (mm or cm). Measurement precision and type shall be determined on a species-by-species basis consistent with that defined in Section E above
(c) Type of length measurement used (namely total length, fork length, etc.)
(d) Sex (male, female, immature, unsexed)
(e) Maturity stage (for sharks, report if pregnant, and how many (if any) eggs/pups found)’;
(k) in section G.1, point (e) is replaced by the following:
‘(e) If dead, then collect adequate information or samples for onshore identification in accordance with pre-determined sampling protocols. Where this is not possible, observers may be required to collect sub-samples of identifying parts, as specified in biological sampling protocols.
__________________________
Options include: return of carcasses for necropsy, photographs taken using appropriate protocols or tissue or feather samples for genetic determination.’;
(l) Sections G.2 and G.3 are replaced by the following:
‘2. Record sex of each individual for taxa where this is feasible from external observation, for example pinnipeds, small cetaceans or Elasmobranchii species of concern.
3. Record the length of each individual (cm), with record of the type of length measurement used. Measurement precision and type shall be determined on a species by species basis.’;
(m) in Section G, the following point is added :
‘4. Record the life-history stage of each individual where this is feasible (namely juvenile/adult).’;
(n) Section H is replaced by the following:
‘H. Detection of fishing in association with VMEs
1. For all bottom fishing events, including trawl, bottom line, and potting, the following data are to be collected for all benthic taxa caught:
(a) Species (or accompanied by a photograph where identification to genus or species level is difficult).
(b) An estimate of the quantity (to the nearest 0,1 kg) of each listed benthic taxon caught in the fishing event.
(c) The method of weight estimation (for example visual estimate, weighed in full, accurate count of bins multiplied by number of bins) (note this information is not collected by the SPRFMO Secretariat, but shall be available upon request).
(d) Where possible, and particularly for new or scarce benthic species which do not appear in the guides for the identification of species, whole samples shall be collected and suitably preserved for identification on shore.
(e) Wherever possible, observers shall collect samples and images according to pre-determined specific research programmes implemented by the SPRFMO Scientific Committee or national scientific research.
2. For all bottom fishing events, the following data are to be collected for all taxa identified as VME indicators as defined in Annex XVII:
(a) An estimate of the quantity (to the nearest 0,1 kg) of each VME indicator taxon caught in the fishing event.
(b) Wherever possible, a photograph of a representative sample of each VME indicator taxon caught in the fishing event, archived by the flag Member State through its Observer Programme in a way that allows the photograph to be linked to the specific weight record for the fishing event.
(c) Wherever possible, a photograph of the entire quantity of each VME indicator taxon caught in the fishing event, archived by the flag Member State, through its Observer Programme, in a way that allows the photograph to be linked to the specific weight record for the fishing event.
3. For each observed trawl, the following data are to be collected for all taxa identified as VME indicators in Annex XVII using the appropriate VME Encounter template:
(a) A record of whether the weight of any of the VME indicator taxa in the trawl catch exceeded taxa-specific weight thresholds as defined in Annex XVIII.
(b) A record of whether three or more VME indicator taxa in the trawl catch exceeded taxa-specific weight thresholds as defined in Annex XVIII.’;
(o) in Section I, point (j) is replaced by the following:
‘(j) Location of capture (Lat./Long., to the nearest 1/10th degree)’;
(p) in Section J.2, point (d) is replaced by the following:
‘(d) The reporting of catches and biological sampling procedures are to be prioritised among species groups as follows:
The allocation of observer effort among these activities will depend on the type of operation and setting. The size of sub-samples relative to unobserved quantities (for example number of hooks examined for species composition relative to the number of hooks set) is to be explicitly recorded as per the requirements of the Member State Observer Programme.’;
(q) in Section O.1, point (e) is replaced by the following:
‘(e) Unique Vessel Identifier / IMO number (if allocated)’;
(r) in Section O.3, point (d) is replaced by the following:
‘(d) Indicative fishing area (decimal Lat./Long., nearest 1/10th degree – to the extent possible)’;
(s) the following section is added:
‘P. Standard for length measurements
1. Total length shall be used for the following fish species:
(a) Groupers, seabasses (Serranidae)
(b) Oreo dories (Oreosomatidae)
(c) Grenadiers, rattails (Macrouridae)
(d) Hake (Merluccidae)
(e) Hapuka (Polyprion spp.)
(f) Cusk eels, brotulas (Ophidiidae)
(g) Moras (Moridae)
(h) Pelagic armourheads (Pseudopentaceros spp.)
(i) Rockfishes, rockcods, and thornyheads (Sebastidae spp.)
(j) Scorpionfishes (Scorpaenidae)
(k) Slimeheads (Trachichthyidae)
(l) Antarctic toothfishes (Dissostichus spp.)
(m) Any shark or chimaera species not otherwise listed (see FAO fisheries technical paper 474 on measuring sharks)
2. Fork length shall be used for the following fish species:
(a) Amberjacks (Seriola spp.)
(b) Barracouta (Gempylidae)
(c) Bluenose warehou (Hyperoglyphe antarctica)
(d) Alfonsinos, etc. (Berycidae)
(e) Driftfishes (Nomeidae)
(f) Cardinalfishes, etc. (Apogonidae)
(g) Chilean Jack mackerel (Trachurus murphyi)
(h) Chub Mackerel (Scomber japonicus)
(i) Morwongs (Nemadactylus spp.)
(j) Emperors (Lethrinidae)
(k) Pomfrets, ocean breams (Bramidae)
(l) Snappers (Lutjanidae)
(m) Snake mackerels (Gempylidae)
(n) Other warehous (all)
3. Standard Length shall be used for:
(a) Orange roughy (Hoplostethus atlanticus)
4. Mantle length shall be used for:
(a) Squid (all including Dosidicus gigas)’;
(3) the following annexes are added :
‘Annex XIV Bottom fishing management areas
(a) Bottom Trawl Fishing Management Area coordinates
(b) Mid-water Trawl Fishing Management Area coordinates
(c) Bottom Line Fishing Management Area coordinates
Figure 1: SPRFMO management area overview
Legend:
- SPRFMO Management Areas: Overview
- Bottom Trawl (Also allowed: Mid-water Trawl and Bottom Line)
- Bottom Line Only
- Mid-water Trawl (Also allowed: Bottom Line)
- Exclusive Economic Zone
- Evaluated Area
Figure 2: SPRFMO Bottom Fishing Management Areas for the Louisville Ridge
Legend:
- SPRFMO Management Areas: Louisville Ridge
- Bottom Trawl (Also allowed: Mid-water Trawl and Bottom Line)
- Bottom Line Only
- Mid-water Trawl (Also allowed: Bottom Line)
- Exclusive Economic Zone
- Evaluated Area
Figure 3: SPRFMO Bottom Fishing Management Areas for the Tasman Sea
Legend:
- SPRFMO Management Areas: Tasman Sea
- Bottom Trawl (Also allowed: Mid-water Trawl and Bottom Line)
- Bottom Line Only
- Mid-water Trawl (Also allowed: Bottom Line)
- Exclusive Economic Zone
- Evaluated Area
Annex XV Fishery management areas
Coordinates for each fishery management area
Figure 1: Fishery Management Areas for the Louisville Ridge
Legend:
- SPRFMO Management Areas: Louisville Ridge
- Exclusive Economic Zone
- Evaluated Area
- Fisheries Management Areas (FMAs)
- Bottom Trawl (Also allowed: Mid-water Trawl and Bottom Line)
- Mid-water Trawl (Also allowed: Bottom Line)
- Bottom Line Only
Figure 2: Fishery Management Areas for the Tasman Sea
Legend:
- SPRFMO Management Areas: Tasman Sea
- Exclusive Economic Zone
- Evaluated Area
- Fisheries Management Areas (FMAs)
- Bottom Trawl (Also allowed: Mid-water Trawl and Bottom Line)
- Mid-water Trawl (Also allowed: Bottom Line)
- Bottom Line Only
Annex XVI List of VME Indicator Taxa
Annex XVII Weight threshold for triggering the VME encounter protocol in any one tow for a single VME Indicator Taxon
Annex XVIII Weight threshold for triggering the VME encounter protocol in any one tow for three or more different VME Indicator Taxa
Annex XIX Observer coverage levels in bottom fishing
Annex XX SPRFMO inspection flag and pennant
Figure 1: SPRFMO inspection flag
Figure 2: SPRFMO boarding pennant
’.
ANNEX II
The following annexes are added to Regulation (EU) 2021/56:
‘Annex II Satellite buoy deactivation report
▌Data fields of the first communication of the buoy after being activated to be used in each report:
(i) date [YYYY/MM/DD];
(ii) time [hh:mm];
(iii) buoy identifier code;
(iv) latitude [expressed in degrees and minutes in decimal values];
(v) longitude [expressed in degrees and minutes in decimal values];
(vi) speed [knots]; and
(vii) reason of deactivation: signal loss, stolen FAD, beaching, temporarily during closure periods, transferred ownership, FAD outside the areas specified in paragraph 2a, point (e), of Article 6 of Regulation (EU) 2021/56. ▌
Annex III Satellite buoy remote reactivation report
▌Data fields of the last communication of the buoy before being deactivated to be used in each report:
(i) date [YYYY/MM/DD];
(ii) time [hh:mm];
(iii) buoy identifier code;
(iv) latitude [expressed in degrees and minutes in decimal values];
(v) longitude [expressed in degrees and minutes in decimal values];
(vi) speed [knots]; and
(vii) reason of remote reactivation: recovery of a signal loss, after a temporary deactivation during the closure period, or transfer of ownership while FAD is at sea, other (specify).
Annex IV Principles for non-entangling and biodegradable designs of Drifting Fish Aggregating Devices (DFADs)
Figure: Example of a non-entangling, biodegradable FAD
Legend:
- Biodegradable non-entangling cover: if it is covered with mesh net, it must have a stretched mesh size less than 7 cm and the mesh net must be well wrapped around the whole raft so that there is no loose netting hanging below the FAD when it is deployed
- Bamboo raft
- Rope: if mesh net is used, it must be tied as tightly as practicable in the form of sausages, or have a stretched mesh size less than 7 cm in a panel
- Bamboo
- Cloth attractors
- Weights
DFADS shall be constructed with no netting or entangling material in either the surface structure (raft) or the submerged structure.
For the purposes of this Regulation, the following DFAD categories are identified, on the basis of their degree of biodegradability (from non-biodegradable to 100 % biodegradable), with the understanding that the respective definitions do not apply to the electronic buoys that are attached to FADs in order to track them:
− Category I: the DFAD is made of fully biodegradable materials;
− Category II: the DFAD is made of fully biodegradable materials except for plastic-based flotation components (for example plastic buoys, foam, purse-seine corks);
− Category III: the subsurface part of the DFAD is made of fully biodegradable materials, whereas the surface part and any flotation components contain non-biodegradable materials (for example synthetic raffia, metallic frame, plastic floats, nylon ropes);
− Category IV: the subsurface part of the FAD contains non-biodegradable materials, whereas the surface part is made of fully biodegradable materials, except for, possibly, flotation components;
− Category V: the surface and subsurface parts of the FAD contain non-biodegradable materials.
Annex V Definitions
(1) EM (electronic monitoring) means the use of EM equipment to record a vessel’s activities.
(2) EMS (Electronic Monitoring System) means a system for implementing EM aboard vessels, and for collecting, processing, and analysing the resulting EM records.
(3) EM standards means the agreed standards, rules, and procedures governing the establishment and operation of an EMS, applicable to all components of the system as they may be used for specified vessels in a specific area and/or type of fishing activity.
(4) EMS Programme means a national or regional programme established for implementing an EMS.
(5) EM equipment means a network of electronic cameras, sensors and/or data storage devices installed on vessels and used to record these vessels’ activities.
(6) EM records means images and other data recorded by the EM equipment.
(7) EM data means data resulting from analysis of EM records.
(8) EM analysis means the analysis of EM records to produce EM data.
(9) EM analyst means a person qualified to analyse EM records and produce EM data.
(10) EM review centre means a facility where EM records are analysed to produce EM data.
(11) EM coverage means the proportion of the vessels or fishing activities that is effectively covered by the EMS.
(12) EM review rate means the proportion of EM records that are analysed to produce EM data.
(13) EM service provider means a provider of EM equipment and/or technical and logistical services.
Annex VI Minimum technical requirements, performance standards, camera view of fishing activities under coverage by EMS, and recommended configurations for EM equipment for each vessel type
(1) EM equipment
- The EM equipment shall be protected against onboard power outage, with a backup power system capable to keep operating until the vessel power is restored (for example 30 minutes). It shall also be capable of saving EM records collected when the vessel power is down for longer periods than the backup system was designed to withstand.
- Digital video is typically preferred for capturing information during the different phases of vessel activity, but still images can also serve as a viable option, especially where storage capacity is limited. An optimal configuration can involve a camera setting, using video for specific areas, cameras, or moments, while utilising still photos for others.
- EM records shall include, at a minimum, location, date, and time stamps, and to the extent possible, vessel ID, and be capable of being integrated with other data collection and monitoring tools (for example sensors).
- The onboard interface shall include an on-board screen, or equivalent interface, to allow verification by the master or crew as regards the correct functioning of the EM equipment.
- The EM provider shall ensure that radio frequency interference from EM equipment with other on-board vessel communication, navigation, safety, geolocation devices or fishing equipment is prevented.
- EM Equipment shall automatically and autonomously collect EM records to generate the required EM data and shall be tamper-evident/resistant and shall record automatic alerts which shall be provided to the appropriate EM Coordinator and EM provider in near-real-time in cases of malfunctions, manual activation/shutdown, manual data input, external data manipulation, or attempts to tamper with the equipment or EM records. If those recorded automatic alerts cannot be sent in near-real-time to the EM programme coordinator and EM provider, they shall be provided as soon as possible, along with other EM records at the end of the corresponding trip. It shall also be possible for data recording to be controlled manually, but only in the event that the EM equipment fails to start or stop automatically, and any manual activation shall trigger an automatic alert. Manual shutdown shall not be permitted.
(2) Cameras
- Cameras shall be sufficient in number and quality to meet the data requirements of the EMS, with high-resolution images that allow the identification of species, specific fishing activities and the vessel’s surroundings.
- Onboard EM hardware components shall be sufficiently dust and water resistant and durable enough to operate reliably under the range of conditions expected in their location on vessels.
- Cameras shall be capable of recording video and/or still images, as appropriate to the purpose of the individual camera. For cameras used for species identification, video shall have a resolution no less than 720p, with a minimum frame rate of 5-10 FPS. Still images shall have a minimum capture interval of no more than 1 second, with a resolution of no less than 2MP.
- Placement of cameras shall provide clear and unobstructed views of the areas that are being covered.
- On purse-seine vessels, the cameras shall cover, at a minimum, the working deck (both port and starboard sides), the net sack and the brailer, the foredeck or amidships, and (if applicable) the well deck and conveyor belt. Descriptions and image for an example of camera locations in class 2-6 purse-seiners is provided in Table 1 and Figure 1.
- On longliners, the cameras shall provide, at a minimum, a view of all hooked fauna, both those brought aboard the vessel and, when possible, those discarded or released without first being brought aboard the vessel. Descriptions and an image for an example of camera locations on longliners that would provide these views are provided in Table 2 and Figure 2.
- Cameras shall be able to record activities in low and very bright natural light conditions (low and high contrasts). Nocturnal fishing activities involving species captured shall be illuminated with sufficient lighting (for example longlines). In these cases, the EM service provider shall test the image quality to ensure there is not excessive glare.
(3) Sensors
- EM equipment may also include sensors for recording non-visual data (for example vessel movement, hydraulic pressure, environmental information), and also possibly mechanisms for activating/disactivating cameras so as to focus visual data collection during activities of interest.
- A GPS sensor or equivalent shall be capable of automatically recording the position and, unless the EM equipment uses cameras that will record continuously, the speed and course of the vessel.
(4) Data storage
- EM equipment shall include sufficient capacity to store all required EM records, including GPS (or equivalent) records, position, date, time, vessel name and sensor information where applicable at a minimum, for the duration of a fishing trip.
- Vessels shall have onboard enough blank data storage devices (preferably solid-state drives) in case these must be replaced at sea. A specially trained crew member may need to replace the devices during a fishing trip if the data storage capacity is exhausted, always in coordination with the EM service provider.
- EM equipment shall include separate duplicate backup devices, to ensure that data are not lost if one device fails.
(5) Compatibility
- EM data shall be submitted to the IATTC in a format compatible with IATTC databases and IT resources such as data structure, units, species identification/other fishing activity codes, etc.).
- Recorded imagery shall be recorded in a widely used and accessible video or image file format, such as MP4 or JPEG.
- All EM Records generated by the EM system shall be compatible with EM analysis software being used by the EM Review Centre where EM Records shall be sent to generate EM data.
(6) EM equipment maintenance
- At sea, all maintenance, repairs and replacement activities of EM equipment shall be conducted by a designated trained vessel crew member(s), only in coordination and when remotely instructed to do so by the EM service provider.
- On land, all maintenance, repairs and replacement activities of EM equipment shall be conducted a technician in coordination with the EM service provider.
- Each vessel shall have a designated crew member responsible for routine camera lenses cleansing, to ensure the clarity of EM records, according to a protocol to be developed by IATTC scientific staff. Appropriate cleaning materials must be used to avoid lense damage, and shall always be available onboard.
TABLE 1. An example for the location of cameras in class 2-6 purse-seine vessels.
TABLE 2. A first example for location of cameras in longliners.
The following are examples of camera installation design, which are based on information gathered from EM service providers and international initiatives (e.g. Carnes et al. 2019):
Legend:
A:
- C1 :105° FAD deployments and retrievals.
- C2 :105° By-catch rate, Discards, Preliminary species identification, Preliminary species size composition.
- C3 :180° Floating object presence/absence for set type determination, FAD deployment, FAD approaches.
- C4 : 105° Brail tonnage, Species identification, Species size composition.
- C5 : 180° Number of speedboats used in the set, FAD deployment, by-catch fate, discards.
B:
- C6- C8 :105° Identification of wells loaded, Species identification, Species size composition.
- C4: 105° FAD deployment, FAD checking.
C:
- C1 :180° Floating object presence/absence for set type determination, FAD deployment.
- C2 :105° Species identification, By-catch fate, Discards, Species size composition, Number of speedboats used in the sea-
- C3 :105° FAD deployment, Brail tonnage, Species identification, Species size composition, By-catch fate, Discards.
- C4 : 105° FAD deployment, FAD checking.
FIGURE 1. Cameras’ configuration and fishing activities to record on the main deck (A) and the well deck (B) of the Class-6 tuna purse-seine vessels, and on the Class-2 vessel (C).
Legend:
A:
- 1 : Set start, Set end, Number of hooks used by set and basket.
- 2 :Hauling start, Hauling end, Number of hooks used by set and basket, Catch enumeration and its location by hook, Catch and by-catch species identification and by-catch fate.
- 3 : Catch and by-catch species identification, fate of by-catch species.
- 4 : Catch and by-catch species identification and by-catch fate, catch processing.
B:
- Camera mounted over processing deck for species ID
- Camera mounted outside of rail, mounted on boom to show exterior of vessel
- Mainline
- Roller
- Fish door
- Deck
- Ice hold
- Rail
Figure 2. Provisional cameras configuration and fishing activities to record on board a large longline vessel (A), and (B) on a small Hawaii longline vessel EM camera configuration. Bottom picture taken from Carnes et al. (2019).
Annex VII Minimum data requirements for vessel type
— Minimum data fields for purse-seine activities to be collected and submitted, presented in Table 1.
— Minimum data fields for longline activities to be collected and submitted, presented in Table 2.
Table 1. Data fields to be collected, at a minimum, for the purse-seine fishery.
Table 2. Data fields to be collected, at a minimum, for the longline fishery.
Annex VIII Contents of the EM Vessel Monitoring Plan (VMP)
The VMP shall meet the following conditions:
1. The VMP shall be developed for each vessel or group of vessels on which EM equipment is to be installed and shall be delivered to the flag Member State competent authorities.
2. The VMP shall be developed in collaboration with the EM service provider, vessel owner and relevant flag Member State fishing authorities.
3. A survey of each vessel or example vessel for a group of vessels intended for EM equipment installation shall be conducted by either the EM provider or flag Member State fishing authorities. During this survey, the following aspects shall be considered in the development of the VMP, aimed at ensuring that the system meets the minimum data collection requirements outlined in Annex VII:
(a) camera placement and settings;
(b) number of cameras to be installed to ensure optimisation of the view of the catch-handling area;
(c) key areas to be surveyed are catch handling areas for species identification and storage of the individuals and areas of discards or release. ▌
4. The minimum information to be contained in a VMP shall include:
(a) contact information: current contact information for the vessel owner, vessel operator and EM service provider as long as the contract lasts;
(b) general vessel information: basic information about the vessel and its fishing activities and operations (such as vessel name, registration number, target fishery, fishing areas, fishing gear, length overall);
(c) fishing gear type and configuration;
(d) vessel layout: equipment of the vessel with detailed information, plan of the vessel disposition and different areas (such as deck, processing, storage -including number of wells ▌ );
(e) EM equipment set up: description of the settings of the EM equipment, such as time running, number of cameras, settings of the cameras (frame rate and resolution), and areas covered, time recording for each of the cameras, number of sensors, where applicable, software used, control box disposition, etc.;
(f) catch handling procedures: description of the crew and their operations;
(g) an example of a view from each required camera view.
5. Any physical changes to the vessel, modifications in vessel categorisation (fleet segmentation), or adjustments to the catch handling deck, including those resulting in the vessel no longer belonging to its original group, shall be reported to the flag Member State authorities. Subsequently, the VMP shall be updated accordingly before the commencement of the next fishing trip.
6. The VMP shall be signed off by the vessel owner and approved by the flag Member State competent authority or its designated institutions.
7. The EM equipment shall not compromise vessel stability, posing risks to vessel operations, crew safety, or the environment. Additionally, it shall not hinder the vessel's safe navigation.
EM Vessel Monitoring Plan template example
EM Vessel Monitoring Plan
Part A
To be provided by the vessel owner to the competent authority of flag Member State or its designated institutions
1. Information provided by the owner of the vessel
Description of the crew fish handling and any other useful details
(1) If available, copy or image of the vessel general arrangement plan
(2) General layout and handling (not necessarily to scale)
(3) General remarks
Part B
To be provided and validated by flag Member State competent authority ▌
(4) Vessel image
(5) EM equipment configuration
(6) System Operation – General Description
(7) System Components Location
Part C
(To be completed by the EM service provider)
(8) EM User Guide
(9) Description of how to retrieve memory devices
(10) Description of how to power up the system
(11) Description of how to do a function test
(12) Vessel-specific handling protocols
(13) Description of any special protocols that may apply to the vessel referred in the VMP
(14) Description and diagrams of control points with specific procedures carried out. For each area description, there must be a protocol on how to ensure the catch remains in camera view
Part D
▌ To be completed by the EM service provider ▌
List of EMS service provider’s contact information:
Part E
▌ To be completed by the vessel owner and the EM service provider ▌
This part shall certify that the vessel owner/operators have been trained in and understand the function and operation on the EMS installed on the vessel, and that the operator agrees to comply with the VMP.
Annex IX Logistical and data analysis and reporting standards
Data transfer
- The vessel ▌ shall allow for the recovery and secure transmission of EM records at the end of each trip.
- A detailed protocol on how to retrieve the data from the vessel to the authorities or to the EM review centre shall be established and agreed on in the VMP by both the vessel owners and the vessel authority.
- When EMS records are transmitted (via Wi-Fi, mobile data network or satellite, or hard disk delivery), the transmission of the data shall be done at the end of the fishing trip where possible. If not possible, the data shall be securely stored and transmitted without delay and at the earliest opportunity.
- Irrespective of the data transfer method used for EM records, the transmission shall ensure the information is properly encrypted. Additionally, an encrypted storage device containing the same EM records information shall remain on board as backup. The deletion of records from the vessel's backup devices shall occur only once the EM records have been converted to EM data at the EM review centre.
Data review
- EM data shall be generated by the programme that monitored that trip. Provided that standard protocols and procedures are followed, Member State authorities may choose whether to contract the work out through a commercial EM review service provider, authorised contractor, or do it themselves.
- EM equipment shall include separate backup devices, to ensure that data are not lost if one device fails.
▌
Data analysis and reporting standards
Training
- Member States shall design and organise training courses for EM analysts, with input from IATTC staff, EM service providers and other experts, where necessary.
- EM analyses shall be conducted only by qualified EM analysts, ideally possessing some experience in fishing activities, with skills on how to use the dedicated analysis software and observe and record accurately data to be collected under the programme. EM analysts shall not be employees of a fishing vessel company involved in the observed fishery or have other direct conflicts of interest.
Automation
- When feasible, make EM data generation automatic and user-friendly to expedite EM analysis and directly include information in EM data or reports.
- EM records subject to EM analysis shall contain at least the vessel name and vessel ID and trip ID, camera number, geolocation data (date, time (UTC), latitude and longitude), sensor data where applicable, camera recording status and EM equipment system status, where available, and images.
Data quality
- The EM analysis shall involve a dedicated software, which shall permit the analysis of all the stored data, images, and sensor data where applicable, in a synchronised way. Member States shall ensure that data analysis procedures ensure traceability and effective analysis of data, and include routines to flag potential errors, as well as digital measuring tools.
- The EM analysis software shall allow reporting the mandatory minimum data fields requirements established in Tables 1 and 2 of ▌ Annex VII. It may also allow reporting of the voluntary data fields.
Conversion factors
- Standardised species-specific length-weight and weight-number conversion factors, based on peer-reviewed research results and/or empirical data, shall be developed by the IATTC Secretariat, endorsed by the SAC and adopted by the Commission, and updated as necessary.
Format
- Standard formats applicable to reports submitted by human observers shall be used for generating EM data fields (e.g. dates as DDMMYY, latitude and longitude in decimal units, speeds in knots, weights in kg, lengths in centimetres) and creating resulting EM data files (e.g. csv, accdb, xlsx).
Reporting procedure
- EM data shall be submitted via a dedicated cloud-based portal which may be developed by the IATTC Secretariat, or other appropriate means. The portal shall be as user-friendly and automated as possible, and shall include quality control procedures (e.g. format checking, error flagging), as well as automatic reminders for the timely submission of EM data.’.
ANNEX III
The Annexes to Regulation (EU) 2022/2343 are amended as follows:
(1) Annex 2 is replaced by the following:
‘ANNEX 2 A - Guidelines for preparation of drifting fish aggregating device (DFAD) management plans
The DFAD management plan (DFAD–MP) to be submitted to the Commission by Member States with fleets fishing in the IOTC area of competence, associated to DFADs, should include:
1. An objective
2. Scope
Description of its application with respect to:
− vessel-types and support and tender vessels
− DFAD numbers and DFADs beacon numbers to be deployed
− reporting procedures for DFAD deployment
− incidental bycatch reduction and utilisation policy
− consideration of interaction with other gear types
− plans for monitoring and retrieval of lost DFADs
− statement or policy on “DFAD ownership”
3. Institutional arrangements for management of the DFAD Management Plans:
− institutional responsibilities
− application processes for DFAD and /or DFAD beacons deployment approval
− obligations of vessel owners and masters in respect of DFAD and /or DFAD beacons deployment and use
− DFAD and/or DFADs beacons replacement policy
− reporting obligations
4. DFAD construction specifications and requirements:
− DFAD design characteristics (a description)
− DFAD markings and identifiers, including DFADs beacons
− lighting requirements
− radar reflectors
− visible distance
− radio buoys (requirement for serial numbers)
− satellite transceivers (requirement for serial numbers)
− sonars (make and technical specifications)
5. Applicable areas:
- Details of any closed areas or periods e.g. territorial waters, shipping lanes, proximity to artisanal fisheries, etc.
6. Applicable period for the DFAD–MP.
7. Means for monitoring and reviewing implementation of the DFAD–MP.
8. DFAD logbook template (data to be collected specified in Annex 3).
B - Guidelines for preparation of anchored fish aggregating device (AFAD) management plans
AFAD Management Plans (AFAD-MP) to be submitted to the Commission by Member States with fleets fishing in the IOTC area of competence, associated to AFADs, shall include:
1. An objective
2. Scope:
Description of its application with respect to:
− Vessel types
− AFAD numbers and/or AFAD beacon numbers to be deployed (per AFAD type)
− reporting and/or recording procedures for AFAD deployments
− plans for monitoring and retrieval of lost AFADs
− statement or policy on “AFAD ownership”
3. institutional arrangements for management of the AFAD Management Plans:
− institutional responsibilities
− regulations applicable to the setting and use of AFADs
− at-sea AFAD repairs, maintenance rules and replacement policy
− data collection system
− reporting obligations
4. AFAD construction specifications and requirements:
− AFAD design characteristics (a description)
− AFAD markings and identifiers, including AFAD beacons, if any
− lighting requirements, if any
− radar reflectors, if any
− radio buoys, if any (requirement for serial numbers)
− satellite transceivers, if any (requirement for serial numbers)
− echo sounder, if any
5. Applicable areas:
− details of any closed areas e.g. shipping lanes, marine protected areas, reserves, etc.
6. Means for monitoring and reviewing implementation of the AFAD–MP.
7. Methodologies for recording and reporting data specified in Annex 3.’;
(2) Annex 3 is replaced by the following:
‘ANNEX 3 Data collection for drifting fish aggregating devices (DFADs) and their instrumented buoys
(a) For each activity on a DFAD, floating object and/or instrumented buoy, whether followed by a set or not, each fishing, supply vessel shall report the following information:
(b) If the visit is followed by a set, the results of the set in terms of catch and bycatch, whether retained or discarded dead or alive shall be recorded according to the table below. Member States shall report these data aggregated per vessel at 1 latitude degree per 1 longitude degree (where applicable) to the Commission.
(c) Classification of floating objects:
(d) Classification of activities with floating object:
(e) Classification of activities with instrumented buoys
(f) Classification of outcome of DFADs deployed:
Data collection for anchored fish aggregating devices (AFADs)
(a) Any fishing activity around an AFAD including catch and bycatch, whether retained or discarded dead or alive.
(b) For each activity on an AFAD (including repair, intervention consolidation, etc.), whether followed or not by a set or other fishing activities, the;
(i) Position (as the geographic location of the event (Latitude and Longitude) in degrees and minutes)
(ii) Date (as DD/MM/YYYY, day/month/year)
(iii) AFAD identifier (namely AFAD national identification number, beacon ID or any information allowing to identify the owner).’;
(3) the following annexes are inserted:
‘ANNEX 3a Design and construction of drifting FADs
Examples for the design and deployment of DFADs
(a) The surface structure of the DFAD shall not be covered, or shall be covered only with non-meshed material. No shade cloth or other entangling materials such as netting shall be used in the construction of the raft. The sub-surface structure of DFADs shall not exceed a length of 50 metres.
(b) If a sub-surface component is used, it shall not be made from netting, but from non-meshed materials such as ropes or canvas sheets.
Legend:
- Instrumented buoy
- Surface Raft
- Biodegradable frame
- Float
- Biodegradable main rope
- Non-meshed and biodegradable attractors
- Weight
- Sub-surface raft
- GPS and echosounder buoy
- Non-meshes and biodegradable cover
- Cube
- Floats
- Biodegradable rope
- Jelly-FAD
- Surface float
- Non-meshed biodegradable canvas
- Submerged float
- Subsurface attractor
- Submerged structure
- Vertical Structure
- Subsurface structure
Legend:
- Biodegradable non-entangling cover
- Bamboo raft
- Rope
- Bamboo
- Cloth Attractors
- Weights
ANNEX 3b Categorisation of DFAD according to their level of biodegradability
For the purposes of this Regulation, the following DFAD categories are identified, on the basis of their degree of biodegradability (from non-biodegradable to 100 % biodegradable), with the understanding that the respective definitions do not apply to the electronic buoys that are attached to DFADs in order to track them:
− Category I: the DFAD is made of fully biodegradable materials;
− Category II: the DFAD is made of fully biodegradable materials except for flotation components (e.g. buoys, foam, purse-seine corks);
− Category III: the subsurface part of the DFAD is made of fully biodegradable materials, whereas the surface part and any flotation components contain non-biodegradable materials (e.g. synthetic raffia, metallic frame, plastic floats, nylon ropes);
− Category IV: the subsurface part of the DFAD contains non-biodegradable materials, whereas the surface part is made of fully biodegradable materials, except for, possibly, flotation components;
− Category V: the surface and subsurface parts of the DFAD contain non-biodegradable materials.’;
(4) in Annex 4, the following line is added in the table:
(5) the following annex is added:
‘ANNEX 11 Electronic monitoring standards for IOTC fisheries
PART 1: IOTC electronic monitoring programme standards
General
National/Regional data collection Programs using Electronic Monitoring Systems (EMS) that are certified by the flag Member State competent authority as meeting the minimum standards of the Electronic Monitoring Program (EMP) as adopted by IOTC may be included within IOTC Regional Electronic Monitoring Program (REMP).
Objectives
The objective of the IOTC REMP is to collect, via EMS, verified catch data and other scientific data relating to the fisheries for tuna and tuna-like species in the IOTC area of competence and achieve the EM observer/review coverage to meet the requirements of IOTC Resolution on Regional Observer Scheme (ROS).
Purpose:
The purpose of IOTC REMP is to allow Member States to utilise EMS to collect data to assist the European Union in meeting the requirements of IOTC Resolution on a Regional Observer Scheme, including in situations where onboard observer coverage is low or non-existent.
The REMP aims to improve the quantity and quality of fishery data and the monitoring of IOTC fisheries and address gaps in the collection and verification of fishery data. The REMP may also in the future help Member States meet the requirements of other obligations.
Scope:
IOTC’s REMP provides a framework for the development of EMS in the following IOTC fisheries:
− purse-seine vessels over 24 metres in length overall and under 24 metres in length overall when fishing outside their EEZs;
− longline vessels over 24 metres in length overall and under 24 metres in length overall when fishing outside their EEZs;
− gillnet vessels over 24 metres length overall and under 24 metres in length overall when fishing outside their EEZs;
− pole and line vessels over 24 metres length overall and under 24 metres in length overall when fishing outside their EEZs;
− vessels using other gear types and under 24 metres in length overall (when fishing in the high seas).
IOTC’s REMP or any National EMP, under IOTC’s REMP, shall ensure that the data collected through EMS are documented and that all ROS minimum data standard requirements (e.g. “Mandatory Reporting”), if necessary complemented with any additional monitoring programme (e.g. port sampling, biological sampling, etc.), are collected by EMS.
Definitions:
(1) Electronic Technologies (ET) means any electronic tool that is used to support fisheries-dependent data collection, both on shore and at sea, including electronic reporting (ER) and electronic monitoring (EM).
(2) Electronic Reporting (ER) means the use of electronic systems (application, software, form or file) to record, store, receive and transmit fisheries data.
(3) Monitoring means the requirement for the continuous collection of fishery-related data.
(4) Electronic Monitoring (EM) means the use of electronic devices to record a fishing vessel’s activities using video technology linked to a Global Position System (GPS), which may include sensors.
(5) EM Programme means a process administered by a national or regional administration that regulates the use of EMS on vessels to collect and verify fisheries data and information through an implementation of an EMS in a defined area and/or fishery.
(6) EM Programme standards means the agreed standards, specifications and procedures (SSP) governing the establishment and operation of an EM Programme, applicable to all components of the EMS.
(7) EM data standards means the agreed subset of data requirements by the IOTC Regional Observer Scheme (ROS) that could be collected by the EMS.
(8) EM records means imagery, and possibly sensor, or raw data linked to positional data collected by an EM equipment that can be reviewed to produce EM data.
(9) EM data means processed/analysed data produced through review of EM records that conforms with the EM data standards.
(10) EM equipment means a network of electronic cameras, sensors and data storage devices installed on a vessel and used to record the vessel’s activities.
(11) Vessel Monitoring Plan (VMP) means the vessel’s EM equipment characteristics and how the vessel’s EM equipment is installed and configured to monitor fishing activities and meet the EM Programme and EM Data Standards as required by the IOTC Regional Electronic Monitoring Programme.
(12) EM review means the review of EM records by EM observers/reviewers to produce EM data.
(13) EM observer/reviewer means a person qualified to review EM records, store and produce EM data in accordance with the EM Data standards and analysis procedure.
(14) EM review system means an application software used by the EM observer to review the EM records and produce the processed EM data as per the EM data standards.
(15) EM review centre means a local, national, or regional office facility where EM records are received and reviewed to produce and store EM data.
(16) EM review provider means a third-party provider of EM review services to review EM records to produce EM data. The same third-party organisation can provide both the EM equipment and EM review services, but they can also be supplied by different providers.
(17) EM installation coverage means the proportion of vessels by fleet that has EM equipment installed that is operational.
(18) EM record coverage means the proportion of fishing effort for which EM records are collected by installed EM equipment.
(19) EM observer/review coverage means the proportion of fishing effort for which EM records are reviewed to produce EM data and submitted to the IOTC.
(20) EM service provider means a third-party provider of EM equipment (and/or system), technical and logistical services to maintain the EM equipment and monitor its proper functioning.
EM Systems (EMS)
EMS shall be approved and accredited by an appropriate IOTC body (e.g. IOTC Ad hoc Working Group on the Development of Electronic Monitoring Programme Standards, IOTC Working Party on Data Collection and Statistics (WPDCS)) or Member States to ensure that the minimum standards of the REMP (and ROS) are met, including EM equipment installation (through an EM Vessel Monitoring Plan), collection of data consistent with ROS minimum data standards, EM records reviewed by accredited companies/organisations and independence of EMS are maintained. In case that IOTC approved the EMS, the Member State shall submit to the Commission copies of each vessel’s VMP and the Commission will present to the Scientific Committee, as an annex to the EU Reports to the Scientific Committee, a fleet level overview of the EU VMPs.
Data:
EM data submitted by Regional or National EMPs are subject to Resolution 12/02 On data confidentiality policy and procedures concerning the requirements for sharing data in the public domain (e.g. the level of stratification to apply in order to prevent activity from a single vessel to be clearly identified from the published data) and the procedures for the safeguard of records.
EM data collected via EM shall be provided in compliance with the requirements established by the IOTC in Resolution 15/01 On the recording of catch and effort data by fishing vessels in the IOTC area of competence, Resolution 15/02 On mandatory statistical reporting requirements for IOTC Contracting Parties and Cooperating Non-Contracting Parties (CPCs) and IOTC Observer Resolution on Regional Observer Scheme.
EM data shall be submitted to IOTC in accordance with the electronic data format specifications provided by the IOTC Secretariat and adopted by the IOTC, in order for data to be incorporated in the IOTC Regional Observer Scheme database. The EM data shall be properly marked in the database to be distinguished from data collected through onboard human observers.
Operationalising IOTC’s REMP – Accreditation and Auditing of National EMPs
Member States shall request the Commission to apply to the IOTC Secretariat to have its own National EM Programme recognised as part of IOTC’s REMP so as to comply with ROS data minimum standards.
IOTC shall audit the National EM Programmes against the EM minimum standards.
National EM Programmes shall be reviewed and subject to regular and periodic audits as agreed by the IOTC.
IOTC could authorise National EM Programmes approved by other tuna RFMOs.
PART 2: IOTC electronic monitoring system and data standards
(1) EM TECHNICAL MINIMUM STANDARDS
The Technical Minimum Standards shall describe the requirements of the EM. Member States shall ensure all EM equipment installed in their national or subregional programmes are consistent with these technical specifications.
Customised to vessel level: there is no standard configuration that will cover all vessels from fleets operating in the Indian Ocean region, therefore each EM equipment installation must be customised at the vessel level. An EM equipment to be installed on board of a fishing vessel shall consist of a control system connecting a number of cameras, and optionally to a number of different sensors, to collect and record images to address the objectives of the EM Programme. The number of cameras and sensors shall be tailored to each vessel through a Vessel Monitoring Plan to meet overall objectives of the programme rather than being too prescriptive, and shall include a sufficient number of cameras. Although it will depend on the configuration of each particular vessel, as a general setup, cameras shall capture the areas and activities provided in Tables 1 and 2 and Figures 1 to 3 of Part 3 of this Annex . Each vessel shall develop a “Vessel Monitoring Plan” specifying how many and where the cameras are located, and their settings, to collect the required ROS minimum “mandatory” data fields. The collection of some of the required ROS minimum data standards may be complemented by port sampling and/or other data collection methods as described in the IOTC Regional Observer Scheme Data Collection Field. Within a given EM programme, a certain level of harmonisation among vessels may also be necessary (camera placement and settings).
Include sensor/automatic devices: since EM records require large storage capacities, most EMS do not record vessel activities on a full-time basis. The recording by some cameras may be triggered by the detection of gear usage or fishing activity. EMS may therefore include sensors, and other procedures (Computer Vision, Artificial Intelligence), to detect when fishing or other activities of interest occur on board. This will ensure proper EM record acquisition (e.g. trigger video recording when fishing operation starts) and facilitate EM record reviewing.
Include Global Positioning System (GPS): this is required to monitor vessel position, route, speed and provide information on date/time and location of fishing activities. Fishing vessel position and date/time stamps shall be incorporated directly on images or in the metadata of images.
Compatibility: the EMS should ideally be capable of integrating with other Monitoring, Control and Surveillance (MCS) tools (e.g. Vessel Monitoring System).
Robust System: the EM equipment components installed outdoors (such as cameras/camera housing and sensors) shall be capable of resisting rough conditions at-sea and harsh environment on board the vessels.
Secure System: the EM equipment components and data need to be tamper-resistant and tamper-evident, ideally using encrypted data, such that attempts at unauthorised modifications are not possible.
Cameras: digital, high-resolution when possible, cameras covering all areas of interest on the vessel according to the vessel and fishing operations are recommended. Camera placement, settings and recording must assure the detection of vessel activities, catch and bycatch species, and enable accurate species identification (at least for all species under the IOTC mandate). The system shall be able to record activities in low and very bright natural light conditions (low and high contrasts). The cameras must be water resistant and in a self-contained, weather resistant box.
EM records: EM records shall contain the following information: EM record file name including, at a minimum, the vessel name and vessel ID, camera ID, trip ID, geolocation data (date, time (UTC), latitude and longitude), camera recording status, EM health status (when available), images, and sensor data when used.
Independence: the system needs to be self-governing with the exception of minimal maintenance by the crew (e.g. cleaning sensors and cameras). The system may include remote verification of its functionality in real time to collect all information. A designated person shall ensure that the system is working properly before leaving port and at sea, and there shall be a protocol (checklist) for that purpose.
No interference: EM equipment shall not generate or cause radio frequency interference with other on-board vessel communication, navigation, safety, geolocation devices (e.g. VMS) or fishing equipment.
Autonomy: the EM equipment shall have its own uninterruptible power supply or be connected to that of the vessel to ensure that it can work even in the event of a vessel power outage. The EM equipment shall include separate, duplicate backup devices to ensure that data are not lost if a storage device fails.
EM Data storage autonomy: the EM equipment shall have enough storage capacity to store all EM records for a certain period of time, which shall be at minimum a complete trip. The duration will depend on the vessel’s operational characteristics that could range from 4 months (in the case of purse-seiners) to 12 months or more (in the case of longliners).
Interoperability: EMS ideally shall generate EM records that are interoperable between different EM service and review providers and, where possible, integrate with other data collection and monitoring tools.
Maintenance: a designated person on board (and/or on land) shall be designated to maintain the equipment (e.g. cleaning of lenses, etc.) and report to the EM equipment provider and the competent authority (e.g. IOTC or flag state) when the system is malfunctioning at port or at sea so the system is fixed as soon as possible, and shall record any failure of the EM equipment in a dedicated form.
(2) EM LOGISTICAL MINIMUM STANDARDS
EM records retrieval: the EM records shall be transmitted via mobile networks, Wi-Fi, or satellite, or storage device (i.e., SSD or HDD) exchange. For the latter, a protocol to recover and send the storage devices to the designated EM review centre shall also be implemented.
EM record storage: EM records shall be stored by the vessel/company/EM service provider/EM review provider/EM programme administrator for at least 1 year or for the period established in the national/regional EM programmes.
EM records backup: if EM records are automatically transmitted electronically, operational procedures for their receipt and backup shall be implemented taking into account any necessary chain of custody arrangements.
Storage device chain of custody: the EMS must ensure traceability of every storage device and of EM records. The chain of custody of the EMS storage devices and EM records shall be assured.
Frequency: EM programmes shall include requirements on the method and frequency (e.g. after each trip) of EM records transmission to EM review centres, that shall be consistent with the minimum standards established by the Member State, the EU or IOTC.
(3) EM DATA REVIEW MINIMUM STANDARDS
EM review software: EMS shall include software to facilitate the review of EM records and to produce EM data that will allow compiling and reporting in an IOTC common output format for exchange/submission to IOTC. Ideally, EM review software can be used to review EM records collected from different EM equipment providers.
EM review and EM data reporting: EM records reviewing and EM data reporting shall be done by institutions, organisations and independent companies with proven expertise and experience (e.g. work experience with onboard observers). These tasks can be centralised in a “regional EM review centre” when implementing a regional programme and/or can be carried out by national or independent organisations.
EM records and EM data quality check: the reviewing process of EM records shall include quality controls through EM records quality check, EM data entry checks, possible automatic error identification in EM data (e.g. incorrect fishing set positions on land, etc), debriefing of EM observers. The produced EM data shall be checked prior to reporting to the IOTC Secretariat.
EM data: EMS shall allow collecting and reporting, at a minimum, the ROS Minimum Standard Data Fields. EM data shall be submitted to the IOTC Secretariat using IOTC standard forms according to the time frame specified in Resolution 22/04, or any Resolution superseding it. Data confidentiality requirements outlined in Resolution 12/02, Data Confidentiality Policy and Procedures, or any Resolution superseding them, shall apply to all EM data submitted to the IOTC Secretariat.
EM observers’ training: EM observers must have specific qualifications relating to EM record review, which shall be integrated into the regional or national EM programme standards. The EM observer shall participate in specialised training courses that shall be updated upon modification of the EM review protocol to ensure EM data high-quality standards.
EM observers’ qualifications: EM observers must have the ability to review EM records and produce EM data according to IOTC requirements. EM observers shall be familiar with fishing activities and be capable of identifying (i) IOTC species and species of special interest, (ii) IOTC fishing methods, and (iii) IOTC mitigation methods.
Compatibility with ongoing standardised data flow and databases: EM data shall have compatible output format (including usage of standardised, well-established code lists) to allow the exchange of collected information with current IOTC data reporting format and standards, and shall be consistent with IOTC data rules. EM data shall be submitted in an approved electronic data reporting format to the IOTC Secretariat, using IOTC standard codes and units.
Data storage and retention: legal provisions on data protection, storage, and retention by IOTC shall be developed and agreed upon, whether for a REMP or EM National Programmes.
EM records ownership: EM records ownership is of the vessel owner/flag state but shall provide IOTC with the EM data outputs to incorporate in the IOTC database for use, analysis, and disposal as required by the IOTC observers Resolution on Regional Observer Scheme.
Hardware/software ownership: irrespective of the scope of the EM programme, it is recommended that hardware and software license ownership (and maintenance) be of the vessel owner/flag state.
Part 3: Vessel monitoring plans (VMP)
Each vessel shall develop a “Vessel Monitoring Plan” so as to describe the numbers of cameras located to collect the required ROS minimum data fields, position and settings, and key areas to be monitored for fishing activities, catch handling, species identification, fate and storage of the individuals. The VMP shall be developed in collaboration between the EM service provider, vessel owner and fishing authorities.
VMPs shall be signed-off by the vessel owner and finally approved by the flag Member State competent authority, after which they are presented to the WGEMS/WPDCS to ensure they meet IOTC REMP Programme and EM System and Data Standards.
Each VMP shall include information on:
- Contact information: contact information for the vessel owner, vessel operator and EM service provider as long as the contract lasts;
- General vessel information: basic information about the vessel and its fishing activities and operations (e.g. vessel name, registration number, target species, areas, fishing gear, length overall);
- Vessel layout: equipment of the vessel with detailed information, plan of the vessel disposition and different areas (decks, processing area, storage, etc.);
- EM equipment setup: description of the settings of the EM equipment, such as time running, number of cameras and areas covered, time recording for each of the cameras, number and position of sensors (if any), software used, control box location, procedures for checking the proper functioning of the EM equipment installed onboard, etc.
- A snapshot of each camera shall be inserted in the VMP;
- A record on each vessel of the vessel’s EM equipment characteristics and how the vessel’s EM equipment is optimised to meet the EM System and Data Standards.
On purse-seine vessels, the minimum areas that cameras are recommended to cover:
- the working deck (both port and starboard sides);
- the net sack and the brailer;
- the foredeck or amidships (e.g. FAD activity);
- and the well deck and conveyor belt (Murua et al., 2022; Restrepo et al., 2018): for the conveyor belt, in more than one place (e.g. at the beginning and at the end of the conveyor belt as a minimum); if there is a discard conveyor belt, it shall also be covered;
- Cameras must cover the following actions: fishing set, brailing, net hauling, FAD activities, total catch, catch well sorting (process of putting the catch in the hold or wells), bycatch handling and release, and tuna discards (Figure 1 and Table 1);
- In large purse-seines, at least 6 cameras are needed to cover fishing and fish-handling operations; however, less fewer cameras (e.g. 4 cameras) could cover the activity to collect the data required of smaller purse-seines (e.g. 300-400 tonnes capacity).
The preferred EM equipment configuration would be one that allows a greater number of images (frames) of higher quality/resolution. Digital video is generally preferred, but still images can also be a viable option to capture information during the various phases of the vessel’s activity. However, considering that storage capacity is limited, an optimal configuration may capture video on certain areas/cameras and at certain moments, while capturing still photos on or in others. In the case of photographs, the minimum requirement shall be that a picture is taken by the camera with viewing angle fully covering the fish management areas at least every 2 seconds when fishing action occurs (Restrepo et al., 2018). Image quality shall also be adequate to allow accurate collection of all required data field, such as species ID, FAD materials and design, or bait used and, hence, achieve the monitoring objectives.
Any physical changes on a vessel that will affect EMS shall be reported to the flag Member State competent authorities. The VMP shall be updated and approved again by the competent authority as soon as possible.
Any change on the EM equipment (such as installation of a new generation of cameras) shall be reported to the flag Member State competent authorities. The VMP shall be updated and approved again by the competent authority as soon as possible.
Legend:
- Panoramic camera: surrounding activity
- Crows nest camera: fishing deck
- Bow camera: crane activity, partial view of seine
- Starboard camera: bycatch and discards
- Brailing camera: brailing and purse
- Bycatch release method
- Discards identification
- Captures and fates
- Good practices verification
- Capture sampling
- Big species measurement
- Capture description and bycatch release from brail
- Release of netted species
- Close view of the purse allows identifying not landed species condition on release and/or discards
Figure 1. (A) An example of a 6-cameras EM system installed in a purse seiner covering main areas of fishing and fish handling operations (from Murua et al., 2020b) and (B) 7-cameras EM system (4 in the upper deck and 3 in the well deck) installed in a purse seine covering main areas of fishing and fishing handling operations including 1 more camera in the conveyor belt: (B1) 360˚ Panoramic view camera (e.g. port side view), (B2) Crows nest stern view camera, (B3) Working deck crane camera view , (B4) Foredeck view camera, (B5) Conveyor belt stern camera view, (B6) Conveyor belt middle camera, and (B7) Conveyor belt bow camera (source: Digital Observer Services).
Table 1. Minimum areas and actions that shall be monitored.
On longline vessels, the minimum areas and activities that cameras are recommended to cover (Table, 2, Figure 2):
- the area of setting the longline (usually vessel stern site camera),
- the area of hauling the longline,
- the working deck where catch is handled,
- and the surrounding water area for those discarded species not brought onboard
- cameras must cover the following actions: setting of the longline, bait type information, whether mitigation techniques are being used (e.g. tori lines for seabirds), hauling of the longline, all hooked species (both retained and discarded), the fate of the catch, and the size of the specimens.
- on most tuna longlines, at least three cameras are needed to cover fishing activities and fish handling operations: one capturing images when setting the longline, one to record the hauling and boarding of the catch, and other mounted over the processing deck to record species, size of specimens and fate. An additional camera to cover the surrounding water area for those discarded species not brought onboard is also recommended.
Legend:
- Cam 3: Retained Captures, species, size and fate
- Cam 2: Captures and discards; species, size and fate
- Cam 1: Floats, hooks and bait setting
- C1: Stern camera
- C2: Fishing deck 1
- C3: Fishing deck 2
Figure 2. An example of 3-camera EM equipment installed on a longline, covering main areas of fishing and fish handling operations. View of the three cameras: (left panel) Stern camera - setting longline providing information on hooks, floats, mitigation techniques and bait; (middle panel) Fishing deck 1 - hauling information, captures and discards, species ID, size and fate; and (right panel) Fishing deck 2 - fate of the species, size, species ID (source: Digital Observer Services).
Table 2 – General configuration and areas/activities covered by the EM system onboard tropical tuna longline vessels
On pole and line vessels, the minimum areas that cameras are recommended to cover are the area of bait fishing activity, the area of the fishing set and pole and line fishing activity (vessel stern site camera) and the working deck where catch is handled. On a typical Indian Ocean pole and line vessel, this will require at least two or three cameras to cover main fishing activity areas, fish handling operations and bait fishing.’.