Annexes to COM(2009)93 - Multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean - Main contents

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dossier	COM(2009)93 - Multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean.
document	COM(2009)93
date	April 6, 2009

ANNEX I

Additional specific conditions

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

(a)

Each Member State shall ensure that catching vessels to which a special fishing authorisation has been issued are included in a list containing their name and Community fleet register number (CFR) as defined in Annex I to Commission Regulation (EC) No 26/2004. Member States shall issue the special fishing authorisation only when a vessel has been entered into the ICCAT record of catching vessels authorised to fish actively for bluefin tuna.

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

(c)

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

(i)	full details of the intended replacement of the catching vessel referred to in paragraph 3;

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

The Commission shall promptly forward amendments to the ICCAT Secretariat.

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

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

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

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

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

4.	Each Member State shall implement a catch reporting regime that ensures effective monitoring of the utilisation of each catching vessel’s quota.

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

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

(a)	the species and the fishing gear used;

(b)	the catch area and date.

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

(a)	tail tags must be affixed on each bluefin tuna immediately upon offloading;

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

ANNEX II

Specification for logbooks

Minimum specifications for logbooks:

1.	the logbook must be numbered by sheet;

2.	the logbook must be completed every day (midnight) or before port arrival;

3.	the logbook must be completed in case of at sea inspections;

4.	one copy of the sheets must remain attached to the logbook;

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

Minimum standard information for logbooks:

1.	master’s name and address;

2.	dates and ports of departure, dates and ports of arrival;

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

fishing gear:

(a)	type FAO code;

(b)	dimension (e.g. length, mesh size, number of hooks);

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

(a)	activity (e.g. fishing, steaming);

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

(c)	record of catches;

species identification:

(a)	by FAO code;

(b)	round (RWT) weight in kg per day;

7.	master’s signature;

8.	observer’s signature (if applicable);

9.	means of weight measure: estimation, weighing on board;

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

Minimum information in case of landing, transhipment/transfer:

1.	dates and port of landing/transhipment/transfer;

products:

(a)	presentation;

(b)	number of fish or boxes and quantity in kg;

3.	signature of the master or vessel agent.

ANNEX III

ANNEX IV

Catch report form

Flag

ICCAT Number

Vessel name

Report start date

Report end date

Report duration (d)

Catch date

Location of the catch

Caught

Attributed weight in case joint fishing operation (kg)

Latitude

Longitude

Weight (kg)

Number of pieces

Average weight (kg)

ANNEX V

Joint fishing operation

Flag State	Vessel name	ICCAT No	Duration of the operation	Identity of the operators	Vessels individual quota	Allocation key per vessel	Fattening and farming farm destination
CPC	ICCAT No

Date …

Validation of the flag State …

ANNEX VI

ICCAT scheme of joint international inspection

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

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

I. SERIOUS VIOLATIONS

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

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

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

(c)	fishing in a closed area;

(d)	fishing during a closed season;

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

(f)	significant violation of catch limits or quotas in force pursuant to ICCAT rules;

(g)	using prohibited fishing gear;

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

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

(j)	multiple violations which taken together constitute a serious disregard of measures in force pursuant to ICCAT;

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

(l)	intentionally tampering with or disabling the VMS;

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

(n)	fishing with assistance of spotter planes;

(o)	interference with the satellite monitoring system and/or operating without VMS system;

(p)	transfer activity without transfer declaration.

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

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

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

II. CONDUCT OF INSPECTIONS

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

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

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

Subject to the arrangements agreed under paragraph 12 of this Annex, a vessel employed for the time being in fishing for tuna or tuna-like fishes in the Convention Area outside the waters within its national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by a ship carrying an inspector unless it is actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master (1) of the vessel shall permit the inspector, who may be accompanied by a witness, to board it. The master shall enable the inspector to make such examination of catch or gear and any relevant documents as the inspector deems necessary to verify the observance of the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned and the inspector may ask for any explanations that he deems necessary.

On boarding the vessel an inspector shall produce the document described in point 6. Inspections shall be made so that the vessel incurs the minimum interference and inconvenience and the quality of the fish does not deteriorate. An inspector shall limit his enquiries to the ascertainment of the observance of the ICCAT Commission’s recommendations in force in relation to the flag State of the vessel concerned. In making his examination an inspector may ask the master for any assistance he may require. He shall draw up a report of his inspection in a form approved by the ICCAT Commission. He shall sign the report in the presence of the master of the vessel who shall be entitled to add or have added to the report any observations which he may think suitable and must sign such observations. Copies of the report shall be given to the master of the vessel and to the inspector’s government, which shall transmit copies to the appropriate authorities of the flag State of the vessel and to the ICCAT Commission. Where any infringement of the recommendations is discovered the inspector should, where possible, also inform the competent authorities of the flag State, as notified to the ICCAT Commission, and any inspection ship of the flag State known to be in the vicinity.

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

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

11.

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

12.

(a)

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

(b)

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

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

13.

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

(b)	Inspectors shall have the authority to inspect all fishing gear in use or that fishing gear on deck ready for use.

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

15.

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

16.

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

17.	New proposed model Identity Card for inspectors:

(1) The master refers to individual in charge of the vessel.

ANNEX VII

Regional observer programme

ASSIGNMENT OF OBSERVERS

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

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

(a)	sufficient experience to identify species and fishing gear;

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

(c)	the ability to observe and record accurately;

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

OBLIGATIONS OF THE OBSERVER

Observers shall:

(a)	have completed the technical training required by the guidelines established by ICCAT;

(b)	be nationals of one of the Member States;

(c)	be capable of performing the tasks set forth in point 4;

(d)	be included in the list of observers maintained by ICCAT;

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

OBSERVER TASKS

The observer tasks shall be in particular:

(a)

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

(i)	record and report upon the fishing activities carried out;

(ii)	observe and estimate catches and verify entries made in the logbook;

(iii)

issue a daily report of the purse-seine vessels’ transfer activities;

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

(v)	record and report upon the transfer activities carried out;

(vi)	verify the position of the vessel when engaged in transfer;

(vii)

observe and estimate products transferred, including through the review of video recordings;

(viii)

verify and record the name of the fishing vessel concerned and its ICCAT number;

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

(b)

as regards observers in the farms, to monitor the farms’ compliance with the relevant conservation and management measures adopted by ICCAT. In particular the observers shall:

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

(ii)	certify the data contained in the transfer declaration and caging declaration;

(iii)

issue a daily report of the farms’ transfer activities;

(iv)	countersign the transfer declaration and caging declaration;

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

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

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

(e)	exercise any other functions as defined by the Commission.

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

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

7.	Observers shall respect the hierarchy and general rules of behaviour which apply to all vessel and farm personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations of vessel and farm personnel set forth in Article 31.

ANNEX VIII

Format for the communication of Vessel Monitoring System messages

Data element	Field code	Mandatory/Optional	Type	Contents	Definition
Start record	SR	M			System detail; indicates start of record
Address	AD	M	Char*3	ISO-3166 Address	Message detail; destination; ‘EEC’ for the Commission
From	FR	M	Char*3	ISO-3166 Address	Message detail; ISO-3 code of the transmitting contracting party
Sequence number	SQ	O	Num*6	NNNNNN	Message detail; message serial number in current year
Type of message	TM	M	Char*3	Code	Message detail; message type, ‘POS’ as Position report/message to be communicated by VMS or other means by vessels with a defective satellite tracking device
Radio call sign	RC	O (1)	Char*7	IRCS Code	Vessel registration detail; international radio call sign of the vessel
Trip number	TN	O	Num*3	NNN	Activity detail; fishing trip serial number in current year
Vessel name	NA	O	Char*30		Vessel registration detail; name of the vessel
Contracting party internal reference number	IR	O (1)	Char*12	ISO-3166 + Code	Vessel registration detail. Unique contracting party vessel number as ISO-3 flag State code followed by code (CFR number)
External registration number	XR	O (1)	Char*14		Side number of the vessel or IMO number in the absence of a side number
Latitude (decimal)	LT	M	Char*7	+/–DD.ddd	Activity detail; position at time of transmission
Longitude (decimal)	LG	M	Char*8	+/–DDD.ddd	Activity detail; position at time of transmission
Course	CO	M	Char*3	360° degree scale	Course of the vessel
Speed	SP	M	Char*3	Knots * 10	Speed of the vessel
Free text	MS	O	Char*255	Alarms or events	Notification of alarms or events
Date	DA	M	Num*8	YYYYMMDD	Message detail; date of transmission
Time	TI	M	Num*4	HHMM	Message detail; time of transmission
End of record	ER	M			System detail; indicates end of the record

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

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

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

ANNEX IX

Correlation table

Regulation (EC) No 1559/2007	This Regulation
Article 1	Article 1
Article 2	Article 2
Article 3
Article 4	Article 4
Article 5	Article 7
Article 6	Article 8
Article 7	Article 9
Article 8	Article 10
Article 9	Article 11
Article 10	Article 12
Article 11	Article 13
Article 12	Article 14
Article 13	Article 15
Article 14	Article 17
Article 15	Article 18
Article 16	Article 19
Article 17	Article 20
Article 18	Article 21
Article 19	Article 23
Article 20	Article 24
Article 21	Article 26
Article 22	Article 27
Article 23	Article 28
Article 24	Article 29
Article 25	Article 30
Article 26	Article 33
Article 27	Article 34
Article 28	Article 35
Article 29	Article 38