Annexes to COM(2016)401 - Management, conservation and control measures applicable in the Convention Area of the International Commission for the Conservation of Atlantic Tunas (ICCAT) - Main contents

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dossier	COM(2016)401 - Management, conservation and control measures applicable in the Convention Area of the International Commission for the ...
document	COM(2016)401
date	November 15, 2017

Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

(5) Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (OJ L 162, 18.6.1986, p. 33).

(6) Procedure number 2015/0289(COD), not yet published in the Official Journal.

(7) Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, p. 1).

(8) Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, p. 3).

(9) Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, p. 1).

(10) OJ L 123, 12.5.2016, p. 1.

(11) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(12) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(13) 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).

(14) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

(15) Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 16, 23.1.2015, p. 23).

(16) Council Regulation (EC) No 1984/2003 of 8 April 2003 introducing a system for the statistical monitoring of trade in swordfish and bigeye tuna within the Community (OJ L 295, 13.11.2003, p. 1).

(17) Procedure number 2015/0289(COD), not yet published in the Official Journal.

(18) Procedure number 2015/0289(COD), not yet published in the Official Journal.

(19) Procedure number 2015/0289(COD), not yet published in the Official Journal.

(20) Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

(21) Commission Implementing Regulation (EU) 2017/218 of 6 February 2017 on the Union fishing fleet register (OJ L 34, 9.2.2017, p. 9).

(22) Procedure number 2015/0289(COD), not yet published in the Official Journal.

(23) Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).

(24) Commission Implementing Decision (EU) 2016/1251 of 12 July 2016 adopting a multiannual Union programme for the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019 (OJ L 207, 1.8.2016, p. 113).

(25) Procedure number 2015/0289(COD), not yet published in the Official Journal.

(26) Procedure number 2015/0289(COD), not yet published in the Official Journal.

ANNEX I

ICCAT SPECIES

Family	Latin name	English name
Scombridae	Acanthocybium solandri	Wahoo
Allothunnus fallai	Slender tuna
Auxis rochei	Bullet tuna
Auxis thazard	Frigate tuna
Euthynnus alletteratus	Little tunny/Atlantic black skipjack
Gasterochisma melampus	Butterfly kingfish
Katsuwonus pelamis	Skipjack
Orcynopsis unicolor	Plain bonito
Sarda sarda	Atlantic bonito
Scomberomorus brasiliensis	Serra Spanish mackerel
Scomberomorus cavalla	King mackerel
Scomberomorus maculatus	Spotted Atlantic Spanish mackerel
Scomberomorus regalis	Cero
Scomberomorus tritor	West African Spanish mackerel
Thunnus alalunga	Albacore
Thunnus albacares	Yellowfin tuna
Thunnus atlanticus	Blackfin tuna
Thunnus maccoyii	Southern bluefin tuna
Thunnus obesus	Bigeye tuna
Thunnus thynnus	Bluefin tuna
Istiophoridae	Istiophorus albicans	Atlantic sailfish
Makaira indica	Black marlin
Makaira nigricans	Atlantic blue marlin
Tetrapturus albidus	Atlantic white marlin
Tetrapturus belone	Mediterranean Spearfish
Tetrapturus georgii	Roundscale Spearfish
Tetrapturus pfluegeri	Longbill Spearfish
Xiphiidae	Xiphias gladius	Swordfish
Alopiidae	Alopias superciliosus	Bigeye thresher shark
Carcharhinidae	Carcharhinus falciformis	Silky shark
Carcharhinus longimanus	Oceanic whitetip shark
Prionace glauca	Blue shark
Lamnidae	Isurus oxyrinchus	Shortfin mako shark
Lamna nasus	Porbeagle shark
Sphyrnidae	Sphyrna spp.	Hammerhead sharks
Coryphaenidae	Coryphaena hippurus	Dolphinfish

ANNEX II

GUIDELINES FOR PREPARATION OF FISH AGGREGATING DEVICE (FAD) MANAGEMENT PLANS

The FAD management plan for CPC purse seine and baitboat fleets must include the following:

(1)

Description

(a)	FAD types: AFAD = anchored; DFAD = drifting

(b)	Type of beacon/buoy

(c)	Maximum number of FAD to be deployed per purse seine and per FAD type

(d)	Minimum distance between AFADs

(e)	Incidental by-catch reduction and utilisation policy

(f)	Consideration of interaction with other gear types

(g)	Statement or policy on ‘FAD ownership’;

(2)

Institutional arrangements

(a)	Institutional responsibilities for the FAD management plan

(b)	Application processes for FAD deployment approval

(c)	Obligations of vessel owners and masters in respect of FAD deployment and use

(d)	FAD replacement policy

(e)	Additional reporting obligations beyond this Regulation

(f)	Conflict resolution policy in respect of FADs

(g)	Details of any closed areas or periods, e.g. territorial waters, shipping lanes, proximity to artisanal fisheries, etc.;

(3)

FAD construction specifications and requirements

(a)	FAD design characteristics (a description)

(b)	Lighting requirements

(c)	Radar reflectors

(d)	Visible distance

(e)	FAD markings and identifier

(f)	Radio buoy markings and identifier (requirement for serial numbers)

(g)	Echo sounder buoy markings and identifier (requirement for serial numbers)

(h)	Satellite transceivers

(i)	Research undertaken on biodegradable FADs

(j)	Prevention of loss or abandonment of FADs

(k)	Management of FADs recovery;

(4)	Applicable period for the FAD management plan;

(5)	Means for monitoring and reviewing the implementation of the FAD management plan.

ANNEX III

LIST OF DEPLOYED FADS ON A QUARTERLY BASIS

FAD Identifier	FAD & electronic equipment types	FAD Design characteristics	Observation
FAD Marking	Associated beacon ID	FAD Type	Type of the associated beacon and /or electronic devices	FAD floating part	FAD underwater hanging structure
Dimensions	Materials	Dimensions	Materials
(1)	(1)	(2)	(3)	(4)	(5)	(4)	(6)	(7)
…	…	…	…	…	…	…	…	…
…	…	…	…	…	…	…	…	…

(1) If FAD marking and associated beacon ID are absent or unreadable, mention it and provide all available information which may help to identify the owner of the FAD.

(2) Anchored FAD, drifting natural FAD or drifting artificial FAD.

(3) E.g. GPS, sounder, etc. If no electronic device is associated to the FAD, note this absence of equipment.

(4) E.g. width, length, high, depth, mesh sizes, etc.

(5) Mention the material of the structure and of the cover and if biodegradable.

(6) E.g. nets, ropes, palm leaves, etc. and mention the entangling and/or biodegradable features of the material.

(7) Lighting specifications, radar reflectors and visible distances shall be reported in this section.

ANNEX IV

OBSERVER PROGRAMME REQUIREMENTS FOR VESSELS FISHING FOR TROPICAL TUNAS IN THE GEOGRAPHICAL AREAS OF THE TIME AND AREA CLOSURE

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

—	sufficient experience to identify species and fishing gear,

—	satisfactory knowledge of the ICCAT conservation and management measures assessed by a certificate provided by the Member State and based on ICCAT training guidelines,

—	the ability to observe and record accurately,

—	a satisfactory knowledge of the language of the flag state of the vessel observed.

The observers shall not be crew members of the fishing vessel being observed and shall:

(a)	be nationals of one of the CPCs;

(b)	be capable of performing the duties set out in point 3;

(c)	not have current financial or beneficial interests in the tropical tuna fisheries.

Observer tasks

The observer tasks shall be, in particular:

(a)

to monitor the fishing vessels' compliance with the relevant conservation and management measures adopted by the ICCAT Commission.

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)

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

(iv)	verify the position of the vessel when engaged in catching activity;

(v)	carry out scientific work such as collecting Task II data when required by ICCAT, based on the directives from the ICCAT Standing Committee on Research and Statistics;

(b)	to report without delay, with due regard to the safety of the observer, any fishing activity associated with FADs made by the vessel in the area and during the period referred to in Article 11;

(c)	to establish general reports compiling the information collected in accordance with this point 3 and provide the master the opportunity to include therein any relevant information.

The observers shall treat as confidential all information with respect to the fishing and transhipment operations of the fishing vessels and accept this requirement in writing as a condition of appointment as an observer.

The observers shall comply with requirements established in the laws and regulations of the flag Member State which exercises jurisdiction over the vessel to which the observer is assigned.

The observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations set out in point 7.

Obligations of the flag Member State

The responsibilities regarding observers of the flag Member States of the fishing vessels and their masters shall include, in particular, the following:

(a)	the observers shall be allowed access to the vessel personnel and to the gear and equipment;

(b)

upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 3:

(i)	satellite navigation equipment;

(ii)	radar display viewing screens when in use;

(iii)

electronic means of communication;

(c)	the observers shall be provided with accommodation, including lodging, food and adequate sanitary facilities, equal to those of officers;

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

(e)	the flag Member State shall ensure that masters, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe the observers in the performance of their duties.

ANNEX V

MINIMUM TECHNICAL STANDARDS FOR MITIGATION MEASURES

Mitigation measure

Description

Specification

Night setting with minimum deck lighting

No setting between nautical dawn and nautical dusk. Deck lighting to be kept to a minimum

Nautical dusk and nautical dawn are defined as set out in the Nautical Almanac tables for relevant latitude, local time and date. Minimum deck lighting should not breach minimum standards for safety and navigation.

Bird-scaring lines (tori lines)

Bird-scaring lines shall be deployed during longline setting to deter birds from approaching the branch line

For vessels greater than or equal to 35 m:

—	deploy at least 1 bird-scaring line. Where practical, vessels are encouraged to use a second tori pole and bird scaring line at times of high bird abundance or activity; both tori lines should be deployed simultaneously, one on each side of the line being set;

—	aerial extent of bird-scaring lines must be greater than or equal to 100 m;

—	long streamers of sufficient length to reach the sea surface in calm conditions must be used;

—	long streamers must be at intervals of no more than 5 m.

For vessels less than 35 m:

—	deploy at least 1 bird-scaring line;

—	aerial extent must be greater than or equal to 75 m;

—

long and/or short (but greater than 1 m in length) streamers must be used and placed at intervals as follows:

—	Short: intervals of no more than 2 m.

—	Long: intervals of no more than 5 m for the first 55 m of bird scaring line.

Additional design and deployment guidelines for bird-scaring lines are provided in Supplemental Guidelines for Design and Deployment of tori lines below.

Line weighting

Line weights to be deployed on the snood prior to setting

Greater than a total of 45 g attached within 1 m of the hook; or

Greater than a total of 60 g attached within 3,5 m of the hook; or

Greater than a total of 98 g weight attached within 4 m of the hook.

SUPPLEMENTAL GUIDELINES FOR DESIGN AND DEPLOYMENT OF TORI LINES

Preamble

Minimum technical standards for deployment of tori lines are found in the Table above. These supplemental guidelines are designed to assist in preparation and implementation of tori line regulations for longline vessels. While these guidelines are relatively explicit, improvement in tori line effectiveness through experimentation is encouraged, within the requirements of the Table above. The guidelines take into account environmental and operational variables such as weather conditions, setting speed and ship size, all of which influence tori line performance and design in protecting baits from birds. Tori line design and use may change to take account of these variables provided that line performance is not compromised. Ongoing improvement in tori line design is envisaged and consequently review of these guidelines should be undertaken in the future.

Tori line design

An appropriate towed device on the section of the tori line in the water can improve the aerial extension.

The above water section of the line should be sufficiently light that its movement is unpredictable to avoid habituation by birds and sufficiently heavy to avoid deflection of the line by wind.

The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line.

The streamers should be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong fine line sheathed in red polyurethane tubing) suspended from a robust three-way swivel (that again reduces tangles) attached to the tori line.

Each streamer should consist of two or more strands.

Each streamer pair should be detachable by means of a clip so that line stowage is more efficient.

Deployment of tori lines

The line should be suspended from a pole affixed to the vessel. The tori pole should be set as high as possible so that the line protects bait a good distance astern of the vessel and will not tangle with fishing gear. Greater pole height provides greater bait protection. For example, a height of around 7 m above the water line can give about 100 m of bait protection.

If vessels use only one tori line it should be set to windward of sinking baits. If baited hooks are set outboard of the wake, the tori line attachment point to the vessel should be positioned several metres outboard of the side of the vessel that baits are deployed. If vessels use two tori lines, baited hooks should be deployed within the area bounded by the two tori lines.

Deployment of multiple tori lines is encouraged to provide even greater protection of baits from birds.

Because of the potential for line breakage and tangling, spare tori lines should be carried on board to replace damaged lines and to ensure fishing operations can continue uninterrupted. Breakaways can be incorporated into the tori line to minimise safety and operational problems should a longline float foul or tangle with the in-water extent of a tori line.

When fishermen use a bait casting machine (BCM), they must ensure coordination of tori line and machine by ensuring that a BCM throws directly under the tori line protection. When using a BCM (or multiple BCMs) that allows throwing to both port and starboard, two tori lines should be used.

When casting branchline by hand, fishermen should ensure that the baited hooks and coiled branchline sections are cast under the tori line protection, avoiding the propeller turbulence which may slow the sink rate.

Fishermen are encouraged to install manual, electric or hydraulic winches to improve ease of deployment and retrieval of tori lines.

ANNEX VI

DETAILED REQUIREMENTS FOR THE RELEASE OF SEA TURTLES

Regarding safe-handling practices:

(i)

When a sea turtle is to be removed from the water, an appropriate basket lift or dip-net shall be used to bring aboard sea turtles that are hooked or entangled in gear. No sea turtle shall be hauled from the water by a fishing line attached to, or entangled upon the body of a sea turtle. If the sea turtle cannot be safely removed from the water, the crew should cut the line as close as possible to the hook, without inflicting additional unnecessary harm on the sea turtle.

(ii)

In cases where sea turtles are taken on board, vessel operators or crew shall assess the condition of sea turtles that are caught or entangled prior to release. Those sea turtles with difficulties to move or are unresponsive shall be kept on board to the extent practicable and assisted in a manner consistent with maximising their survival prior to release. Those practices are described further in the FAO's Guidelines to reduce sea turtle mortality in fishing operations.

(iii)

To the extent practicable, sea turtles handled in fishing operations or during national observer programmes (e.g. tagging activities) shall be handled in a manner consistent with the FAO's Guidelines to reduce sea turtle mortality in fishing operations.

Regarding the use of line cutters:

(i)	Longline vessels shall carry on board line-cutters and use them when de-hooking is not possible without harming the sea turtles while releasing them.

(ii)	Other types of vessels that use gear that may entangle sea turtles shall carry on board line-cutters and use those tools to safely remove gear, and release sea turtles.

Regarding the use of de-hooking devices:

(i)	Longline vessels shall carry on board de-hooking devices to effectively remove hooks from sea turtles.

(ii)	When a hook is swallowed, no attempt shall be made to remove the hook. Instead, the line must be cut as close to the hook as possible without inflicting additional unnecessary harm on the sea turtle.

ANNEX VII

IN-PORT TRANSHIPMENT

1. Transhipment in port by Union vessels or in Union ports of tuna and tuna-like species and any other species caught in association with those species in the ICCAT Convention area shall follow the following procedures:

Notification obligations

2. Fishing vessel

2.1 At least 48 hours in advance of transhipment operations, the captain of the fishing vessel must notify to the port State authorities the name of the carrier vessel and date/time of transhipment.

2.2 The captain of a fishing vessel shall, at the time of the transhipment, inform its flag Member State of the following:

—	the quantities of tuna and tuna-like species, if possible, by stock, to be transhipped,

—	the quantities of other species caught in association with tuna and tuna-like species by species, where known, to be transhipped,

—	the date and place of the transhipment,

—	the name, registration number and flag of the receiving carrier vessel, and

—	the geographical location of the catches by species and, where appropriate, by stock, consistent with ICCAT statistical areas.

2.3   The captain of the fishing vessel concerned shall complete and transmit to its flag Member State the ICCAT transhipment declaration, along with its number in the ICCAT record of fishing vessels, where applicable, not later than 15 days after the transhipment.

3. Receiving vessel

3.1   Not later than 24 hours before the beginning and at the end of the transhipment, the master of the receiving carrier vessel shall inform the port State authorities of the quantities of catches of tuna and tuna-like species transhipped to his vessel, and complete and transmit the ICCAT transhipment declaration to the competent authorities within 24 hours.

3.2   The master of the receiving carrier vessel shall, at least 48 hours before landing, complete and transmit an ICCAT transhipment declaration to the competent authorities of the landing State.

Port and landing State cooperation

4. The port State and the landing State referred to in the above points shall review the information received pursuant to the provisions of this Annex, including in cooperation with the flag CPC of the fishing vessel as necessary, to determine consistency between the reported catches, transhipments and landings of each vessel. That verification shall be carried out so that the vessel suffers the minimum interference and inconvenience and that degradation of the fish is avoided.

Reporting

5. Each flag Member State of the fishing vessel shall include in its annual report to ICCAT the details on the transhipments by its vessels.

ANNEX VIII

ICCAT REGIONAL OBSERVER PROGRAMME FOR TRANSHIPMENT AT SEA OPERATIONS

Member States shall require carrier vessels included in the ICCAT record of vessels authorised to receive transhipments in the ICCAT Convention area and which tranship at sea, to carry an ICCAT regional observer during each transhipment operation in the ICCAT Convention area.

Observers shall be appointed by ICCAT and shall be placed on board the carrier vessels authorised to receive transhipments in the ICCAT Convention area from large-scale pelagic longline vessels (LSPLVs) flying the flag of CPCs that implement the ICCAT regional observer programme.

Designation of the observers

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

—	demonstrated ability to identify ICCAT species and fishing gear with a strong preference given to those with experience as observers on pelagic longline vessels,

—	satisfactory knowledge of the ICCAT conservation and management measures,

—	the ability to observe and record accurately,

—	a satisfactory knowledge of the language of the flag of the vessel observed.

Obligations of the observer

Observers shall:

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

(b)	not be nationals or citizens of the flag State of the receiving carrier vessel;

(c)	be capable of performing the duties set out in point 5;

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

(e)	not be a crew member of the LSPLV or the carrier vessel or an employee of the LSPLV or carrier vessel company.

The observer shall monitor the LSPLV's and carrier vessel's adherence to the relevant conservation and management measures adopted by ICCAT. The observers' tasks shall be, in particular, to:

5.1

Visit the LSPLV intending to tranship to a carrier vessel, taking into account the concerns reflected in point 9, and before the transhipment takes place, to:

(a)	check the validity of the fishing vessel's authorisation or licence to catch tuna and tuna-like species and any other species caught in association with those species in the ICCAT Convention area;

(b)	inspect the fishing vessel's prior authorisations to tranship at sea from the flag CPC and, if appropriate, the coastal State;

(c)	check and record the total quantity of catch on board by species and, if possible, by stock, and the quantities to be transhipped to the carrier vessel;

(d)	check that the vessel monitoring system (VMS) is functioning and examine the logbook and verify entries, if possible;

(e)	verify whether any of the catch on board resulted from transfers from other vessels, and check the documentation on such transfers;

(f)

in the case of indication that there are any violations involving the fishing vessel, immediately report the violation(s) to the master of the carrier vessel (taking due regard of any safety considerations) and to the observer programme implementing company, who shall promptly forward it to the flag CPC authorities of the fishing vessel; and

(g)	record the results of these duties on the fishing vessel in the observer's report.

5.2

Observe the activities of the carrier vessel and:

(a)	record and report upon the transhipment activities carried out;

(b)	verify the position of the vessel when engaged in transhipping;

(c)	observe and estimate quantities of tuna and tuna-like species transhipped by species, if known, and, if possible, by stock;

(d)	observe and estimate the quantities of other species caught in association with tuna and tuna-like species by species, if known;

(e)	verify and record the name of the LSPLV concerned and its ICCAT record number;

(f)	verify the data contained in the transhipment declaration, including through comparison with the LSPLV logbook, where possible;

(g)	certify the data contained in the transhipment declaration;

(h)	countersign the transhipment declaration; and

(i)	observe and estimate quantities of product by species when offloaded in the port where the observer is disembarked to verify consistency with quantities received during transhipment at sea.

5.3

In addition, the observer shall:

(a)	issue a daily report of the carrier vessel's transhipping activities;

(b)	establish general reports compiling the information collected in accordance with the observer's duties and provide the captain the opportunity to include therein any relevant information;

(c)	submit to the ICCAT Secretariat the general reports referred to in point (b) within 20 days from the end of the period of observation;

(d)	exercise any other functions as defined by ICCAT.

Observers shall treat as confidential all information with respect to the fishing operations of the LSPLV and of the LSPLV owners and accept this requirement in writing as a condition of appointment as an observer.

Observers shall comply with requirements established in the laws and regulations of the flag Member State and, where relevant, the coastal State, which exercises jurisdiction over the vessel to which the observer is assigned.

Observers shall respect the hierarchy and general rules of behaviour which apply to all vessel personnel, provided such rules do not interfere with the duties of the observer under this programme, and with the obligations of vessel personnel set out in point 9.

Responsibilities of the flag States of carrier vessels

The conditions associated with implementation of the regional observer programme vis à vis the flag States of the carrier vessels and their captains include, in particular, the following:

(a)	Observers shall be allowed access to the vessel personnel, pertinent documentation, and to the gear and equipment.

(b)

Upon request, observers shall also be allowed access to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 5:

(i)	satellite navigation equipment;

(ii)	radar display viewing screens when in use;

(iii)

electronic means of communication; and

(iv)	scale used for weighing transhipped product.

(c)	Observers shall be provided with accommodations, including lodging, food and adequate sanitary facilities, equal to those of officers.

(d)	Observers shall be provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties.

(e)

Observers shall be allowed to determine the most advantageous location and method for viewing transhipment operations and estimating species/stocks and quantities transhipped. In this regard, the master of the carrier vessel, giving due regard to safety and practical concerns, shall accommodate the needs of the observers, including, upon request, temporarily placing product on the carrier vessel deck for inspection by the observers and providing adequate time for the observers to carry out their duties. Observations shall be conducted in a manner that minimises interference and avoids compromising the quality of the products transhipped.

(f)	In light of the provisions of point 10, the master of the carrier vessel shall ensure that all necessary assistance is provided to the observer to ensure safe transport between the carrier and fishing vessels should weather and other conditions permit such an exchange. and

(g)	The flag States shall ensure that captains, crew and vessel owners do not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe the observers in the performance of their duties.

Responsibilities of LSPLVs during transhipments

10.

Observers shall be allowed to visit the fishing vessel, if weather and other conditions permit, and shall be granted access to personnel, all pertinent documentation, and areas of the vessel necessary to carry out their duties set out in point 5. The master of the fishing vessel shall ensure that all necessary assistance is provided to the observer to ensure safe transport between the carrier and fishing vessels. Should conditions present an unacceptable risk to the welfare of the observer such that a visit to the LSPLV is not feasible prior to the start of transhipment operations, such operations may still be carried out.

Observer fees

11.

The costs of implementing this programme shall be financed by the flag CPCs of LSPLVs wishing to engage in transhipment operations. The fee shall be calculated on the basis of the total costs of the programme. That fee shall be paid into a special account of the ICCAT Secretariat and the ICCAT Secretariat shall manage the account for implementing the programme.

12.

No LSPLV may participate in the transhipment at sea programme unless the fees, as required under point 11, are paid.