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

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation establishes derogations from the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 for the purpose of implementing Union's international obligations under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries. It applies to fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction.

Article 2

Definitions

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

(1) ‘NAFO Regulatory Area’ means the Area defined in Article I(2) of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (NAFO Convention);

(3) ‘North Atlantic Ocean’ means the area of the Atlantic Ocean north of 5° N;

(4) ‘Recreational fisheries’ means a non-commercial fishery whose participants do not adhere to a national sport organisation or are not issued with a national sport licence;

(5) ‘Sport fishery’ means a non-commercial fishery whose participants adhere to a national sport organisation or are issued with a national sport licence.

CHAPTER II

ICCAT CONVENTION AREA

Article 3

Bigeye and yellowfin tuna

Article 4

Bluefin tuna

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale bluefin tuna:

(a) below the minimum size set out in Article 9(1) of Regulation (EC) No 302/2009; or,

(b) in situations referred to in Article 9(2) and (8) of Regulation (EC) No 302/2009, below the minimum sizes set out in that Article 9(2) and (8).

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, catching vessels not fishing actively bluefin tuna shall not retain on board bluefin tuna exceeding 20 % of the total catch by weight or number of pieces. The level of authorised by-catches of bluefin tuna shall be specified by Member States in the annual fishing plan referred to in Article 7 of Regulation (EU) 2016/1627 of the European Parliament and of the Council (¹) and shall never exceed that percentage. The calculation based on the number of pieces shall only apply to tuna and tuna-like species managed by ICCAT.

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, if the quota allocated to the Member State of the fishing vessel or trap concerned has already been consumed:

(a) by-catches of bluefin tuna shall be avoided; and

(b) the bluefin tuna caught alive as by-catch shall be released.

Article 5

Swordfish in the Atlantic Ocean

Article 5a

Mediterranean swordfish

By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board, tranship, land, transport, store, sell, display or offer for sale catches and by-catches of swordfish (Xiphias gladius), including from sport and recreational fisheries:

(a) measuring less than 100 cm lower jaw fork length; or

(b) weighing less than 11,4 kg of round weight or 10,2 kg of gilled and gutted weight.

CHAPTER III

NAFO REGULATORY AREA

Article 6

Calculation of by-catch limits

Article 6a

General derogations for the NAFO Regulatory area

Article 6b

Cod in NAFO Divisions 3NO

By way of derogation from Article 4(2) of Regulation (EC) No 1386/2007, as long as the catch limit is set to 0 by a legally binding Union act, cod caught as by-catch in NAFO Divisions 3NO above 1 000  kg or 4 %, whichever is greater, shall not be retained on-board.

Article 6c

American plaice in NAFO Divisions 3LNO

By way of derogation from Article 4(2) of Regulation (EC) No 1386/2007, as long as the catch limit is set to 0 by a legally binding Union act, American plaice caught as by-catch in NAFO Divisions 3LNO in a directed fishery for yellowtail flounder above 15 %, shall not be retained on board.

Article 6d

Yellowtail flounder in NAFO Divisions 3LNO

Article 6e

Redfish in NAFO Division 3M

While the directed fishery for redfish in NAFO Division 3M is temporarily closed because 50 % of the annual catch limit has been reached, redfish caught as by-catch in NAFO Division 3M above 1 250  kg or 5 %, whichever is greater, shall not be retained on-board.

CHAPTER IV

FINAL PROVISIONS

Article 7

Entry into force

This Regulation shall enter into force on the 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.