Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007
- (e) for trawl fisheries, in fishing hauls or days.
By way of derogation from point (a) of paragraph 1, for vessels less than 15 metres in length overall, where an extraordinary safety concern exists that precludes deployment of an on-board observer, a Member State may employ an alternative scientific monitoring approach. That alternative approach shall ensure a coverage comparable to that specified in point (a) of paragraph 1 and an equivalent collection of data. The Member State concerned shall present the details of the alternative approach to the Commission.
The Commission shall submit the details of the alternative approach referred to in paragraph 3 to the ICCAT Standing Committee on Research and Statistics for evaluation. Alternative approaches shall be subject to the approval of the ICCAT Commission at the ICCAT annual meeting prior to their implementation.
Article 62
Qualifications of scientific observers
Member States shall ensure that observers have followed the required training, are suitably qualified and are approved before their deployment. The observers shall possess the following qualifications:
- (a) sufficient knowledge and experience to identify species and collect information on different fishing gear configurations;
- (b) satisfactory knowledge of the ICCAT conservation and management measures;
- (c) ability to observe and record accurately data to be collected under the programme;
- (d) ability to collect biological samples;
- (e) not be a crew member of the fishing vessel being observed; and
- (f) not be an employee of a fishing vessel company involved in the fishery being observed.
Article 63
Responsibilities of scientific observers
Each Member State shall require observers to carry out, in particular, the following tasks:
- (a) record and report on the fishing activity of the observed vessel, which shall include at least the following:
- (i) data collection, including quantifying total target catch, by-catch and discards (including sharks, sea turtles, marine mammals, and seabirds), estimating or measuring size composition, as practicable, disposition status (i.e. retained, discarded dead, released alive) and the collection of biological samples for life history studies (e.g. gonads, otoliths, spines, scales);
- (ii) information on all tags found;
- (iii) fishing operation information, including location of catch by latitude and longitude, fishing effort information (e.g. number of sets, number of hooks), date of each fishing operation, including, as appropriate, the start and stop times of the fishing activity, use of fish aggregating objects, including FADs, and general condition of released animals related to survival rates (i.e. dead or alive, wounded);
- (b) observe and record the use of mitigation measures to reduce incidental catches and other relevant information;
- (c) to the extent possible, observe and report environmental conditions (e.g. sea state, climate and hydrologic parameters);
- (d) observe and report on FADs, in accordance with the ICCAT regional observer programme adopted under the multi-annual conservation and management programme for tropical tuna; and
- (e) perform any other scientific tasks as recommended by the ICCAT Standing Committee on Research and Statistics and agreed by the Commission.
Member States shall ensure that observers:
- (a) do not interfere with the electronic equipment of the vessel;
- (b) are familiar with the emergency procedures aboard the vessel, including the location of life rafts, fire extinguishers and first aid kits;
- (c) communicate as needed with the master on relevant observer issues and tasks;
- (d) do not hinder or interfere with the fishing activities and the normal operations of the vessel;
- (e) participate in debriefing sessions with appropriate representatives of the scientific institute or the domestic authority responsible for implementing the observer programme.
The master of the vessel to which the observer is assigned shall:
- (a) permit appropriate access to the vessel and its operations;
- (b) allow the observer to carry out the observer tasks in an effective way, including by:
- (i) providing appropriate access to the vessel’s gear, documentation (including electronic and paper logbooks), and catch;
- (ii) communicating at any time with appropriate representatives of the scientific institute or domestic authority;
- (iii) ensuring appropriate access to electronics and other equipment pertinent to fishing, including:
- — satellite navigation equipment,
- — electronic means of communication;
- (iv) ensuring that no one on board the observed vessel tampers with or destroys observer equipment or documentation, obstructs, interferes with, or otherwise acts in a manner that could unnecessarily prevent the observer from performing observer tasks;
- (c) provide accommodation to observers, including berthing, food and adequate sanitary and medical facilities, equal to those of officers;
- (d) provide the observer adequate space on the bridge or pilot house to perform observer tasks, as well as space on deck adequate for carrying out observer tasks.
Each Member State shall:
- (a) require vessels flying its flag, when fishing for ICCAT species, to carry a scientific observer in accordance with this Regulation;
- (b) oversee the safety of its observers;
- (c) encourage, where feasible and appropriate, their scientific institute or domestic authority to enter into agreements with the scientific institutes or domestic authorities of other Member States or CPCs for the exchange of observer reports and observer data between them;
- (d) provide in its annual report for use by the Commission and the ICCAT Standing Committee on Research and Statistics, specific information on the implementation of ICCAT Recommendation 16-14, which shall include:
- (i) details on the structure and design of their scientific observer programmes, including, inter alia:
- — the target level of observer coverage by fishery and gear type as well as how it is measured,
- — data required to be collected,
- — data collection and handling protocols in place,
- — information on how vessels are selected for coverage to achieve the Member States’ target level of observer coverage,
- — observer training requirements, and
- — observer qualification requirements;
- (ii) the number of vessels monitored, the coverage level achieved by fishery and gear type, and details on how those coverage levels were calculated;
- (e) following the initial submission of the information required under point (d)(i), report changes to the structure and design of its observer programmes in its annual reports only when such changes occur; and continue to report the information required pursuant to point (d)(ii) to the Commission annually;
- (f) each year, using the designated electronic formats that are developed by the ICCAT Standing Committee on Research and Statistics, report to that committee information collected through domestic observer programmes for use by the Commission, in particular for stock assessment and other scientific purposes, in line with procedures in place for other data reporting requirements and consistent with domestic confidentiality requirements;
- (g) ensure implementation of robust data collection protocols by its observers, when carrying out their tasks referred to in paragraphs 1 and 2, including, as necessary and appropriate, the use of photography.
Article 64
Submission of collected information
By 30 June of each year Member States shall submit to the Commission the information collected under their domestic scientific observer programmes. The Commission shall forward that information to the ICCAT Secretariat by 31 July of each year.
CHAPTER VI Control of third country fishing vessels in Member State ports
Article 65
Reporting obligations with regard to designated ports and points of contact
Member States wishing to grant access to its ports to third country fishing vessels carrying ICCAT species or fishery products originating from such species that have not been previously landed or transhipped at ports shall:
- (a) designate their 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 transmitting port inspection reports pursuant to Article 66 of this Regulation.
Member States shall transmit to the Commission any changes to the list of designated ports and points of contact at least 30 days before such changes take effect. The Commission shall notify that information to the ICCAT Secretariat at least 14 days before those changes take effect.
Article 66
Reporting obligations with regard to port inspections
The inspecting Member State shall transmit to the Commission a copy of the port inspection report referred to in Article 10(3) of Regulation (EC) No 1005/2008 no later than 10 days following the date of completion of the inspection. The Commission shall forward that information to the ICCAT Secretariat no later than 14 days following the date of completion of the inspection.
If the port inspection report cannot be transmitted within the period of 10 days referred to in paragraph 1, the inspecting Member State shall notify the Commission within that period of the reasons for the delay and when the report will be submitted.
If the information collected during the inspection provides reasons to believe that a third country vessel has committed an infringement of the ICCAT conservation and management measures, Article 11 of Regulation (EC) No 1005/2008 shall apply.
Each Member State shall inspect annually at least 5 % of landing and transhipment operations conducted by third-country fishing vessels in its designated ports.
Flag Member States shall consider and act on reports of infringements from inspectors of a port State on a similar basis as the reports from their own inspectors, in accordance with Regulation (EU) 2017/2403.
CHAPTER VII Enforcement
Article 66a
Sighting of vessels
Member States shall collect as much information as feasible, through inspection and surveillance operations conducted by their competent authorities in the ICCAT Convention area, when a Union fishing vessel, a third-country fishing vessel or a vessel without nationality is sighted in fishing or fishing-related activities (e.g. transhipment) that are presumed to be engaged in IUU fishing.
Member States shall collect information on vessel sightings in accordance with the sighting information sheet set out in the Annex to ICCAT Recommendation 19-09.
When a vessel is sighted pursuant to paragraph 1, the Member State concerned (‘sighting Member State’) shall without undue delay notify and provide any recorded images of the vessel to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, and:
- (a) 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 Member State and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and the European Fisheries Control Agency (EFCA), including details of any follow-up action taken;
- (b) if the sighted vessel is flagged to another CPC, a non-CPC, or is of indeterminate flag or without nationality, the sighting Member State shall, without undue delay, provide to the Commission and the EFCA all appropriate information related to the sighting; the Commission shall, as appropriate, transmit the sighting information to the ICCAT Secretariat.
Article 67
Alleged infringements reported by Member States
In addition to the requirements set out in Article 48(4) of Regulation (EC) No 1005/2008, Member States shall submit to the Commission, at least 140 days before the ICCAT annual meeting, any documented information that indicates possible non-compliance of CPCs with ICCAT conservation and management measures. The Commission shall examine that information and, if appropriate, forward it to the ICCAT Secretariat at least 120 days before the ICCAT annual meeting.
Member States shall submit to the Commission the list of catching vessels 12 metres or greater in length overall, fish processing vessels, tug and towing vessels, vessels engaged in transhipment, and support vessels alleged to be carrying out IUU fishing in the ICCAT Convention area during the current and previous year, accompanied by the supporting evidence concerning the presumption of IUU fishing. That list shall be submitted at least 140 days before the ICCAT annual meeting. The Commission shall examine that information and, if the information is sufficiently documented, forward it to the ICCAT Secretariat at least 120 days before the ICCAT annual meeting, for the purpose of establishing the ICCAT draft IUU list.
Article 68
ICCAT draft IUU list
Member States shall closely monitor the vessels included in the ICCAT draft IUU list circulated by the ICCAT Executive Secretary, in order to determine the activities and possible changes of name, flag or registered owner of those vessels.
Article 69
Alleged non-compliances reported by the ICCAT Executive Secretary
If the Commission receives from the ICCAT Executive Secretary any information indicating a suspected non-compliance by a Member State, the Commission shall without delay transmit that information to the Member State concerned.
The Member State concerned shall provide the Commission, at least 45 days before the ICCAT annual meeting, with the findings of any investigation taken in relation to the allegations of non-compliance and any actions taken to address compliance issues. The Commission shall forward that information to the ICCAT Executive Secretary at least 30 days before the ICCAT annual meeting.
Article 69a
IUU vessels
Member States shall ensure that vessels included on the ICCAT IUU list are not authorised to land, tranship, re-fuel, re-supply or engage in other commercial transactions.
Article 70
Alleged infringements reported by a CPC
Member States shall designate a point of contact for the purpose of receiving port inspection reports from CPCs.
Member States shall transmit to the Commission any changes to the point of contact referred to in paragraph 1 at least 30 days before such changes take effect. The Commission shall forward that information to the ICCAT Secretariat at least 14 days before those changes take effect.
If the point of contact designated by a Member State receives a port inspection report from a CPC providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of ICCAT conservation and management measures, the Member State shall promptly investigate the infringement and, within 160 days of the receipt of such port inspection report, notify the Commission of the status of the investigation and of any enforcement action that may have been taken.
If the flag Member State cannot meet the deadline referred to in paragraph 3, it shall notify the Commission the reasons for the delay and when the report on the status of the investigation will be submitted.
The Commission shall forward that information to the ICCAT Secretariat within 180 days from the receipt of the port inspection report and shall include in the annual report referred to in Article 71 information regarding the status of the investigations and any enforcement actions undertaken by the flag Member State.
TITLE IV FINAL PROVISIONS
Article 71
Annual report
By 1 August of each year Member States shall submit to the Commission an annual report for the preceding calendar year, comprising information on fisheries, research, statistics, management, inspection and IUU fishing prevention activities and any additional information, as appropriate.
The annual report shall include information on the steps taken to mitigate by-catch and reduce discards, and on any relevant research in that field.
The Commission shall compile the information received pursuant to paragraphs 1 and 2 and shall forward it to the ICCAT Secretariat without delay.
The Commission may adopt implementing acts as regards detailed requirements for the format of the annual report referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Article 72
Confidentiality
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.
Article 73
Procedure for amendments
Where necessary in order to implement into Union law amendments to the existing ICCAT recommendations which become binding on the Union, and insofar as amendments to Union law do not go beyond the ICCAT recommendations, the Commission is empowered to adopt delegated acts in accordance with Article 74 for the purpose of amending:
- (a) Annexes I to X;
- (aa) the capacity limitations for tropical tunas under Article 5a related to annual fishing and capacity management plan reporting referred to paragraph 2 of that Article, as well as the number of support vessels referred to in paragraph 3 of that Article;
- (b) the time limits laid down in Article 7(1), Article 8, Article 9(1), Article 14(1), Article 18, Article 20(2), (3) and (4), Article 22(2), Article 23(1) and (2), Article 26(1) and (3), Article 40(1), Article 42(1), Article 44(3), Article 47(2), Article 48(1) and (2), Article 50(1) and (2), Article 56(3), Article 57(1), (2) and (3), Article 59(1) and (2), Article 64, Article 65(2), Article 66(1) and (2), Article 67(1) and (2), Article 69(2), Article 70(2), (3) and (5), and Article 71(1);
- (ba) the annual carry-over for bigeye tuna under Article 8a;
- (bb) the requirements for FADs under Article 10(1) and (2);
- (bc) the references to ICCAT recommendations referred to in Article 10(2), Article 28, Article 27(3), Article 29b(2) and (3), Article 36a(2), Article 58a(2) and (4), Article 63(4), point (d), and Article 66a(2);
- (c) the minimum observer coverage under Article 14(2);
- (ca) the restrictions on the number of Union catching vessels targeting North Atlantic albacore under Article 17;
- (cb) the annual carry-over of North and South Atlantic albacore under Article 17b;
- (cc) North Atlantic swordfish management plans under Article 18;
- (cd) the annual carry-over of North and South Atlantic swordfish under Article 18b;
- (d) the minimum sizes laid down in Article 19(1) and (2), Article 24(2) and Article 29(2) and (3);
- (e) the tolerances laid down in Article 19(2) and (3), Article 21 and Article 24(3);
- (f) the technical specifications of hooks and longlines laid down in Article 25 and point (b) of Article 38(5);
- (g) the scientific observer coverage laid down in Article 29(1), and points (a) and (b) of Article 61(1);
- (h) the type of information and data laid down in Article 11(1), (2) and (3), Article 12, Articles 20(2), 26(1) and 42(1), Article 50(1) and (2), and Articles 54(4), 55(4), 56(3) and 59(1);
- (i) the maximum number of instrumental buoys laid down in Article 9(4);
- (j) the requirements to maximise sea turtle survival under Article 41;
- (k) the percentage coverage calculation under Article 61(2).
Any amendments adopted in accordance with paragraph 1 shall be strictly limited to the implementation of amendments to the ICCAT recommendation concerned into Union law.
Article 74
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 73 shall be conferred on the Commission for a period of five years from 3 December 2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in Article 73 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 73 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 75
Committee procedure
The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 47 of Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 76
Amendments to Regulation (EC) No 1936/2001
In Regulation (EC) No 1936/2001, Articles 4, 5, 6, 6a, 7, 8a, 8b, 8c, 9, 9a and 10 to 19 are deleted.
Article 77
Amendments to Regulation (EC) No 1984/2003
Regulation (EC) No 1984/2003 is amended as follows:
- (a) in Article 3, the following points are added: ‘(g) large-scale fishing vessel : fishing vessel 20 metres in length overall or greater; (h) large-scale pelagic longline vessel : pelagic longline vessel 24 metres in length overall or greater.’;
- (b) in Article 4(2), the following point is added: ‘(c)if the fishing has been carried out by a large-scale fishing vessel, be accepted only when that vessel is on the ICCAT record of vessels.’;
- (c) in Article 5(2), the following point is added: ‘(c)if the fishing has been carried out by a large-scale fishing vessel, be validated only when that vessel is on the ICCAT record of vessels.’;
- (d) in Chapter 2, the following Section is added: ‘Section 4 Requirements for Member States in respect of transhipped products in the ICCAT Convention area
Article 7a
Statistical documents and reporting
When validating statistical documents, the flag Member State of large-scale pelagic longline vessels shall ensure that transhipments are consistent with the reported catch amount by each such vessel.
The flag Member State of large-scale pelagic longline vessels shall validate statistical documents for the transhipped fish, after confirming that the transhipment was conducted in accordance with Articles 51 to 58 of Regulation (EU) 2017/2107 of the European Parliament and of the Council ([^E0012]). That confirmation shall be based on the information obtained through the ICCAT regional observer programme for transhipment at sea.
Member States shall require that the species covered by the statistical document programs caught by large-scale pelagic longline vessels in the ICCAT Convention area, when imported into their area or territory, are accompanied by statistical documents validated for the vessels on the ICCAT list of large-scale pelagic longline vessels authorised to tranship at sea and a copy of the ICCAT transhipment declaration.
Article 78
Amendments to Regulation (EC) No 520/2007
In Regulation (EC) No 520/2007, Article 4(1), Title II and Annexes II, III and IV are deleted.
Article 79
Entry into force
This Regulation shall enter into force on the third 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.
ANNEX I
ICCAT species
| Family | Latin name | English name |
|---|---|---|
| Scombridae | Acanthocybium solandri | Wahoo |
| Scombridae | Allothunnus fallai | Slender tuna |
| Scombridae | Auxis rochei | Bullet tuna |
| Scombridae | Auxis thazard | Frigate tuna |
| Scombridae | Euthynnus alletteratus | Little tunny/Atlantic black skipjack |
| Scombridae | Gasterochisma melampus | Butterfly kingfish |
| Scombridae | Katsuwonus pelamis | Skipjack |
| Scombridae | Orcynopsis unicolor | Plain bonito |
| Scombridae | Sarda sarda | Atlantic bonito |
| Scombridae | Scomberomorus brasiliensis | Serra Spanish mackerel |
| Scombridae | Scomberomorus cavalla | King mackerel |
| Scombridae | Scomberomorus maculatus | Spotted Atlantic Spanish mackerel |
| Scombridae | Scomberomorus regalis | Cero |
| Scombridae | Scomberomorus tritor | West African Spanish mackerel |
| Scombridae | Thunnus alalunga | Albacore |
| Scombridae | Thunnus albacares | Yellowfin tuna |
| Scombridae | Thunnus atlanticus | Blackfin tuna |
| Scombridae | Thunnus maccoyii | Southern bluefin tuna |
| Scombridae | Thunnus obesus | Bigeye tuna |
| Scombridae | Thunnus thynnus | Bluefin tuna |
| Istiophoridae | Istiophorus albicans | Atlantic sailfish |
| Istiophoridae | Makaira indica | Black marlin |
| Istiophoridae | Makaira nigricans | Atlantic blue marlin |
| Istiophoridae | Tetrapturus albidus | Atlantic white marlin |
| Istiophoridae | Tetrapturus belone | Mediterranean spearfish |
| Istiophoridae | Tetrapturus georgii | Roundscale spearfish |
| Istiophoridae | Tetrapturus pfluegeri | Longbill spearfish |
| Xiphiidae | Xiphias gladius | Swordfish |
| Alopiidae | Alopias superciliosus | Bigeye thresher shark |
| Alopiidae | Alopias vulpinus | Thresher |
| Carcharhinidae | Carcharhinus falciformis | Silky shark |
| Carcharhinidae | Carcharhinus galapagensis | Galapagos shark |
| Carcharhinidae | Carcharhinus longimanus | Oceanic whitetip shark |
| Carcharhinidae | Prionace glauca | Blue shark |
| Lamnidae | Carcharodon carcharias | Great white shark |
| Lamnidae | Isurus oxyrinchus | Shortfin mako shark |
| Lamnidae | Isurus paucus | Longfin mako shark |
| Lamnidae | Lamna nasus | Porbeagle shark |
| Sphyrnidae | Sphyrna lewini | Scalloped hammerhead |
| Sphyrnidae | Sphyrna mokarran | Great hammerhead |
| Sphyrnidae | Sphyrna zygaena | Smooth hammerhead |
| Rhincodontidae | Rhincodon typus | Whale shark |
| Pseudocarchariidae | Pseudocarcharias kamoharai | Crocodile shark |
| Cetorhinidae | Cetorhinus maximus | Basking shark |
| Dasyatidae | Pteroplatytrygon violacea | Pelagic stingray |
| Mobulidae | Manta alfredi | N/A [^E0013] |
| Mobulidae | Manta birostris | Giant manta |
| Mobulidae | Mobula hypostoma | Lesser devil ray |
| Mobulidae | Mobula japonica | N/A [^E0013] |
| Mobulidae | Mobula mobular | Devil fish |
| Mobulidae | Mobula tarapacana | Chilean devil ray |
| Mobulidae | Mobula thurstoni | Bentfin devil ray |
Common name not available.
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 Identifier | FAD & electronic equipment types | FAD & electronic equipment types | FAD Design characteristics | FAD Design characteristics | FAD Design characteristics | FAD Design characteristics | Observation |
|---|---|---|---|---|---|---|---|---|
| FAD Marking | Associated beacon ID | FAD Type | Type of the associated beacon and /or electronic devices | FAD floating part | FAD floating part | FAD underwater hanging structure | FAD underwater hanging structure | Observation |
| FAD Marking | Associated beacon ID | FAD Type | Type of the associated beacon and /or electronic devices | Dimensions | Materials | Dimensions | Materials | Observation |
| [^E0014] | [^E0014] | [^E0015] | [^E0016] | [^E0017] | [^E0018] | [^E0017] | [^E0019] | [^E0020] |
| … | … | … | … | … | … | … | … | … |
| … | … | … | … | … | … | … | … | … |
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.
Anchored FAD, drifting natural FAD or drifting artificial FAD.
E.g. GPS, sounder, etc. If no electronic device is associated to the FAD, note this absence of equipment.
E.g. width, length, high, depth, mesh sizes, etc.
Mention the material of the structure and of the cover and if biodegradable.
E.g. nets, ropes, palm leaves, etc. and mention the entangling and/or biodegradable features of the material.
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
- 1.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.
- 2.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
- 3.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.
- 4.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.
- 5.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.
- 6.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
- 7.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
- 1.An appropriate towed device on the section of the tori line in the water can improve the aerial extension.
- 2.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.
- 3.The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line.
- 4.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.
- 5.Each streamer should consist of two or more strands.
- 6.Each streamer pair should be detachable by means of a clip so that line stowage is more efficient.
Deployment of tori lines
- 1.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.
- 2.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.
- 3.Deployment of multiple tori lines is encouraged to provide even greater protection of baits from birds.
- 4.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.
- 5.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.
- 6.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.
- 7.Fishermen are encouraged to install manual, electric or hydraulic winches to improve ease of deployment and retrieval of tori lines.
ANNEX VI
Safe handling and release practices for sea turtles
A. Purse seine safe handling and release
- 1.Whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the sea turtle before it becomes entangled in the net.
- 2.No sea turtle shall be hauled from the water by a fishing line attached to, or entangled upon, the body of a sea turtle.
- 3.If a sea turtle is entangled during net roll, the net roll shall be stopped as soon as the turtle comes out of the water; the turtle shall be disentangled without injuring it before resuming the net roll.
- 4.If, in spite of the measures taken, a sea turtle is accidentally brought on board the vessel and is alive and active, or dead, the sea turtle shall be released as quickly as practicable.
- 5.If a sea turtle is brought aboard the vessel and is comatose or inactive, resuscitation shall be attempted in accordance with Section C.
B. Longline safe handling and release
- 1.When practicable, and if the operator or crew members on board are trained, comatose sea turtles shall be brought on board immediately.
- 2.Upon sighting a sea turtle, the vessel and line reel speed shall be slowed and the vessel direction adjusted to move toward the sea turtle, minimising tension on the line.
- 3.No sea turtle shall be hauled from the water by a fishing line attached to or entangled upon the body of a sea turtle.
- 4.If a sea turtle is too large or is hooked in such a manner as to preclude safe boarding without causing further damage or injury to the sea turtle, line clippers shall be used to clip the line and remove as much line as possible prior to releasing the sea turtle.
- 5.If a sea turtle is observed to be hooked or entangled by longline gear during hauling operations, the vessel operator shall immediately cease hauling operations until the sea turtle has been removed from the longline gear or brought on board the vessel.
- 6.If a sea turtle is hooked externally or a hook is fully visible, the hook shall be removed from the sea turtle as quickly and carefully as possible. If a hook cannot be removed from the sea turtle (e.g. ingested or in roof of mouth), the line shall be cut as close to the hook as possible.
- 7.Live sea turtles shall be returned to the sea after handling in the following manner:
- (a) putting the vessel engine in neutral gear so that the propeller is disengaged and the vessel is stopped, and releasing the sea turtle away from deployed gear; and
- (b) observing that the sea turtle is safely away from the vessel before engaging the propeller and continuing operations.
- 8.If the sea turtle brought aboard the vessel is comatose or inactive, resuscitation shall be attempted in accordance with Section C.
C. Resuscitation for a sea turtle on board
- 1.When handling a sea turtle, attempts shall be made to hold the animal by the shell, avoiding the head and neck region, and the flippers.
- 2.It shall be strived to remove and/or disentangle any foreign items from the sea turtle, such as any plastic items, netting or embedded hooks, etc.
- 3.The sea turtle shall be placed on its bottom shell (plastron) so that the sea turtle is right side up, safely isolated and immobilized on a cushioned surface, such as an automobile tire without a rim, a boat cushion or a coil of rope. The primary purpose of the cushioned surface is to elevate the sea turtle from the deck to assist in restraining it. Elevate its hindquarters at least 6 inches (15 cm) for a period of 4 up to 24 hours. The degree of the elevation depends on the size of the turtle; greater elevations are needed for larger sea turtles. Periodically, rock the sea turtle gently left to right and right to left by holding the outer edge of the shell (carapace) and lifting one side about 3 inches (8 cm) then alternate to the other side. Gently touch the eye and pinch the tail (reflex test) periodically to see if there is a response.
- 4.Sea turtles being resuscitated shall be shaded and kept damp or moist but shall under no circumstances be placed into a container holding water. A water-soaked towel placed over the head, carapace and flippers is the most effective method to keep a sea turtle moist.
- 5.Sea turtles that revive and become active shall be released over the stern of the boat only when fishing gear is not in use (i.e. not actively being set or hauled), when the engine gears are in neutral position, and in areas where they are unlikely to be recaptured or injured by vessels.
- 6.Sea turtles that fail to respond to the reflex test or fail to move within 4 hours (up to 24 hours, if possible) shall be returned to the water in the same manner as that for actively moving sea turtles.
ANNEX VII
IN-PORT TRANSHIPMENT
-
- 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
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.
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
-
- 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
-
- 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
- 1.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.
- 2.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
- 3.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
- 4.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.
- 5.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.
- 6.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.
- 7.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.
- 8.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
- 9.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.
ANNEX IX
Minimum standards for safe handling and live release procedures for North and South Atlantic shortfin mako sharks
This Annex sets out minimum standards for safe handling practices for North and South Atlantic shortfin mako sharks, and includes specific recommendations for both longline and purse seine fisheries.
These minimum standards are appropriate for live shortfin mako sharks when released, whether under no-retention policies or voluntarily. These minimum standards do not replace any stricter safety rules that may have been established under national law.
-
- Safety first: These minimum standards shall be considered in light of the safety of and practicability for crew members. The safety of crew members shall always come first. As a minimum, crew members shall wear suitable gloves and avoid working near the mouths of sharks.
-
- Training: Training materials are available to Member States in the three ICCAT official languages.
-
- Method of release: To the greatest extent practicable, all sharks being released shall remain in the water at all times unless it is necessary to lift sharks for species identification. This includes cutting the line to free the shark while it is still in the water, using bolt cutters or dehooking devices to remove the hook if possible, or cutting the line as close to the hook as possible (leaving as little trailing line as possible).
-
- Be prepared: Tools shall be prepared in advance (e.g. canvas or net slings, stretchers for carrying or lifting, large mesh net or grid to cover hatches or hoppers in purse seine fisheries and long handled cutters and de-hookers in longline fisheries, listed under Section E).
A. General recommendations for all fisheries
- 1.If operationally safe to do so, stop the vessel or have its speed substantially reduced.
- 2.When the shark is entangled (in netting, fishing line, etc.), if safe to do so, carefully cut the net or line free from the shark and release it to the sea as quickly as possible with no entanglements attached.
- 3.Where feasible, and while keeping the shark in the water, try to measure the length of the shark.
- 4.To prevent bites, place an object, such as a fish or big stick or wooden pole, in the jaw.
- 5.If, for whatever reason, a shark must be brought on the deck, then minimise the time it takes to return it to the water to increase its chance of survival and reduce risks to the crew members.
B. Longline fisheries specific safe handling practices
- 1.Bring the shark as close to the vessel as possible without putting too much tension on the branchline to avoid the possibility that a released hook or branchline break could shoot hook, weights and other parts toward the vessels and crew members at high speed.
- 2.Secure the far side of the longline mainline to the boat so that no gear remaining in the water pulls on the line and the shark.
- 3.If hooked, and the hook is visible in the body or mouth, use a dehooking device or long-handled bolt cutter to remove the hook barb, and then remove the hook.
- 4.If it is not possible to remove the hook or the hook cannot be seen, cut the line of the trace (or snood, leader) as close to the hook as possible (ideally leaving as little line and/or leader material as possible and no weights attached to the shark).
C. Purse seine fisheries specific safe handling practices
- 1.If in purse seine: Scan the net as far ahead as possible to spot any sharks early so as to react quickly. Avoid lifting the sharks up in the net towards the power block. Reduce vessel speed to slacken the tension of the net and allow the entangled shark to be removed from the net. If necessary, use clippers to cut the net.
- 2.If in brail or on deck: Use a purpose-built large-mesh cargo net or canvas sling or similar device. If the vessel layout allows, the sharks could also be released by emptying the brail directly onto a hopper and release ramp held up at an angle that connects to an opening on the top deck railing, without need to be lifted or handled by the crew members.
D. Specific recommendations and safe handling practices for all fisheries
- 1.To the greatest extent practicable, do not lift sharks from the water using the branchline, especially if hooked, unless it is necessary to lift sharks for species identification.
- 2.Do not lift sharks using thin wires or cables, or by the tail alone.
- 3.Do not strike a shark against any surface, for example to remove the animal from the line.
- 4.Do not attempt to dislodge any hook that is deeply ingested and not visible.
- 5.Do not try to remove a hook by pulling sharply on the branchline.
- 6.Do not cut the tail or any other body part.
- 7.Do not cut or punch holes in the shark.
- 8.Do not gaff or kick a shark, or insert hands into the gill slits.
- 9.Do not expose the shark to the sun for extended periods.
- 10.Do not wrap your fingers, hands or arms in the line when bringing a shark to the boat (could result in serious injury).
E. Useful tools for safe handling and release:
- (a) gloves (shark skin is rough; ensures safe handling of shark and protects crew members’ hands from bites);
- (b) towel or cloth (a towel or cloth soaked in seawater can be placed on the eyes of the shark to calm shark down);
- (c) dehooking devices (e.g. pig tail dehooker, bolt or plier cutters);
- (d) shark harness or stretcher (if needed);
- (e) tail rope (to secure a hooked shark if it needs to be removed from the water);
- (f) saltwater hose (if anticipated that it may require more than 5 minutes to release a shark, then place a hose into its mouth so seawater flows into it at a moderate rate; make sure deck pump has been running several minutes before placing it in a sharks mouth);
- (g) measuring device or method (e.g. mark a pole, leader and float, or a measuring tape);
- (h) data sheet for recording all catch;
- (i) tagging gear (if applicable).
ANNEX X
Guidelines for reducing the ecological impact of FADs in ICCAT fisheries
- 1.The surface structure of the FAD shall not be covered or shall be, if covered, covered only with material implying minimum risk of entangling by-catch species.
- 2.The sub-surface components of the FAD shall be composed exclusively of non-entangling material (e.g. no ropes or canvas).
- 3.When designing FADs, the use of biodegradable materials shall be prioritised.
[^E0001]: Procedure number 2015/0289(COD), not yet published in the Official Journal.
[^E0002]: Procedure number 2015/0289(COD), not yet published in the Official Journal.
[^E0003]: Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
[^E0007]: Procedure number 2015/0289(COD), not yet published in the Official Journal.
[^E0008]: 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).
[^E0009]: 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).
[^E0010]: Procedure number 2015/0289(COD), not yet published in the Official Journal.
[^E0011]: Procedure number 2015/0289(COD), not yet published in the Official Journal.
[^E0012]: Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007 (OJ L 315, 30.11.2017, p. 1).’.
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