Regulation (EU) 2018/975 of the European Parliament and of the Council of 4 July 2018 laying down management, conservation and control measures applicable in the South Pacific Regional Fisheries Management Organisation (SPRFMO) Convention Area

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down management, conservation and control provisions relating to fishing for straddling fish stocks in the SPRFMO Convention Area.

Article 2

Scope

This Regulation shall apply to:

(a) Union fishing vessels operating in the SPRFMO Convention Area;

(b) Union fishing vessels transhipping fishery products harvested in the SPRFMO Convention Area;

(c) third country fishing vessels upon requesting access to, or being the object of an inspection in, Union ports and carrying fishery products harvested in the SPRFMO Convention Area.

Article 3

Relationship to other Union acts

Except where expressly provided otherwise in this Regulation, this Regulation shall apply without prejudice to Regulations (EC) No 1005/2008, (EC) No 1224/2009 and (EU) 2017/2403.

Article 4

Definitions

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

(1) ‘SPRFMO Convention Area’ means the geographical area marked out in Article 5 of the SPRFMO Convention;

(2) ‘fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;

(3) ‘Union fishing vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(4) ‘SPRFMO fishery resources’ means all marine biological resources within the SPRFMO Convention Area excluding: (a) sedentary species in so far as they are subject to the national jurisdiction of coastal States pursuant to Article 77, paragraph 4 of the United Nations Convention on the Law of the Sea of 10 December 1982 (‘UNCLOS’); (b) highly migratory species listed in Annex I to UNCLOS; (c) anadromous and catadromous species; (d) marine mammals, marine reptiles and sea birds;

(5) ‘SPRFMO fishery products’ means aquatic organisms, or products derived therefrom, resulting from any fishing activity within the SPRFMO Convention Area;

(6) ‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring and landing of fish and fishery products;

(7) ‘bottom fishing’ means the fishing by any fishing vessel using any gear which is likely to come in contact with the seafloor or benthic organisms during the normal course of operations;

(8) ‘bottom fishing footprint’ means the spatial extent of bottom fishing in the SPRFMO Convention Area during the period 1 January 2002 to 31 December 2006;

(9) ‘IUU fishing’ means any illegal, unreported or unregulated fishing activities as defined in points 1 to 4 of Article 2 of Regulation (EC) No 1005/2008;

(10) ‘draft SPRFMO IUU vessel list’ means the initial list of fishing vessels presumed to have undertaken IUU fishing, as drafted by the SPRFMO Secretariat and submitted to the SPRFMO Compliance and Technical Committee forconsideration;

(11) ‘exploratory fishery’ means a fishery that has not been subject to fishing or has not been subject to fishing with a particular gear type or technique in the previous 10 years;

(12) ‘large-scale pelagic driftnet’ means a gillnet or other net, or a combination of nets, which is more than 2,5 kilometres in length the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface or in the water;

(13) ‘deepwater gillnets’ e.g. trammel nets, set nets, anchored nets, sink nets, means strings of single, double or triple netting walls, held vertically, on or near the bottom, in which fish will gill, entangle or enmesh. Deepwater gillnets consist of single or, less commonly, double or triple netting mounted together on the same frame ropes. Several types of nets may be combined in one gear. Those nets can be used either alone or, as is more usual, in large numbers placed in line (‘fleets’ of nets). The gear can be set, anchored to the bottom or left drifting, free or connected with the vessel;

(14) ‘SPRFMO Cooperating Non-Contracting Party’ (CNCP) means a State or fishing entity that it is not a party to the SPRFMO Convention but has agreed to fully cooperate in the implementation of the SPRFMO conservation and management measures;

(15) ‘SPRFMO record of vessels’ means the list of fishing vessels authorised to fish in the SPRFMO Convention Area, as notified by the Contracting Parties and CNCPs, which is maintained by the SPRFMO Secretariat;

(16) ‘transhipment’ means the unloading of all or any fishery products on board a fishing vessel to another fishing vessel;

(17) ‘other species of concern’ means species listed in Annex XIII;

(18) ‘vulnerable marine ecosystem’ (VME) means any marine ecosystem the integrity (i.e. ecosystem structure or function) of which is, according to the best scientific information available and to the precautionary principle, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds.

TITLE II

MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN SPECIES

CHAPTER I

Jack mackerel (

Trachurus murphyi )

Article 5

Information on quota exhaustion for jack mackerel

Member States shall inform the Commission without delay of the date of the closure of a fishery for jack mackerel that has reached 100 % of its catch limit. The Commission shall promptly transmit that information to the SPRFMO Secretariat.

Article 6

Observer coverage in the jack mackerel fishery

Member States shall ensure a minimum 10 % scientific observer coverage of trips for fishing vessels flying their flag. For fishing vessels undertaking no more than two trips per year, the 10 % observer coverage shall be calculated by reference to active fishing days for trawlers, and by reference to sets for purse-seiners.

Article 7

Data reporting for jack mackerel

In addition to paragraph 1, Member States shall report to the Commission the following data regarding jack mackerel fisheries:

(a) by the 15th day of each month, the list of fishing vessels flying their flag that are actively fishing or engaged in transhipment in the SPRFMO Convention Area in the preceding month. The Commission shall transmit that information to the SPRFMO Secretariat by the 20th day of each month;

(b) not later than 45 days before the SPRFMO Scientific Committee meeting, the annual scientific report covering the previous year, including observer data to the maximum extent possible. The Commission shall transmit that information to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee meeting.

Article 8

Allocation of fishing opportunities for jack mackerel

In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities for jack mackerel stocks available to them, Member States shall use transparent and objective criteria, including those of an environmental, social and economic nature, and shall also endeavour to distribute national quotas fairly among the various fleet segments, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.

CHAPTER II

Seabirds

Article 9

Seabird mitigation measures for longliners

Article 10

Seabird mitigation measures for trawlers

Article 11

Seabird data reporting

In the annual scientific report referred to in point (b) of Article 7(2) Member States shall indicate:

(a) the seabird mitigation measures used by each fishing vessel flying their flag and fishing in the SPRFMO Convention Area;

(b) the level of observer coverage dedicated to recording seabird by-catch;

(c) any observed seabird interaction data.

TITLE III

MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN FISHING METHODS

CHAPTER I

Bottom fishing

Article 12

Bottom fishing authorisation

Member States whose vessels intend to engage in bottom fishing activities in the SPRFMO Convention Area shall submit a request for authorisation to the Commission not later than 45 days before the SPRFMO Scientific Committee meeting at which they wish the request to be considered. The Commission shall forward the request to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee meeting. The request shall contain:

(a) the bottom fishing footprint, based on the track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 established by the Member State concerned;

(b) the average annual catch level over the period 1 January 2002 to 31 December 2006;

(c) a bottom fishing impact assessment;

(d) an evaluation as to whether the proposed activities both promote the sustainable management of target species and non-target species taken as by-catch, and protect the marine ecosystems in which those resources occur, including by preventing significant adverse impacts on VMEs.

Article 13

Bottom fishing outside the bottom fishing footprint or exceeding reference period catch levels

Member States whose vessels intend to fish outside the bottom fishing footprint or intend to exceed the average annual catch level referred to in point (b) of Article 12(2) shall submit a request for authorisation to the Commission not later than 80 days before the SPRFMO Scientific Committee meeting of the year in which they wish their request to be considered. The Commission shall forward the request to the SPRFMO Secretariat not later than 60 days before the SPRFMO Scientific Committee meeting. The request shall contain:

(a) a bottom fishing impact assessment;

(b) an evaluation as to whether the proposed activities both promote the sustainable management of target species and non-target species taken as by-catch, and protect the marine ecosystems in which those resources occur, including by preventing significant adverse impacts on VMEs.

Article 14

VMEs in bottom fishing

Article 15

Observer coverage in bottom fishing

Member States shall ensure 100 % observer coverage of trawlers flying their flag engaged in bottom fishing and at least 10 % of fishing vessels flying their flag deploying other bottom fishing gear.

Article 16

Data reporting for bottom fishing

CHAPTER II

Exploratory fisheries

Article 17

Exploratory fisheries authorisation

Member States intending to authorise a fishing vessel flying their flag to fish in an exploratory fishery shall submit to the Commission, not later than 80 days in advance of the SPRFMO Scientific Committee meeting:

(a) a request for authorisation providing the information contained in Annex V;

(b) a Fisheries Operation Plan in accordance with Annex VI, including a commitment to comply with the SPRFMO Data Collection Plan referred to in Article 18(3), (4) and (5).

Article 18

Exploratory fisheries

Article 19

Fishing vessel replacement in exploratory fisheries

Notwithstanding Articles 17 and 18, Member States may authorise fishing in an exploratory fishery by a vessel flying their flag which is not identified in the Fisheries Operation Plan if a Union fishing vessel identified in the Fisheries Operation Plan is prevented from fishing on account of legitimate operational or force majeure reasons. In such circumstances, the Member State concerned shall inform the Commission without delay and provide:

(a) full details of the intended replacement vessel;

(b) a comprehensive account of the reasons for the replacement and any relevant supporting evidence;

(c) specifications and a full description of the types of fishing gear to be used by the replacement vessel.

CHAPTER III

Large-scale pelagic driftnets, deepwater gillnets and other gillnets

Article 20

Large-scale pelagic driftnets and deepwater gillnets

The use of large-scale pelagic driftnets and all deepwater gillnets shall be prohibited throughout the SPRFMO Convention Area.

Article 21

Gillnets

Member States whose vessels intend to transit the SPRFMO Convention Area with gillnets on board shall:

(a) give at least 36 hours advance notice to the SPRFMO Secretariat prior to the vessel entering the SPRFMO Convention Area, including the expected entry and exit dates and length of gillnet carried on board;

(b) ensure that the vessels flying their flag operate a vessel monitoring system (VMS) reporting once every two hours while in the SPRFMO Convention Area;

(c) submit VMS position reports to the SPRFMO Secretariat within 30 days of the vessel leaving the SPRFMO Convention Area; and

(d) if gillnets are accidentally lost or fall overboard from the vessel, report the date, time, position and length (metres) of gillnets lost to the SPRFMO Secretariat as soon as possible and in any event within 48 hours of the gear being lost or having fallen overboard.

TITLE IV

COMMON CONTROL MEASURES

CHAPTER I

Authorisations

Article 22

SPRFMO record of vessels

CHAPTER II

Transhipment

Article 23

General provisions on transhipment

This Chapter shall apply to transhipment operations carried out:

(a) within the SPRFMO Convention Area in respect of SPRFMO fishery resources, and other species caught in association with these resources, that were harvested in the SPRFMO Convention Area;

(b) outside the SPRFMO Convention Area in respect of SPRFMO fishery resources, and other species caught in association with these resources, that were harvested in the SPRFMO Convention Area.

Article 24

Notification of transhipment of jack mackerel and demersal species

Regardless of where the transhipment takes place, in case of transhipment of jack mackerel and demersal species caught in the SPRFMO Convention Area by Union fishing vessels, the authorities of the flag Member State shall simultaneously transmit to the Commission and the SPRFMO Secretariat the following information:

(a) a notification of the intention to tranship, which shall indicate a 14-day period in which the transhipment of jack mackerel and demersal species caught in the SPRFMO Convention Area is scheduled to occur, and which shall be received seven days in advance of the first day of the 14-day period;

(b) a notification of the actual transhipment, which shall be received at least 12 hours before the estimated time of such activities.

Member States may authorise the Union fishing vessel operator to transmit that information directly to the SPRFMO Secretariat by electronic means subject to the simultaneous transmission of the information to the Commission.

Article 25

Monitoring of transhipment of jack mackerel and demersal species

Article 26

Information to be reported after the transhipment of jack mackerel and demersal species

CHAPTER III

Data collection and reporting

Article 27

Data collection and reporting

CHAPTER IV

Observer programmes

Article 28

Observer programmes

Article 29

Vessel monitoring system

CHAPTER V

Control of third country fishing vessels in Member State ports

Article 30

Points of contact and designated ports

A Member State wishing to grant access to its ports to third country fishing vessels carrying SPRFMO fishery products caught in the SPRFMO Convention Area or fishery products originating from such resources that have not been previously landed or transhipped at port or at sea shall:

(a) designate the ports to which third country fishing vessels may request entry pursuant to Article 5 of Regulation (EC) No 1005/2008;

(b) designate a point of contact for the purposes of receiving prior notice pursuant to Article 6 of Regulation (EC) No 1005/2008;

(c) designate a point of contact for the purposes of receiving inspection reports pursuant to Article 11(3) of Regulation (EC) No 1005/2008.

Article 31

Prior notification

By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, port Member States shall require third country fishing vessels intending to land or tranship in their ports SPRFMO fishery resources that have not been previously landed or transhipped to provide, not later than 48 hours before the estimated time of arrival at the port, the following information in accordance with Annex XI:

(a) vessel identification (external identification, name, flag, International Maritime Organization (IMO) number, if any, and international radio call sign (IRCS));

(b) name of the designated port to which the fishing vessel seeks entry and the purpose of the port call (landing or transhipment);

(c) a copy of the fishing authorisation or, where appropriate, any other authorisation held by the fishing vessel to support operations on SPRFMO fishery products, or to tranship such fishery products;

(d) estimated date and time of arrival in port;

(e) the estimated quantities in kilograms of each SPRFMO fishery product held on board, with associated catch areas. If no SPRFMO fishery products are held on board, a ‘nil’ report shall be transmitted;

(f) the estimated quantities for each SPRFMO fishery product in kilograms to be landed or transhipped, with associated catch areas;

(g) the crew list of the fishing vessel;

(h) the dates of the fishing trip.

Article 32

Authorisation to land or tranship in ports

After receiving the relevant information pursuant to Article 31, a port Member State shall decide whether to authorise or deny the third country fishing vessel entry into its port. Where a third country fishing vessel has been denied entry, the port Member State shall inform the Commission which shall forward the information to the SPRFMO Secretariat without delay. Port Member States shall deny entry to fishing vessels included in the SPRFMO list of IUU vessels.

Article 33

Port inspections

Without prejudice to Article 9(2) of Regulation (EC) No 1005/2008, port Member States shall inspect third country fishing vessels when:

(a) there is a request from another Contracting Party, CNCP or relevant RFMO that a particular fishing vessel be inspected, particularly where such requests are supported by evidence of IUU fishing by the fishing vessel in question, and there are clear grounds for suspecting that a fishing vessel has engaged in IUU fishing;