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;

(b) a fishing vessel has failed to provide complete information as required in Article 31;

(c) a fishing vessel has been denied entry or use of a port in accordance with SPRFMO or another RFMO's provisions.

Article 34

Inspection procedure

Article 35

Procedure in case of evidence of infringements of SPRFMO conservation and management measures during port inspections

CHAPTER VI

Enforcement

Article 36

Alleged infringements of SPRFMO conservation and management measures reported by the Member States

Member States shall submit to the Commission any documented information that indicates possible instances of non-compliance by any fishing vessel with SPRFMO conservation and management measures in the SPRFMO Convention Area over the past two years at least 145 days in advance of the annual meeting of the SPRFMO Commission. The Commission shall examine that information and, if appropriate, forward it to the SPRFMO Secretariat at least 120 days in advance of the annual meeting.

Article 37

Inclusion of a Union fishing vessel in the draft SPRFMO IUU vessel list

Article 38

Measures concerning fishing vessels included in the SPRFMO IUU vessel list

Article 39

Alleged non-compliance reported by the SPRFMO Secretariat

Article 40

Alleged infringements of SPRFMO conservation and management measures reported by a Contracting Party or CNCP

Article 41

Technical failure of the satellite-tracking device

In case of technical failure of their satellite-tracking device, Union fishing vessels shall report the following data to the FMC of the Member State to which they are flagged every four hours, by appropriate telecommunication means:

(a) IMO number;

(b) IRCS;

(c) vessel name;

(d) vessel master's name;

(e) position (latitude and longitude), date and time (UTC);

(f) activity (fishing/transit/transhipping).

TITLE V

FINAL PROVISIONS

Article 42

Confidentiality

Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the rules on confidentiality set out in Articles 112 and 113 of Regulation (EC) No 1224/2009.

Article 43

Procedure for amendments

In order to incorporate into Union law amendments to SPRFMO conservation and management measures, the Commission shall be empowered to adopt delegated acts in accordance with Article 44 amending:

(a) the Annexes to this Regulation;

(b) the time limits laid down in Articles 7(1) and (2), 11, 12(2), 13(2), 16(1) and (2), 17(1) and (2), 22(1) to (4), 24(1), 25(2), 26(1), 27(2) and (3), 28(2) and (3), 29(1), 30(2), 31(1), 34(5) and (6), 35(2) and (3), 36, 37(1), 39(2), 40(2) and (3), and 41(1) and (2).

(c) observer coverage laid down in Articles 6 and 15;

(d) the reference period to determine the bottom fishing footprint in Article 12(2);

(e) the inspection coverage laid down in Article 33(1);

(f) the type of data and information requirements laid down in Articles 7(2), 11, 12(2) and (3), 13(2) and (3), 14(1), 16(1) and (2), 17(1), 18(2) and (3), 19(1), 24(1), 25(2), 27(2) and (3), 28(3), 31(1) and 41(1).

Article 44

Exercise of the delegation

Article 45

Committee procedure

Article 46

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

Line weighting standards

Vessels shall use a longline weighting regime that achieves a demonstrable minimum longline sink rate of 0,3 metre/second to 15 metre depth for gear. In particular:

(a) external weighted lines in Spanish system and trot lines shall use a minimum of 8,5 kg mass at intervals of no more than 40 m if rocks are used, 6 kg mass at intervals of no more than 20 m for concrete weights, and 5 kg weights at intervals of no more than 40 m for solid metal weights;

(b) external weighted lines in autoline shall use a minimum 5 kg mass at intervals no more than 40 m, which shall be released from vessels in a manner that avoids tension astern (tension astern may lift sections of the longline already deployed out of the water);

(c) Internal weighted lines shall have a lead core of at least 50 g/m.

ANNEX II

Bird scaring lines specifications

Two bird scaring lines shall be carried at all times and shall be deployed whenever fishing gear is being set from the vessel. In particular:

(a) bird scaring lines shall be attached to the vessel so that when deployed the baits are protected by the streamer line, even in cross winds;

(b) bird scaring lines shall use brightly coloured streamers long enough to reach the sea surface in calm conditions (‘long streamers’) placed at intervals of no more than 5 m for at least the first 55 m of streamer line and shall be attached to the line with swivels that prevent streamers from wrapping around the line;

(c) bird scaring lines may also use streamers a minimum of 1 m in length (‘short streamers’) placed at intervals of no more than 1 m;

(d) if bird scaring lines breaks or is damaged while in use, they shall be repaired or replaced so that the vessel meets these specifications before any further hooks enter the water;

(e) bird scaring lines shall be deployed so that: (i) they remain above the water surface when the hooks have sunk to a depth of 15 m, or (ii) they have a minimum length of 150 m when extended and suspended from a point on the vessel at least 7 m above the water in the absence of swell.

ANNEX III

Bird baffler specifications

A bird baffler consists of two or more booms attached to the stern quarter of the vessel, with at least one boom attached to the starboard stern quarter and at least one boom attached to the port stern quarter:

(a) each boom shall extend a minimum of 4 m outwards from the side or stern of the vessel;

(b) dropper lines shall be attached to the booms no more than 2 m apart;

(c) plastic cones, rods or other brightly coloured and durable material shall be attached to the ends of the dropper lines so that the bottom of the cone, rod or material is not more than 500 mm above the water, in the absence of wind and swell;

(d) lines or webbing may be attached between the dropper lines to prevent tangling.

ANNEX IV

Guidelines for the preparation and submission of notifications of encounters with VMEs

1. General information

Include contact information, flag, vessel name(s) and dates of data collection.

2. VME location

Indicate start and end positions of all gear deployments and observations.

Provide maps of fishing locations, underlying bathymetry or habitat and spatial scale of fishing.

Indicate depth(s) fished.

3. Fishing gear

Indicate fishing gears used at each location.

4. Additional data collected

Indicate additional data collected at or near the locations fished, if possible.

Data such as multibeam bathymetry, oceanographic data such as CTD profiles, current profiles, water chemistry, substrate types recorded at or near those locations, other fauna observed, video recordings, acoustic profiles etc.

5. VME taxa

For each station fished, provide details of VME taxa observed, including their relative density, absolute density, or number of organisms if possible.

ANNEX V

Standards for vessel data

1.The following fields of data shall be collected pursuant to Articles 16, 17 and 22:

(i) Current vessel flag and name of vessel

(ii) Registration number

(iii) IRCS (if any)

(iv) UVI (Unique Vessel Identifier)/IMO number

(v) Previous names (if known)

(vi) Port of registry

(vii) Previous flag

(viii) Type of vessel

(ix) Type of fishing method(s)

(x) Length

(xi) Length type e.g. ‘LOA’, ‘LBP’

(xii) Gross tonnage – GT (to be provided as the preferred unit of tonnage)

(xiii) Gross registered tonnage – GRT (to be provided if GT not available; may also be provided in addition to GT)

(xiv) Power of main engine(s) (kw)

(xv) Hold capacity (m³; if applicable)

(xvi) Freezer type (if applicable)

(xvii) Number of freezer units (if applicable)

(xviii) Freezing capacity (if applicable)

(xix) Vessel communication types and numbers (INMARSAT A, B and C numbers);

(xx) VMS system details (brand, model, features and identification);

(xxi) Name of owner(s)

(xxii) Address of owner(s)

(xxiii) Vessel authorisation start date

(xxiv) Vessel authorisation end date

(xxv) Date of inclusion in the SPRFMO record of vessels

(xxvi) Good quality high resolution digital photographs of the vessel of appropriate brightness and contrast, no older than 5 years at the time the vessel is first authorised, which shall consist of at least: (i) one photograph showing the starboard side of the vessel displaying its full overall length and complete structural features; (ii) one photograph showing the port side of the vessel displaying its full overall length and complete structural features; (iii) one photograph showing the stern taken directly from astern, including any superstructure. Photos shall be updated when changes to the vessel characteristics are made (e.g. modified hull, superstructure, external markings). Photos shall be submitted in one of the following file formats: jpeg, png, or tiff.

2.The following information is to be provided if available when practicable:

(i) External markings (such as vessel name, registration number or IRCS)

(ii) Types of fish processing lines (if applicable)

(iii) Date of construction

(iv) Place of construction

(v) Moulded depth

(vi) Beam

(vii) Electronic equipment on board (for example radio, echo sounder, radar, netsonda)

(viii) Name of licence owner(s) (if different from vessel owner)

(ix) Address of licence owner(s) (if different from vessel owner)

(x) Name of operator(s) (if different from vessel owner)

(xi) Address of operator(s) (if different from vessel owner)

(xii) Name of vessel master

(xiii) Nationality of vessel master

(xiv) Name of fishing master

(xv) Nationality of fishing master

ANNEX VI

Fisheries Operation Plan for exploratory fisheries

The Fisheries Operation Plan shall include the following information, to the extent it is available:

(i) a description of the exploratory fishery, including area, target species, proposed methods of fishing, proposed maximum catch limits and any apportionment of that catch limit among areas or species;

(ii) specification and full description of the types of fishing gear to be used, including any modifications made to gear intended to mitigate the effects of the proposed fishing on non-target and associated or dependent species or the marine ecosystem in which the fishery occurs;

(iii) the time period covered by the Fisheries Operation Plan (up to a maximum period of three years);

(iv) any biological information on the target species from comprehensive research or survey cruises, such as distribution, abundance, demographic data and information on stock identity;

(v) details of non-target and associated or dependent species and the marine ecosystem in which the fishery occurs, the extent to which these would likely be affected by the proposed fishing activity and any measures that will be taken to mitigate these effects;

(vi) the anticipated cumulative impact of all fishing activity in the area of the exploratory fishery if applicable;

(vii) information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of the relevant exploratory fishery's potential yield, to the extent the Member State is able to provide that information;

(viii) if the proposed fishing activity is bottom fishing, the assessment of the impact of bottom fishing activities of vessels flying the flag of the Member State in question, in line with Articles 12 and 13;

(ix) where the target species is also managed by an adjacent RFMO to the SPRFMO or similar organisation, a description of that neighbouring fishery sufficient to allow the SPRFMO Scientific Committee to formulate its advice.

ANNEX VII

Advanced transhipment notification

(a) Member State providing the data submission (b) Anticipated transhipment date (UTC) (c) Anticipated transhipment time (UTC), if available (d) Anticipated transhipment latitude (decimal degrees) (e) Anticipated transhipment longitude (decimal degrees) (f) Form completed by (vessel name)

(a) Name of vessel (b) Registration number (c) IRCS (d) Vessel flag state (e) IMO number (f) Name and nationality of vessel master (g) Estimated quantity by weight of fish on board prior to the transhipment by species, product form and catch area (h) Estimated quantity by weight to be transhipped by species, product form and catch area

(a) Name of vessel (b) Registration number (c) IRCS (d) Vessel flag state (e) IMO number (f) Name and nationality of vessel master (g) Estimated quantity by weight of fish on board prior to the transhipment by species, product form and catch area.

ANNEX VIII

Observer Transhipment Log Sheet

Name of vessel Registration number IRCS Vessel flag State IMO number Master’s name and nationality

Name of vessel Registration number Radio call sign Vessel flag State IMO number Master’s name and nationality

Date and time of commencement of transhipment (UTC) Date and time of completion of transhipment (UTC) If transhipment in port: Name, country, and code () of port If transhipment at sea: Position (nearest 1/10th degree) at commencement of transhipment If transhipment at sea: Position (nearest 1/10th degree) at completion of transhipment Description of product type by species (such as whole, frozen fish in 20 kg cartons) Species

Product type Species

Product type Species

Product type

Number of cartons, net weight (kg) of product, by species Species

Cartons

Net weight Species

Cartons

Net weight Species

Cartons

Net weight Species

Cartons

Net weight

Total net weight of product transhipped (kg) Hold numbers in reefer vessel in which product is stowed Destination port and country of receiving fishing vessel Estimated arrival date Estimated landing date (¹) United Nations Code for Trade and Transport Locations (UN/LOCODE).

5. Verification

Name of observer Authority Signature

ANNEX IX

Transhipment Declaration

1. Details of unloading fishing vessel

(a) Name of vessel (b) Registration number (c) IRCS (d) Vessel flag state (e) IMO number (f) Name and nationality of vessel master

(a) Name of vessel (b) Registration number (c) IRCS (d) Vessel flag state (e) IMO number (f) Name and nationality of vessel master

(a) Date and time of commencement of transhipment (UTC) (b) Date and time of completion of transhipment (UTC) (c) If transhipped in port: Port state, name of port and port code (d) If transhipped at sea: (i) Position (nearest 1/10^th degree) at commencement of transhipment (latitude and longitude; decimal degree) (ii) Position (nearest 1/10^th degree) at completion of transhipment (latitude and longitude; decimal degree) (e) Destination port of receiving fishing vessel (¹) (f) Arrival date estimate (g) Landing date estimate (h) Hold numbers in receiving fishing vessel in which product is stowed

4. Details of fishery resources transhipped

(a) Details of fishery resources transhipped (i) Species code (3-letter FAO code) (ii) Description of species, by product type (e.g. whole, frozen fish) (iii) Container/carton type (iv) Number of cartons and net weight (kg) of product by container/carton type and by species (v) Total net weight of product transhipped (kg) (b) Fishing gear used (²)

(a) Name of observer (b) Authority

ANNEX X

Observer data

Vessel and observer details are to be recorded only once for each observed trip, and shall be reported in a way that links the vessel data to data required in Sections A, B, C, and D.

A. Vessel and observer data to be collected for each observed trip

1. The following vessel data are to be collected for each observed trip:

B. Catch and effort data to be collected for trawl fishing activity

C. Catch and effort data to be collected for purse seine fishing activity

1. Data are to be collected on an un-aggregated (set by set) basis for all observed purse-seine sets.

D. Catch and effort data to be collected for bottom long line fishing activity

2. The following fields of data are to be collected for each observed set:

E. Length-frequency data to be collected

Representative and randomly sampled length-frequency data are to be collected for the target species and, time permitting, for other main by-catch species. Length data are to be collected and recorded at the most precise level appropriate for the species (cm or mm and whether to the nearest unit or unit below) and the type of measurement used (total length, fork length, or standard length) is also to be recorded. If possible, the total weight of length-frequency samples is to be recorded, or estimated and the method of estimation recorded, and observers may be required to also determine sex of measured fish to generate length-frequency data stratified by sex.

(a) Fish species other than skates, rays and sharks: (i) fork length is to be measured to the nearest cm for fish which attain a maximum length greater than 40 cm fork length (ii) fork length is to be measured to the nearest mm for fish which attain a maximum length less than 40 cm fork length;

(b) Skates and rays:

Maximum disk width is to be measured;

(c) Sharks: Appropriate length measurement to be used is to be selected for each species (see FAO technical report 474 on measuring sharks). As a default, total length is to be measured.

For scientific sampling of species, length measurements may need to be made at a finer resolution than specified in point 1.

F. Biological sampling to be conducted

3. Observers are to be briefed and provided with written length-frequency and biological sampling protocols, where appropriate, and priorities for the above sampling specific to each observer trip.

G. Data to be collected on incidental captures of seabirds, mammals, turtles and other species of concern

H. Detection of fishing in association with VMEs

For each observed trawl, the following data are to be collected for all sensitive benthic species caught, particularly vulnerable or habitat-forming species such as sponges, sea fans, or corals:

(a) Species (identified taxonomically as far as possible, or accompanied by a photograph where identification is difficult);

(b) An estimate of the quantity (weight (kg) or volume (m³)) of each listed benthic species caught in the tow;

(c) An overall estimate of the total quantity (weight (kg) or volume (m³)) of all invertebrate benthic species caught in the tow;

(d) Where possible, and particularly for new or scarce benthic species which do not appear in guides for the identification of species, whole samples are to be collected and suitably preserved for identification on shore.

I. Data to be collected for all tag recoveries

The following data are to be collected for all recovered fish, seabird, mammal or reptile tags if the organism is dead, to be retained, or alive:

(a) Observer name

(b) Vessel name

(c) Vessel call sign

(d) Vessel flag

(e) Collect, label (with all details below) and store the actual tags for later return to the tagging agency

(f) Species from which tag recovered

(g) Tag colour and type (spaghetti, archival)

(h) Tag numbers (The tag number is to be provided for all tags when multiple tags were attached to one fish. If only one tag was recorded, a statement is required that specifies whether or not the other tag was missing.) If the organism is alive and to be released, tag information is to be collected in accordance with predetermined sampling protocols.

(i) Date and time of capture (UTC)

(j) Location of capture (Lat/Lon, to the nearest 1 minute)

(k) Animal length/size (cm or mm) with description of what measurement was taken (such as total length, fork length, etc.). Length measurements are to be collected according to the criteria defined in Section E.

(l) Sex (F = female, M = male, I = indeterminate, D = not examined)

(m) Whether the tags were found during a period of fishing that was being observed (Yes/No)

(n) Reward information (e.g. name and address where to send reward)

(It is recognised that some of the data recorded here duplicates data that already exists in the previous categories of information. This is necessary because tag recovery information may be sent separately to other observer data.)

J. Hierarchies for observer data collection

2.	In the absence of trip- or programme-specific priorities, the following generalised priorities are to be followed by observers: (a) Fishing Operation Information All vessel and tow/set/effort information (b) Reporting of Catches (i) Record time, weight of catch sampled versus total catch or effort (e.g. number of hooks), and total numbers of each species caught (ii) Identification and counts of seabirds, mammals, reptiles (turtles), sensitive benthic species and vulnerable species (iii) Record numbers or weights of each species retained or discarded (iv) Record instances of depredation, where appropriate (c) Biological Sampling (i) Check for presence of tags (ii) Length-frequency data for target species (iii) Basic biological data (sex, maturity) for target species (iv) Length-frequency data for main by-catch species (v) Otoliths (and stomach samples, if being collected) for target species (vi) Basic biological data for by-catch species (vii) Biological samples of by-catch species (if being collected) (viii) Take photos (d) The reporting of catches and biological sampling procedures are to be prioritised among species groups as follows: Species Priority (1 highest) Primary target species (such as jack mackerel, for pelagic fisheries, and orange roughy for demersal fisheries) 1 Seabirds, mammals, reptiles (turtles) or other species of concern 2 Other species typically within top 5 in the fishery (such as blue mackerel for pelagic fisheries, and oreos and alfonsino for demersal fisheries) 3 All other species 4 The allocation of observer effort among these activities will depend on the type of operation and setting. The size of sub-samples relative to unobserved quantities (such as the number of hooks examined for species composition relative to the number of hooks set) is to be explicitly recorded under the guidance of Member State observer programmes.
Species	Priority (1 highest)
Primary target species (such as jack mackerel, for pelagic fisheries, and orange roughy for demersal fisheries)	1
Seabirds, mammals, reptiles (turtles) or other species of concern	2
Other species typically within top 5 in the fishery (such as blue mackerel for pelagic fisheries, and oreos and alfonsino for demersal fisheries)	3
All other species	4

K. Coding specifications to be used for recording observer data

L. Bird scaring line description form

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General Bird Scaring Line Description:

Trip Number

Bird scaring line position

Bird scaring line equipment code

Distance between streamers (m)

Number of streamers (e.g. 7 in this diagram)

Streamer length min/max (m)

Bird scaring line design: (Design shown is paired)

Bird scaring line material

Attached height above water (m)

Backbone length (m)

Towed object

Streamer colours

Streamer material

Bird scaring line aerial coverage length (m)

Additional Comments

BIRD SCARING LINE CODES/LIST OPTIONS:
Position	Design	Towed Object	Material	Colour
Port Side	Single	F = Inverted funnel/plastic cone	T = Plastic tubing	P = Pink
Starboard Side	Paired	L = Length of thick line	S = Plastic strapping	R = Red
Stern		K = Knot or loop of thick line	O = Other	C = Carrot (Orange)
		B = Buoy		Y = Yellow
		N = Netted buoy		G = Green
		S = Sack or bag		B = Blue
		W = Weight		W = Brown
		Z = No towed object		F = Faded colour (any colour)
		O = Other		O = Other
Summary of Inputted Values:
---	---
Trip Number	Distance between streamers
Bird scaring line equipment code	Streamer length (min)
Bird scaring line position	Streamer length (max)
Backbone length	Streamer colour
Aerial coverage length	Streamer material
Attached height above water	Number of streamers
Bird scaring line material	Towed object
Bird scaring line design	Additional comments

M. External line weighting description form

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Bottom Long Line Weighting Form

Single or Double line?

Additional Comments:

Average diameter of floats (m)

Distance b/w sub-surface float and mainline (m)

Number of hooks b/w surface float and anchor

Average mass of weights (kg)

Distance b/w line and weight

Number of hooks b/w sub-surface floats

Number of hooks b/w weights

Summary of Inputted Values:
Single or Double line?	Number of hooks b/w surface float and anchor
Avg mass of weights	Number of hooks b/w sub-surface floats
Distance b/w sub-surface float and mainline	Number of hooks b/w weights
Distance b/w line and weight	Additional comments

N. Bird baffler description form

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Bird Baffler - Top Down View

Side Boom

Connecting Curtain b/w Side and Aft Boom?

PORT

STARBOARD

Boom length

No. of streamers

Height above water

Streamer colour

Streamer material

Side Boom

Distance from stern

STERN

Aft Boom

Aft Boom

Connecting Curtain b/w Aft Booms?

Boom length

No. of streamers

Curtain length

Height above water

No. of streamers

Streamer colour

Curtain length

Height above water

Streamer material

No. of streamers

Streamer colour

Height above water

Streamer material

Streamer colour

Streamer material

Summary of Inputted Values
—  Distance from stern
Side Boom	Aft Boom
—  Boom length	—  Boom length
—  Number of streamers	—  Number of streamers
—  Average distance between streamers	—  Average distance between streamers
—  Height above water	—  Height above water
—  Streamer colour	—  Streamer colour
—  Streamer material	—  Streamer material
Side-Aft Curtain	Aft Curtain
—  Curtain length	—  Curtain length
—  Number of streamers	—  Number of streamers
—  Average distance between streamers	—  Average distance between streamers
—  Height above water	—  Height above water
—  Streamer colour	—  Streamer colour
—  Streamer material	—  Streamer material

O. Standard for observer data collected during a landing or while a vessel is in port

With regards to fishing vessels flying their flag, and landing unprocessed (i.e. whole and no part of the fish having been removed) SPRFMO managed species, and where these landings are observed, Member States may collect and provide the following information:

1. The following vessel data for each observed landing:

(a) Current vessel flag (b) Name of vessel (c) Fishing vessel registration number (d) IRCS (if any) (e) Lloyd's/IMO number (if allocated) (f) Type of vessel (use appropriate ISSCFV codes) (g) Type of fishing method(s) (use appropriate ISSCFG codes)

(a) Observer's name (b) Observer's organisation (c) Country of landing (standard ISO 3-alpha country codes) (d) Port/Point of landing

3. The following data for each observed landing:

(a) Landing Date and time (UTC format) (b) First day of trip – to the extent practicable (c) Last day of trip – to the extent practicable (d) Indicative fishing area (decimal Lat/Long, 1 minute resolution – to the extent practicable) (e) Main target species (FAO species code) (f) Landed state by species (FAO species code) (g) Landed (live) weight by species (kilograms) for the landing event being observed

In addition, the collection of Length-Frequency data, Biological data and/or Tag recovery data is to follow the standards described in Sections E, F and I respectively of this Annex for those species observed during landings or while a vessel is in port.

Sections G (Incidental capture) and H (VMEs) are not considered relevant for observed landings. However, the standards described in Sections I (Tag recovery), J (Hierarchies) and K (Coding specifications) are still to be followed where applicable.

ANNEX XI

Port call request

| Port of call | Last port | Date of last port call |

---	---	---

| Vessel name | Vessel flag | IMO number | Call sign | External identification |

---	---	---	---	---
Type of vessel	Vessel contact information	Vessel owner(s)	RFMO ID (if applicable)	Certificate of registry ID

| VMS operational? | VMS reporting to national FMC? | VMS reporting to SPRFMO? |

---	---	---
Type

Length	Beam	Draft (Moulded depth)

5. Vessel master name and nationality

Vessel master name	Vessel master nationality

6. Relevant transhipment authorisation(s)

Identifier	Issued by	Valid dates

7. Transhipment information (concerning donor vessels)

| Date | Location (Lat/Long) | Donor vessel name | Flag State of donor vessel | IMO number | Species | Product state | FAO Area of capture | Quantity (kg) |

---	---	---	---	---	---	---	---	---

8. Port call details

Intended port of call ()	Port state	Purpose () of port call	Estimated arrival date	Estimated arrival time	Current date
(1) Shall be a designated port as listed on the SPRFMO port register. (2) E.g. landing, transhipment, refueling.

9. SPRFMO managed species held on-board

Species	FAO area of capture	Product state	Total kilograms held on-board (estimated)	Amount to be transhipped/landed (estimated)	Recipient of transhipped/landed amount

If no SPRFMO species and/or fish products originating from such species are held on board, then enter ‘nil’.

| Identifier | Issued by | Validity | Fishing area(s) | Species | Gear () |

---	---	---	---	---	---
Fishing authorisation indicates vessel catch limit per species (Yes/No)	Species	Vessel catch limit per species ()
(1) If the authorisation is limited to transhipments then enter ‘‘tranship’’ as the gear. (2) If the authorisation does not indicate vessel catch limit, enter N/A.

Is a copy of the crew list attached? Yes/No;

ANNEX XII

Port inspection report

| Inspection report number | | | |

| --- | --- | --- | --- | | Principal inspector’s name | | | | | Port state | | Inspecting authority | | | Port of inspection | | Purpose of call | | | Inspection start date | | Inspection start time | | | Inspection end date | | Inspection end time | | | Prior notification received? | Yes/No | Prior notification details consistent with inspection? | Yes/No |

| Vessel name | | Vessel flag | |

| --- | --- | --- | --- | | Vessel type | | IRCS | | | External identification | | IMO number | | | Vessel owner | | | | | Vessel beneficial owner(s) (if known and different from vessel owner) | | | | | Vessel operator | | | | | Vessel master and nationality | | | | | Vessel agent | | | | | VMS present? | Yes/No | VMS type | |

3. Relevant fishing authorisations

Authorisation identifier		Issued by
Validity		Fishing areas
Species		Gear ()
Is the vessel in the SPRFMO record of vessels?	Yes/No	Currently authorised?	Yes/No
(1) If the authorisation is for transhipment then enter ‘tranship’ as the gear.

Species	FAO area of capture	Product state	Declared quantity off loaded (kg)	Quantity off loaded (kg)

Species	FAO area of capture	Product state	Declared quantity held on-board (kg)	Quantity held on-board (kg)

Species	FAO area of capture	Product state	Declared quantity received (kg)	Quantity received (kg)

Section	Comments
Examination of logbooks and other documentation
Compliance with applicable catch documentation scheme(s)
Compliance with applicable trade information scheme(s)
Type of gear onboard
Findings by inspectors
Apparent infringements (include reference to relevant legal instruments)
Vessel master’s comments
Actions taken
Vessel master’s signature
Inspector’s signature

ANNEX XIII

List of other species of concern

Scientific name	English name	3-alpha code
Carcharhinus longimanus	Oceanic whitetip shark	OCS
Carcharodon carcharias	Great white shark	WSH
Cetorhinus maximus	Basking shark	BSK
Lamna nasus	Porbeagle shark	POR
Manta spp.	Manta rays	MNT
Mobula spp.	Mobula nei	RMV
Rhincodon typus	Whale shark	RHN