Regulation (EU) 2022/2343 of the European Parliament and of the Council of 23 November 2022 laying down management, conservation and control measures applicable in the Indian Ocean Tuna Commission (IOTC) Area of Competence, amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation implements into Union law management, conservation and control measures established by the Indian Ocean Tuna Commission (IOTC) that are binding on the Union.

Article 2

Scope

This Regulation shall apply to:

(a) Union fishing vessels which operate in the Area;

(b) Union fishing vessels in the case of transhipments and landings of IOTC species outside the Area; and

(c) third-country fishing vessels making use of ports in Member States and which carry IOTC species or fishery products originating from such species.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘the Agreement’ means the Agreement for the establishment of the Indian Ocean Tuna Commission;

(2) ‘the Area’ means those parts of the Indian Ocean as defined in Article II of and Annex A to the Agreement;

(3) ‘Union fishing vessel’ means any vessel of any size flying the flag of a Member State, equipped for commercial exploitation of marine biological resources, including support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;

(4) ‘IOTC species’ means tuna and tuna-like species and sharks listed in Annex B to the Agreement, and other species caught in association with those species;

(5) ‘contracting parties and cooperating non-contracting parties’ or ‘CPCs’ means contracting parties to the Agreement or cooperating non-contracting parties;

(6) ‘conservation and management measure’ or ‘CMM’ means an applicable conservation and management measure adopted by the IOTC pursuant to Articles V(2)(c) and IX(1) of the Agreement;

(7) ‘unfit for human consumption’ means a fish that is meshed or crushed in the purse seine, or is damaged due to depredation, or has died and spoiled in the net where a gear failure has prevented both the normal retrieval of the net and catch, and efforts to release the fish alive without including a fish that is considered undesirable in terms of size, marketability or species composition, or a fish that is spoiled or contaminated as the result of an act or omission of the crew of the Union fishing vessel;

(8) ‘fish aggregating device’ or ‘FAD’ means a permanent, semi-permanent or temporary object, structure or device of any material, man-made or natural, which is deployed and/or tracked for the purpose of aggregating target tuna species for consequent capture;

(9) ‘drifting FAD’ or ‘DFAD’ means a FAD not tethered to the bottom of the ocean;

(10) ‘anchored FAD’ or ‘AFAD’ means a FAD tethered to the bottom of the ocean;

(11) ‘data buoys’ means floating devices, either drifting or anchored, that are deployed by governmental or recognised scientific organisations or entities for the purpose of electronically collecting and measuring environmental data, and not for the purpose of fishing activities;

(12) ‘IOTC transhipment declaration’ means the document set out in Annex 7;

(13) ‘IMO number’ means a 7-digit number, which is assigned to a vessel under the authority of the International Maritime Organization (IMO);

(14) ‘chartering’ means an agreement or an arrangement by which a fishing vessel flying the flag of a CPC is contracted for a defined period of time by an operator in another CPC without a change of flag; the ‘chartering CPC’ refers to the CPC that holds the quota allocation or fishing possibilities and the ‘flag CPC’ refers to the CPC in which the chartered vessel is registered;

(15) ‘carrier vessel’ means a support vessel engaged in transhipment and receiving IOTC species from another vessel;

(16) ‘e-Port State Measures application’ or ‘e-PSM application’ means the web-based application designed and developed to facilitate and assist a CPC to implement the IOTC resolutions related to port State measures;

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

CHAPTER II

MANAGEMENT AND CONSERVATION

SECTION 1

Tropical Tunas

Article 4

Discard ban

Union purse seine vessels shall retain on board and land all catches of tropical tunas (bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis)), except where the master of the vessel determines that:

(a) fish are unfit for human consumption, or

(b) there is insufficient storage capacity to accommodate tropical tuna and the non-targeted species caught during the final set of a trip.

Article 5

Prohibition of fishing on data buoys

Union fishing vessels shall not intentionally fish within one nautical mile of a data buoy or interact with a data buoy in the Area, in particular by:

(a) encircling the buoy with fishing gear;

(b) tying up to or attaching the vessel, or any fishing gear, part or portion of the vessel, to a data buoy or its mooring; or

(c) cutting a data buoy anchor line.

SECTION 2

Billfishes

Article 6

Billfishes

SECTION 3

Blue Sharks

Article 7

Blue sharks

SECTION 4

Fishing using aircraft, FADs and artificial lights

Article 8

Prohibition of the use of aircraft to catch fish

Article 9

Fish aggregating devices

Member States shall draw up national management plans for the use of drifting FADs by their purse seine vessels. Those management plans shall:

(a) as a minimum follow the guidelines set out in Annex II to CMM 19/02;

(b) include initiatives or surveys to investigate, and to the extent possible, minimise the capture of small bigeye and yellowfin tuna and non-target species associated with FADs; and

(c) include guidelines to prevent, to the extent possible, the loss or abandonment of FADs.

Article 10

Non-entangling and biodegradable FADs

Article 11

Prohibition of the use of artificial lights to attract fish

SECTION 5

Transhipments in port

Article 12

Transhipment

All transhipment operations of IOTC species shall take place in ports designated in accordance with Article 5 of Regulation (EC) No 1005/2008, or in ports designated and publicised for that purpose by a CPC and communicated to the IOTC Secretariat.

Article 13

Transhipment operations

Transhipment operations in port may only be undertaken in accordance with the following procedure:

(a) prior to transhipping, the master of a Union fishing vessel shall notify the following information to the port state authorities, at least 48 hours in advance: — the name of the fishing vessel and its number in the IOTC record of fishing vessels; — the name of the carrier vessel, and the product to be transhipped; — the tonnage by product to be transhipped; — the date and location of transhipment; — the major fishing grounds of the tuna and tuna-like species and sharks catches;

(b) the master of a Union fishing vessel shall record and transmit by electronic means a transhipment declaration in accordance with Article 22 of Regulation (EC) No 1224/2009.

Article 14

Landing of transhipped catches by Union carrier vessels

CHAPTER III

PROTECTION OF CERTAIN MARINE SPECIES

SECTION 1

Elasmobranchs

Article 15

General conservation measures for sharks

Article 16

Oceanic whitetip sharks

Article 17

Thresher sharks

Article 18

Mobulid rays

Article 19

Whale sharks

Where a whale shark is unintentionally encircled or entangled in the fishing gear, Union fishing vessels shall:

(a) take all reasonable steps to ensure its safe release, in line with available IOTC Scientific Committee’s best practice guidelines for the safe release and handling of whale sharks, while taking into consideration the safety of the crew;

(b) report the incident to the vessel’s flag Member State, with the following information: — the number of individuals; — a short description of the interaction, including details of how and why the interaction occurred, if possible; — the location of the encirclement; — the steps taken to ensure safe release; and — an assessment of the life status of the whale shark on release, including whether it was released alive but subsequently died.

SECTION 2

Other Species

Article 20

Cetaceans

Where a cetacean is unintentionally encircled in a purse seine net, or caught by other gear types fishing for tuna and tuna-like species associated with cetaceans, Union fishing vessels shall:

(a) take all the reasonable steps to ensure its safe release, in line with the IOTC Scientific Committee’s available best practice guidelines for the safe release and handling of cetaceans, while taking into consideration the safety of the crew;

(b) report the incident to the vessel’s flag Member State, with the following information: — the species (if known); — the number of individuals; — a short description of the interaction, including details of how and why the interaction occurred, if possible; — the location of the encirclement; — the steps taken to ensure safe release; and — an assessment of the life status of the animal on release, including whether the cetacean was released alive but subsequently died.

Article 21

Marine turtles

Union fishing vessels shall apply the following mitigation measures:

(a) longline vessels shall carry line cutters and de-hookers in order to facilitate the appropriate handling and prompt release of marine turtles (species of families Cheloniidae and Dermochelyidae) that have been caught or entangled, taking all reasonable steps to ensure safe release and handling following the IOTC handling guidelines;

(b) purse seine vessels shall, to the extent practicable: — avoid encirclement of marine turtles, and if a marine turtle is encircled or entangled, take practicable measures to safely release the turtle in accordance with the IOTC handling guidelines; — release all marine turtles found entangled in FADs or fishing gear; — where a marine turtle is entangled in the net, stop the net roll as soon as the turtle comes out of the water; before resuming the net roll, the operator shall disentangle the turtle without injuring it, and assist its recovery before returning it to the water; and — carry and employ dip nets, when appropriate, to handle marine turtles.

Article 22

Seabirds

CHAPTER IV

CONTROL MEASURES

SECTION 1

General conditions

Article 23

Documentation on board Union fishing vessels

Union fishing vessels shall carry on board valid documents issued by the competent authority of the flag Member State including:

(a) licence, permit or authorisation to fish and terms and conditions attached to the licence, permit or authorisation;

(b) vessel’s name;

(c) port in which the vessel is registered and the registration number(s);

(d) international call sign;

(e) names and addresses of the owner(s) and, if applicable, the charterer;

(f) overall length; and

(g) engine power, in kw/horsepower, where appropriate.

SECTION 2

Record of vessels

Article 24

Record of authorised fishing vessels

The following Union fishing vessels shall be registered in the IOTC record of fishing vessels:

(a) vessels of 24 metres or more in overall length;

(b) vessels of less than 24 metres in overall length, if they fish outside the exclusive economic zone (EEZ) of a Member State.

This paragraph shall not apply to vessels of less than 24 metres in overall length operating in the EEZ of a Member State.

Member States shall submit to the Commission the list of vessels complying with the requirements of paragraph 1 which are authorised to operate in the Area. That list shall include the following information for each vessel:

(a) name of vessel(s), register number(s);

(b) IMO number;

(c) previous name(s) (if any) or indication of its non-availability;

(d) previous flag(s) (if any) or indication of its non-availability;

(e) details of previous deletion from other registries (if any) or indication of their non-availability;

(f) international radio call sign(s) (if any) or indication of its non-availability;

(g) port of registration;

(h) type of vessel(s), overall length (m) and gross tonnage (GT);

(i) total volume of fish hold(s) in cubic metres;

(j) name and address of owner(s) and operator(s);

(k) name and address of beneficial owner(s), if known and different from vessel owner/operator, or indication of their non-availability;

(l) name, address and registration number of company operating the vessel (if any);

(m) gear used;

(n) time period(s) authorised for fishing and/or transhipping;

(o) colour photographs of the vessel showing: — the starboard and portsides, each showing the whole structure; — the bow;

(p) at least one colour photograph clearly showing at least one of the external markings specified in point (a).

Article 25

Communication of information

The information to be notified by Member States to the Commission in accordance with Article 24 of this Regulation shall be submitted in an electronic format in accordance with Article 39 of Regulation (EU) 2017/2403 of the European Parliament and of the Council (¹).

Article 26

Authorisation of fishing vessels

Member States shall submit to the Commission an updated template of the official authorisation to fish outside national jurisdictions, and update the information in the template whenever necessary. The Commission shall send this information to the IOTC Secretariat without delay. The template shall include the following information:

(a) name of the competent authority;

(b) name and contact of personnel of the competent authority;

(c) signature of the personnel of the competent authority; and

(d) official stamp of the competent authority.

Article 27

Obligations for Member States issuing fishing authorisations

Member States shall:

(a) authorise their vessels to operate in the Area only if they are able to fulfil the requirements and responsibilities under the IOTC Agreement, this Regulation and CMMs;

(b) take the necessary measures to ensure that their fishing vessels comply with this Regulation and CMMs;

(c) take the necessary measures to ensure that their auxiliary fishing vessels keep on board valid certificates of vessel registration and valid authorisations to fish or tranship;

(d) ensure that their authorised fishing vessels have no history of IUU fishing activities or that, if a vessel has such a history, the new owner has provided sufficient evidence demonstrating that: — the previous owners and operators have no legal, beneficial or financial interest in, or control over that vessel; — the parties involved in the IUU incident have officially resolved the matter and sanctions have been completed; and — having taken into account all relevant facts, their auxiliary fishing vessels are not engaged in or associated with IUU fishing;

(e) ensure, to the extent possible under national legislation, that the owners and operators of their auxiliary fishing vessels are not engaged in or associated with tuna fishing activities conducted by vessels not registered in the IOTC record referred to in Article 24(1); and

(f) take the necessary measures to ensure, to the extent possible under national legislation, that the owners of auxiliary fishing vessels registered in the IOTC record referred to in Article 24(1) are citizens of, or legal entities in, the flag Member State, so that any control or punitive action can be taken against them where required.

Article 28

Measures against vessels not registered in the IOTC record of vessels

To ensure the effectiveness of this Regulation with regard to species covered by statistical document programmes, Member States shall:

(a) validate statistical documents only for Union vessels registered in the IOTC record;

(b) require that, when imported into the territory of a CPC, the species covered by statistical document programmes caught by Union fishing vessels in the Area shall be accompanied by statistical documents; and

(c) cooperate, when importing catch of species covered by statistical document programmes, with the flag Member States of vessels catching those species to ensure that statistical documents are not forged or do not contain misinformation.

Article 29

Record of active vessels fishing for tuna and swordfish

Member States with vessels fishing for tunas and swordfish in the Area shall, using the appropriate IOTC report template, submit to the Commission by 1 February of each year a list of fishing vessels flying their flag that were active in the Area during the previous year and that:

(a) are 24 metres in overall length or above, or

(b) in the case of vessels shorter than 24 metres in overall length, operated in waters outside the EEZ of their Member State.

The list of vessels referred to in paragraph 1 shall contain the following information for each vessel:

(a) the IOTC number;

(b) name and registration number;

(c) IMO number, if available;

(d) previous flag (if any);

(e) international radio call sign (if any);

(f) vessel type, length and gross tonnage (GT);

(g) name and address of owner, charterer or operator (where relevant);

(h) main target species; and

(i) period of authorisation.

SECTION 3

Regional Observer Scheme

Article 30

Regional Observer Scheme

Article 31

Observers’ obligations

Observers on board Union fishing vessels shall:

(a) record and report their fishing activities and verify positions of the vessel;

(b) observe and estimate catches as far as possible with a view to identifying catch composition and monitoring discards, by-catches and size frequency;

(c) record gear type, mesh size and attachments employed by the master;

(d) collect information to enable the cross-checking of entries recorded in the logbooks (species composition and quantities, live and processed weight and location, where available); and

(e) carry out scientific work as requested by the IOTC Scientific Committee.

Article 32

Field samplers

Article 33

Member States obligations

Member States shall:

(a) take the necessary measures to ensure that observers are able to carry out their duties in a competent and safe manner;