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Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627

Type Regulation

Publication 2023-09-27

Last updated 2026-05-14

State In force

Department Council of the European Union, European Parliament

Source EUR-Lex

articles 83

Reform history JSON API

CHAPTER I General provisions

Article 1

Subject matter

This Regulation lays down general rules for the uniform and effective implementation by the Union of the multiannual management plan for bluefin tuna (Thunnus thynnus) in the eastern Atlantic and the Mediterranean, as adopted by the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’).

Article 2

Scope

This Regulation applies to:

(a) Union fishing vessels and Union vessels engaged in recreational fisheries which:
(i) catch bluefin tuna in the Convention Area; and
(ii) tranship or carry on board, including outside the Convention Area, bluefin tuna caught in the Convention Area;

(b) Union farms;

(c) third country fishing vessels and third country vessels engaged in recreational fisheries that operate in Union waters and catch bluefin tuna in the Convention Area;

(d) third country vessels which are inspected in Member State ports and which carry on board bluefin tuna caught in the Convention Area or fishery products originating from bluefin tuna caught in Union waters that have not been previously landed or transhipped at ports.

Article 3

Objective

The objective of this Regulation is to implement the multiannual management plan for bluefin tuna, as adopted by ICCAT, which aims to maintain a biomass of bluefin tuna above levels capable of producing MSY.

Article 4

Relationship with other Union acts

Unless otherwise stated in this Regulation, this Regulation applies without prejudice to other Union acts governing the fisheries sector, in particular:

(1) Regulation (EC) No 1224/2009;

(2) Regulation (EC) No 1005/2008;

(3) Regulation (EU) 2017/2403 of the European Parliament and of the Council ([^E0001]);

(4) Regulation (EU) 2017/2107;

(5) Regulation (EU) 2019/1241 of the European Parliament and of the Council ([^E0002]).

Article 5

Definitions

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

(1) ‘ICCAT’ means the International Commission for the Conservation of Atlantic Tunas;

(2) ‘SCRS’ means the Standing Committee on Research and Statistics of the ICCAT;

(3) ‘the Convention’ means the International Convention for the Conservation of Atlantic Tunas;

(4) ‘Convention Area’ means the geographical area, as set out in Article I of the Convention;

(5) ‘CPC’ means a Contracting Party to the Convention and a cooperating non-contracting party, entity or fishing entity;

(6) ‘operator’ means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

(7) ‘farm Member State’ or ‘Member State responsible for the farm’ means the Member State under whose jurisdiction the farm is located;

(8) ‘flag Member State’ means the Member State where the fishing vessel is flagged;

(9) ‘trap Member State’ or ‘Member State responsible for the trap’ means the Member States under whose jurisdiction the trap is located;

(10) ‘fishing vessel’ means any powered vessel used for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, processing vessels, support vessels, towing vessels, vessels engaged in transhipment, transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels;

(11) ‘catching vessel’ means a vessel used for the purposes of the commercial capture of bluefin tuna resources;

(12) ‘towing vessel’ means any vessel used for towing live bluefin tuna cages;

(13) ‘processing vessel’ means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to their packaging: filleting or slicing, freezing and/or processing;

(14) ‘support vessel’ means any fishing vessel, other than a catching vessel, processing vessel, towing vessel, vessel engaged in transhipment, transport vessel equipped for the transportation of tuna products or auxiliary vessel, authorised to operate in the bluefin tuna fishery to perform support tasks;

(15) ‘auxiliary vessel’ means any vessel used to transport dead bluefin tuna (not processed) from a transport or farming cage, a purse seine vessel or a trap to a designated port or to a processing vessel;

(16) ‘small-scale coastal vessel’ is a catching vessel with at least three of the five following characteristics:
(a) length overall of less than 12 metres;
(b) the vessel fishes exclusively inside the waters under jurisdiction of the flag Member State;
(c) the duration of fishing trips is less than 24 hours;
(d) the maximum number of crew members is established at four persons;
(e) the vessel fishes using techniques which are selective and have a reduced environmental impact;

(17) ‘large-scale pelagic longline vessel’ means a pelagic longline vessel greater than 24 metres in length overall;

(18) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport;

(19) ‘purse seine’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the ground rope, enabling the net to be pursed and closed;

(20) ‘joint fishing operation’ means any operation between two or more purse seine vessels where the catch of one purse seine vessel is attributed to one or more purse seine vessels in accordance with a previously agreed allocation key;

(21) ‘gear group’ means a group of fishing vessels using the same gear for which a group quota has been allocated;

(22) ‘fishing effort’ means the product of the capacity and the activity of a fishing vessel to measure the intensity of the fishing operations; that measurement varies from gear to gear: for longline fisheries it is measured in number of hooks or hooks-hours; for purse seine vessels it is measured in terms of boat days (fishing time and searching time);

(23) ‘fishing actively’ means, for any catching vessel, the fact that it targets bluefin tuna during a given fishing season;

(24) ‘BCD’ means a bluefin tuna catch document;

(25) ‘eBCD’ means an electronic bluefin tuna catch document;

(26) ‘transhipment’ means the unloading of all or any of the fisheries products on board a fishing vessel to another fishing vessel; however, unloading of dead bluefin tuna from the purse seine, the trap or the towing vessel to an auxiliary vessel is not considered as transhipment;

(27) ‘live bluefin tuna’ means bluefin tuna that is kept alive for a certain period in a trap, or transferred alive to a farming installation, caged, farmed and finally harvested or released;

(28) ‘harvesting’ means the killing of bluefin tuna in farms or traps;

(29) ‘trap’ means fixed gear anchored to the bottom, usually containing a guide net that leads bluefin tuna into an enclosure or series of enclosures where it is kept prior to harvesting or farming;

(30) ‘caging’ means the relocation of live bluefin tuna in farms and their subsequent feeding aiming to fatten and increase their total biomass;

(31) ‘control caging’ means a repetition of the caging operation being implemented at the request of the control authorities, for the purpose of verifying the number or the average weight of fish being caged;

(32) ‘farming’ or ‘fattening’ means caging of bluefin tuna in farms and subsequently feeding aiming to fatten and increase their total biomass;

(33) ‘farm’ means a marine area, in one or more locations all of which are clearly defined by geographical coordinates with a clear definition of longitude and latitude for each one of the points of the polygon, used for the fattening or farming of bluefin tuna caught by traps or purse seine vessels;

(34) ‘input farming capacity’ means the maximum amount of wild bluefin tuna in tonnes that a farm is allowed to cage during a fishing season;

(35) ‘transfer’ means any transfer of:
(a) live bluefin tuna from the catching vessel’s net to the transport cage;
(b) live bluefin tuna from the trap to the transport cage, independently of the presence of a towing vessel;
(c) live bluefin tuna from the transport cage to another transport cage;
(d) a cage containing live bluefin tuna from a towing vessel to another towing vessel;
(e) live bluefin tuna between different cages in the same farm (intra-farm transfer);
(f) live bluefin tuna from a farm cage to a transport cage;

(36) ‘control transfer’ means the repetition of any transfer being implemented at the request of control authorities;

(37) ‘inter-farm transfer’ means the relocation of live bluefin tuna from one farm to another farm composed of two phases, a transfer from the donor farm cage to a transport cage and a caging from the transport cage to the receiving farm cage;

(38) ‘first transfer’ means a transfer of live bluefin tuna from a purse seine or a trap to a transport cage;

(39) ‘further transfer’ means any transfer that is conducted after the first transfer and before caging at the farm of destination, such as splitting or merging of the contents of two transport cages, with the exception of voluntary or control transfers;

(40) ‘voluntary transfer’ means the repetition of any transfer being voluntarily implemented by the donor operator;

(41) ‘control camera’ means a stereoscopic camera or conventional video camera for the purpose of the controls pursuant to this Regulation;

(42) ‘stereoscopic camera’ means a camera with two or more lenses, with a separate image sensor or film frame for each lens, enabling the taking of three-dimensional images for the purpose of measuring the length of the fish;

(43) ‘donor operator’ means the master, or the master’s representative, of the catching or towing vessel, or the operator, or the operator’s representative, of the farm or trap, from which, except in the case of voluntary and control transfers, a transfer operation originates;

(44) ‘Member State of the donor operator’ means the Member State that exercises its jurisdiction over the donor operator.

CHAPTER II Management measures

Article 6

Conditions associated with fisheries management measures

Each Member State shall take the necessary measures to ensure that the fishing effort of its catching vessels and its traps is commensurate with the bluefin tuna fishing opportunities available to that Member State in the eastern Atlantic and the Mediterranean. Measures adopted by Member States shall include establishing individual quotas for their catching vessels over 24 metres in length overall included in the list of authorised vessels referred to in Article 26.

Each Member State shall require catching vessels to proceed immediately to a port designated by it when the individual quota of the vessel is deemed to be exhausted, in accordance with Article 35 of Regulation (EC) No 1224/2009.

Chartering operations shall not be permitted in the bluefin tuna fishery.

Article 7

Carry-over of non-harvested live bluefin tuna

The carry-over of non-harvested live bluefin tuna from previous years’ catches within a farm may be permitted only if a reinforced system of control is developed and reported by the Member State to the Commission. That system shall be an integral part of the Member State’s annual monitoring, control and inspection plan referred to in Article 14 and shall include at least the measures established pursuant to Articles 56c, 56d and 61.

If a carry-over is permitted in accordance with paragraph 1, the following points shall apply:

(a) by 25 May of each year, Member States responsible for farms shall complete and submit to the Commission an annual carry-over declaration which shall include:
(i) quantities (expressed in kg) and number of fish intended to be carried over;
(ii) catch year;
(iii) average weight;
(iv) flag Member State or CPC;
(v) references of the BCD corresponding to the catches carried over;
(vi) name and ICCAT number of the farm;
(vii) cage number; and
(viii) information on harvested quantities (expressed in kg), when completed;

(b) the quantities carried over pursuant to paragraph 1 shall be placed in separate cages or in separate series of cages in the farm on the basis of the catch year.

Before a fishing season starts, Member States responsible for farms shall ensure a thorough assessment of any live bluefin tuna carried over after bulk-harvests in farms under their jurisdiction. With that aim, all carried-over live bluefin tuna of the catch year subject to bulk-harvest in farms shall be transferred to other cages using stereoscopic camera systems or alternative methods, provided that they ensure the same level of precision and accuracy, in accordance with Article 51. Fully documented traceability shall be ensured at all times. Carry-over of bluefin tuna from years that were not subject to bulk-harvest shall be controlled annually by applying the same procedure to appropriate samples based on a risk assessment.

The Commission may adopt implementing acts laying down detailed rules to develop a reinforced control system for the carry-over of live bluefin tuna. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68.

Article 8

Carry-over of unused quotas

Automatic carry-over of unused quota shall not be permitted

A Member State may request to transfer a maximum percentage of 20 % of its annual quota from one year to the following year. The Member State concerned shall include that request in its annual fishing and capacity management plans to be included in the Union fishing and capacity management plan for endorsement by ICCAT.

Article 9

Quota transfers

Transfers of quotas between the Union and the other CPCs shall only be carried out with the prior authorisation of the Member States and CPCs concerned. The Commission shall notify the ICCAT Secretariat of the quantity of quotas concerned prior to the transfer of quotas.

The transfer of quotas within gear groups, by-catch quotas and individual fishing quotas of each Member State shall be allowed, provided that the Member States concerned inform the Commission of such transfers in advance, so that the Commission can inform the ICCAT Secretariat prior to the transfer taking effect.

Article 10

Quota deductions in the event of overfishing

If Member States overfish the quotas allocated to them and the situation cannot be remedied by quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, Articles 37 and 105 of Regulation (EC) No 1224/2009 shall apply.

Article 11

Annual fishing plans

Each Member State with a bluefin tuna quota shall establish an annual fishing plan. That plan shall include, at least, the following information for the catching vessels and traps:

(a) the quotas allocated to each gear group, including by-catch quotas;

(b) where applicable, the method used to allocate and manage quotas;

(d) open fishing seasons for each gear category;

(e) information on designated ports;

(f) the rules on by-catch; and

(g) the number of catching vessels, other than bottom trawlers, above 24 metres in length overall and purse seine vessels that are authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.

Member States that have small-scale coastal vessels authorised to fish for bluefin tuna shall allocate a specific sectorial quota for those vessels and shall include such allocation in their fishing plans. They shall also include additional measures to closely monitor the quota consumption by that fleet in their monitoring, control and inspection plans. Member States may authorise a different number of vessels to fully utilise their fishing opportunities, using the parameters referred to in paragraph 1.

Portugal and Spain may allocate sectorial quotas for bait-boats operating in the Union waters of the archipelagos of the Azores, Madeira and the Canary Islands. Those sectorial quotas shall be included in their annual fishing plans and additional measures to monitor the consumption of those quotas shall be clearly set out in their annual monitoring, control and inspection plans.

When Member States allocate sectorial quotas in accordance with paragraph 2 or 3, the minimum quota requirement of 5 tonnes set in the applicable Union act for the allocation of fishing opportunities shall not apply.

Any amendment to the annual fishing plan shall be submitted by the Member State concerned to the Commission at least three working days before the start of the fishing activity to which the amendment relates. The Commission shall forward the amendment to the ICCAT Secretariat at least one working day before the start of the fishing activity to which the amendment relates.

Article 12

Allocation of fishing opportunities

In accordance with Article 17 of Regulation (EU) No 1380/2013, when allocating the fishing opportunities 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, giving special consideration to traditional and artisanal fisheries, and to provide incentives to Union fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.

Article 13

Annual fishing capacity management plans

Each Member State with a bluefin tuna quota shall establish an annual fishing capacity management plan. In that plan, the Member State shall adjust the number of catching vessels and traps in a way that ensures that the fishing capacity is commensurate with the fishing opportunities allocated to catching vessels and traps for the relevant quota period.

Each Member State concerned shall adjust the fishing capacity using the parameters provided for in the applicable Union act ([^E0003]) for the allocation of fishing opportunities. The adjustment of Union fishing capacity for purse seine vessels shall be limited to a maximum variation of 20 % compared to the baseline fishing capacity as declared to ICCAT in 2018.

By way of derogation from paragraph 1, Member States may increase the number of purse seine vessels, provided that this increase results from a conversion from other bluefin tuna fleets pertaining to the Member State requesting this derogation, the fishing capacity remains commensurate with available fishing opportunities, and that, overall, the final Union fishing capacity, between purse seiners and the fleet from which the conversion is made, does not represent a capacity increase with respect to the precedent year.

Member States requesting the derogation provided for in paragraph 3 shall include the relevant details of the requested fleet conversion in their annual fishing capacity plans.

For the purposes of the derogation provided for in paragraph 3, the ratio for converting fleets shall be based on the 2009 catch rates provided by the SCRS.

Article 14

Annual monitoring, control and inspection plan

Each Member State with a bluefin tuna quota shall establish an annual monitoring, control and inspection plan with the view to ensuring compliance with this Regulation. Each Member State shall submit its respective plan to the Commission. Each Member State shall establish its plan in accordance with:

(a) the objectives, priorities and procedures as well as benchmarks for inspection activities set out in the specific control and inspection programme for bluefin tuna established under Article 95 of Regulation (EC) No 1224/2009;

(b) the national control action programme for bluefin tuna established under Article 46 of Regulation (EC) No 1224/2009 until 31 December 2025, and, after that date, in accordance with the national control programme established under Article 93a of that Regulation.

Article 15

Annual farming management plans

Each Member State with a bluefin tuna quota shall establish an annual farming management plan.

In the annual farming management plan, each Member State shall ensure that the total input capacity and the total farming capacity are commensurate with the estimated amount of bluefin tuna available for farming.

The maximum input of wild caught bluefin tuna into the farms of a Member State shall be limited to the level of the input quantities registered with ICCAT in the ‘record of bluefin tuna farming facilities’ by the farms of that Member State in the years 2005, 2006, 2007 or 2008.

If a Member State needs to increase the maximum input of wild caught tuna in one or more of its tuna farms, that increase shall be commensurate with the fishing opportunities allocated to that Member State, and with any live bluefin tuna imports from another Member State or Contracting Party.

Member States shall report statistics on the annual amount of caging (input of wild caught fish), harvesting and export to the Commission, who shall transmit the data to the ICCAT Secretariat, until such time as the ICCAT Secretariat has developed data extraction functionality in the eBCD system and such a functionality becomes available.

Where appropriate, Member States shall submit revised farming management plans to the Commission by 15 May of each year for transmission to the ICCAT Secretariat by 1 June of each year.

Article 16

Transmission of annual plans

By 31 January of each year, each Member State with a bluefin tuna quota shall submit the following plans to the Commission:

(a) the annual fishing plan for the catching vessels and traps fishing bluefin tuna in the eastern Atlantic and the Mediterranean, established in accordance with Article 11;

(b) the annual fishing capacity management plan established in accordance with Article 13;

(d) the annual farming management plan established in accordance with Article 15.

The Commission shall compile the plans referred to in paragraph 1 and use them for the establishment of a Union annual plan. The Commission shall transmit the Union annual plan to the ICCAT Secretariat by 15 February of each year for discussion and approval by ICCAT.

In the event that a Member State fails to submit a plan referred to in paragraph 1 to the Commission within the deadline laid down in that paragraph, the Commission may decide to transmit the Union plan to the ICCAT Secretariat without the plans of the Member State concerned. At the request of the Member State concerned, the Commission shall endeavour to take into account one of the plans referred to in paragraph 1 submitted after the deadline laid down in that paragraph, but before the deadline provided for in paragraph 2. If a plan submitted by a Member State does not comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans or contains a serious fault that may lead to the non-endorsement of the Union annual plan by the ICCAT Commission, the Commission may decide to transmit the Union annual plan to the ICCAT Secretariat without the plans of the Member State concerned. The Commission shall inform the Member State concerned as soon as possible and shall endeavour to include any revised plans submitted by that Member State in the Union annual plan or in amendments to the Union annual plan, provided that those revised plans comply with the provisions of this Regulation relating to the annual fishing, capacity, inspection and farming plans.

CHAPTER III Technical measures

Article 17

Fishing seasons

Purse seine fishing for bluefin tuna shall be permitted in the eastern Atlantic and the Mediterranean from 19 May until 1 July of each year.

By way of derogation from paragraph 1 of this Article, Cyprus and Greece may request in their annual fishing plans, as referred to in Article 11, that purse seine vessels flying their flag be allowed to fish for bluefin tuna in the Eastern Mediterranean (FAO fishing areas 37.3.1 and 37.3.2) from 15 May until 1 July of each year.

By way of derogation from paragraph 1 of this Article, Croatia may request in its annual fishing plan, as referred to in Article 11, that purse seine vessels flying its flag be allowed to fish for bluefin tuna for farming purposes in the Adriatic Sea (FAO fishing area 37.2.1) from 26 May until 15 July of each year.

By way of derogation from paragraphs 1, 2 and 3, if weather conditions prevent fishing operations, Member States may decide that the fishing seasons referred in those paragraphs be expanded by an equivalent number of lost days up to 10 days.

4a. By way of derogation from paragraph 1, the purse seine fishing season in the Cantabrian Sea (ICES fishing areas 27.8.b and 27.8.c) for farming purposes shall be from 26 May to 31 August.

4b. By way of derogation from paragraph 1, Spain may request in its annual fishing plan for 2026, as referred to in Article 11, that purse seine vessels involved in the pilot project for farming bluefin tuna in the Canary Islands be allowed to fish for bluefin tuna from 15 March to 30 May in FAO zone 34.

Bluefin tuna fishing shall be permitted in the eastern Atlantic and the Mediterranean Sea by large-scale pelagic longline catching vessels during the period from 1 January to 31 May of each year with the exception of the area delimited by West of 10°W and North of 42°N.

Member States shall establish fishing seasons for their fleets, other than purse seine vessels and large scale pelagic longline vessels, in their annual fishing plans.

Article 18

Landing obligation

This Chapter shall be without prejudice to Article 15 of Regulation (EU) No 1380/2013, including any applicable derogations thereto.

Article 19

Minimum conservation reference size

It shall be prohibited to catch, retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale bluefin tuna weighing less than 30 kg or with a fork length of less than 115 cm, including when caught as by-catch or in recreational fisheries.

By way of derogation from paragraph 1, a minimum conservation reference size for bluefin tuna of 8 kg or 75 cm fork length shall apply to the following fisheries:

(a) bluefin tuna caught in the eastern Atlantic by baitboats and trolling boats;

(b) bluefin tuna caught in the Mediterranean by the small-scale costal fleet fishery for fresh fish by baitboats, longliners and handliners; and

Specific conditions applying to the derogation referred in paragraph 2 are set out in Annex I.

Member States shall issue a fishing authorisation to vessels fishing under the derogations referred to in paragraphs 2 and 3 of Annex I. The vessels concerned shall be indicated in the list of catching vessels referred to in Article 26.

Fish below the minimum conservation reference sizes set out in this Article that are discarded dead shall be counted against the quota of the Member State concerned.

Article 20

Incidental catches below the minimum conservation reference size

By way of derogation from Article 19(1), all catching vessels and traps fishing actively for bluefin tuna shall be allowed a maximum of 5 % by number of incidental catches of bluefin tuna weighing between 8 and 30 kg or, alternatively, with a fork length between 75 and 115 cm.

The percentage of 5 % referred to in paragraph 1 shall be calculated on the basis of the total catches of bluefin tuna retained on board a vessel, or inside the trap, at any time after each fishing operation.

Incidental catches shall be deducted from the quota of the Member State responsible for the catching vessel or trap.

Incidental catches of bluefin tuna below the minimum conservation reference size shall be subject to Articles 31, 33, 34 and 35.

Article 21

By-catches

Each Member State shall make provision for by-catch of bluefin tuna within its quota and shall inform the Commission thereof when submitting its fishing plan.

The level of authorised by-catches, which shall not exceed 20 % of the total catches on board at the end of each fishing trip, and the methodology used to calculate those by-catches in relation to the total catch on board, shall be clearly defined in the annual fishing plan as referred to in Article 11. The percentage of by-catches may be calculated in weight or in number of individuals. The calculation in number of individuals shall only apply to tuna and tuna-like species managed by the ICCAT. The level of authorised by-catches for the small-scale coastal vessels fleet may be calculated on an annual basis.

All by-catches of dead bluefin tuna that are retained on board or discarded shall be deducted from the quota of the flag Member State and recorded and reported to the Commission in accordance with Articles 31 and 32.

For Member States without a bluefin tuna quota, the by-catches concerned shall be deducted from the specific Union bluefin tuna by-catch quota established in accordance with Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013.

If the total quota allocated to a Member State has been exhausted, the catching of any bluefin tuna shall not be permitted by vessels flying its flag and that Member State shall take the necessary measures to ensure the release of the bluefin tuna caught as by-catch. If the specific Union bluefin tuna by-catch quota established in accordance with Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013 has been exhausted, the catching of any bluefin tuna shall not be permitted by vessels flying the flag of Member States without a bluefin tuna quota, and those Member States shall take the necessary measures to ensure the release of the bluefin tuna caught as by-catch. In those cases, the processing and commercialisation of dead bluefin tuna shall be prohibited and all catches shall be recorded. Member States shall report information on such quantities of dead bluefin tuna by-catch on an annual basis to the Commission, which shall transmit that information to the ICCAT Secretariat.

Vessels not fishing actively for bluefin tuna shall clearly separate any quantity of bluefin tuna retained on board from other species, to allow control authorities to monitor compliance with this Article. Those by-catches may be marketed insofar as they are accompanied by the eBCD.

Article 21a

Prohibition of retention of bluefin tuna on board support vessels

Support vessels shall not retain on board or transport bluefin tuna.

Article 22

Use of aerial means

It shall be prohibited to use any aerial means, including aircraft, helicopters or any types of unmanned aerial vehicles to search for bluefin tuna.

CHAPTER IV Recreational fisheries

Article 23

Specific quota for recreational fisheries

Member States may allocate, where appropriate, a specific quota to recreational fisheries. Possible dead bluefin tuna shall be taken into account in such allocation, including in the framework of catch and release fishing. Member States shall inform the Commission of the quota allocated to recreational fisheries when submitting their fishing plans.

Catches of dead bluefin tuna shall be reported and counted against the quota of the Member State.

Article 24

Specific conditions for recreational fisheries

Member States with a bluefin tuna quota allocated to recreational fisheries shall regulate those fisheries by issuing fishing authorisations to vessels for the purpose of recreational fisheries. Upon request by ICCAT, Member States shall make available to the Commission the list of those vessels which have been granted a fishing authorisation for bluefin tuna. The Commission shall transmit that list electronically to ICCAT. The list shall contain the following information for each vessel:

(a) name of vessel;

(b) register number;

(d) previous name (if any);

(e) names and addresses of owners and operators.

In recreational fisheries, it shall be prohibited to catch, retain on board, tranship or land more than one bluefin tuna per vessel per day.

The marketing of bluefin tuna caught in recreational fisheries shall be prohibited.

Each Member State shall record catch data, including the weight of each bluefin tuna caught in recreational fisheries, and shall communicate the data for the preceding year to the Commission by 30 June of each year. The Commission shall transmit that information to the ICCAT Secretariat.

Each Member State shall take the measures necessary to ensure, to the greatest extent possible, the release of bluefin tuna, especially juveniles, caught alive in recreational fisheries. Any bluefin tuna landed shall be whole, gilled and/or gutted.

Article 25

Catch, tag and release

By way of derogation from Article 23(1), Member States authorising ‘catch and release’ fishing in the north-east Atlantic conducted exclusively by sport fisheries vessels may allow a limited number of sport fishery vessels to target bluefin tuna with the purpose of catch, tag and release’ fishing without the need to allocate a specific quota to them. Such vessels shall operate in the context of a scientific project of a research institute integrated in a scientific research programme. The results of the project shall be communicated to the relevant authorities of the flag Member State.

Vessels conducting scientific research under the ICCAT Research Programme for bluefin tuna shall not be deemed to conduct ‘catch, tag and release’ activities as referred to in paragraph 1.

Member States authorising ‘catch, tag and release’ activities, shall:

(a) submit description of those activities and the measures applicable thereto as an integral part of their fishing and inspection plans referred to in Articles 12 and 15;

(b) closely monitor the activities of the vessels concerned to ensure their compliance with this Regulation;

(c) ensure that the tagging and releasing operations are performed by trained personnel to ensure a high survival rate of the individuals; and

(d) submit an annual report to the Commission, by 30 June each year, on the scientific activities conducted. The Commission shall forward the report to the ICCAT Secretariat 60 days before the SCRS meeting of the following year.

Any bluefin tuna that dies during ‘catch, tag and release’ activities shall be reported and deducted from the quota of the flag Member State.

CHAPTER V Control measures

Section 1 Lists and records of vessels and traps

Article 26

Lists and records of vessels

Each year, 1 month before the start of the period of fishing authorisation, Member States shall submit to the Commission the following vessel lists:

(a) a list of all catching vessels fishing actively for bluefin tuna; and

(b) a list of all other vessels engaged in bluefin tuna-related activities, other than catching vessels.

The period for submission of the vessel lists may be less than one month for the list of vessels in point (b) where the submission is due to changes in modality.

Each vessel list shall include the following information:

(a) name and registry number of the vessel;

(b) specification of the type of vessel differentiating at least between catching vessels, towing vessels, auxiliary vessels, support vessels and processing vessels;

(d) IMO number (where applicable);

(e) gear used (if any);

(f) previous flag (if any);

(g) previous name (if any);

(h) any previous details of deletion from other registers;

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

(j) name and addresses of owners and operators; and

(k) time period authorised for fishing, operating and transporting bluefin tuna for farming.

The Commission shall forward that information to the ICCAT Secretariat 15 days before the start of the fishing activity, so that the vessels included in those lists can be entered into the ICCAT record of authorised vessels and, if relevant, into the ICCAT record of vessels 20 metres in length overall or greater authorised to operate in the Convention Area.

During a calendar year, a fishing vessel may be included in both of the lists referred to in paragraph 1 provided that it is not included in both lists at the same time.

The information on vessels referred to in points (a) and (b) of paragraph 1 shall contain the vessel’s name and Union fleet register number (CFR) as defined in Annex I to Commission Implementing Regulation (EU) 2017/218 ([^E0004]).

The Commission shall not accept any retroactive submission of the lists referred to in paragraph 1.

Subsequent changes to the lists referred to in paragraph 1 and to the information referred to in paragraphs 1 and 3, during a calendar year, shall only be accepted if a notified fishing vessel is prevented from participating in the fishery due to legitimate operational reasons or force majeure. In such circumstances, the Member State concerned shall without delay inform the Commission of that fact, and shall provide:

(a) full details of the fishing vessel or vessels intended to replace that vessel; and

(b) a comprehensive account of the reason justifying the replacement and any relevant supporting evidence or references.

The Commission shall, if necessary, modify during the year the information on the vessels referred to in paragraph 1 of this article, by providing updated information to the ICCAT Secretariat in accordance with Article 7(6) of Regulation (EU) 2017/2403.

Article 27

Fishing authorisations for vessels

Member States shall issue fishing authorisations to vessels included in one of the lists referred to in Article 26(1) and (5). Fishing authorisations shall contain as a minimum the information set out in Annex VII and shall be issued in the format laid down in that Annex. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation.

Without prejudice to Article 21(6), Union fishing vessels not entered into the ICCAT records referred to in Article 26(1) shall be deemed not to be authorised to fish for, retain on board, tranship, transport, transfer, process or land bluefin tuna in the eastern Atlantic and the Mediterranean.

The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to a vessel, and may require the vessel to proceed immediately to a port designated by it, when the individual quota assigned to the vessel is exhausted.

Article 28

Lists and records of traps authorised to fish for bluefin tuna

As part of its fishing plan, each Member State shall submit to the Commission electronically a list of traps authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean. That list shall include the name and register number of the traps and the geographical coordinates of the trap polygon. The Commission shall transmit that information to the ICCAT Secretariat so that those traps can be entered into the ICCAT record of traps authorised to fish for bluefin tuna.

Member States shall issue fishing authorisations for traps included in the list referred to in paragraph 1. Fishing authorisations shall contain as a minimum the information and use the format set out in Annex VII. Member States shall ensure that the information contained in the fishing authorisation is accurate and consistent with this Regulation.

Union traps not entered into the ICCAT record of traps authorised to fish for bluefin tuna shall not be deemed to be authorised to fish for bluefin tuna in the eastern Atlantic and the Mediterranean. It shall be prohibited to retain on board, transfer, cage or land bluefin tuna caught by those traps.

The flag Member State shall withdraw the fishing authorisation for bluefin tuna issued to traps when the quota assigned to them is deemed exhausted.

Member States shall immediately notify the Commission of any addition to, any removal from and any modification of their list of traps authorised to fish for bluefin tuna. The Commission shall transmit such changes to the ICCAT Secretariat without delay.

Article 28a

Lists and record of farms

As part of its fishing plan, each Member State shall submit to the Commission electronically, a list of farms authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean. That list shall include the following information:

(a) the name of the farm;

(b) register number;

(d) the input and total farming capacity allocated to each farm;

(e) the geographical coordinates of the areas authorised for farming activities; and

(f) the status of the farm (active or inactive).

The Commission shall transmit that information to the ICCAT Secretariat so that those farms can be entered into the ICCAT record of bluefin tuna farming facilities.

Farms not entered into the ICCAT record of bluefin tuna farming facilities shall not be deemed to be authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.

No farming activities, including feeding for fattening purposes or harvesting, shall be authorised outside of the geographical coordinates approved for farming activities.

Member States shall immediately notify the Commission of any addition to, any removal from and any modification of their lists of farms. The Commission shall transmit such changes to the ICCAT Secretariat without delay.

Member States shall take the necessary measures to ensure that no bluefin tuna is placed into a farm not listed in the ICCAT record of bluefin tuna farming facilities and that those farms do not receive bluefin tuna from vessels that are not entered into the ICCAT record of vessels. Member States shall take the necessary measures to prohibit any operations in farms not registered in the ICCAT record of bluefin tuna farming facilities.

Article 29

Information on fishing activities

By 15 July each year, each Member State shall submit to the Commission detailed information on bluefin tuna catches in the eastern Atlantic and the Mediterranean in the preceding year. The Commission shall forward that information to the ICCAT Secretariat by 31 July each year. This information shall include:

(a) the name and ICCAT number of each catching vessel;

(b) the period of authorisation(s) for each catching vessel;

(d) the total number of days each catching vessel fished in the eastern Atlantic and the Mediterranean throughout the period of authorisation(s); and

(e) the total catch outside their period of authorisation (by-catch).

Member States shall submit the following information to the Commission for fishing vessels flying their flag which were not authorised to fish actively for bluefin tuna in the eastern Atlantic and the Mediterranean but which caught bluefin tuna as by-catch:

(a) the name and ICCAT number or, if not registered with ICCAT, the national registry number of the vessel; and

(b) the total catches of bluefin tuna.

Member States shall notify the Commission of any information concerning any vessels not included in paragraphs 1 and 2 but known or presumed to have fished for bluefin tuna in the eastern Atlantic and the Mediterranean. The Commission shall transmit that information to the ICCAT Secretariat as soon as the information is available.

Article 30

Joint fishing operations

Any joint fishing operation for bluefin tuna shall only be allowed if participating vessels are authorised by the flag Member State(s). To be authorised, each purse seine vessel shall be required to be equipped to fish for bluefin tuna, to have an individual quota, and to comply with the reporting obligations set out in Article 32.

The quota allocated to a joint fishing operation shall be equal to the total of the quotas allocated to participating purse seine vessels.

Union purse seine vessels shall not engage in joint fishing operations with purse seine vessels from other CPCs.

The application form for the authorisation to participate in a joint fishing operation is set out in Annex IV. Each Member State shall take the necessary measures to obtain the following information from its purse seine vessels participating in a joint fishing operation:

(a) the requested period of authorisation of the joint fishing operation;

(b) the identity of the operators involved;

(d) the allocation key between the vessels for the catches involved; and

(e) information on the farms of destination.

At least 10 days before the start of the joint fishing operation, each Member State shall submit the information referred to in paragraph 4 to the Commission in the format set out in Annex IV. The Commission shall forward that information to the ICCAT Secretariat and to the flag Member State of other fishing vessels participating in the joint fishing operation, at least 5 days before the start of the fishing operation.

In the event of force majeure, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, Member States shall submit to the Commission an update of that information as soon as possible, together with a description of the events constituting force majeure. The Commission shall forward that information to the ICCAT Secretariat.

Section 2 Catch recording

Article 31

Recording requirements

Masters of Union catching vessels shall maintain a fishing logbook of their operations in accordance with Articles 14, 15, 23 and 24 of Regulation (EC) No 1224/2009 and Section A of Annex II to this Regulation.

Masters of Union towing vessels, auxiliary vessels and processing vessels shall record their activities in accordance with the requirements set out in Sections B, C and D of Annex II.

Article 32

Catch reports sent by masters and trap operators

Masters of Union catching vessels fishing actively shall send to their flag Member States daily catch reports during the whole period in which they are authorised to fish for bluefin tuna. Those reports shall not be obligatory for vessels in port, except if they are engaged in a joint fishing operation. The data in the reports shall be taken from logbooks and shall include date, time, location (latitude and longitude) and the weight and number of bluefin tuna caught in the Convention Area, including releases and discards of dead fish. Masters shall send the reports in the format set out in Annex III or in a format required by the Member State.

Masters of purse seine vessels shall produce the daily catch reports referred to in paragraph 1 for each fishing operation, including operations where the catch was zero. The reports shall be sent by the master of the vessel or his authorised representatives to his flag Member State by 9:00 GMT for the preceding day.

Trap operators or their authorised representatives fishing actively for bluefin tuna shall produce daily reports and shall send them to their flag Member States within every 48 hours during the whole period in which they are authorised to fish bluefin tuna. Those reports shall include the ICCAT register number of the trap, date and time of the catch, weight and number of bluefin tuna caught, including where the catch is zero, releases and discards of dead fish. They shall send that information in the format set out in Annex III.

Masters of catching vessels other than purse seine vessels, shall transmit to their flag Member States the reports referred to in paragraph 1 by Tuesday 12:00 GMT for the preceding week ending on Sunday.

Section 3 Landings and transhipments

Article 33

Designated ports

Each Member State that has been allocated a bluefin tuna quota shall designate ports where landing or transhipping operations of bluefin tuna are authorised. The information on designated ports shall be included in the annual fishing plan referred to in Article 11. Member States shall inform the Commission without delay of any amendment to the information on designated ports. The Commission shall communicate that information to the ICCAT Secretariat without delay.

For a port to be determined as a designated port, the port Member State shall ensure that the following conditions are met:

(a) established landing and transhipment times;

(b) established landing and transhipment places; and

(c) established inspection and surveillance procedures ensuring inspection coverages during all landing and transhipment times and at all landing and transhipment places in accordance with Article 35.

It shall be prohibited to land or tranship from catching vessels, as well as processing vessels and auxiliary vessels, any quantity of bluefin tuna fished in the eastern Atlantic and the Mediterranean at any place other than ports designated by CPCs and Member States. Exceptionally, dead bluefin tuna, harvested from a trap or cage, may be transported to a processing vessel using an auxiliary vessel, insofar as such transporting is conducted in the presence of the control authority.

This Article shall apply without prejudice to the right of access to port under international law concerning fishing vessels in distress or in the event of force majeure.

Article 34

Prior notification of landings

Article 17 of Regulation (EC) No 1224/2009 shall apply to masters of Union fishing vessels of a length overall of 12 metres or more included in the list of vessels referred to in Article 26. The prior notification under Article 17 of Regulation (EC) No 1224/2009 shall be sent to the competent authority of Member State (including the flag Member State) or CPC whose ports or landing facility they wish to use.

Prior to entry into port, masters, or their representatives, of Union fishing vessels, including processing vessels and auxiliary vessels, included in the list of vessels referred to in Article 26, shall, at least four hours before the estimated time of arrival at the port, notify the competent authority of their flag Member State or the CPC whose ports or landing facility they wish to use, of at least the following information:

(a) estimated date and time of arrival;

(b) estimated quantity of bluefin tuna retained on board;

Where Member States are authorised under applicable Union law to apply a shorter notification period than the period of four hours before the estimated time of arrival, the estimated quantities of bluefin tuna retained on board may be notified at the applicable time of notification prior to arrival. If the fishing grounds are less than four hours from the port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.

The authorities of the port Member State shall keep a record of all prior notifications for the current year.

All landings in the Union shall be controlled by the relevant control authorities of the port Member State and a percentage shall be inspected based on a risk assessment system involving quotas, fleet size and fishing effort. Full details of such control system adopted by each Member State shall be set out in the annual monitoring, control and inspection plan referred to in Article 14.

Masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the competent authorities of the Member State or CPC where the landing takes place and to its flag Member State. The master of the Union catching vessel shall be responsible for, and certify, the completeness and accuracy of the declaration. The landing declaration shall indicate, as a minimum requirement, the quantities of bluefin tuna landed and the area where they were caught. All landed catches shall be weighed. The port Member State shall send a record of the landing to the authorities of the flag Member State or CPC, 48 hours after the completion of the landing.

Article 35

Transhipments

Transhipment at sea by Union fishing vessels carrying on board bluefin tuna, or by third country vessels in Union waters, shall be prohibited in all circumstances.

Without prejudice to Article 52(2) and (3), Article 54 and Article 57 of Regulation (EU) 2017/2107, fishing vessels shall only tranship bluefin tuna catches in designated ports as referred to in Article 33 of this Regulation.

The master of the receiving fishing vessel, or the master’s representative, shall provide the relevant authorities of the port State at least 72 hours before the estimated time of arrival at port, with the information listed in the transhipment declaration template set out in Annex V. Any transhipment shall require the prior authorisation from the flag Member State or flag CPC of the transhipping fishing vessel concerned. Furthermore, the master of the transhipping vessel shall, at the time of the transhipment, inform its flag Member State or CPC of the dates required under Annex V.

The port Member State shall inspect the receiving vessel on arrival and check the quantities and documentation relating to the transhipment operation.

The masters, or their representatives, of Union fishing vessels engaged in transhipment operations shall complete and transmit to the competent authorities of their flag Member States the ICCAT transhipment declaration no later than 5 working days after the date of transhipment in port. The masters, or their representatives, of the transhipping fishing vessels shall complete the ICCAT transhipment declaration in accordance with the format set out in Annex V. The ICCAT transhipment declaration shall be linked with the eBCD to facilitate cross-checking of data contained therein.

The port Member State shall send a record of the transhipment to the flag Member State or CPC authority of the transhipping fishing vessel, within 5 days after the completion of the transhipment.

All transhipments shall be inspected by the competent authorities of the designated port Member States.

Section 4 Reporting obligations

Article 36

Catch reports submitted by Member States

Each Member State shall submit catch reports to the Commission every 2 weeks. Those reports shall include the data required under Article 32 as regards traps and catching vessels. The information shall be structured by gear type. The Commission shall transmit that information to the ICCAT Secretariat without delay.

Article 37

Information on quota exhaustion

In addition to complying with Article 34 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group is deemed to have reached 80 %.

In addition to complying with Article 35 of Regulation (EC) No 1224/2009, each Member State shall inform the Commission when the quota allocated to a gear group or to a joint fishing operation or to a purse seine vessel is deemed to be exhausted. That information shall be accompanied by official documentation proving the fishing stop or the call back to port issued by the Member State for the fleet, the gear group, the joint fishing operation, or the vessels with an individual quota including a clear indication of the date and the time of the closure.

The Commission shall inform the ICCAT Secretariat of the dates when the Union quota of bluefin tuna has been exhausted.

Section 5 Observer programmes

Article 38

National observer programme

Each Member State shall ensure that the deployment of national observers, issued with an official identification document, on fishing vessels and traps active in the bluefin tuna fishery covers at least:

(a) 20 % of its active pelagic trawlers (over 15 metres);

(b) 20 % of its active longline vessels (over 15 metres);

(d) 100 % of towing vessels;

(e) 100 % of harvesting operations from traps.

Member States with fewer than five catching vessels belonging to the categories listed in points (a), (b) and (c) of the first subparagraph and authorised to fish actively for bluefin tuna shall ensure that the deployment of national observers covers at least 20 % of the time the vessels are active in the bluefin tuna fishery.

By way of derogation from paragraph 1, for releases of tuna from farms, only the ICCAT regional observers as referred to in Article 39 shall be present on the towing vessels.

The obligations, responsibilities and tasks of the national observers are set out in Annex VIII.

Data and information collected under each Member State’s observer programme shall be provided to the Commission. The Commission shall forward those data and that information to the SCRS or the ICCAT Secretariat, as appropriate.

For the purposes of this Article Member States shall ensure:

(a) representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, fishing effort and other scientific and management aspects, taking into account characteristics of the fleets and fisheries;

(b) robust data collection protocols;

(d) that observers are provided, before the start of their deployment, with a list of contacts within the Member State’s competent authority where to report observations;

(e) to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area.

(f) that masters of fishing vessels and the trap operators allow observers access to the electronic means of communication on board the fishing vessels or on the traps.

Article 39

ICCAT regional observer programme

Member States shall ensure the effective implementation of the ICCAT regional observer programme as set out in this Article and in Annex VIII.

Member States shall ensure that an ICCAT regional observer is present:

(a) on all purse seine vessels authorised to fish bluefin tuna;

(b) during all transfers of bluefin tuna from purse seine vessels;

(d) during all transfers from one farm cage to transport cages, which then are towed to another farm;

(e) during all cagings of bluefin tuna in farms;

(f) during all harvesting of bluefin tuna from farms; and

(g) during the release of bluefin tuna from farming cages into the sea.

2a By way of derogation from paragraph 1, harvesting from farms up to 1 000 kg per day and up to a maximum of 50 tonnes per farm per year to supply the fresh bluefin tuna market may be authorised by the relevant Member State provided that an authorised national inspector from the farm Member State is on site for 100 % of such harvests and controls the entire operation. That authorised national inspector shall also validate the harvested quantities in the eBCD system. In such cases, the ICCAT regional observer’s signature shall not be required in the harvesting information section of the eBCD.

Purse seine vessels without an ICCAT regional observer shall not be authorised to fish for bluefin tuna.

Member States shall ensure that one ICCAT regional observer shall be assigned to each farm for the whole period of the caging and harvesting operations. In the event of force majeure, and following confirmation by the farm Member State of those circumstances that constitute force majeure or where neighbouring farms, as authorised and controlled by the same farm Member State, operate jointly as one unit, an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the tasks of ICCAT regional observer are duly accomplished and following confirmation from the farm Member State.

4a. By way of derogation from paragraph 4, in the case of a transfer between two different farms under the jurisdiction of the same Member State, one ICCAT regional observer can be assigned to cover the entire process including the transfer of fish to a towing transport cage, the towing of the fish from the donor farm to the farm of destination and the caging of fish in the farm of destination. In that case, an ICCAT regional observer shall be deployed by the donor farm and the cost shall be shared by the donor farm and farm of destination, unless otherwise determined by the operators of those farms.

The ICCAT regional observers’ tasks shall be, in particular to:

(a) observe and monitor fishing and farming operations in compliance with the relevant ICCAT conservation and management measures, including through access to stereoscopic camera footage at the time of caging that enables the measuring of length and the estimation of the corresponding weight;

(b) sign the ITDs and BCDs when the information contained therein is consistent with their own observations. Otherwise, the ICCAT regional observer shall indicate his/her presence on the ITDs and BCDs and the reasons of disagreement quoting specifically the rule(s) or procedure(s) that has not been respected;

Masters, crew members, and operators of farms, traps and vessels shall not obstruct, intimidate, interfere with, or unduly influence by any means ICCAT regional observers in the performance of their duties.

The obligations, responsibilities and tasks of the ICCAT regional observers are set out in Annex VIII.

Section 6 Transfer operations

Article 40

Transfer authorisation

Before the start of a transfer operation, including a voluntary transfer, the donor operator shall send to the flag, farm or trap Member State a prior transfer notification indicating:

(a) the number and the estimated weight of the bluefin tuna individuals to be transferred;

(b) the name and ICCAT number of the catching vessel, towing vessels, farm or trap;

(d) the date and estimated time of transfer;

(e) the estimated position (latitude and longitude) where the transfer will take place and the donor and receiving cage numbers;

(f) the name and ICCAT number of the farm of destination;

(g) the name and ICCAT number of the donor farm, in the case of a transfer from the farm cage to a transport cage;

(h) the cage numbers of the two farm cages and any transport cages involved, in the case of intra-farm transfers.

A unique identifying number as referred to in Article 45c shall be assigned to all cages used in transfer operations and associated transport of live bluefin tuna.

The Member State to which a transfer notification has been sent pursuant to paragraph 1 shall assign and communicate to the master of the fishing vessel, or operator of the trap or farm as appropriate, an authorisation number for each transfer operation. The authorisation number shall include the three-letter Member State code, four numbers showing the year and three letters indicating either positive authorisation (AUT) or negative (NEG) followed by sequential numbers.

The Member State referred to in paragraph 1 shall, within 48 hours following the submission of the prior transfer notification, authorise or refuse to authorise the transfer. The transfer shall not begin without the prior authorisation number indicating the positive authorisation (AUT) issued.

The transfer authorisation shall not prejudge the confirmation of the caging operation.

Voluntary and control transfers shall not be subject to a new transfer authorisation.

Article 41

Refusal of the transfer authorisation and consequent release of bluefin tuna

The Member State to which a prior transfer notification has been sent pursuant to Article 40(1) shall refuse to authorise the transfer if, on receipt of the prior notification of transfer, it considers that:

(a) the catching vessel or the trap declared to have caught the fish did not have a sufficient quota;

(b) the number and weight of bluefin tuna individuals have not been duly reported by the catching vessel or trap, or caging of the bluefin tuna individuals was not authorised;

(c) the catching vessel or the trap declared to have caught the fish did not have a valid fishing authorisation for bluefin tuna issued in accordance with Article 27 or 28;

(d) the towing vessel declared to receive the transfer of fish is not registered in the ICCAT record of other fishing vessels referred to in Article 26, or is not equipped with a fully-functioning VMS or equivalent tracking device; or

(e) the farm of destination is not reported as active in the ICCAT record of bluefin tuna farming facilities.

If the Member State to which a transfer notification has been sent pursuant to Article 40(1), refuses the transfer, it shall immediately issue a release order to the master of the catching or of the towing vessel or to the operator of the trap or farm as appropriate, to inform them that the transfer is not authorised and require them to release of the fish into the sea in accordance with Annex XII.

In the event of a technical failure of its VMS during the transport to the farm, the towing vessel shall be replaced by another towing vessel with a fully-functioning VMS, or a new operative VMS shall be installed or used, as soon as feasible and not later than 72 hours after that technical failure. That period of 72 hours may be exceptionally extended in the event of force majeure or legitimate operational constraints. The technical failure shall be immediately communicated to the Commission, which shall inform the ICCAT Secretariat. The master or the master’s representative shall, from the time the technical failure was detected until it is remedied, communicate every hour to the control authorities of the flag Member State the updated geographical coordinates of the fishing vessel by appropriate telecommunication means.

Article 42

ICCAT transfer declaration

At the end of the transfer operation the donor operator shall complete and transmit the ICCAT transfer declaration (‘ITD’) in accordance with the format set out in Annex VI to:

(a) the competent authorities of the flag or trap Member State;

(b) the ICCAT regional observer where the presence of that observer is mandatory; and

The ITD forms shall be numbered by the authorities of the Member State responsible for the fishing vessel, farm or trap from where the transfer originates. The number of the ITD form shall include the three-letter Member State code, followed by four numbers showing the year and three sequential numbers followed by the three letters ITD (MS-20**/xxx/ITD).

The original ITD shall accompany the transfer to the farm of destination where bluefin tuna individuals are to be caged.

At first transfer, the original ITD shall be duplicated by the donor operator when a single catch is transferred from the purse seine or the trap to more than one transport cage.

In the event of a further transfer, the master of the donor towing vessel shall update the ITD by completing section 3 (Further transfers) thereof and provide the updated ITD to the receiving towing vessel.

A copy of the ITD shall be kept on board the donor catching or towing vessels, or by the operator of the donor trap or donor farm, and be accessible at any time for control purposes during the duration of the fishing season.

Masters of vessels carrying out transfer operations shall report their activities in accordance with Annex II.

Information regarding fish that are observed to be dead during a transfer or during the transport of fish to the farm of destination, shall be recorded in accordance with Annex XIII.

Article 43

Monitoring by video camera

The donor operator shall ensure that the transfer is monitored by video camera in the water in order to determine the number of bluefin tuna individuals being transferred, except for transfers of cages between two towing vessels, which do not involve the movement of live bluefin tuna individuals between those cages. The video recording shall be carried out in accordance with the minimum standards for video recording procedures set out in Annex X.

Each competent authority of the Member State of the donor operator shall take the necessary measures to ensure that copies of the relevant video records are provided without delay by the donor operator:

(a) for the first transfer and any voluntary transfer, to the ICCAT regional observer, to the master of the receiving towing vessel and, at the end of the fishing trip, to the competent authority of the flag or trap Member State of the donor operator;

(b) for further transfers, to the national observer on board the donor towing vessel, to the master of the receiving towing vessel and, at the end of the towing trip, to the competent authority of the flag Member State of the donor towing vessel;

(c) for transfers between two different farms, to the ICCAT regional observer, to the master of the receiving towing vessel and to the competent authority of the farm Member State of the donor operator; and

(d) if a national or ICCAT inspector is present during the transfer operation, to that inspector.

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