Changes from plenary report to adopted text

Added1. Union fishing vessels shall promptly release unharmed all live sharks caught that are not retained ▌ , to the extent practicable, as soon as they are seen on the line, entangled in the net or brailed on the deck, taking due consideration of the safety of any persons. They shall also discard dead sharks that are not retained as catch or by-catch.▌

Added2. Purse seine vessels shall apply the following measures to safeguard the safety of the persons involved in the operation referred to in paragraph 1:

Added(a) sharks shall be disentangled and released into the ocean as soon as possible after first seen entangled in the net;

Added(b) sharks brailed on deck shall be returned to the water as soon as possible, either using a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment ;

Added(c) the use of gaffs, hooks, or similar instruments for the handling of sharks shall be prohibited;

Added(d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (for example to pass a cable through for lifting the shark) shall be prohibited;

Added(e) the lifting of whale sharks (Rhincodon typus) onboard the vessel shall be prohibited, as shall the towing of whale sharks out of a purse-seine net (for example using towing ropes).

Added3. ▌Longline vessels shall apply the following measures to safeguard the safety of the persons involved in an operation referred to in paragraph 1:

Added(a) the sharks shall be ▌ released into the ocean as soon as possible after first seen caught on a hook;

Added(b) sharks brailed on deck shall be returned to the water as soon as possible, either using a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment ▌ ;

Added(c) the use of gaffs, hooks, or similar instruments for the handling of sharks shall be prohibited;

Added(d) the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (for example to pass a cable through for lifting the shark) shall be prohibited;

Added(e) the lifting of whale sharks (Rhincodon typus) onboard the vessel shall be prohibited, as shall the towing of whale sharks ▌ ▌(for example using towing ropes);

Added(f) sharks shall be left in the water where possible;

Added(g) line cutters shall be used to cut the branch line as close to the hook as possible, and so that less than 1 metre remains on the animal, to the extent practicable.

Added4. In addition to in paragraph 1 of this Article, Union fishing vessels shall apply best safe handling and release practices for sharks in accordance with the guidelines of Annexes 3 and 3.1 to Resolution C-24-05.’;

Added(9) Article 14 is replaced by the following:

Added‘Article 14 Data collection on shark species

Added1. Masters of Union fishing vessels shall collect and submit catch data for silky and hammerhead sharks to the flag Member State, which shall ▌ submit those data to the Commission by 15 June of each year. The Commission shall forward the data to the IATTC Secretariat by 30 June of each year.

Added2. Each Member State shall annually report data on catches, effort by gear type, landing and trade of sharks, by species where possible, in accordance with IATTC reporting procedures, including available historical data to the Commission by 15 June of each year. The Commission shall forward the data to the IATTC Secretariat by 30 June of each year.

Added3. Observers on Union fishing vessels shall record the number and life status (dead or alive) of silky sharks and hammerhead sharks caught and released.

Added4. Member States shall also provide, through observer programmes, electronic monitoring programmes or other means, the species identification, the number and life status (dead or alive) of all sharks caught, in accordance with applicable monitoring requirements, including those caught incidentally and those released by purse seine vessels of all capacity classes and longline vessels.’;

Added(10) in Article 20(1), the following point is added:

Added‘(q) a valid authorisation to fish and/or tranship in the Convention area.’;

Added(11) in Article 25, the following paragraph is added:

Added‘6. The data collected on FADs in accordance with Article 6 shall be submitted by Member States to the Commission no later than 75 days prior to each regular meeting of the SAC. The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the SAC.’;

Added(12) in Article 26, the following paragraph is inserted:

Added‘

Added-1. Member States shall fill in the standard questionnaire on compliance with ▌ IATTC Resolutions referred to in Annex I to Resolution C-22-02no later than 75 days prior to the annual meeting of the Committee for the Review of Implementation of Measures adopted by the IATTC Commission (“Compliance Committee”). The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the Compliance Committee.’;

Added(13) Article 27 is replaced by the following:

Added‘Article 27 Confidentiality and data protection

Added1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

Added2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.

Added3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.

Added4. In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States, masters of vessels and observers shall ensure the confidential treatment of electronic reports and messages transmitted to and received from the IATTC Secretariat pursuant to Article 10(3), Article 19(5) and (8) and Article 21(6) of this Regulation.’;

Added(14) the following article is inserted:

Added‘Article 27a Guidelines

AddedThe Commission shall provide Member States which have fishing opportunities in the Convention area with any guidelines developed by the IATTC, regarding best safe handling and release practices for sharks.

AddedThe Member States concerned shall ensure that those guidelines are provided to the masters of vessels flying their flag engaged in the fisheries concerned. Those masters shall take all necessary or possible steps to apply such guidelines.’;

Added(15) ▌ in Article 28, paragraph 1 is amended as follows:

Added(a) point (o) is replaced by the following:

Added‘(o) the Annexes to this Regulation;’;

Added(b) the following point is added:

Added‘(p) the reference to the Standard Questionnaire on Compliance with IATTC Resolutions set out in Article 26(-1).’;

Added(16) the Annex is numbered as ‘Annex I’ and Annexes II, III, IV, V, VI, VII, VIII and IX are added in accordance with Annex II to this Regulation.

AddedArticle 5 Amendments to Regulation (EU) 2022/2056

AddedRegulation (EU) 2022/2056 is amended as follows:

Added(1) Article 14 is replaced by the following:

Added‘Article 14

AddedGeneral measures for the protection of sharks

Added1. Union longline vessels targeting tuna and billfish between 20°N and 20°S, shall not use wire trace as branch lines or wire leaders, and shall be prohibited from using shark lines or branch lines running directly off the longline floats or droplines, known as shark lines, as depicted in Annex VI. Vessels carrying wire trace as branch lines or leaders shall keep them stowed.

Added2. Union fishing vessels aboard which there is an observer or electronic monitoring camera shall, taking into consideration the safety of the crew and of the observer, ensure that sharks that are caught and which are not to be retained, are hauled alongside the vessel before being cut free in order to facilitate species identification.

Added3. Sharks that are caught by Union longline vessels and are not retained, shall be released as soon as possible, taking into consideration the safety of the crew and observer, in the following manner:

Added(a) leaving the shark in the water, where possible; and

Added(b) using a line cutter to cut the branch line as close to the hook as possible.’;

Added(2) in Article 15, the following paragraph is added:

Added‘5. Oceanic whitetip shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Oceanic whitetip shark surrendered in this manner may not be sold or bartered by the competent authorities, but may be donated for the purpose of domestic human consumption.’;

Added(3) in Article 17, the following paragraph is added:

Added‘6. Silky shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Silky shark surrendered in this manner may not be sold or bartered ▌ by the competent authorities, ▌ but may be donated for purpose of domestic human consumption.’;

Added(4) in Article 18, the following paragraph is added: