Changes from plenary report to adopted text

Added6. Member States shall verify the information provided by the owners of instrumented buoys to the DFAD register, and validate it at least once a year.

Added7. The owner of an instrumented buoy shall notify, through the DFAD register and within 72 hours of deactivation, the IOTC Secretariat when an instrumented buoy is deactivated, including whether the DFAD and instrumented buoy were retrieved. If an active instrumented buoy attached to a DFAD is deactivated without being retrieved, the owner of the buoy shall include in the notification through the DFAD register, the date, time, last location of the instrumented buoy and the reasons for deactivating it. The owner of the instrumented buoy shall record in the DFAD register when an instrumented buoy has been decommissioned (namely the buoy was retrieved and cannot be redeployed or reactivated).

Added8. Member States shall transmit to the Commission the following daily information on all active DFADs:

Added(a) the geographical location (degrees, minutes and seconds);

Added(b) the date;

Added(c) the time;

Added(d) unique instrumented buoy reference number;

Added(e) the name and IOTC registration number of the vessels to which the instrumented buoy is assigned.

AddedThe information shall be compiled at monthly intervals and submitted not earlier than 30 days but no later than 60 days after the monthly compilation of the information concerned. The Commission shall send that information to the IOTC Secretariat

Added9. Member States may submit to the Commission a reasoned request for access to the information listed in paragraph 4, points (c), (d) and (j), pertaining to DFADs deployed by other Member States or CPCs.

Added10. In the event that a Member State or CPC requests access to the information listed in paragraph 4, points (c), (d) and (j), pertaining to DFADs deployed by another Member State, the Commission shall forward that request to the other Member State concerned. In the event that a CPC requests that information, the Commission shall forward the request only after asking the requesting CPC for the reasons for its request. The Member State concerned shall provide to the Commission within 20 days its consent to provide the information referred to in paragraph 4, point (j), or its reasoned refusal.’;

Added(5) Article 9 is replaced by the following:

Added‘Article 9 Anchored FADs (AFADs)

Added1. Union fishing vessels shall record fishing activities in association with AFADs using the specific data elements set out in Annex 3. Member States shall send that information to the Commission in accordance with Article 51(2).

Added2. Member States shall draw up a national management plan for the use of ▌ AFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - B.

Added3. Member States shall ensure that their vessels only use AFADs that are permanently and clearly marked with a unique national identification number that identifies the Member State or the vessel(s) to which the AFAD belongs, as applicable.

Added4. Member States shall undertake at-sea inspections to ensure that the AFADs deployed are marked and constructed in accordance with Article 9a.

Added5. Member States shall report to the Commission when a new ▌ AFAD is deployed in ▌ Union waters, within 15 days of the deployment, with the following information:

Added(a) the date of deployment

Added(b) the position (GPS coordinates)

Added(c) unique national identification number, referred to in paragraph 3.

AddedThe Commission shall send that information to the IOTC Secretariat without delay, and no later than 21 days after the deployment.

Added6. No later than 75 days before the IOTC annual meeting, Member States shall submit a progress report on the implementation of the management plan for the use of ▌ AFADs and, if necessary, a review of the initially submitted management plan. The progress report shall include a register of deployed, lost, abandoned, and discarded ▌ AFADs, and the number and outcome of inspections referred in paragraph 4.

Added7. The Commission shall send that information to the IOTC Secretariat no later than 60 days before the IOTC annual meeting.’;

Added(6) the following article is inserted:

Added‘Article 9a Design and construction of AFADs

Added1. Member States and Union fishing vessels shall use only non-entangling designs and materials for the construction of the sub-surface aggregators of the AFADs. Sub-surface aggregators attached to the mooring line shall be constructed from biodegradable materials.

Added2. Member States and Union fishing vessels are encouraged to construct AFADs from materials that will ensure increased longevity.

Added3. Member States and Union fishing vessels shall ensure that the nature and profile of the sea bottom is taken into account when choosing a site for deploying or replacing deployed AFADs, and that sites with steep slopes are avoided, where possible, in order to minimise the risk of loss ▌ .

Added4. Member States and Union fishing vessels shall ensure that the upper floatation of AFADs is suitable for offshore, high-current deployments by using designs which are streamlined to reduce drag and resistance to currents and waves.’;

Added(7) in Article 13, the following paragraph is added:

Added‘3. Union carrier vessels authorised to receive transhipments of IOTC species shall separate and stow transhipped fish by fishing vessel and develop a stowage plan to show the locations in the hold of the quantities by vessel and major species and, if possible, by other species. The carrier vessel master shall submit the stowage plan to inspectors, if requested.’;

Added(8) Article 20 is amended as follows:

Added(a) in paragraph 2, point (b) is replaced by the following:

Added‘(b) report interactions with cetaceans to the vessel’s flag Member State, with the following information:

Added(i) the species (if known);

Added(ii) the number of individuals;

Added(iii) a short description of the interaction, including details of how and why the interaction occurred, if possible;

Added(iv) the location of the encirclement;

Added(v) the steps taken to ensure safe release; and

Added(vi) an assessment of the life status of the animal on release, including whether the cetacean was released alive but subsequently died.’;

Added(b) the following paragraph is added:

Added‘4. Member States shall ensure that Union fishing vessels are aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all necessary equipment for their safe release of cetaceans.’;

Added(9) in Article 22, paragraph 1 is replaced by the following:

Added‘1. Union fishing vessels shall use mitigation measures to reduce the levels of seabird bycatch across all fishing areas, seasons and fisheries. In the area south of 25 degrees South latitude, all longline vessels shall use at least two of the three mitigation measures set out in Annex 4 ▌ or, alternatively, use only hook-shielding devices, and shall comply with the minimum standards for those measures. The design and deployment of bird scaring lines shall comply with the additional specifications set out in Annex 5.’;

Added(10) in Article 30, the following paragraphs are added:

Added‘4. Provided that the minimum mandatory Regional Observer Scheme data reporting standards are met, Member States may complement or substitute the minimum human observer coverage provided for in paragraph 1 by means of an electronic monitoring system (EMS). EMS shall be complemented by port sampling and/or other data collection methods approved by the IOTC when required.

Added5. Member States which choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 of this Article shall ensure that their national electronic monitoring programme, their electronic monitoring system and data standards follow the requirements set out in this Regulation, including Annex 11 hereto, for the purpose of IOTC’s Regional Electronic Monitoring Programme (REMP). ▌

Added6. Member States which choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 shall:

Added(a) ensure that a Vessel Monitoring Plan (VMP) as set out in Part 3 of Annex 11 is developed for each vessel equipped with EM equipment and delivered to the Member State’s competent authorities;

Added(b) ensure that EM equipment is installed on those vessels in accordance with the VMP to collect the required data and to comply with the coverage objectives agreed by the Commission;

Added(c) ensure that EMS implementation is consistent with IOTC’s REMP and its minimum standards;

Added(d) collaborate to ensure that National EM Programmes are compatible and harmonised where necessary;

Added(e) document the roles and responsibilities of competent authorities and vessel owners and crew with respect to inter alia installing and maintaining equipment, routine cleaning of cameras, sending storage devices, access to EM records and EM data, responses to mechanical or technical failure of EMS;

Added(f) provide the IOTC Secretariat with the contact details of their EM Programme Coordinator(s).’;

Added(11) in Article 31, the following paragraphs are inserted :

Added‘1a. When carrying out their duties, observers shall use the IOTC Regional Observer Scheme Minimum Standard Data Fields, the IOTC data collection forms, the IOTC Species identification cards, the IOTC Observer Manual and the IOTC Observer Forms as provided by the Commission.

Added1b. Observers deployed on purse seine vessels shall collect detailed information on the DFAD design used and its conformity with the requirements set out in Annex 3a prior to the deployment of each DFAD.’;

Added(12) in Article 33, the following paragraph is added:

Added‘4. Member States which choose to implement EMS shall submit to the Commission the following information: