Changes from plenary report to adopted text

Added(a) by 15 June of each year, the vessel monitoring plan for each vessel using EMS, outlining the EMS setup on each vessel, following the guidelines set out in Annex 11;

Added(b) by 15 June of each year, a Regional Observer Scheme data collection table specifying the following data fields:

Added(i) the data field name and description;

Added(ii) the data field reporting requirement level (i.e. mandatory to collect, mandatory to report if collected, not mandatory);

Added(iii) a brief description of the data collection method used to collect data for each data field.

Added(iv) in their national scientific report to be submitted in accordance with Article 51(6), a summary of the vessel monitoring plan specifying:

Added– the number of flagged vessels, by gear and fishery type, implementing EMS.

Added– the range of EMS configurations implemented within the fleet (including the numbers and placements of cameras for each configuration);

Added– a general description of EMS requirements imposed by the administration on the crew of the vessels.’;

Added(13) in Article 44, the following paragraphs are added:

Added‘3. Port Member States should prioritise inspection in port of the following vessels:

Added(a) carrier vessels the Automatic Identification System (AIS) or VMS signals of which disappear under suspicious circumstances and without explanation, and carrier vessels the signals of which indicate dubious movements;

Added(b) carrier vessels not entered into the IOTC Record of Carrier Vessels.

Added4. Inspection of transhipment activities in port should involve the monitoring of the entire transhipment operation, including a review of the prior authorisation to tranship in port issued by the flag CPC to the fishing vessel.’;

Added(14) Article 51 is amended as follows:

Added(a) paragraph 2 is amended as follows:

Added(i) the introductory wording is replaced by the following:

Added‘In addition to the information referred to in paragraph 1, Member States shall include the following fishing effort data by the purse seiners fleet using supply vessels and FADs and fishing vessels fishing on AFADs:’;

Added(ii) the following points are added:

Added‘(d) any fishing activities in association with a floating object (DFAD or log) and/or an instrumented buoy, from the deployment to the end of use, using the specific data elements set out in Annex 3;

Added(e) any fishing activities in association with AFADs using the specific data elements set out in Annex 3.’;

Added(b) paragraph 5 is replaced by the following:

Added‘5. Member States shall submit to the Commission, 75 days before the annual meeting of the IOTC, information for the preceding calendar year containing the information on actions taken to implement their reporting obligations for all IOTC fisheries, including shark species caught in association with IOTC fisheries, in particular the steps taken to improve their data collection for direct and incidental catches, and the implementation of biodegradable DFADs as provided for in Article 8b. The Commission shall compile that information into a Union implementation report and submit it to the IOTC Secretariat no later than 60 days before the annual meeting of the IOTC.’;

Added(c) in paragraph 6, the following point is added:

Added‘(e) report on EMS as provided in Article 30 (4).’;

Added(15) in Article 54, paragraph 1, the following point is added:

Added‘(k) changes to reporting obligations and notifications for drifting FADs in Article 8c.’;

Added(16) Annexes 2 and 3 are replaced by the text set out in points 1 and 2 of Annex III to this Regulation;

Added(17) Annexes 3a and 3b are inserted, as set out in point 3 of Annex III to this Regulation;

Added(18) Annex 4 is amended in accordance with point 4 of Annex III to this Regulation;

Added(19) Annex 11 is added, as set out in point 5 of Annex III to this Regulation.

AddedArticle 7 Amendments to Regulation (EU) 2023/2053

Added(1) in Article 30, paragraph 6 is replaced by the following:

Added‘6. In the event of force majeure preventing the planned joint fishing operation from taking place, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, the Member State concerned is allowed to transfer the unused quotas of vessels participating in a joint fishing operation to its vessels or to vessels of other Member States participating in another joint fishing operation, provided that such transfer is necessary due to force majeure. Member States shall notify the Commission of such transfers as soon as possible, together with a description of the events constituting the force majeure. That information shall be transmitted to the Commission prior to the start of the joint fishing operation involving the vessels receiving the unused quota. The Commission shall forward that information to the ICCAT Secretariat.’;

Added(2) Article 34 is amended as follows:

Added(a) paragraphs 3, 4 and 5 are replaced by the following:

Added‘3. By way of derogation from paragraph 1 of this Article, Member States where bluefin tuna is landed may set a shorter period for the prior notification referred to in paragraph 1 of this Article ▌ , taking into account the type of fishery products and the distance between the fishing grounds and the port or landing site, and provided that such a shorter period of prior notification does not impair the ability of that Member State to carry out inspections. Member States may apply that derogation only to vessels referred to in Article 26 that catch less than three specimens of bluefin tuna or less than one tonne. Where catches are taken between the time of the prior notification and arrival at port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.

Added4. Member States making use of the derogation provided for in paragraph 3 of this Article shall inform the Commission and provide the details of the potential shortened prior notification period and the reasons therefor, and the remainder of the conditions for the prior notification, prior to its implementation, in their monitoring, control, and inspection plan referred to in Article 14. Any subsequent changes shall be notified to the Commission without delay, and at least 20 days before those changes take effect. The Commission shall transmit that information to the ICCAT Secretariat at least 14 days before the changes take effect and the Commission shall make that information available on a public website of the Commission. Member States shall also make the information on shorter periods for prior notification available on public websites.

Added5. The authorities of the port Member State shall keep a record of all prior notifications for a period of one year from the date of port entry.’;

Added(b) the following paragraph is inserted:

Added‘5a. All landings in the Union shall be controlled by the relevant control authorities of the port Member State, and a percentage of landings shall be inspected based on a risk assessment system involving quotas, fleet size and fishing effort. Full details of the control system adopted by each Member State shall be set out in the annual monitoring, control and inspection plan referred to in Article 14.’;

Added(c) the following paragraph is added:

Added‘7. Where bluefin tuna is landed in Member State or CPC ports, or Member State or CPC landing facilities, other than the ports or landing facilities of the notified Member State, the 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 Member State or CPC where the bluefin tuna is landed which shall contain the information required in ▌ Article 17(2), points (a), (b) and (c), of Regulation (EC) No 1224/2009 and the quantities and weight of the bluefin tuna landed.’;

Added(3) in Article 42, paragraph 3 is replaced by the following:

Added‘3. 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. The updated ITD shall be duplicated by the master of the donor towing vessel if the fish subject to further transfer is divided into more than one transport cage. A copy of the original/updated ITD shall be kept on board the donor catching or towing vessels, or by the operator of the donor trap or donor farm and shall be accessible at any time for control purposes for the duration of the fishing season.’;

Added(4) in Article 43(1), second subparagraph, point (a) is replaced by the following:

Added‘(a) for the first transfer and any voluntary or control 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;’;

Added(5) Article 46a is amended as follows:

Added(a) paragraph 1 is replaced by the following:

Added‘1. On arrival of the towing vessel in the vicinity of the farm, the competent authority of the farm Member State shall ensure that the towing vessel and the cage are maintained at a distance of a minimum of 0,1 nautical miles from any facility of the farm until the competent authority of the farm Member State is physically present. The position and activity of that towing vessel shall be monitored at all times.’;

Added(b) paragraph 6 is replaced by the following:

Added’6. Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State responsible for the farm provide valid reasons, including force majeure, which shall accompany the caging report when submitted. That deadline shall not apply in the case of inter-farm transfers.’;

Added(6) in Article 49, the following paragraph is inserted:

Added‘2a. In the event of persistent turbidity conditions in the farm area, the ▌ competent authority of the farm Member State may authorise the control caging to take place outside the farm, in an adjacent area where there is sufficient visibility. The farm Member State shall document the measurement of the turbidity according to standard methods.’;

Added(7) Article 56b is amended as follows:

Added(a) paragraph 1 is replaced by the following:

Added‘1. Intra-farm transfer shall not take place without the authorisation of the competent authority of the farm Member State. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The competent authority of the farm Member State shall monitor those transfers, including by verifying the video footage and shall ensure that each intra-farm transfer is recorded in the eBCD system.’;

Added(b) the following paragraph is inserted:

Added‘1a. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the intra-farm transfer and the number of individuals expected to be present in the cage. When the difference is ▌ larger than 5 %, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed.’;

Added(8) Article 65 is replaced by the following: