Changes from report parliamentary committee draft to plenary report

Article 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – introductory part: 2. When using or designing FADs, Member States shall:

Change 13

RemovedICCAT recommendation 21-01 text is transposed in a more accurate way

Regulation (EU) 2017/2107

Change 14

ChangedArticle 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – point a: (a) ensure that all FADs deployed are non-entangling in line with the guidelines under Annex 5 to Recommendation 19-02;21-01;

Change 15

RemovedICCAT recommendation 21-01 text is transposed in a more accurate way

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 8, Article 10 – paragraph 2 – point b: (b) endeavour that all FADs are constructed from biodegradable materials, including non-plastics, with the exception of materials used in the construction of FAD tracking buoys;

Change 16

RemovedICCAT recommendation 21-01 text is transposed in a more accurate way

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 11, Article 14 – paragraph 1: 1. Member States shall ensure that vessels flying their flag do not deploy drifting FADs during a period of 15 days prior to the start of the closure periods established under Union law.

Change 17

RemovedLinguistic clarification

Regulation (EU) 2017/2107

Change 18

ChangedArticle 1 – paragraph 1 – point 11, Article 14 – paragraph 2 – introductory part: 2. Member States shall ensure that vessels flying their flag that are authorised to fish for tropical tuna establish a minimum observer coverage, as follows:shall:

Change 19

RemovedLinguistic clarification

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 20, Article 27 – title: Article 27

Change 20

RemovedLinguistic clarification

Regulation (EU) 2017/2107

Change 21

RemovedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 1: 1. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, when their quota is approaching exhaustion, Member States shall take the appropriate measures to ensure that vessels flying their flag release all blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus), and roundscale spearfish (Tetrapturus georgei) that are alive by the time of boarding.

AddedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 1: deleted

RemovedICCAT recommendation 18-04 is transposed in a more accurate manner

Regulation (EU) 2017/2107

Change 22

AddedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 2: 2. To the extent possible, Union pelagic longline vessels and Union purse seiners shall promptly release blue marlin and white marlin/roundscale spearfish that are alive at haul-back, giving due consideration to the safety of crew members, in a manner that causes the least harm and maximizes post-release survival.

AddedRegulation (EU) 2017/2107

Article 1 – paragraph 1 – point 20, Article 27 – paragraph 3: 3. Member States shall encourage implementation of the minimum standards for safe handling and live release procedures specified in Annex 1 to Recommendation 19-05 by producing guidelines for their fleet. Union fishing vessels shall have readily available on deck and easily accessible by crew, a lifting device, bolt cutter, dehooker/disgorger and line-cutter for safe release of live marlins caught.

Change 23

RemovedLinguistic clarification

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 20, Article 27 – paragraph 4: 4. Member States shall ensure that captain and crew members of their fishing vessels are adequately trained, aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all equipment necessary for the release of marlins in accordance with the guidelines on minimum standards for safe handling procedures referred to in paragraph 3.

Change 24

RemovedThe guidelines on minimum standards for safe handling procedures are already mentioned in paragraph 3

Regulation (EU) 2017/2107

Change 25

ChangedArticle 1 – paragraph 1 – point 20, Article 27 – paragraph 6: 6. Member States may authorise pelagic longline and purse seiners flying their flag to fish and retain on board, tranship, or land blue marlin and white marlin/roundscale spearfish that are dead, within their landingcatch limit.

Change 26

RemovedLinguistic clarification

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 21, Article 29 – paragraph 5: 5. Member States shall take appropriate measures to ensure that, in recreational fisheries, any released fish shall be released in a manner that causes the least harm.

Change 27

RemovedRecommendation 19-05 specifies that CPCs shall take appropriate measures to ensure this provision.

Regulation (EU) 2017/2107

Change 28

ChangedArticle 1 – paragraph 1 – point 24, Article 33: North Atlantic Shortfinshortfin mako sharks (Isurus oxyrinchus) / 1. North Atlantic shortfin mako sharks caught in Union fishing vessels shall not be harmed and shall be promptly released into the sea, while giving due consideration to the safety of crew members. / 2. Member States shall make sure that vessels flying their vesselsflag apply the minimum standards for safe handling and release procedures of North Atlantic shortfin mako shark as set out in Annex IX.VIIIa. / (deleted) / (deleted) / 3. Starting in 2023 and annually thereafter, the Commission shall validate the amount of permissible retention in the subsequent year, based on the best available scientific advice.(deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Change 29

RemovedICCAT Recommendation 21-09 has modified article 33. ICCAT Recommendation 21-09 establishes that there is no permissible retention for north Atlantic shortfin mako. Possible future retention will be determined inline with paragraph 5 of the recommendation

RemovedRegulation (EU) 2017/2107

RemovedArticle 1 – paragraph 1 – point 24 a (new), Article 33a (new): (24a) The following Article is inserted: / “Article 33a / South Atlantic Shortfin mako sharks (Isurus oxyrinchus) / 1. Member States shall make sure that their vessels apply the minimum standards for safe handling and release procedures of South Atlantic shortfin mako shark as set out in Annex IX. / 2. Member States shall report on a monthly basis to the Commission all permissible landings of vessels flying their flag, which are authorised to catch South Atlantic shortfin mako. That report shall be sent to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of vessels flying their flag. / 3. By 30 June every year, Member States whose vessels have caught (landings and dead discards) South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programs. / 4. As part of their annual Task 1 and 2 data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako, including estimates of dead discards and live releases using the methods approved by the SCRS.”.

RemovedICCAT recommendation 22-11

Regulation (EU) 2017/2107

Change 30

RemovedArticle 1 – paragraph 1 – point 25 a (new), Article 41: (25a) Article 41 is amended as follows: / (a) the following paragraph is inserted: / “2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to: / - use only large circle hooks; / - use only finfish bait; or / - use other measures that have been reviewed and considered effective and approved by the ICCAT to be capable of reducing the interaction rate of sea turtles in shallow set longline fisheries.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall: / (a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the SCRS, through the use or continued use of at least one of the following bycatch mitigation measures: / (i) alternative or new gear types and gear modifications; / (ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles; / (iii) effective static net gears’ marking allowing their detection by sea turtles such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net; / (iv) modifications in fishing behaviour and strategy (for example reduced soaking time). / (b) require their purse seine vessels to avoid encircling sea turtles to the extent practicable, release encircled or entangled sea turtles, including on FADs, where feasible, and ensure that FADs deployed constr…

AddedArticle 1 – paragraph 1 – point 24 a (new), Article 33 a (new): (24a) The following article is inserted / "Article 33a / South Atlantic shortfin mako sharks (Isurus oxyrinchus) / 1. Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures of South Atlantic shortfin mako shark as set out in Annex VIIIa. / 2. Member States shall report on a monthly basis to the Commission all permissible landings of vessels flying their flag, which are authorised to catch South Atlantic shortfin mako. That report shall be sent to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of vessels flying their flag. / 3. By 30 June every year, Member States with vessels flying their flag having reported catches (landings and dead discards) of South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programs. / 4. As part of their annual Task 1 and 2 data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako, including estimates of dead discards and live releases using the methods approved by the SCRS. / 5. Fishing vessels that retain South Atlantic shortfin mako are prohibi…

RemovedRecommendation 22-12

Regulation (EU) 2017/2107

Change 31

RemovedArticle 1 – paragraph 1 – point 26 – introductory part, Article 44a: (26) The following Article is added:

AddedArticle 1 – paragraph 1 – point 25 a (new), Article 41: (25a) Article 41 is amended as follows: / (a) the following paragraph is inserted: / “2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to: / - use only large circle hooks; / - use only finfish bait; or / - use other measures that have been reviewed and considered effective and approved by the ICCAT to be capable of reducing the interaction rate of sea turtles in shallow set longline fisheries.”; / (b) paragraph 4 is replaced by the following: / “4. Member States shall: / (a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the SCRS, through the use or continued use of at least one of the following bycatch mitigation measures: / (i) alternative or new gear types and gear modifications; / (ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles; / (iii) effective static net gears’ marking allowing their detection by sea turtles such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net; / (iv) modifications in fishing behaviour and strategy (for example reduced soaking time); / (b) require their purse seine vessels to avoid encircling sea turtles to the extent practicable, release encircled or entangled sea turtles, including on FADs, where feasible, and ensure that FADs deployed constr…

RemovedLinguistic clarification

Added(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32017R2107)

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 26, Article 44a – title: Article 44a

Change 32

RemovedLinguistic clarification

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 26, Article 44a – paragraph 1: In addition to provisions of Article 9 of the Council Regulation (EC) No 1224/2009 of 20 November 20095 , Member States shall ensure that tracking devices of fishing vessels flying their flag are permanently and continuously operational and that vessel position data is collected and transmitted to the competent authorities of the Member State at least once every hour for purse seine and at least once every two hours for all other vessels.

Change 33

RemovedRecommendation 18-10 contains additional rules that should also be transposed to this Regulation

Regulation (EU) 2017/2107

Article 1 – paragraph 1 – point 26, Article 44a – paragraph 1 a (new): In the event of technical failure or non-operation of the tracking device fitted on board a Union fishing vessel, the device shall be repaired or replaced as soon as possible or at least within one month from the time of the event, unless the vessel is no longer operating in the ICCAT Convention area. Union fishing vessels shall not start a fishing trip without the tracking device having been repaired or replaced.

Change 34

RemovedRecommendation 18-10 contains additional rules that should also be transposed to this Regulation

AddedRegulation (EU) 2017/2107