Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001
Modified by
  • Council Regulation (EC) No 1559/2007of 17 December 2007establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean and amending Regulation (EC) No 520/2007, 32007R1559, December 22, 2007
  • Regulation (EU) 2017/2107 of the European Parliament and of the Councilof 15 November 2017laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007, 32017R2107, November 30, 2017
  • Regulation (EU) 2021/56 of the European Parliament and of the Councilof 20 January 2021laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007, 32021R0056, January 26, 2021
  • Regulation (EU) 2022/2056 of the European Parliament and of the Councilof 19 October 2022laying down conservation and management measures applicable in the Western and Central Pacific Fisheries Convention Area and amending Council Regulation (EC) No 520/2007, 32022R2056, October 26, 2022
  • Regulation (EU) 2022/2343 of the European Parliament and of the Councilof 23 November 2022laying down management, conservation and control measures applicable in the Indian Ocean Tuna Commission (IOTC) Area of Competence, amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007, 32022R2343, December 2, 2022
Council Regulation (EC) No 520/2007of 7 May 2007laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 TITLE IINTRODUCTORY PROVISIONS
Article 1ObjectThis Regulation lays down technical conservation measures applicable to the capture and landing of certain stocks of highly migratory species as referred to in Annex I and to the capture of by-catches.
Article 2ScopeWithout prejudice to Article 9, this Regulation shall apply to vessels flying the flag of a Member State and registered in the Community, hereinafter "Community fishing vessels".
Article 3DefinitionsFor the purposes of this Regulation:1."Highly migratory species" means the species listed in Annex I.2."Tunas and related species covered by ICCAT" means the species listed in Annex II.3."Dolphin mortality limit" means the limit defined in Article V of the Agreement on the International Dolphin Conservation ProgrammeOJ L 348, 30.12.2005, p. 28..4."Leisure fisheries" means fishing activities exploiting living aquatic resources for recreation or sport.5."Encircling nets" means nets which catch fish by surrounding them both from the sides and from below; they may or may not be equipped with a purse line.6."Purse seines" 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 groundrope, enabling the net to be pursed and closed. Purse seines may be used to catch small pelagic species, large pelagic species or demersal species.7."Longlines" means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on the target species. It may be deployed either vertically or horizontally to the sea surface; it may be set either at or near the bottom (bottom-set longline) or drifting in midwater or near the surface (surface longline).8."Hook" means a bent, sharpened piece of steel wire usually with barb. The point of a hook may be either straight or even reversed and curved. The shank can be of varying length and form and its cross section can be round (regular) or flattened (forged). The total length of a hook shall be measured as the maximum overall length of the shank from the tip of the hook which serves for fastening the line and is usually shaped as an eye, to the apex of the bend. The width of a hook shall be measured as the greatest horizontal distance from the external part of the shank to the external part of the barb.9."Fish-aggregating devices (FADs)" means any equipment floating on the sea surface and with the objective of attracting fish.10."Pole and line tuna vessel" means vessels equiped for catching tuna by pole and line.
Article 4AreasFor the purposes of this Regulation, the following definitions of maritime waters shall apply:1.Area 1all waters of the Atlantic Ocean and adjacent seas included in the ICCAT Convention area as specified in Article 1 of that Convention;2.Area 2all waters of the Indian Ocean covered by the Agreement for the establishment of the IOTC as defined in Article 2 thereof.3.Area 3all waters of the Eastern Pacific Ocean as defined in Article 3 of the Agreement on the International Dolphin Conservation Programme;4.Area 4all waters of the Eastern and Central Pacific Ocean as defined in Article 3 of the WCPFC Convention.
TITLE IITECHNICAL MEASURES APPLICABLE IN AREA 1CHAPTER 1Restrictions on the use of certain types of vessels and gears
Article 5Protection of bigeye tuna in certain tropical waters1.Fishing by purse seiners and pole-and-line tuna vessels shall be prohibited during the period 1 to 30 November in the following area:southern limit: latitude 0° S,northern limit: latitude 5° N,western limit: longitude 20° W,eastern limit: longitude 10° W.2.Member States shall send the Commission each year by 15 August at the latest a report on the implementation of this measure, including where applicable a list of breaches committed by Community fishing vessels flying their flag and being pursued by their competent authorities.
Article 6Bluefin tuna fishing in the Mediterranean1.Fishing for bluefin tuna with purse seine in the Mediterranean Sea shall be prohibited from 16 July to 15 August.2.Fishing for bluefin tuna in the Mediterranean using surface-set longlines from vessels greater than 24 metres in length shall be prohibited during the period from 1 June to 31 July. The length of the vessels shall be defined in accordance with Annex III.3.The use of aeroplanes or helicopters in support of fishing operations for bluefin tuna in the Mediterranean Sea shall be prohibited during the period from 1 to 30 June.4.The definition of the periods and areas referred to in this Article and the length of vessels given in Annex III may be amended by the Commission pursuant to ICCAT recommendations which are binding on the Community in accordance with the procedure referred to in Article 30.
Article 7Fishing for skipjack, bigeye and yellowfin tuna in certain Portuguese watersIt shall be prohibited to retain on board any quantity of skipjack, bigeye or yellowfin tuna caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES subarea X north of 36°30′ N or in CECAF areas north of 31° N and east of 17°30′ W, or to fish for those species in the said areas with the said gears.
CHAPTER 2Minimum size
Article 8Sizes1.A species shall be considered undersized if its dimensions are smaller than the minimum dimensions specified in Annex IV for the relevant species.2.The dimensions set out in Annex IV may be modified pursuant to ICCAT recommendations which are binding on the Community and in accordance with the procedure referred to in Article 30.
Article 9Prohibitions1.Undersized fish of the species listed in Annex IV which are captured in Area 1 shall not be retained on board or transshipped, landed, transported, stored, displayed or offered for sale, sold or marketed. These species shall be returned immediately to the sea.2.The release for free circulation or marketing in the Community of undersized fish of the species listed in Annex IV originating in third countries and captured in Area 1 shall be prohibited.
Article 10Measurement of size1.All species with the exception of istiophoridae shall be measured fork length, that is to say the vertical distance drawn from the tip of the upper jaw to the extremity of the shortest caudal ray.2.The size of istiophoridae shall be measured from the tip of the lower jaw to the fork of the caudal fin.
Article 11Sampling procedure for bluefin tuna cages1.Each Member State shall establish a sampling procedure for estimating the number by size of bluefin tuna captured.2.Sampling by size in cages shall be carried out on a sample of 100 specimens per 100 tonnes of live fish or on a sample of 10 % of the total number of fish placed in a cage. The size sample shall be taken during harvesting at the farm, in accordance with the method adopted by the ICCAT for notifying data as part of Task II.3.Additional methods and samplings shall be developed for fish reared for more than one year.4.Sampling shall be carried out during a harvest taken at random and shall cover all cages. The data shall be notified to the ICCAT by 31 July for sampling carried out the previous calendar year.
CHAPTER 3Restrictions on the number of vessels
Article 12North Atlantic bigeye and albacore tuna1.The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number and total capacity in gross tonnage (GT) of Community fishing vessels greater than 24 metres in length fishing in Area 1 for bigeye tuna as a target species. These shall be determined:(a)as the average number and the capacity in GT of Community fishing vessels fishing in Area 1 for bigeye tuna as a target species during the period 1991 to 1992; and(b)on the basis of the restriction on the number of Community vessels fishing for bigeye tuna in 2005 notified to ICCAT on 30 June 2005.2.The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community fishing vessels fishing for North Atlantic albacore tuna as a target species. The number of vessels shall be fixed as the average number of Community fishing vessels fishing for North Atlantic albacore tuna as a target species during the period 1993 to 1995.3.The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall distribute among the Member States:(a)the number and capacity in GT determined in accordance with paragraph 1;(b)the number of vessels determined in accordance with paragraph 2.4.Before 15 May each year each Member State shall send the Commission by the customary means of data transmission:(a)a list of vessels flying its flag and greater than 24 metres in length fishing for bigeye tuna;(b)a list of vessels flying its flag and participating in a fishery targeting albacore tuna in the North Atlantic.The Commission shall send this information to the ICCAT Secretariat before 31 May each year.5.The lists referred to in paragraph 4 shall give the internal fishing fleet register number assigned to the vessel in accordance with Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet registerOJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26). and the type of gear used.
CHAPTER 4Species not targeted and sport and recreational fishing
Article 13MarlinsMember States shall encourage the use of monofilament streamer lines on swivels so that live blue marlins and white marlins may be easily released.
Article 14Sharks1.Member States shall encourage the release of live sharks captured accidentally, in particular juveniles.2.Member States shall encourage the reduction of discards of sharks by improving the selectivity of fishing gears.
Article 15Sea turtlesMember States shall encourage the release of live sea turtles captured accidentally.
Article 16Sport and recreational fishing in the Mediterranean1.Member States shall take the measures necessary to prohibit the use in the Mediterranean for sport and recreational fishing activities of towed nets, encircling nets, purse seines, dredges, gill nets, trammel nets and longlines to fish for tuna and related species.2.Member States shall ensure that tuna and related species captured during sport and recreational fishing in the Mediterranean are not marketed.
Article 17ReportMember States shall send the Commission not later than 15 August each year a report on the implementation of this Chapter.
TITLE IIITECHNICAL MEASURES APPLICABLE IN AREA 2CHAPTER 1Restrictions on the number of vessels
Article 18Number of authorised vessels1.The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community fishing vessels greater than 24 metres in length overall authorised to fish in Area 2. The number of vessels is set at the number of Community fishing vessels registered in the IOTC vessels register in 2003. The restriction on the number of vessels must correspond to the overall gross tonnage (GT). Where vessels are replaced the overall tonnage must not be exceeded.2.The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall distribute among the Member States the number of vessels determined in accordance with paragraph 1 of this Article.
CHAPTER 2Species not targeted
Article 19Sharks1.Member States shall do their utmost to encourage the release of live sharks caught accidentally, in particular juveniles.2.Member States shall encourage the reduction of discards of sharks.
Article 20Sea turtles1.Member States shall do their utmost to reduce the impact of fishing on sea turtles, in particular by applying the measures provided for in paragraphs 2, 3 and 4.2.The use of all fishing gear shall be subject to the following conditions:(a)appropriate handling, including the recovery or prompt release of sea turtles caught accidentally (by hooks or nets) or as by-catch;(b)the presence on board of equipment necessary for the release of sea turtles caught accidentally or as by-catch.3.The use of the purse seine shall be subject to the following conditions:(a)an obligation to avoid, where possible, encircling sea turtles;(b)the development and application of specifications for appropriate gear for minimising by-catches of sea turtles;(c)the adoption of all the measures necessary for releasing encircled or caught sea turtles;(d)the adoption of all the measures necessary for monitoring fish-aggregating devices in which sea turtles could be caught, to release those taken and recover devices that are not used.4.The use of longlines shall be subject to the following conditions:(a)the development and putting in place of combinations of hook shapes, type of lures, depth and design of nets and fishing practices to minimise accidental catches or by-catches and mortality of sea turtles;(b)the presence on board of equipment necessary for releasing sea turtles caught accidentally or as by-catch. including tools for unhooking them or cutting the lines and landing nets.
TITLE IVTECHNICAL MEASURES APPLICABLE IN AREA 3
Article 21Transhipment1.The use of ancillary vessels to support vessels fishing with the aid of fish-aggregating devices shall be prohibited.2.Transhipments at sea by seiners shall be prohibited.
Article 22Restrictions on the number of vessels1.The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community seiners authorised to fish in Area 3. The number of vessels shall be set at the number of Community seiners registered in the IATTC register on 28 June 2002.2.Member States shall forward to the Commission, before 10 December each year, a list of the vessels flying their flag and intending to fish for tuna in Area 3. Vessels which are not included in that list shall be regarded as inactive and shall not be authorised to fish during the current year.3.The lists shall mention the internal fishing fleet register number assigned to the vessel in accordance with Annex I to Regulation (EC) No 26/2004 and the type of gear used.
Article 23Protection of dolphinsOnly Community fishing vessels operating under the conditions laid down in the Agreement on the International Dolphin Conservation Programme which have been allocated a Dolphin Mortality Limit (DML) shall be authorised to encircle schools or groups of dolphins with purse seines when fishing for yellowfin tuna in Area 3.
Article 24Requests for DMLsMember States shall send the Commission before 15 September each year:(a)a list of vessels flying their flag with a load capacity greater than 363 metric tonnes (400 net tonnes) which have applied for a DML for the whole of the following year;(b)a list of vessels flying their flag with a load capacity greater than 363 metric tonnes (400 net tonnes) which have applied for a DML for the first or second half of the following year;(c)for each vessel requesting a DML, a certificate stating that the vessel has all the proper gears and equipment to protect dolphins and that its captain has completed an approved training course on rescuing and releasing dolphins;(d)a list of vessels flying their flag which are likely to operate in the area in the course of the following year.
Article 25Allocation of DMLs1.Member States shall ensure that applications for DMLs comply with the conditions laid down in the Agreement on the International Dolphin Conservation Programme and the conservation measures adopted by the IATTC.2.The Commission shall examine the lists and ensure that they comply with the provisions of the Agreement on the International Dolphin Conservation Program and the conservation measures adopted by the IATTC and shall send them to the Director of the IATTC. Where this examination reveals that the application does not meet the conditions referred to in this paragraph, the Commission shall immediately inform the Member State concerned that it cannot send all or part of an application to the Director of the IATTC, stating its reasons.3.The Commission shall communicate to each Member State the overall DML to be distributed among the vessels flying their flag.4.Each Member State shall send the Commission the breakdown of the DMLs among the vessels flying the flag of that Member State by 15 January each year.5.The Commission shall send the Director of the IATTC the list and breakdown of the DMLs between Community fishing vessels by 1 February each year.
Article 26Protection of other species not targeted1.Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, skipjack tuna, billfishes, rays, dorado, and other non-target species.2.Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals.
Article 27Sea turtles1.Whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat.2.If a sea turtle is entangled in the net, net roll shall stop as soon as the turtle comes out of the water and shall not start again until the turtle has been disentangled and released.3.If a sea turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle shall be made before returning it to the water.4.Tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea.5.Where possible sea turtles caught in fish-aggregating devices and other fishing gear shall be released.6.Fish-aggregating devices which are not used for fishing shall be recovered.
TITLE VTECHNICAL MEASURES APPLICABLE IN AREA 4
Article 28Waste reductionMember States shall take measures to reduce to the minimum waste, discards, catches taken by lost or abandoned gear, pollution from fishing vessels, catches of fish and animals of species not targeted and repercussions for related or dependent species, in particular species threatened with extinction.
TITLE VIGENERAL PROVISIONS
Article 29Marine mammals1.The encircling with purse seines of any school or group of marine mammals shall be prohibited.2.Paragraph 1 shall apply to all Community fishing vessels with the exception of the vessels referred to in Article 23.
TITLE VIIFINAL PROVISIONS
Article 30ComitologyThe measures to be taken under Articles 6(4) and 8(2) shall be adopted in accordance with the procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002.
Article 31RepealRegulation (EC) No 973/2001 is hereby repealed.
Article 32Entry into forceThis Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IList of highly migratory speciesAlbacore: Thunnus alalungaBluefin tuna: Thunnus thynnusBigeye tuna: Thunnus obesusSkipjack tuna: Katsuwonus pelamisAtlantic bonito: Sarda sardaYellowfin tuna: Thunnus albacaresBlackfin tuna: Thunnus atlanticusLittle tuna: Euthynnus spp.Southern bluefin tuna: Thunnus maccoyiiFrigate tuna: Auxis spp.Oceanic sea breams: BramidaeMarlins: Tetrapturus spp.; Makaira spp.Sailfish: Istiophorus spp.Swordfish: Xiphias gladiusSauries: Scomberesox spp.; Cololabis spp.Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselisSharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae Rhincodon typus; Carcharhinide; Sphyrnidae; Isuridae; LamnidaeCetaceans (whales and porpoises): Physeteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae; DelphinidaeANNEX IIICCAT list of tunas and related speciesBluefin tuna: Thunnus thynnusSouthern bluefin tuna: Thunnus maccoyiiYellowfin tuna: Thunnus albacaresAlbacore tuna: Thunnus alalungaBigeye tuna: Thunnus obesusBlackfin tuna: Thunnus atlanticusLittle tuna: Euthynnus alletteratusSkipjack: Katsuwonus pelamisAtlantic bonito: Sarda sardaFrigate tuna: Auxis thazardFrigate tuna: Auxis rocheiPalomette: Orcynopsis unicolorWahoo: Acanthocybium solandriChub mackerel: Scomberomorus maculatusKing mackerel: Scomberomourus cavallaWest African Spanish mackerel: Scomberomorus tritorSerra Spanish mackerel: Scomberomorus brasilliensisCero: Scomberomorus regalisSailfish: Istiophorus albicansBlack marlin: Makaira indicaBlue marlin: Makaira nigricansWhite marlin: Tetrapturus albidusSwordfish: Xiphias gladiusLong-bill spearfish: Tetrapturus pfluegeriANNEX IIILength of vessels (Article 6(2))ICCAT definition of the length of vessels:for any fishing vessel built after 18 July 1982, 96 % of the total length on a waterline at 85 % of the least moulded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if this be greater. In ships designed with a rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline,for any fishing vessel built before 18 July 1982, registered length as entered in the national registers or other record of vessels.ANNEX IV
MINIMUM SIZES(Article 8(1))this minimum size is applicable only in the Eastern Atlantic Oceanthis minimum size is applicable only in the Mediterranean Seathis minimum size is applicable only in the Atlantic Ocean
SpeciesMinimum size
Bluefin tuna (Thunnus thynnus)6,4 kg or 70 cm
Bluefin tuna (Thunnus thynnus)10 kg or 80 cm
Swordfish (Xiphias gladius)25 kg or 125 cm (lower mandible)