Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009
Modified by
- Regulation (EU) 2019/833 of the European Parliament and of the Councilof 20 May 2019laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007, 32019R0833, May 28, 2019
(1) "recovery plan" means the multiannual recovery plan for bluefin tuna, which applies from 2007 to 2022 and was recommended by ICCAT; (2) "fishing vessel" means any powered vessel used or intended for use for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, processing vessels, support vessels, towing vessels, vessels engaged in transhipment and transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels; (3) "catching vessel" means a vessel used for the purposes of the commercial capture of bluefin tuna resources; (4) "processing vessel" means a vessel on board of which fisheries products are subject to one or more of the following operations, prior to their packaging: filleting or slicing, freezing and/or processing; (5) "auxiliary vessel" means any vessel used to transport dead bluefin tuna (not processed) from a transport/farming cage, a purse seine net or a trap to a designated port and/or to a processing vessel; (6) "towing vessel" means any vessel used for towing cages; (7) "support vessel" means any other fishing vessel referred to under point (2); (8) "fishing actively" means, for any catching vessel and trap, the fact that it targets bluefin tuna during a given fishing season; (9) "joint fishing operation" means any operation between two or more purse seiners where the catch of one purse seiner is attributed to one or more other purse seiners in accordance with an allocation key; (10) "transfer operations" means: (i) any transfer of live bluefin tuna from the catching vessel's net to the transport cage; (ii) any transfer of live bluefin tuna from the transport cage to another transport cage; (iii) any transfer of the cage with bluefin tuna from a towing vessel to another towing vessel; (iv) any transfer of live bluefin tuna from one farm to another; (v) any transfer of live bluefin tuna from the trap to the transport cage;
(11) "control transfer" means any additional transfer being implemented at the request of the fishing/farming operators or the control authorities for the purpose of verifying the number of fish being transferred; (12) "trap" means fixed gear anchored to the bottom, usually containing a guide net that leads bluefin tuna into an enclosure or series of enclosures where it is kept prior to harvesting; (13) "caging" means the transfer of live bluefin tuna from the transport cage or trap to the farming cages; (14) "farming" means caging of bluefin tuna in farms and subsequent feeding aiming to fatten and increase their total biomass; (15) "farm" means an installation used for the farming of bluefin tuna caught by traps and/or purse seiners; (16) "harvesting" means the killing of bluefin tuna in farms or traps; (17) "transhipment" means the unloading of all or any of the fish on board a fishing vessel to another fishing vessel. Unloading of dead bluefin tuna from the purse seiner net or the towing vessel to an auxiliary vessel shall not be considered as a transhipment; (18) "sport fishery" means non-commercial fisheries whose members adhere to a national sport organisation or are issued with a national sport licence; (19) "recreational fishery" means non-commercial fisheries whose members do not adhere to a national sport organisation and are not issued with a national sport licence; (20) "stereoscopic camera" means a camera with two or more lenses, with a separate image sensor or film frame for each lens, enabling the taking of three-dimensional images; (21) "control camera" means a stereoscopic camera and/or conventional video camera for the purpose of the controls provided for in this Regulation; (22) "BCD" or "electronic BCD" means a bluefin catch document for bluefin tuna. As appropriate, the reference to BCD shall be replaced by eBCD; (23) "responsible Member State" or "Member State responsible" means the flag Member State or the Member State in whose jurisdiction the trap or farm is located or, if the farm or trap is located on the high seas, the Member State where the trap or farm operator is established; (24) "Task II" means Task II as defined by ICCAT in the "Field manual for statistics and sampling Atlantic tunas and tuna-like fish" (third edition, ICCAT, 1990); (25) "CPC" means Contracting Parties to the Convention and cooperating non-contracting parties, entities or fishing entities; (26) "Convention area" means the geographical area covered by ICCAT measures as set out in Article 1 of the Convention; (27) "large-scale pelagic longline vessel" means a pelagic longline vessel greater than 24 metres in length overall; (28) "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 ground rope, enabling the net to be pursed and closed.
(a) an annual fishing plan for the catching vessels and traps fishing bluefin tuna in the eastern Atlantic and the Mediterranean; (b) an annual fishing capacity management plan ensuring that the Member State's fishing capacity is commensurate with its allocated quota.
(a) for catching vessels over 24 metres included in the vessel list referred to in point (a) of Article 20(1) — the individual quota allocated to them and the measures in place to ensure compliance with the individual quotas and by-catch allowances; (b) for catching vessels less than 24 metres and for traps — at least the quota allocated to producer organisations or groups of vessels fishing with a similar gear type.
(a) bluefin tuna caught in the eastern Atlantic by baitboats and trolling boats; (b) bluefin tuna caught in the Adriatic Sea for farming purposes; (c) bluefin tuna caught in the Mediterranean Sea by the coastal and artisanal fishery for fresh fish by baitboats, longliners and handliners.
(a) a list of all catching vessels flying its flag authorised to fish actively for bluefin tuna in the eastern Atlantic and the Mediterranean by the issuing of a fishing authorisation; (b) a list of all other fishing vessels, other than catching vessels, flying its flag authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.
(a) full details of the fishing vessel(s) intended to replace a vessel included in the lists referred to in paragraph 1; and (b) a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
(a) the duration; (b) the identity of the operators involved; (c) the individual vessels' quotas; (d) the allocation key between the fishing vessels for the catches involved; and (e) information on the farms of destination.
(a) the name and ICCAT number of each catching vessel; (b) the period of authorisation(s) for each catching vessel; (c) the total catches of each catching vessel including when the catch was zero throughout the period of authorisation(s); (d) the total number of days each catching vessel fished in the eastern Atlantic and the Mediterranean throughout the period of authorisation(s); and (e) the total catch of each catching vessel outside the period of authorisation (by-catch), including when the catch was zero.
(a) the name and ICCAT number or national registry number of the vessel, if not registered with ICCAT; and (b) the total catches of bluefin tuna.
(a) estimated time of arrival; (b) estimated quantity of bluefin tuna retained on board; and (c) information on the geographical area where the catches were taken.
(a) estimated date and time of arrival, and port of arrival; (b) estimated quantity of bluefin tuna retained on board, and information on the geographical area where it was taken; (c) the name of the transhipping fishing vessel and its number in the ICCAT record of catching vessels authorised to fish actively for bluefin tuna or in the ICCAT record of other fishing vessels authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean; (d) the name of the receiving fishing vessel, its number in the ICCAT record of catching vessels authorised to fish actively for bluefin tuna or in the ICCAT record of other fishing vessels authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean; and (e) the tonnage and the geographical area of the catch of bluefin tuna to be transhipped.
(a) the quantities of bluefin tuna to be transhipped; (b) the date and port of the transhipment; (c) the name, registration number and flag of the receiving fishing vessel and its number in the ICCAT record of catching vessels authorised to fish actively for bluefin tuna or in the ICCAT record of other fishing vessels authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean; and (d) the geographical area of the catch of bluefin tuna.
(a) inspect the receiving fishing vessel on arrival and check the cargo and documentation related to the transhipment operation; (b) send a record of the transhipment to the flag State authority of the transhipping fishing vessel, within five days after the transhipment has ended.
(a) the name of the catching vessel, towing vessel, farm or trap and the ICCAT register number; (b) the estimated time of transfer; (c) the estimate of the quantity of bluefin tuna to be transferred; (d) information on the position (latitude/longitude) where the transfer will take place as well as the identifiable cage numbers; (e) the name of the receiving towing vessel, the number of cages towed and, where appropriate, the ICCAT register number; (f) the port, farm or cage of destination of the bluefin tuna.
(a) the catching vessel or the trap that is declared to have caught the fish does not have sufficient quota; (b) the quantity of fish has not been duly reported by the catching vessel or the trap operator or has not been authorised to be caged, or has not been taken into account for the consumption of the quota that may be applicable; (c) the catching vessel or trap that is declared to have caught the fish is not authorised to fish for bluefin tuna; or (d) the towing vessel declared to be the one to receive the transfer of fish is not registered in the ICCAT record of all other fishing vessels (catching vessels excluded) authorised to operate for bluefin tuna, as referred to in point (b) of Article 20(1), or is not equipped with a VMS.
(a) the Member State responsible for the catching vessel or trap shall issue a release order to the master of the catching vessel or to the operator of the trap or farm as appropriate and inform them that the transfer is not authorised and that the fish have to be released into the sea; (b) the master of the catching vessel, the farm operator or the trap operator, as appropriate, shall release the fish; (c) the release of bluefin tuna shall be carried out in accordance with the procedures set out in Annex XI.
(a) the Member State or CPC responsible for the catching vessel or trap; or (b) the Member State or CPC responsible for the farm if it has been agreed among the Member States involved or with the flag CPC involved.
(a) the catching vessel or trap that is declared to have caught the fish did not have sufficient quota for the bluefin tuna that were put into the cage; (b) the quantity of fish has not been duly reported by the catching vessel or trap or has not been taken into account for the calculation of the quota applicable; or (c) the catching vessel or trap that is declared to have caught the fish is not authorised to fish for bluefin tuna.
(a) determine the final catch figures to be deducted from the national quota; (b) fill in those figures in the caging declarations and relevant sections of the BCD.
(a) VMS messages from the fishing vessels flying their flag are forwarded to the Commission at least every two hours; (b) in the event of technical malfunction of the VMS, alternative messages from the fishing vessels flying their flag received under Article 25(1) of Implementing Regulation (EU) No 404/2011 are forwarded to the Commission within 24 hours of receipt by their fisheries monitoring centres; (c) messages forwarded to the Commission are sequentially numbered (with a unique identifier) in order to avoid duplication; (d) messages forwarded to the Commission are in accordance with Article 24(3) of Implementing Regulation (EU) No 404/2011.
(a) 20 % of its pelagic trawlers (over 15 metres); (b) 20 % of its long line vessels (over 15 metres); (c) 20 % of its bait boats (over 15 metres); (d) 100 % of towing vessels; (e) 100 % of harvesting operations from traps.
(a) monitor compliance by fishing vessels and traps with this Regulation; (b) record, and report upon, the fishing activity which shall include the following: (i) amount of catch (including by-catch) that also includes species disposition, such as retained on board or discarded dead or alive; (ii) area of catch by latitude and longitude; (iii) measure of effort (such as the number of sets, number of hooks), as defined in the ICCAT Field Manual for different gears; (iv) date of catch;
(c) observe and estimate catches and verify entries made in the logbook; (d) sight and record vessels which may be fishing contrary to ICCAT conservation and management measures.
(a) representative temporal and spatial presence of national observers on its vessels and traps to ensure that the Commission receives adequate and appropriate data and information on catch, effort and other scientific and management aspects, taking into account characteristics of the fleets and fisheries; (b) robust data collection protocols; (c) that national observers are properly trained and approved before deployment; (d) to the extent possible, minimal disruption to the operations of fishing vessels and traps fishing in the Convention Area.
(a) on all purse seiners authorised to fish bluefin tuna; (b) during all transfers of bluefin tuna from purse seiners; (c) during all transfers of bluefin tuna from traps to transport cages; (d) during all transfers from one farm to another; (e) during all caging operations of bluefin tuna in farms; (f) during all harvesting of bluefin tuna from farms.
(a) observe and monitor that fishing and farming operations are in compliance with the relevant ICCAT conservation and management measures; (b) sign the ICCAT transfer declarations referred to in Article 38, caging reports referred to in Article 47 and BCDs when they agree that the information contained therein is consistent with their observations; (c) carry out scientific work, such as collecting samples, as required by ICCAT, based on the instructions from the SCRS.
(a) the objectives, priorities, and procedures as well as benchmarks for inspection activities set up in the Specific control and inspection programme for bluefin tuna in the eastern Atlantic and the Mediterranean established under Article 95 of Regulation (EC) No 1224/2009; (b) the National control action programme for bluefin tuna in the eastern Atlantic and the Mediterranean established under Article 46 of Regulation (EC) No 1224/2009.
(a) failed in its reporting requirement referred to in Articles 25 and 26; or (b) committed an infringement of the provisions of this Regulation, Articles 89 to 93 of Regulation (EC) No 1224/2009 or Chapter IX of Regulation (EC) No 1005/2008.
(a) the bluefin tuna was caught by fishing vessels or traps whose flag State does not have a quota, catch limit or allocation of fishing effort for bluefin tuna in the eastern Atlantic and the Mediterranean, under the terms of ICCAT conservation and management measures; or (b) the bluefin tuna was caught by a fishing vessel or a trap whose individual quota or whose state's fishing opportunities were exhausted at the time of the catch.
(a) tail tags are affixed on each bluefin tuna immediately upon offloading; (b) each tail tag has a unique identification number which is included in bluefin tuna statistical documents and written on the outside of any package containing tuna.
1. The logbook shall be numbered by sheet. 2. The logbook shall be completed every day (midnight) or before port arrival. 3. The logbook shall be completed in case of at-sea inspections. 4. One copy of the sheets shall remain attached to the logbook. 5. Logbooks shall be kept on board to cover a period of one year of operation.
1. Master's name and address. 2. Dates and ports of departure, dates and ports of arrival. 3. Vessel's name, register number, ICCAT number, international radio call sign and IMO number (if available). 4. Fishing gear: (a) type FAO code; (b) dimension (e.g. length, mesh size, number of hooks).
5. Operations at sea with one line (minimum) per day of trip, providing: (a) activity (e.g. fishing, steaming); (b) position: exact daily positions (in degree and minutes), recorded for each fishing operation or at midday when no fishing has been conducted during that day; (c) record of catches, including: (1) FAO code; (2) round (RWT) weight in kg per day; (3) number of pieces per day.
For purse seiners that should be recorded by fishing operation, including nil return. 6. Master's signature. 7. Means of weight measure: estimation, weighing on board. 8. The logbook shall be kept in equivalent live weight of fish and shall mention the conversion factors used in the evaluation.
1. Dates and port of landing/transhipment. 2. Products: (a) species and presentation by FAO code; (b) number of fish or boxes and quantity in kg.
3. Signature of the master or vessel agent. 4. In case of transhipment: receiving vessel name, its flag and ICCAT number.
1. Date, time and position (latitude/longitude) of transfer. 2. Products: (a) species identification by FAO code; (b) number of fish and quantity in kg transferred into cages.
3. Name of towing vessel, its flag and ICCAT number. 4. Name of the farm of destination and its ICCAT number. 5. In the case of a JFO, in addition to the information laid down in points 1 to 4, the masters shall record in their logbook: (a) as regards the catching vessel transferring the fish into cages: amount of catches taken on board, amount of catches counted against its individual quota, the names of the other vessels involved in the JFO;
(b) as regards the other catching vessels of the same JFO not involved in the transfer of the fish: the name of those vessels, their international radio call signs and ICCAT numbers, that no catches have been taken on board or transferred into cages, amount of catches counted against their individual quotas, the name and the ICCAT number of the catching vessel referred to in point (a).
| Catch report form | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Flag | ICCAT Number | Vessel name | Report start date | Report end date | Report duration (d) | Catch date | Location of the catch | Catch | Attributed weight in case of a joint fishing operation (kg) | |||
| Latitude | Longitude | Weight (kg) | Number of pieces | Average weight (kg) | ||||||||
| Joint fishing operation | ||||||||
|---|---|---|---|---|---|---|---|---|
| Flag State | Vessel name | ICCAT No | Duration of the operation | Identity of the operators | Vessel's individual quota | Allocation key per vessel | Fattening and farming farm destination | |
| CPC | ICCAT No | |||||||
(a) sufficient experience to identify species and fishing gear; (b) satisfactory knowledge of the ICCAT conservation and management measures assessed by a certificate provided by the Member States and based on ICCAT training guidelines; (c) the ability to observe and record accurately; (d) a satisfactory knowledge of the language of the flag of the vessel or farm observed.
(a) have completed the technical training required by the guidelines established by ICCAT; (b) be nationals of one of the Member States and, to the extent possible, not of the farm or trap state or the flag State of the purse seiner. If, however, bluefin tuna is harvested from the cage and traded as fresh products, the ICCAT regional observer that observes the harvest may be a national of the Member State responsible for the farm; (c) be capable of performing the tasks set out in point 3; (d) be included in the list of ICCAT regional observers maintained by ICCAT; (e) not have current financial or beneficial interests in the bluefin tuna fishery.
(a) as regards observers on purse seine vessels, to monitor the purse seine vessels' compliance with the relevant conservation and management measures adopted by ICCAT. In particular, the regional observer shall: (1) in cases where the ICCAT regional observer observes what may constitute non-compliance with ICCAT recommendations, he/she shall submit that information without delay to the ICCAT regional observer implementing company who shall forward it without delay to the flag State authorities of the catching vessel; (2) record and report upon the fishing activities carried out; (3) observe and estimate catches and verify entries made in the logbook; (4) issue a daily report of the purse seine vessels' transfer activities; (5) sight and record vessels which may be fishing in contravention of ICCAT conservation and management measures; (6) record and report upon the transfer activities carried out; (7) verify the position of the vessel when engaged in transfer; (8) observe and estimate products transferred, including through the review of video recordings; (9) verify and record the name of the fishing vessel concerned and its ICCAT number; (10) carry out scientific work such as collecting Task II data when required by the ICCAT Commission, based on the directives from the SCRS;
(b) as regards ICCAT regional observers in farms and traps, to monitor their compliance with the relevant conservation and management measures adopted by ICCAT. In particular, the ICCAT regional observer shall: (1) verify the data contained in the transfer declaration and caging declaration and BCD, including through the review of video records; (2) certify the data contained in the transfer declaration and caging declaration and BCDs; (3) issue a daily report of the farms' and traps' transfer activities; (4) countersign the transfer declaration and caging declaration and BCDs only when he/she agrees that the information contained within them is consistent with his/her observations including a compliant video record as per the requirements referred to in Article 35(1) and Article 44(1); (5) carry out such scientific work, for example collecting samples, as required by the Commission, based on the directives from the SCRS; (6) register and verify the presence of any type of tag, including natural marks, and notify any sign of recent tag removals;
(c) establish general reports compiling the information collected in accordance with this point and provide the master and farm operator with the opportunity to include therein any relevant information; (d) submit to the Secretariat the general report referred to in point (c) within 20 days from the end of the period of observation; (e) exercise any other functions as defined by the ICCAT Commission.
(a) allowed access to the vessel, farm and trap personnel and to the gear, cages and equipment; (b) allowed access, upon request, to the following equipment, if present on the vessels to which they are assigned, in order to facilitate the carrying out of their duties set out in point 3 of this Annex: (1) satellite navigation equipment, (2) radar display viewing screens when in use, (3) electronic means of communication;
(c) provided with accommodation, including lodging, food and adequate sanitary facilities, equal to those of officers; (d) provided with adequate space on the bridge or pilot house for clerical work, as well as space on deck adequate for carrying out observer duties.
(a) fishing without a licence, permit or authorisation issued by the flag CPC; (b) failure to maintain sufficient records of catch and catch-related data in accordance with the ICCAT Commission's reporting requirements or significant misreporting of such catch and/or catch-related data; (c) fishing in a closed area; (d) fishing during a closed season; (e) intentional taking or retention of species in contravention of any applicable conservation and management measure adopted by ICCAT; (f) significant violation of catch limits or quotas in force pursuant to ICCAT rules; (g) using prohibited fishing gear; (h) falsifying or intentionally concealing the markings, identity or registration of a fishing vessel; (i) concealing, tampering with or disposing of evidence relating to the investigation of a violation; (j) multiple violations which, taken together, constitute a serious disregard of measures in force pursuant to ICCAT; (k) assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorised inspector or observer; (l) intentionally tampering with or disabling the VMS; (m) such other violations as may be determined by the ICCAT, once those are included and circulated in a revised version of those procedures; (n) fishing with the assistance of spotter planes; (o) interference with the satellite monitoring system and/or operation of a vessel without the VMS; (p) transfer activity without transfer declaration; (q) transhipment at sea.
(a) Contracting Parties shall inform the ICCAT Commission by 15 February each year of their provisional plans for conducting inspection activities under this Regulation in that calendar year and the ICCAT Commission may make suggestions to Contracting Parties for the coordination of national operations in this field, including the number of inspectors and ships carrying inspectors. (b) The arrangements set out in this Regulation and the plans for participation shall apply between Contracting Parties unless otherwise agreed between them, and such agreement shall be notified to the ICCAT Commission. However, the implementation of the scheme shall be suspended between any two Contracting Parties if either of them has notified the ICCAT Commission to that effect, pending completion of such an agreement.
(a) The fishing gear shall be inspected in accordance with the regulations in force for the subarea in which the inspection takes place. The inspector shall state the subarea for which the inspection took place, and a description of any violations found in the inspection report. (b) The inspector shall be entitled to inspect all fishing gear in use or on board.
1. The sampling intensity of live fish shall not be below 20 % of the amount of fish being caged. When technically possible, the sampling of live fish shall be sequential, one in every five specimens being measured; such a sample shall be made up of fish measured at a distance between 2 and 8 metres from the camera. 2. The dimensions of the transfer gate connecting the donor cage and the receiving cage shall be set at a maximum width of 10 metres and a maximum height of 10 metres. 3. When the length measurements of the fish present a multi-modal distribution (two or more cohorts of distinct sizes), it shall be possible to use more than one conversion algorithm for the same caging operation; the most up-to-date algorithm(s) established by SCRS shall be used to convert fork lengths into total weights, according to the size category of the fish measured during the caging operation. 4. Validation of the stereoscopical length measurements shall be undertaken prior to each caging operation using a scale bar at a distance of between 2 and 8 metres. 5. When the results of the stereoscopical programme are communicated, the information shall indicate the margin of error inherent to the technical specifications of the stereoscopic camera system, which shall not exceed a range of +/– 5 %. 6. The report on the results of the stereoscopical programme shall include details on all the technical specifications above, including the sampling intensity, the way of sampling methodology, the distance from the camera, the dimensions of the transfer gate, and the algorithms (length-weight relationship). SCRS shall review those specifications and, if necessary, provide recommendations to modify them. 7. In cases where the stereoscopic camera footage is of insufficient quality to estimate the weight of bluefin tuna being caged, a new caging operation shall be ordered by the Member State authorities responsible for the catching vessel, trap or farm.
(a) technical stereoscopical system report including: general information: species, site, cage, date, algorithm, sizing statistical information: average weight and length, minimum weight and length, maximum weight and length, number of fish sampled, weight distribution, size distribution;
(b) detailed results of the programme, with the size and weight of every fish that was sampled; (c) caging report including: general information on the operation: number of the caging operation, name of the farm, cage number, BCD number, ITD number, name and flag of the catching vessel or trap, name and flag of the towing vessel, date of the stereoscopical system operation and footage file name, algorithm used to convert length into weight, comparison between the amounts declared in the BCD and the amounts found with the stereoscopical system, in number of fish, average weight and total weight (the formula used to calculate the difference shall be: (stereoscopical system-BCD)/stereoscopical system * 100), margin of error of the system, for those caging reports relating to JFOs/traps, the last caging report shall also include a summary of all information in previous caging reports.
(a) the total weight declared by the catching vessel or trap in the BCD is within the range of the stereoscopical system results: no release shall be ordered, the BCD shall be modified both in number (using the number of fish resulting from the use of the control cameras or alternative techniques) and average weight, while the total weight shall not be modified;
(b) the total weight declared by the catching vessel or trap in the BCD is below the lowest figure of the range of the stereoscopical system results: a release shall be ordered using the lowest figure in the range of the stereoscopical system results, the release operations shall be carried out in accordance with the procedure laid down in Article 34(2) and Annex XI, after the release operations took place, the BCD shall be modified both in number (using the number of fish resulting from the use of the control cameras, minus the number of fish released) and average weight, while the total weight shall not be modified;
(c) the total weight declared by the catching vessel or trap in the BCD exceeds the highest figure of the range of the stereoscopical system results: no release shall be ordered, the BCD shall be modified for the total weight (using the highest figure in the range of the stereoscopical system results), for the number of fish (using the results from the control cameras) and average weight accordingly.
(1) The BCD shall be provided to the operator of the towing vessel with Section 2 (Total catch), Section 3 (Live fish trade) and Section 4 (Transfer — including "dead" fish) completed. The total quantities reported in Sections 3 and 4 shall be equal to the quantities reported in Section 2. The BCD shall be accompanied by the original ICCAT Transfer Declaration (ITD) in accordance with the provisions of this Regulation. The quantities reported in the ITD (transferred live), shall be equal to the quantities reported in Section 3 in the associated BCD. (2) A split of the BCD with Section 8 (Trade information) shall be completed and given to the operator of the auxiliary vessel which transports the dead bluefin tuna to shore (or retained on the catching vessel if landed directly to shore). The dead fish and split BCD shall be accompanied by a copy of the ITD. (3) The quantities of dead fish shall be recorded in the BCD of the catching vessel which made the catch or, in the case of JFOs, in the BCD of the catching vessels or of a vessel flying another flag participating in the JFO.
| Regulation (EC) No 302/2009 | This Regulation |
|---|---|
| Article 1 | Articles 1 and 2 |
| Article 2 | Article 3 |
| Article 3 | Article 4 |
| Article 4(1) | Article 5(1) |
| Article 4(2) | Article 6(1)(a) |
| Article 4(3) and (5) | Article 7 |
| Article 4(4), second subparagraph | Article 6(1)(a) and (2) |
| Article 4(6)(a),(b) and second subparagraph | Article 54 |
| Article 4(6), third subparagraph | Article 20(2) |
| Article 4(7) to (12) | — |
| Article 4(13) | Article 5(3) |
| Article 4(15) | Article 17 |
| Article 5(1) | Article 6(1)(b) |
| Article 5(2) to (6) | Article 9(1) to (6) |
| Article 5(7),(8) and the first subparagraph of paragraph 9 | — |
| Article 5(9), second subparagraph | Article 6(2) |
| Article 6 | Article 10 |
| Article 7 | Articles 11 and 12 |
| Article 8 | Article 17 |
| Article 9(1) and (2) | Article 14(1) and (2) |
| Article 9(3),(4),(5) and (7) to (10) | Annex I |
| Article 9(6) | — |
| Article 9(11) | Article 14(3) |
| Article 9(12) to (15) | Article 15 |
| Article 10 | — |
| Article 11 | Article 16(2),(3) and (5) |
| Article 12(1) to (4) | Article 19 |
| Article 12(5) | — |
| Article 13(1),(2) and (3) | Article 19 |
| Article 13(4) | — |
| Article 14(1),(2),(3) and (5) | Article 20 |
| Article 14(4) | Article 22(1) |
| Article 15 | Article 23 |
| Article 16 | Article 29(1),(3) and (4) |
| Article 17 | Article 30 |
| Article 18(1) | Article 25 |
| Article 18(2) | Annex II |
| Article 19 | Article 24(1),(2) and (3) |
| Article 20(1) and (2) | Article 26(1),(2) and (3) |
| Article 20(3) and (4) | Article 27 |
| Article 21 | Article 31(1) to (4) and (6) |
| Article 22(1) and the first subparagraph of paragraph 2 | Article 33(1),(3) and (5) |
| Article 22(2), second subparagraph | Article 34(1) |
| Article 22(3) | Article 34(2) |
| Article 22(4) | Article 38(1),(2) and (3) |
| Article 22(5) | Annex II |
| Article 22(6) | Article 33(6) |
| Article 22(7) | Article 35(1) and Annex IX |
| Article 22(8) and the first subparagraph of paragraph 9 | Article 36 |
| Article 22(9), second subparagraph | — |
| Article 22(10) | Article 39 |
| Article 23 | Article 32 |
| Article 24(1) | Article 47(1) |
| Article 24(2),(4) and (6) | Article 40(2) to (5) |
| Article 24(3) | Article 41(1) and (2) |
| Article 24(5) | Article 42 |
| Article 24(7) | Article 44(1) and Annex IX |
| Article 24(8), first subparagraph | Article 45(1) and (2) |
| Article 24(9) | — |
| Article 24(10) | Article 48 |
| Article 24a | Annex X |
| Article 25 | Article 49 |
| Article 26(1) | Article 26(4) |
| Article 26(2) | Article 27(1) |
| Article 26(3) | Article 26(5) |
| Article 27(1) | Article 31(5) |
| Article 27(2) | Article 41 |
| Article 27(3) | Article 3 point (24) |
| Article 28 | Article 55 |
| Article 29 | Article 52 |
| Article 30 | Article 50 |
| Article 31(1) and (2)(a),(b),(c) and (h) | Article 51 (2) to (6) |
| Article 31(2)(d) to (g) | Annex VII |
| Article 31(3) and (4) | Annex VII |
| Article 32 | |
| Article 33 | — |
| Article 33a | Article 53 |
| Article 34 | Article 56 |
| Article 35 | — |
| Article 36 | — |
| Article 37 | Article 57 |
| Article 38 | Article 58 |
| Article 38a | Article 59(1) and (2) |
| Article 39 | Article 60 |
| Article 40 | — |
| Article 41 | Article 61 |