Regulation (EU) 2021/56 of the European Parliament and of the Council of 20 January 2021 laying down management, conservation and control measures applicable in the Inter-American Tropical Tuna Convention area and amending Council Regulation (EC) No 520/2007
(1) "the Convention" means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica; (2) "the Convention area" means the geographical area to which the Convention applies as described in Article III of the Convention; (3) "IATTC species" means stocks of tunas and tuna-like species and other species of fish taken by vessels fishing for tunas and tuna-like species in the Convention area; (4) "Union fishing vessel" means any vessel flying the flag of a Member State, used or intended for use for the purposes of commercial exploitation of fishery resources, including support vessels, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels; (5) "Contracting Party" means the contracting parties to the Convention; (6) "purse seine" 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; (7) "tropical tunas" means bigeye tuna, yellowfin tuna and skipjack tuna; (8) "data buoys" means floating devices, either drifting or anchored, that are deployed by governmental or recognised scientific organisations or entities for the purpose of electronically collecting environmental data, and not in support of fishing activities, and which have been notified to the IATTC Secretariat; (9) "fish-aggregating device" or "FAD" means anchored, drifting, floating or submerged objects deployed or tracked by vessels, including through the use of radio or satellite buoys, for the purpose of aggregating target tuna species for purse seine fishing operations; (10) "interaction" with data buoys includes, but is not limited to, encircling the buoy with fishing gear, tying up or attaching the vessel, fishing gear, or any part or portion of the vessel, to a data buoy, or cutting its anchor line; (11) "operator" means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; (12) "SAC" means the Scientific Advisory Committee established under Article XI of the Convention; (13) "transhipment" means the unloading of all or any fisheries products on board a vessel to another vessel; (14) "Regional Vessel Register" means the vessel register of the IATTC; (15) "Resolution" means the binding measures adopted by the IATTC under Article VII of the Convention; (16) "IATTC transhipment declaration form" means the document contained in Annex 2 to Resolution C-12-07; (17) "observer" means a person who is authorised and certified by a Member State or Contracting Party to observe, monitor and collect information on board fishing vessels; (18) "longline" means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on target species; (19) "shark lines" means individual lines attached to the float line or to the floats directly, and used to target sharks, as depicted in Figure 1 of Resolution C-16-05; (20) "large circle hook" means a hook with the point turned perpendicularly back to the shank to form a generally circular or oval shape, and the point of the hook not offset more than 10 degrees; (21) "the Agreement" means the Agreement on the International Dolphin Conservation Programme (AIDCP); (22) "sealed wells" means any space on board a vessel, intended for the freezing, maintenance or storage of fish, access to which has been blocked to prevent its use for those purposes; (23) "WCPFC" means the Fisheries Commission for the Western and Central Pacific Ocean established under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (OJ L 32, 4.2.2005, p. 1 ).(24) "overlap area" means the area of overlapping competence between the IATTC and WCPFC geographical areas. That area is the part of the Pacific Ocean bounded by the following lines: the 50°S parallel from its intersection with meridian 150°W until the intersection with meridian 130°W, and the 4°S parallel from its intersection with meridian 150°W until the intersection with meridian 130°W.
(a) inform the Commission by 15 June each year of which of the two closure periods from 29 July to 8 October, or from 9 November to 19 January, shall be applicable to their vessels. The Commission shall notify the IATTC Secretariat of the applicable period of closure by 15 July each year; (b) inform all interested parties in its tuna industry of the closure; (c) inform the Commission by 15 June each year that these steps have been taken; (d) ensure that for the entire duration of the closure all purse seine vessels that fly its flag do not fish in the Convention area.
(a) in the event that the vessel has not observed a closure period in the same year where the cause of the force majeure occurred, the vessel shall observe a reduced closure period of 40 consecutive days in one of the two closure periods of that year instead of the full closure set out in point (a) of paragraph 1 and the Commission shall immediately notify the IATTC Secretariat of the chosen period of closure; or(b) in the event that the vessel has already observed a closure period in the same year during which the cause of the force majeure occurred, it shall observe a reduced closure period of 40 consecutive days the following year in one of the two closure periods for that year, to be notified to the Commission no later than 15 July of that year.
(a) position of the FAD; (b) date and hour of deployment of the FAD; (c) IATTC FAD identification (i.e. FAD marking or beacon identification; type of buoy; or any information allowing identification of the owner); (d) FAD type (such as anchored FAD, drifting natural FAD, drifting artificial FAD); (e) FAD design characteristics (dimension and material of the floating part and of the underwater hanging structure); (f) type of activity (set, deployment, hauling, retrieving, loss, intervention on electronic equipment, etc.); (g) if the activity is a set, the results of the set in terms of catch and bycatch; and (h) characteristics of any attached buoy or positioning equipment (positioning system, whether equipped with sonar, etc.).
(a) ensure that all reasonable steps are taken to ensure its safe release; and (b) report the incident to the Member State, including the number of individuals concerned, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the animal(s) on release (including whether any were released alive but subsequently died).
(a) sharks are released out of the net by directly releasing them from the brailer into the ocean; (b) sharks that cannot be released without compromising the safety of persons before being landed on deck are returned to the water as soon as possible, either utilising a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches; and (c) if ramps or escape hatches are not available, the sharks are lowered with a sling or cargo net, using a crane or similar equipment, if available.
(a) avoid encirclement of sea turtles to the extent practicable and carry on board, and employ when appropriate, safe-handling tools for the release of sea turtles and take all reasonable steps, in the event that a sea turtle is sighted in a purse seine net, to ensure its safe release; (b) take the actions necessary to monitor FADs for the entanglement of sea turtles, and ensure the release of all sea turtles entangled in FADs; (c) record all observed interactions involving sea turtles during purse seine fishing operations and report such information to the national authorities.
(a) carry on-board and, when sea turtle interactions occur, employ the necessary equipment (e.g. de-hookers, line cutters, and scoop nets) for the prompt release of sea turtles incidentally caught; (b) when the majority of hooks fish at depths shallower than 100 metres, employ one of the following two mitigation measures: large circle hooks or the use only of finfish for bait; (c) report any interactions to the national authorities.
(a) take all necessary measures to ensure that observers are able to carry out their duties in a competent and safe manner; (b) endeavour to ensure that observers alternate vessels between their assignments; (c) ensure that the vessel on which an observer is placed provide suitable food and lodging for the observer during the observer’s deployment at the same level as the officers, where possible; (d) ensure that all necessary cooperation is extended to observers in order for them to carry out their duties safely, including providing access, as required, to the retained catch, and catch which is intended to be discarded.
(a) ensure that the Union fishing vessel immediately ceases all fishing operations; (b) ensure that the Union fishing vessel immediately commences a search and rescue operation if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless instructed by the flag Member State to continue searching; (c) immediately notify the flag Member State and the observer provider; (d) immediately alert other vessels in the vicinity by using all available means of communication; (e) cooperate fully in any search and rescue operation and, after such search and rescue operation has been terminated, order the vessel to the nearest port for further investigation, as agreed by the flag Member State and the observer provider; (f) provide the report on the incident to the observer provider and the authorities of the flag Member State; and (g) cooperate fully in any official investigations into the incident, and preserve any potential evidence and the personal effects and quarters of the deceased or missing observer.
(a) ensure that the Union fishing vessel immediately ceases fishing operations; (b) immediately notify the flag Member State and the observer provider; (c) take all reasonable actions to care for the observer and provide any medical treatment available and possible on board the vessel, and where appropriate seek external medical advice; (d) where directed by the observer provider, if not already directed by the flag Member State, facilitate the disembarkation and transport of the observer to a medical facility equipped to provide the required care as directed by the flag Member State or the observer provider, as soon as practicable; and (e) cooperate fully in any official investigations into the cause of the illness or injury.
(a) immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board; (b) immediately notify the flag Member State and the observer provider of the situation, including the status and location of the observer; (c) facilitate the safe disembarkation of the observer in a manner and place, as agreed by the flag Member State and the observer provider, that allows access to any needed medical treatment; and (d) cooperate fully in any official investigations into the incident.
(a) immediately take action to preserve the safety of the observer and mitigate and resolve the situation on board; (b) immediately notify the flag Member State and the observer provider of the situation; and (c) cooperate fully in any official investigations into the incident.
(a) investigate the incident based on the information provided by the observer provider, prepare an incident report on this basis and take any appropriate action in response to the results of the investigation; (b) cooperate fully in any official investigation conducted by the observer provider, including providing the incident report of its investigation to the observer provider and appropriate authorities; and (c) notify the observer provider and the IATTC of the results of its investigation and any actions taken.
(a) immediately notify the flag Member State in the event that an observer dies, is missing or presumed fallen overboard in the course of observer duties; (b) cooperate fully in any search and rescue operation; (c) cooperate fully in any official investigations into any incident involving an observer; (d) facilitate the disembarkation and replacement of an observer in a situation involving the serious illness or injury of that observer as soon as possible; (e) facilitate the disembarkation of an observer in any situation involving the assault, intimidation, threats to, or harassment of that observer to such an extent that the observer wishes to be removed from the vessel, as soon as possible; and (f) provide the flag Member State with a copy of the observer report on alleged incidents involving assault or harassment of the observer upon request.
(a) name of Union fishing vessel, registration number, previous names (if known), and port of registry; (b) a photograph of the vessel showing its registration number; (c) previous flag (if known and if any); (d) International Radio Call Sign (if any); (e) name and address of owner or owners; (f) date and place of building; (g) length, beam, and moulded depth; (h) freezer type and freezer capacity, in cubic metres; (i) number and capacity of fish holds, in cubic metres and, in the case of purse seine vessels, capacity breakdown by fish hold if possible; (j) name and address of operator(s) and manager(s) (if any); (k) type of vessel; (l) type of fishing method or methods; (m) gross tonnage; (n) power of main engine or engines; (o) the main target species; and (p) International Maritime Organization (IMO) number.
(a) any additions to the record; (b) any deletions from the record by reason of: (i) the voluntary relinquishment or non-renewal of the fishing authorisation by the owner or operator of the vessel; (ii) the withdrawal of the fishing authorisation issued to the vessel; (iii) the fact that the vessel is no longer entitled to fly its flag; (iv) the scrapping, decommissioning or loss of the vessel; and
(c) any other deletion not listed in point (b).
(a) the transhipment declaration form referred to in point (16) of Article 3; (b) the reference to depiction of shark lines in point (19) of Article 3; (c) closure periods referred to in point (a) of Article 4(1) and in Article 4(5); (d) FADs reporting timelines provided for in Article 6(3); (e) information to be collected when fishing with FADs listed by Article 6(4); (f) provisions concerning design and deployment of FAD provided for in Article 6(6); (g) the data collection deadline referred to in Article 14(1); (h) areas and mitigation measures for the protection of seabirds of Article 15(1) and (2); (i) scientific observer coverage of 5 % referred to in Article 18(1); (j) information related to the Regional Vessel Register listed in Article 20(1); (k) the reference to table for provision of data for the logbooks and unloading records provided for in Article 22(2); (l) the reference to the bigeye tuna statistical document in Article 23(1); (m) reporting deadlines provided for in Article 25; (n) the reference to turtle mortality guidelines in Article 25(4); (o) the Annex to this Regulation.
| Column A | Column B |
|---|---|
| Side-setting with bird curtains and weighted branch lines | |
| Night setting with minimum deck lighting | Weighted branch lines |
| Blue-dyed bait | |
| Weighted branch lines | Deep-setting line shooter |
| Underwater setting chute | |
| Management of offal discharge |