Commission Delegated Regulation (EU) 2015/98Show full title

CHAPTER II ICCAT CONVENTION AREA

Article 3 Bigeye tuna

1. This Article shall apply to bigeye tuna (Thunnus obesus) in the Atlantic Ocean.

2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, fishing vessels 20 metres length overall or greater not entered into the ICCAT record of authorised bigeye tuna vessels shall not target, retain on board, tranship, transport, transfer, process or land bigeye tuna in the Atlantic Ocean.

Article 4 Bluefin tuna

1. This Article shall apply to bluefin tuna (Thunnus thynnus) in the eastern Atlantic and the Mediterranean.

2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board, tranship, transfer, land, transport, store, sell, display or offer for sale bluefin tuna below minimum size set out in Article 9(1) of Regulation (EC) No 302/2009.

3. By way of derogation from paragraph 2 of this Article and from Article 15(1) of Regulation (EU) No 1380/2013, incidental catches of maximum 5 % of bluefin tuna between 8 kg or 75 cm and minimum size set out in Article 9(1) of Regulation (EC) No 302/2009 in kg or cm by catching vessels and traps fishing actively for bluefin tuna may be retained on board, transhipped, transferred, landed, transported, stored, sold, displayed or offered for sale.

4. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the catching vessels and traps fishing actively for bluefin tuna shall not retain bluefin tuna weighing between 8 and 30kg or with a fork length between 75 and 115 cm exceeding 5 % of bluefin tuna.

5. The percentage of 5 % referred to in paragraphs 3 and 4 shall be calculated on the basis of the total incidental catches of bluefin tuna in number of fish of the total catches of bluefin tuna retained on board the vessel at any time after each fishing operation.

6. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, catching vessels not fishing actively for bluefin tuna shall not retain on board bluefin tuna exceeding 5 % of the total catch on board by weight or number of pieces. The calculation based on the number of pieces shall only apply to tuna and tuna-like species managed by ICCAT.

7. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, if the quota allocated to the Member State of the fishing vessel or trap concerned has already been consumed:

(a) by-catches of bluefin tuna shall be avoided; and

(b) the bluefin tuna caught alive as by-catch shall be released.

8. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, bluefin tuna caught alive in the framework of recreational fisheries shall be released.

9. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, bluefin tuna caught alive in the framework of sport fishing shall be released.

Article 5 Swordfish

1. This Article shall apply to swordfish (Xiphias gladius) in the North Atlantic Ocean.

2. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, it shall be prohibited to target, retain on board or tranship, land, transport, store, display or offer for sale, sell or market swordfish below the minimum size, as set out in Annex IV to Regulation (EC) No 520/2007.

3. By way of derogation from paragraph 2 of this Article and from Article 15(1) of Regulation (EU) No 1380/2013, incidental catches of maximum 15 % of swordfish weighing less than 25 kg live weight or 125 cm lower jaw fork length may be retained on board, transhipped, transferred, landed, transported, stored, sold, displayed or offered for sale.

4. By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, vessels shall not retain swordfish weighing less than 25 kg live weight or 125 cm lower jaw fork length exceeding 15 % of swordfish.

5. The percentage of 15 % referred to in paragraphs 3 and 4 shall be calculated on the basis of the number of swordfish of the vessel's total swordfish catch per landing.