Council Regulation (EC) No 1936/2001
of 27 September 2001
laying down control measures applicable to fishing for certain stocks of highly migratory fish
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Whereas:
The ICCAT Convention provides a framework for regional cooperation on the conservation and management of resources of tuna and tuna-like fish in the Atlantic ocean and adjacent seas through an International Commission for the Conservation of Atlantic Tunas (hereinafter referred to as ICCAT), and the adoption of recommendations on conservation and management in the Convention area that become obligatory for Contracting Parties.
ICCAT has adopted a number of recommendations creating control and surveillance obligations, notably on the establishment and transmission of statistics, inspection in port, vessel surveillance by satellite, vessel observations and transhipments, and checks on non-contracting parties and on stateless vessels. These recommendations have become obligatory for the Community and should therefore be implemented.
For scientific research purposes masters of Community fishing vessels should be required to comply with the instructions of the ‘Operational manual for statistics and sampling of tuna and tuna-like fish in the Atlantic Ocean’ published by ICCAT.
The IOTC has adopted a recommendation on the recording and exchange of information on tropical tuna. This is binding on the Community, which should therefore implement it.
The Community has fishing interests in the Eastern Pacific and has initiated the procedure for accession to the Inter-American Tropical Tuna Commission, (hereinafter referred to as IATTC). Pending accession and in line with its cooperation requirement arising under the United Nations Convention on the Law of the Sea, it should apply the control measures adopted by the IATTC.
In order to ensure the respect of the applicable control measures of the IOTC, IATTC and of the Agreement on the International Dolphin Conservation Programme, Member States should take the necessary action.
HAS ADOPTED THISREGULATION:
Article 1Purpose
This Regulation lays down control and inspection measures relating to fishing for stocks of the highly migratory fish species listed in Annex I to this Regulation and shall apply to F1United Kingdom fishing vessels operating in one of the zones specified in Article 2.
Article 2Zones
For the purposes of this Regulation the following marine zones are specified:
- (a)
F2...
- (b)
Zone 2:
All Indian Ocean waters included in the area of competence specified in Article II of the Agreement for the establishment of the IOTC.
- (c)
Zone 3:
All Eastern Pacific Ocean waters included in the area specified in Article III of the Agreement on the International Dolphin Conservation Programme.
Article 3Definitions
For the purposes of this Regulation the following definitions shall apply:
- (a)
‘boarding’: the boarding of a fishing vessel within an organisation's area of competence by one or more authorised inspectors in order to make an inspection;
- (b)
‘transhipment’: unloading of any quantity of highly migratory fish and/or products from such fish from on board a fishing vessel to another vessel either at sea or in port, without the products having been recorded by a port F3state as landed;
- (c)
‘landing’: unloading of any quantity of highly migratory fish and/or products from such fish from on board a fishing vessel to port or to land;
- (d)
‘infringement’: any presumed act committed or omitted by a fishing vessel that is recorded in an inspection report and gives serious reason for suspecting a breach of the provisions of this Regulation or any other Regulation transposing a recommendation adopted by a regional organisation for one of the zones indicated in Article 2;
- (e)
‘vessel of a non-Contracting Party’: vessel observed and identified as engaged in fishing activities in one of the zones specified in Article 2 that is flying the flag of a country that is not a Contracting Party to the relevant regional organisation;
- (f)
‘stateless vessel’: vessel for which there are reasonable grounds for suspecting it to be without nationalityF4;
- (g)
F5‘fattening’: raising of individuals in cages to increase their weight or fat content with a view to marketing;
- (h)
‘caging’: placing of wild individuals of any size in closed structures (cages) for fattening;
- (i)
‘fattening farm’: enterprise which raises wild individuals in cages for fattening;
- (j)
‘transport vessel’: vessel receiving wild individuals and transporting them live to fattening farms.
F6CHAPTER ICONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1
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F4CHAPTER IICONTROL AND SURVEILLANCE MEASURES APPLICABLE IN ZONE 2
SECTION 1Control measures
Article 20General principles
Article 20aRegister of vessels authorised to fish in the IOTC area
Article 8a shall apply mutatis mutandis .
Article 20bTranshipment
Article 8c shall apply mutatis mutandis .
Article 20cMarking of fishing gear
1.
Gear used by F9United Kingdom fishing vessels authorised to fish in the zone shall be marked as follows: the ends of nets, lines and other gear in the sea shall be fitted with flag or radar reflector buoys and by night with light buoys indicating their position and extent.
2.
Marker buoys and similar floating objects indicating the position of fixed fishing gear shall at all times clearly indicate the letter(s) and/or number(s) of the vessel(s) to which they belong.
3.
Fish aggregating devices shall be clearly marked at all times with the letter(s) and/or number(s)of the vessel(s) to which they belong.
Article 20 dStatistical notification for scientific purposes
1.
F10A fisheries administration must transmit the following statistical data in electronic form, with electronic access F11... to the IOTC Secretariat, in accordance with the procedures for submission of statistics referred to in Annex V:
(a)
fishing effort and catches of species referred to in Article 1 for the previous year;
(b)
the sizes of the species referred to in Article 1 for the previous year;
(c)
tuna fishing using floating objects, including fish aggregating devices.
2.
SECTION 2Port inspection procedures
Article 20e
Articles 10, 12, 13, 14 and 15 shall apply mutatis mutandis .
SECTION 3Stateless vessels and vessels of non-contracting parties
F14Article 21
F14Observation
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Article 21aControl of fishing activities
Article 18 shall apply mutatis mutandis .
F14Article 21b
F14IUU vessels
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F14Article 21c
Measures concerning vessels presumed to have carried out IUU fishing
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CHAPTER IIICONTROL AND SURVEILLANCE MEASURES APPLICABLE IN ZONE 3
Article 22General
CHAPTER IVFINAL PROVISIONS
F18Article 23
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F19Article 24
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Article 25
1.
Regulation (EC) No 1351/1999 is hereby repealed.
2.
Article 22(1) of Regulation (EC) No 2742/1999 is hereby repealed.
3.
References made to the repealed Regulation (EC) No 1351/1999 shall be construed as being made to this Regulation, and should be read in accordance with the correlation table in Annex III.
F20Article 26
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F21...
ANNEX ILIST OF SPECIES REFERRED TO IN THIS REGULATION
Albacore: Thunnus alalunga
Bluefin tuna: Thunnus thynnus
Bigeye tuna: Thunnus obesus
Skipjack: Katsuwonus pelamis
Atlantic bonito: Sarda sarda
Yellowfin tuna: Thunnus albacares
Blackfin tuna: Thunnus atlanticus
Little tuna: Euthynnus spp.
Southern bluefin tuna: Thunnus maccoyii
Frigate tuna: Auxis spp.
Oceanic sea bream: Bramidae
Marlin: Tetrapturus spp.; Makaira spp.
Sailfish: Istiophorus spp.
Swordfish: Xiphias gladius
Sauries: Scomberesox spp.; Cololabis spp
Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselis.
Shark: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Rhincodon typus; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae
Cetaceans (whales and porpoises): Physeteridae; Belaenopteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae; Delphinidae.
F22ANNEX Ia
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F23ANNEX II
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ANNEX III
Regulation (EC) No 1351/1999 | This Regulation |
|---|---|
Articles 1, 2, 3 | Article 8 |
Article 4 | Article 18 |
Article 5 | Article 17 |
F5ANNEX IV
ANNEX V
Catch and effort data
Surface fisheries: catch data in nominal catch weight and effort data in fishing days (purse seine, baitboat, troll, drift nets) should be provided to IOTC by 1° grid area and month strata. Purse seine fishery data should be stratified by type of school. Those data should preferably be extrapolated to the national monthly catches of each gear. The raising factors used, corresponding to the logbook coverage, should be given routinely to IOTC.
Longline fisheries: catch and effort data of the longline fisheries should be provided to the IOTC by 5° grid area and month strata, preferably in numbers and in weight. Fishing effort should be given in numbers of hooks. Those data should preferably be extrapolated to the national monthly catches. The raising factors used, corresponding to the logbook coverage, should be given routinely to IOTC.
The catches, efforts and sizes of the artisanal, small scale and sport fisheries should also be submitted on a monthly basis, but using the best geographical areas used to collect and process those data.
Size data
Considering that size data are of key importance for most tuna stock assessment, length data, including the total number of fish measured, should be routinely submitted to the IOTC on a 5° grid area and month basis, by gear and fishing mode (e.g. free/log schools for the purse seiners). Size data should be provided for all gears and for all species covered by IOTC. Size data sampling should preferably be run under strict and well described random sampling schemes which are necessary to provide unbiased figures for the sizes taken. The exact recommended level of sampling could vary between species (as a function of various parameters), but the specific level of recommended sampling needs to be established by the working party on statistics. More detailed size data, for instance size by individual samples, should also be made available to IOTC when requested by specific working groups, but under strict rules of confidentiality.
Fishing for tunas using floating objects, including fish aggregating devices (FADs)
For a better understanding by IOTC of changing patterns in effective fishing effort by fleets operating in its area of competence, more information has to be obtained. Since the activities of supply vessels and the use of fish aggregating devices (FAD) are an integral part of the fishing effort of the purse seine fleet, the following information should be routinely submitted to IOTC:
Number and characteristics of supply vessels: (i) operating under their flag, (ii) assisting purse seine vessels operating under their flag, or (iii) licensed to operate in their exclusive economic zones, and that have been present in the IOTC area of competence.
Levels of activity of supply vessels: including number of days at sea, on 1° grid area and month basis.
In addition, contracting parties and cooperating non-contracting parties shall do their best to provide data on the total number and type of fish aggregating devices (FADs) operated by the fleet, on a 5° grid area and month basis.
Timeliness of data submission to IOTC
It is essential that all fishery data be available to the IOTC Secretariat in due time to allow monitoring of stocks and analysis of the data. Thus it is recommended that the following rules be applied as standard obligations:
Surface fleets and other fleets operating in coastal zones (including supply vessels) must provide their fishery data at the earliest possible date but no later than 30 June each year (previous year's data).
Longline fleets operating on the high seas must provide the provisional fishery data at the earliest date, but no later than 30 June (previous year's data). They must provide the final estimate of their fishery data before 30 December each year (previous year's data).
The time limits presently allowed for submitting statistics could be reduced in the future as communication and data processing technologies become ever more rapid, which should reduce the present data processing delays.