CHAPTER 2 STATISTICAL MONITORING

Section 1 Requirements in the United Kingdom in respect of imports

Article 4 Statistical document for importation
1. It is prohibited for a person to import swordfish or bigeye tuna unless—
(a) the fish is accompanied by—
(i) a statistical document which has been validated by—
(aa) the licensing authority of the UK fishing boat transhipping the fish in accordance with Article 7a, or
(bb) the competent authorities of the State that licensed the fishing boat landing or transhipping the fish or the exporting State in accordance with the requirements of paragraph 2, and
(ii) in the case of fish which has previously been imported into another State, a re-export certificate which has been validated by the competent authorities of the re-exporting State, and
(b) in the case of fish which was caught, not including by-catch, in the ICCAT Convention area by a fishing boat of 20 metres in length overall or greater, the fish was caught by an ICCAT authorised fishing boat.
Art. 4(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(a)
2. A statistical document must:
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 4(2)(a) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(ii)
(b) be validated:
(i) where the fishing has been carried out by a vessel: by a civil servant duly approved by the flag State of the vessel which carries out the fishing or by any other person or institution duly approved by that State. In the case of the ... countries listed in Annex IVb, validation may be undertaken by an institution recognised for that purpose by that country;
Word in Art. 4(2)(b)(i) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(iii)
(ii) where the fishing has been carried out using a trap net: by a civil servant duly approved by the State in whose territorial waters the catch has been taken;
(iii) in the case of swordfish, bluefin tuna and bigeye tuna caught by a vessel operating under a charter agreement: by a civil servant or any other person or institution duly approved by the exporting State;
Deleted by Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003.
(iv) in the case of bigeye tuna caught by one of the vessels listed in Annexes VIIIa and VIIIb: by a Japanese or Taiwanese government official or by any other person duly approved for that purpose by the Governments of those countries;
Substituted by Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying 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.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 4(2)(c) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(iv)
Word in Art. 4(2) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(i)
3. The statistical document must be delivered to the licensing authority for the area into which the fish is being imported.
Words in Art. 4(3) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(c)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 4(4) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(d)
5. The importation of swordfish or bigeye tuna is prohibited where the cargo concerned is not accompanied by the statistical document for the relevant importation, validated and completed in accordance with this Regulation.
Words in Art. 4(5) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(e)(i)
Words in Art. 4(5) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(e)(ii)
6. A person who contravenes the prohibition in paragraph 1 is guilty of an offence.
Art. 4(6)(7) inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(f)
7. Where a fishing boat lands or tranships in contravention of the prohibition in paragraph 1, the master, the owner and the charterer (if any) are each guilty of an offence.
Words in Ch. 2 s. 1 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(5); 2020 c. 1, Sch. 5 para. 1(1)

Section 2 Requirements in respect of exports from the United Kingdom

Article 5 Statistical document for exportation
(1. It is prohibited for a person to export swordfish or bigeye tuna unless—
(a) in the case of a UK fishing boat landing a catch of swordfish or bigeye tuna directly into, or transhipping the catch in, the territory of another State outside the United Kingdom, the licensing authority for that UK fishing boat has validated a statistical document which accompanies the fish in accordance with the requirements of paragraph 4, or
(b) in the case of fish which was previously landed into the United Kingdom by a UK fishing boat, the licensing authority for the UK fishing boat which caught the fish or the licensing authority for the area from which the fish is being exported has validated a statistical document which accompanies the fish in accordance with the requirements of paragraph 4.
(2. Where a UK fishing boat lands swordfish or bigeye tuna into, or tranships in, the territory of another State, the master of the boat must complete a statistical document for the fish and request its validation by the boat’s licensing authority.
(3. Where a person exports swordfish or bigeye tuna from the United Kingdom, the person must complete a statistical document for the fish and request its validation by the licensing authority for the UK fishing boat that caught the fish or by the licensing authority for the area from which the fish is being exported.
(4. Upon a request made under paragraph 2 or 3, the licensing authority must not validate the statistical document unless the authority is satisfied—
(a) in relation to fish caught, not including by-catch, by a UK fishing boat of 20 metres in length overall or greater, that the fish was caught by an ICCAT authorised fishing boat,
(b) that the information contained in the statistical document is complete and accurate, and
(c) that the catching and export of the fish was carried out in compliance with relevant requirements specified in any other enactment or specified in conditions attached to the fishing boat’s licence under paragraph 1 of Schedule 3 to the Fisheries Act 2020.
(5. A person who contravenes the prohibition in paragraph 1 is guilty of an offence
(6. Where a UK fishing boat lands or tranships in contravention of the prohibition in paragraph 1, the master, the owner and the charterer (if any) are each guilty of an offence.
Art. 5 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(6)
Words in Ch. 2 s. 2 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(7); 2020 c. 1, Sch. 5 para. 1(1)

Section 3 Requirements in respect of re-exports from the United Kingdom

Article 6 Re-export certificates
(1. It is prohibited for a person to re-export swordfish or bigeye tuna unless—
(a) the licensing authority for the area from which the fish is being re-exported has validated a re-export certificate which accompanies the fish in accordance with the requirements of paragraph 3, and
(b) the fish is also accompanied by a copy of the validated statistical document used for import of the fish under Article 4.
(2. Where a person re-exports swordfish or bigeye tuna from the United Kingdom, the person must complete a re-export certificate for the fish and request its validation by the licensing authority for the area from which the fish is being re-exported.
(3. Upon a request made under paragraph 2, the licensing authority must not validate the re-export certificate unless the authority is satisfied—
(a) that the fish being re-exported corresponds to the fish originally imported under the statistical document referred to in paragraph 1(b), and
(b) that the information contained in the re-export certificate is complete and accurate.
(4. A person who contravenes the prohibition in paragraph 1 is guilty of an offence.
Art. 6 substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(7)

Article 7 Repeated re-exports
1. All quantities of swordfish or bigeye tuna re-exported after having already been re-exported, must be accompanied by a new re-export certificate, validated and completed in accordance with Article 6....
...
Words in Art. 7(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(i)
Word in Art. 7(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(ii)
Words in Art. 7(1) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(iii)
Words in Art. 7(1) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(a)(iv)
2. The new certificate referred to in paragraph 1 must be accompanied by a certified copy of the preceding, duly validated, re-export certificates which accompanied the cargo.
Word in Art. 7(2) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(8)(b)
Words in Ch. 2 s. 3 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(9); 2020 c. 1, Sch. 5 para. 1(1)

Section 4 Requirements ... in respect of transhipped products in the ICCAT Convention area

Article 7a Transhipment by large pelagic longline boats
(1. This Article applies in relation to transhipments in the ICCAT Convention area by pelagic longline boats which are 24 metres in length overall or greater (in this Article “large pelagic longline boats”).
(2. Where a licensing authority is validating a statistical document for a large pelagic longline boat the authority must—
(a) ensure that transhipments are consistent with the reported catch amount by each boat, and
(b) confirm, through information obtained under the ICCAT regional observer programme, that the transhipment has been conducted in accordance with Articles 51 to 58 of Regulation 2017/2107.
(3. For imports of bigeye tuna or swordfish caught and transhipped by large pelagic longline boats which are not UK fishing boats, in addition to the requirements of Article 4, the statistical document for the fish may only be accepted—
(a) if the fishing boat that caught the fish is an ICCAT authorised fishing boat which is authorised to tranship in the ICCAT Convention area, and
(b) where it is accompanied by the ICCAT transhipment declaration in accordance with Article 57 of Regulation 2017/2107.
(4. In this Article “Regulation 2017/2107” means Regulation (EU) 2017/2107 of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT).
Art. 7a substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(9)
Inserted by Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying 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.
Words in Ch. 2 s. 4 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(11); 2020 c. 1, Sch. 5 para. 1(1)