CHAPTER 2STATISTICAL MONITORING

Section 1Requirements F1in the United Kingdom in respect of imports

Article 4Statistical document for importation

F21.

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.

2.

A statistical document F3must:

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

be validated:

  1. (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 F5... countries listed in Annex IVb, validation may be undertaken by an institution recognised for that purpose by that country;

  2. (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;

  3. (iii)

    in the case of swordfish, F6bluefin 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;

  4. (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 countriesF7;

F8(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

The statistical document F9must be delivered to the licensing authority for the area into which the fish is being imported.

F104.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

The importation of F11swordfish 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 F12this Regulation.

F136.

A person who contravenes the prohibition in paragraph 1 is guilty of an offence.

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.