http://www.legislation.gov.uk/eur/2010/640/chapter/IIRegulation (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 1984/2003Regulation (EU) No 640/2010 of the European Parliament and of the CouncilRegulation (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 1984/2003King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32010R0640texttext/xmlen2024-12-04Expert Participation2024-04-01 CHAPTER II<Strong>BLUEFIN TUNA CATCH DOCUMENT</Strong><Substitution ChangeId="key-fae5387b5ed55f0c295cc677aec46de5-1732886132456" CommentaryRef="key-fae5387b5ed55f0c295cc677aec46de5">Bluefin tuna catch document: prohibitions</Substitution>Article 31Subject to paragraphs 2, 3 and 4, it is prohibited—ato land or tranship any quantity of bluefin tuna at a designated port in Great Britain or in the Great Britain zone without a completed and validated bluefin tuna catch document for each fish;bfor a UK fishing boat to land or tranship any quantity of bluefin tuna at a designated port outside of Great Britain or the Great Britain zone without a completed and validated bluefin tuna catch document for each fish;cfor a person to trade domestically, import into, export from, or re-export from, Great Britain any quantity of bluefin tuna without a completed and validated bluefin tuna catch document for the lot.2The bluefin tuna catch document referred to in paragraph 1 does not require validation where Article 4(5) applies.3Where the total quantity of bluefin tuna landed by a UK fishing boat into a designated port in Great Britain or in the Great Britain zone is—aless than one metric tonne, orbno more than three fish,the boat’s fishing logbook or the sales note for the fish may be used as a temporary catch document pending validation of the bluefin tuna catch document for up to seven days but this temporary catch document may not be used for export of the fish.4Where a fishing boat is required to land any bluefin tuna caught as by-catch, the prohibition on landing the fish without a bluefin tuna catch document in paragraph 1(a) and (b) does not apply where sale of the fish is prohibited and the fish is subject to confiscation on landing.5Where paragraph 1(a) applies to a fishing boat and the boat is also landing or transhipping tuna of the species Thunnus orientalis (“Pacific tuna”), the requirement for a completed and validated bluefin tuna catch document also applies to each Pacific tuna landed or transhipped.6Where—aa fishing boat lands or tranships in contravention of a prohibition in paragraph 1(a) or (b), the master, the owner and the charterer (if any) are each guilty of an offence;ba person contravenes a prohibition in paragraph 1(c), the person is guilty of an offence.<Substitution ChangeId="key-fae5387b5ed55f0c295cc677aec46de5-1732886132456" CommentaryRef="key-fae5387b5ed55f0c295cc677aec46de5">Bluefin tuna catch document</Substitution>Article 3A1Each licensing authority must seek to restrict any access it facilitates to the electronic catch document system, for the purpose of entering information—aonly to UK fishing boats that the authority has licensed;bso that each electronic bluefin tuna catch document will be uniquely identifiable and unique to the UK fishing boat to which the catch relates.2Each licensing authority must seek to ensure that paper bluefin tuna catch documents—aare only used where Article 5A applies;bare only given to UK fishing boats that the authority has licensed;ccontain unique document identification numbers which are uniquely identifiable, unique to the UK fishing boat in question and non-transferrable.<Substitution ChangeId="key-fae5387b5ed55f0c295cc677aec46de5-1732886132456" CommentaryRef="key-fae5387b5ed55f0c295cc677aec46de5">Bluefin tuna catch document: validation</Substitution>Article 41On each occasion where a UK fishing boat lands (except where Article 3(4) applies) or tranships any quantity of bluefin tuna, the master of the boat must complete a bluefin tuna catch document and, subject to paragraph 5, request its validation by the boat’s licensing authority.2Upon a request made under paragraph 1, the licensing authority must not validate the bluefin tuna catch document unless the authority is satisfied—awhere appropriate following an inspection of the bluefin tuna landed, that all the information contained in the catch document has been established to be accurate;bthat the total quantity of bluefin tuna covered by the validation request is within the United Kingdom’s catch quota and the catch quota for the fishing boat in question;cthat the catching and landing of the bluefin tuna in question was carried out in full compliance with all relevant requirements placed on the fishing boat in question via any other enactment or via conditions attached to the boat’s licence under paragraph 1 of Schedule 3 to the Fisheries Act 2020.3On each occasion where a person trades domestically or exports any quantity of bluefin tuna, the person must, subject to paragraphs 5 and 6, request validation of the bluefin tuna catch document applicable to the lot by the licensing authority of the fishing boat which completed the catch document or by the licensing authority for the area from which the person is trading or exporting the fish.4Upon a request made under paragraph 3, the licensing authority must not validate the bluefin tuna catch document unless the authority is satisfied, following verification of information and, where appropriate, inspection of the lot, that the information contained in the catch document is accurate.5Validation of the bluefin tuna catch document is not required where the fish to which the catch document relates is tagged in accordance with Article 5.6Where the first domestic trade of a bluefin tuna lot is facilitated by a completed and validated electronic bluefin catch document, that catch document may be used for all subsequent domestic trade of that lot and no further entry on the electronic catch document system is required.<Substitution ChangeId="key-fae5387b5ed55f0c295cc677aec46de5-1732886132456" CommentaryRef="key-fae5387b5ed55f0c295cc677aec46de5">Tagging</Substitution>Article 5A licensing authority may require any fishing boat that it has licensed to affix a tag to each bluefin tuna caught by the boat in the ICCAT Convention area. Where this requirement is imposed, the tag must—abe affixed to the fish prior to landing,bbe tamper-proof, andccontain the following minimum information—ia unique tag number which is linked to the bluefin tuna catch document;iiinformation identifying the fishing boat that caught the tuna;iiidate of capture or landing;ivthe area in which the fish was caught;vthe gear used to catch the fish;vithe type of product and the individual weight of the fish;viiwhere applicable, the importer or exporter’s details;viiiwhere applicable, the point of export.<Substitution ChangeId="key-fae5387b5ed55f0c295cc677aec46de5-1732886132456" CommentaryRef="key-fae5387b5ed55f0c295cc677aec46de5">Paper bluefin tuna catch documents</Substitution>Article 5A1A paper bluefin tuna catch document may be used only in accordance with this Article.2Where the total quantity of bluefin tuna landed by a boat is—aless than one metric tonne, orbno more than three fish,a paper bluefin tuna catch document may be used for up to seven days pending conversion of the catch document into an electronic bluefin tuna catch document, but the paper catch document may not be used for export of the fish.3A paper bluefin tuna catch document may be used for the import or domestic trade of bluefin tuna caught prior to 1st January 2017.4A paper bluefin tuna catch document may be used in the event that technical problems arise with the electronic catch document system which prevent the completion or validation of the relevant electronic bluefin tuna catch document provided—athe technical problems which prevent the completion or validation of the catch document arise with the electronic catch document system itself and not with a system used by the master of the fishing boat, the licensing authority or the relevant authority of the boat’s flag State, to access the electronic catch document system,bthe relevant procedures specified by ICCAT to be followed in the event of technical problems with the electronic catch document system have been followed and the technical problem has not been resolved, andcthe paper catch document is not used for any longer than necessary once the technical problems have been resolved so as to allow the paper catch document to be converted into an electronic bluefin tuna catch document.5A paper bluefin tuna catch document may be used for tuna of the species Thunnus orientalis (“Pacific tuna”) to comply with the requirement in Article 3(5).6A paper bluefin tuna catch document may be used for import from, or export to, another State that is not a contracting party, or a non-contracting cooperating party, to the International Convention for the Conservation of Atlantic Tunas where the State in question does not have access to the electronic catch document system and it is not reasonably practicable in the circumstances to facilitate the use of an electronic bluefin tuna catch document through ICCAT.7Where a paper bluefin tuna catch document is used it must—aeither be in the format set out in Annex 3 or be a printout of a completed electronic bluefin tuna catch document,bbe completed with the information, where relevant, specified in Annex 2, andcbe issued, numbered, completed and validated in accordance with the instructions set out in Annex 4.8Each licensing authority must retain a copy of each paper bluefin tuna catch document it has validated or received for a minimum period of two years.Arts. 3-5A substituted for arts 3-5 (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), 4(4)