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Regulation (EU) 2016/1627 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009

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Regulation (EU) 2016/1627 of the European Parliament and of the Council

of 14 September 2016

on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1) The objective of the common fisheries policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council(3), is to ensure an exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions.

(2) The Union is Party to the International Convention for the Conservation of Atlantic Tunas(4) (‘the Convention’).

(3) At its 15th special meeting in 2006, the International Commission for the Conservation of Atlantic Tunas (‘ICCAT’), established by the Convention, adopted Recommendation 06-05 establishing a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean ending in 2022 (‘the recovery plan’). That Recommendation entered into force on 13 June 2007.

(4) The recovery plan takes into account the specificities of the different types of gear and fishing techniques. When implementing the recovery plan, the Union and Member States should endeavour to promote coastal fishing activities and the use of fishing gear and techniques which are selective and have a reduced environmental impact, including gear and techniques used in traditional and artisanal fisheries, thereby contributing to a fair standard of living for local economies.

(5) ICCAT Recommendation 06-05 was implemented into Union law by Council Regulation (EC) No 1559/2007(5).

(6) At its 16th special meeting in 2008, ICCAT adopted Recommendation 08-05 amending Recommendation 06-05. In order to rebuild the stock of bluefin tuna, Recommendation 08-05 provided for a gradual reduction in the total allowable catch level from 2007 to 2011, restrictions on fishing within certain areas and time periods, a new minimum size for bluefin tuna, measures concerning sport and recreational fishing activities, farming and fishing capacity measures, as well as reinforcing the ICCAT Scheme of Joint International Inspection.

(7) ICCAT Recommendation 08-05 was implemented into Union law by Council Regulation (EC) No 302/2009(6).

(8) At its 17th special meeting in 2010, ICCAT adopted Recommendation 10-04 amending Recommendation 08-05. In order to rebuild the stock of bluefin tuna, Recommendation 10-04 established a further reduction of the total allowable catch and the fishing capacity and it reinforced the control measures, in particular those concerning transfer and caging operations. It also provided for additional advice by the Standing Committee on Research and Statistics of ICCAT (‘SCRS’) in 2012 on the identification of spawning grounds and on the creation of sanctuaries.

(9) In order to implement the revised international conservation measures set out in Recommendation 10-04 into Union law, Regulation (EC) No 302/2009 was amended by Regulation (EU) No 500/2012 of the European Parliament and of the Council(7).

(10) At its 18th special meeting in 2012, ICCAT adopted Recommendation 12-03 amending Recommendation 10-04. In order to strengthen the effectiveness of the recovery plan, Recommendation 12-03 set up technical measures concerning the transfer and caging operations of live bluefin tuna, new catch reporting requirements, the implementation of the ICCAT regional observer programme and changes of the fishing seasons. Furthermore, it reinforced the role of the SCRS with regard to the assessment of bluefin tuna stock.

(11) At its 23rd regular meeting in 2013, ICCAT adopted Recommendation 13-07 amending Recommendation 12-03 by introducing small changes on fishing seasons which do not affect the Union fleet. Furthermore, Recommendation 13-08 was adopted which complements the recovery plan. Recommendation 13-08 set up a common procedure for the use of stereoscopical camera systems to estimate the quantities of bluefin tuna at the point of caging and introduced a flexible starting date for the fishing season of baitboats and trolling boats in the eastern Atlantic.

(12) In order to implement essential measures, such as those on fishing seasons, of Recommendations 12-03 and 13-08 into Union law, Regulation (EC) No 302/2009 was further amended by Regulation (EU) No 544/2014 of the European Parliament and of the Council(8).

(13) At its 19th special meeting in 2014, ICCAT adopted Recommendation 14-04 amending Recommendation 13-07 and repealing Recommendation 13-08. Whilst some of the existing control provisions were rationalised, the procedures for the use of stereoscopic camera at the point of caging were further specified and measures specific to release operations and the treatment of dead fish were introduced in the recovery plan.

(14) Recommendation 14-04 is binding on the Union.

(15) All the amendments to the recovery plan adopted by ICCAT in 2012, 2013 and 2014, which have not yet been subject to implementation, should be implemented into Union law. As that implementation concerns the recovery plan whose objectives and measures were defined by ICCAT, this Regulation does not cover all the content of multiannual plans as set out in Articles 9 and 10 of Regulation (EU) No 1380/2013.

(16) Regulation (EU) No 1380/2013 establishes the concept of minimum conservation reference sizes. In order to ensure consistency, the ICCAT concept of minimum sizes should be transposed into Union law as minimum conservation reference sizes. Consequently, the references in Commission Delegated Regulation (EU) 2015/98(9) to minimum sizes of bluefin tuna should be read as references to minimum conservation reference sizes in this Regulation.

(17) In order to ensure uniform conditions for the implementation of the provisions of this Regulation relating to transfer operations, caging operations and recording and reporting of trap and vessel activities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(10).

(18) Certain provisions of Regulation (EC) No 302/2009 have become obsolete, in particular since they are now covered by other Union acts. Other provisions should be updated in order to reflect changes in legislation, in particular those resulting from the adoption of Regulation (EU) No 1380/2013.

(19) In particular, Council Regulation (EC) No 1224/2009(11) establishes a Union system for control, inspection and enforcement with a global and integrated approach so as to ensure compliance with all the rules of the CFP, and Commission Implementing Regulation (EU) No 404/2011(12) lays down detailed rules for the implementation of Regulation (EC) No 1224/2009. Council Regulation (EC) No 1005/2008(13) establishes a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. Those acts now cover some matters governed by Regulation (EC) No 302/2009 and, in particular, Article 33 thereof on enforcement measures and Annex VIII on vessel monitoring system (VMS) transmission. It is therefore not necessary to include those provisions in this Regulation.

(20) In accordance with Implementing Regulation (EU) No 404/2011, the conversion factors adopted by the SCRS apply to calculate the equivalent round weight of processed bluefin tuna, including for the purpose of this Regulation.

(21) Moreover, in accordance with Article 95 of Regulation (EC) No 1224/2009, Commission Implementing Decision 2014/156/EU(14) has been adopted. That Implementing Decision establishes, inter alia, target benchmarks and objectives for the control of the bluefin tuna fishery in the eastern Atlantic and the Mediterranean.

(22) ICCAT Recommendation 06-07 set up a sampling programme for the estimation of the number-at-size in the context of bluefin tuna farming activities. That provision was implemented by Article 10 of Regulation (EC) No 302/2009. It is not necessary that this Regulation specifically provides for the sampling programme, as the needs of that sampling programme are now fully covered by the programmes set up by paragraph 83 of Recommendation 14-04, which is to be implemented by this Regulation.

(23) For reasons of clarity, simplification and legal certainty, Regulation (EC) No 302/2009 should therefore be repealed.

(24) For the purpose of the Union's compliance with its international obligations under the Convention, Delegated Regulation (EU) 2015/98 provides for derogations from the landing obligation for bluefin tuna set out in Article 15 of Regulation (EU) No 1380/2013. Delegated Regulation (EU) 2015/98 implements certain provisions of ICCAT Recommendation 13-07 that establish a discard and release obligation for vessels and traps catching bluefin tuna in the eastern Atlantic and the Mediterranean in certain cases. This Regulation therefore does not need to cover such discard and release obligations and will consequently be without prejudice to the corresponding provisions of Delegated Regulation (EU) 2015/98,

HAVE ADOPTED THIS REGULATION:

CHAPTER IU.K.GENERAL PROVISIONS

Article 1U.K.Subject matter and scope

1.This Regulation [F1specifies rules in relation to the management of bluefin tuna (Thunnus thynnus) fishing by fishing boats in waters of the United Kingdom zone and by UK fishing boats in waters of the ICCAT Convention area].

F22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Article 2U.K.Objective

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

Textual Amendments

[F4Article 3U.K.Definitions

In this Regulation—

  • “bluefin tuna catch document” has the same meaning as in Article 2 of Regulation (EU) No 640/2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus;

  • “catch quota” has the same meaning as in section 52 of the Fisheries Act 2020 but where the term is used in relation to a specific UK fishing boat it is to be interpreted as a reference to the particular amount of catch quota available for use by that fishing boat either as a result of the distribution of catch quota to a specific fishing boat by the boat’s fisheries authority or as a result of catch quota being available to a particular group of fishing boats or to fishing boats fishing with particular gear;

  • “contracting party” means a contracting party to the International Convention for the Conservation of Atlantic Tunas, other than the United Kingdom, or a non-contracting cooperating party to the Convention;

  • “designated port” means a port or place close to the shore designated under Article 30(1) or designated by a contracting party;

  • “fisheries authority” means either the Marine Management Organisation, the Scottish Ministers, the Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (collectively “the fisheries authorities”) and where the term is used in respect of—

    (a)

    a particular port or place, it means, for a port or place—

    (i)

    in Scotland or in the Scottish zone, the Scottish Ministers,

    (ii)

    in Wales or in the Welsh zone, the Welsh Ministers,

    (iii)

    in Northern Ireland or in the Northern Ireland zone, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, or

    (iv)

    in England or in the United Kingdom zone excluding any of the zones mentioned in paragraphs (i), (ii) or (iii), the Marine Management Organisation;

    (b)

    a UK fishing boat, it means the fisheries authority that granted the boat’s licence under section 15 of the Fisheries Act 2020 (and the term “licensed” is interpreted accordingly) which, for a UK fishing boat registered to a port—

    (i)

    in England, means the Marine Management Organisation;

    (ii)

    in Scotland, means the Scottish Ministers;

    (iii)

    in Wales, means the Welsh Ministers;

    (iv)

    in Northern Ireland, means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland,

    and any reference to a fisheries authority carrying out a particular function is to be interpreted as including any person or body to whom the fisheries authority has delegated the function in question;

  • “fishing boat” has the same meaning as in section 52 of the Fisheries Act 2020;

  • “ICCAT” means the International Commission for the Conservation of Atlantic Tunas;

  • “ICCAT authorised fishing boat” means a fishing boat which is included on the ICCAT record of fishing vessels fishing actively for bluefin tuna in the ICCAT Convention area, as amended from time to time, and “ICCAT authorised UK fishing boat” means a UK fishing boat which is included on that record;

  • “ICCAT Convention area” means the area covered by the International Convention for the Conservation of Atlantic Tunas;

  • “the Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998;

  • “purse seiner” means a fishing boat that uses a purse seine and “purse seine” has the same meaning as in Article 6 of Regulation 2019/1241;

  • “recreational fishing boat” means a fishing boat used wholly for the purpose of conveying persons wishing to fish for pleasure;

  • “Regulation 1224/2009” means Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy;

  • “Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures;

  • “Regulation 1380/2013” means Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy;

  • “season” means the bluefin tuna fishing season specified in the relevant bluefin tuna fishing plan submitted by the Secretary of State to, and endorsed by, ICCAT;

  • “the Scottish zone” has the same meaning as in the Scotland Act 1998;

  • “UK fishing boat” has the same meaning as in section 52 of the Fisheries Act 2020;

  • “the United Kingdom zone” means the sea within British fishery limits but excluding the area of the sea within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured;

  • “the Welsh zone” has the same meaning as in the Government of Wales Act 2006.

Textual Amendments

Article 3AU.K.General prohibitions: UK boats, bluefin tuna traps and farming

1.In waters of the ICCAT Convention area, it is prohibited for a UK boat to be used for the purposes of the commercial exploitation of bluefin tuna resources unless the boat is a UK fishing boat which is—

(a)in possession of a valid licence granted under section 15 of the Fisheries Act 2020, and

(b)not—

(i)a processing boat,

(ii)used for the purposes of towing a live bluefin tuna cage or for transporting bluefin tuna to or from a live bluefin tuna cage, or

(iii)used for the purposes of operating a bluefin tuna trap or transporting bluefin tuna from a bluefin tuna trap.

2.The use of bluefin tuna traps is prohibited in waters of the United Kingdom zone.

3.Bluefin tuna farming is prohibited in waters of the United Kingdom zone.

4.In this Article—

  • “bluefin tuna trap” means fixed gear anchored to the sea bed, usually containing a guide net that leads bluefin tuna into an enclosure or series of enclosures where it is kept prior to harvesting;

  • “the commercial exploitation of bluefin tuna resources” does not include the transportation of bluefin tuna products by container vessels;

  • “farming” means the caging of bluefin tuna in farms and the subsequent feeding with the aim of increasing their total biomass; and for this purpose “farm” means an installation used for farming bluefin tuna caught by fishing boats or by bluefin tuna traps;

  • “a processing boat” means a boat where fisheries products caught by other vessels, or by bluefin tuna traps, are subject to one or more of the following operations on board: filleting or slicing, freezing and/or processing; and for this purpose “processing” has the same meaning as in section 52 of the Fisheries Act 2020;

  • “UK boat” means a powered boat—

    (a)

    which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, or

    (b)

    which is British-owned (within the meaning of section 52 of the Fisheries Act 2020).

Textual Amendments

Article 3BU.K.ICCAT / UK bluefin tuna research programmes

The provisions of this Regulation do not apply to a fishing boat whilst it is actively participating in a bluefin tuna scientific research programme where—

(a)the programme has been formally approved by ICCAT and the fishing boat—

(i)is specified by ICCAT as participating in the programme,

(ii)has obtained prior permission from the fisheries authority responsible for the waters in which it intends to carry out the research activities, for the dates, times and research activities in question, and

(iii)complies with all requirements placed on it by the fisheries authority referred to in paragraph (ii) as a condition of the permission granted under that paragraph, or

(b)the programme is a tag and release programme for recreational fishing boats adopted by one of the fisheries authorities and the fishing boat—

(i)is authorised by the fisheries authority for the dates, times and research activities in question, and

(ii)complies with all requirements placed on it by the fisheries authority in question.]

Textual Amendments

Article 4U.K.Length of vessels

Lengths of vessels referred to in this Regulation shall be understood as overall lengths.

CHAPTER IIU.K.MANAGEMENT MEASURES

[F5Article 5U.K.Prohibition on chartering for bluefin tuna fishing

1.A chartered UK fishing boat must not target bluefin tuna in the ICCAT Convention area.

2.The prohibition in paragraph 1 does not apply in relation to a chartered recreational fishing boat which is used in accordance with any requirements set out in Chapter IV.]

Textual Amendments

Article 6U.K.Submission of annual fishing plans [F6and] fishing capacity management plans F7...

1.By [F815 February] each year, [F9the Secretary of State must transmit to the ICCAT Secretariat]:

(a)an annual fishing plan for F10... bluefin tuna [F11fishing by UK fishing boats in the ICCAT Convention area] F12...;

(b)an annual fishing capacity management plan [F13detailing the United Kingdom bluefin tuna] fishing capacity [F14and how this] is commensurate with [F15the United Kingdom’s ICCAT] allocated [F16bluefin tuna] quota.

F172.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F19Article 7U.K.Annual fishing plans

1.Where the Secretary of State has submitted a bluefin tuna fishing plan to ICCAT in respect of a particular fishing season, the fisheries authorities must, jointly, manage their fisheries and the UK fishing boats they have licensed in a manner which is consistent with the plan, once endorsed by ICCAT.]

Textual Amendments

F20Article 8U.K.Allocation of fishing opportunities

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

Textual Amendments

F20Article 9U.K. Annual fishing capacity management plans

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

Textual Amendments

F20Article 10U.K. Annual farming management plans

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

Textual Amendments

CHAPTER IIIU.K.TECHNICAL MEASURES

F21SECTION 1U.K.Fishing seasons

Article 11U.K. Fishing seasons

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

Article 12U.K.Baitboats and trolling boats

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

Textual Amendments

SECTION 2U.K.Minimum conservation reference size, incidental catch, by-catch

Article 13U.K.The landing obligation

[F22Unless otherwise stated, the provisions of this Regulation are] without prejudice to Article 15 of Regulation F23... 1380/2013 F24....

Textual Amendments

Article 14U.K.Minimum conservation reference size

1.The minimum conservation reference size for bluefin tuna [F25specified in Part A of Annexes 5, 6 and 7 of Regulation 2019/1241 (north sea, north western waters and south western waters) also applies to all UK fishing boats fishing anywhere in the ICCAT Convention area].

F262.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F273.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F295.In derogation from Article 15(1) of Regulation 1380/2013 (landing obligation) and subject to paragraph 6, it is prohibited for any fishing boat fishing in waters of the United Kingdom zone or for a UK fishing boat fishing in waters of the ICCAT Convention area to target, retain on board, tranship or land any bluefin tuna which is below the minimum conservation reference size applied by Regulation 2019/1241 or by paragraph 1.

6.Paragraph 5 applies to an ICCAT authorised fishing boat with the exception that such a boat may retain on board, tranship or land incidental catches of bluefin tuna below the minimum conservation reference size referred to in that paragraph provided—

(a)no single bluefin tuna is retained on board which is below 8kg or which has a fork length of less than 75cm, and

(b)no more than 5%, in number of fish, of the total number of bluefin tuna retained on board the fishing boat at any time during each fishing trip are below that minimum conservation reference size.

7.Whether bluefin tuna caught below the minimum conservation reference size are discarded or retained on board, they must all be counted against catch quota.

8.In this Article “fork length” is measured in accordance with Annex 4 of Regulation 2019/1241.]

Textual Amendments

F30Article 15U.K.Incidental catches

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

Textual Amendments

[F31Article 16U.K. By-catches

1.By-catches of bluefin tuna caught by fishing boats in waters of the United Kingdom zone or by UK fishing boats in waters of the ICCAT Convention area must—

(a)where reasonably possible, in derogation from Article 15(1) of Regulation 1380/2013 (landing obligation), be returned alive unharmed to the sea, or

(b)for dead bluefin tuna retained on board, be stored clearly separate from any other fish species.

2.In derogation from Article 15(1) of Regulation 1380/2013, fishing boats fishing in waters of the United Kingdom zone or UK fishing boats fishing in waters of the ICCAT Convention area must not retain on board by-catches of bluefin tuna in excess of 20% of the live weight of total catches retained on board the fishing boat at the end of each fishing trip.

3.By-catches of bluefin tuna caught by UK fishing boats in the ICCAT Convention area which are retained on board must not be used for direct human consumption unless the boat is authorised to sell by-catches of bluefin tuna in its licence granted under section 15 of the Fisheries Act 2020 and sufficient catch quota is still available

4.Whether by-catches of bluefin tuna are discarded or retained on board, they must all be counted against catch quota.]

Textual Amendments

SECTION 3U.K.Use of aerial means

Article 17U.K.Use of aerial means

[F321.]The use of any aerial means, including aircraft, helicopters or any types of unmanned aerial vehicles for searching for bluefin tuna [F33in waters of the United Kingdom zone in order to assist a fishing boat with the targeting of bluefin tuna is] prohibited.

[F342.The use of such aerial means in waters outside of the United Kingdom zone but within the ICCAT Convention area is prohibited where such use is intended to assist a UK fishing boat with the targeting of bluefin tuna.]

Textual Amendments

[F35CHAPTER IVU.K.RECREATIONAL FISHERIES

Article 19AU.K.Interpretation

In this Chapter—

1.“British-owned” has the same meaning as in section 52 of the Fisheries Act 2020;

2.“Permit” means a permit granted under Article 19D in respect of a specified recreational UK fishing boat;

3.“Permit number” is interpreted in accordance with Article 19D(5);

4.“recreational UK fishing boat” means a recreational fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995;

5.“relevant permitting authority” means, in relation to an application for a Permit to authorise, or in relation to a Permit which authorises, fishing for bluefin tuna within—

(i)the Scottish zone, the Scottish Ministers;

(ii)the Welsh zone, the Welsh Ministers;

(iii)the Northern Ireland zone, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(iv)the United Kingdom zone excluding the zones mentioned in points (i), (ii) and (iii), the Marine Management Organisation;

6.“nominee” is interpreted in accordance with Article 19C(5).

Article 19BU.K.Prohibition on fishing without a Permit

1.Fishing for bluefin tuna within the United Kingdom zone is prohibited for any recreational fishing boat except for a recreational UK fishing boat where the fishing is—

(a)by rod and line fishing gear only, and

(b)authorised by a Permit.

2.Fishing for bluefin tuna outside the United Kingdom zone but within the ICCAT Convention area is prohibited for any recreational UK fishing boat or British-owned recreational fishing boat.

3.Where a bluefin tuna is caught by a—

(a)recreational fishing boat in the United Kingdom zone, or

(b)recreational UK fishing boat in the ICCAT Convention area or a British-owned recreational fishing boat in that area,

paragraph 4 applies in relation to the fish whether the fishing was authorised by a Permit or otherwise.

4.The fish referred to in paragraph 3 must—

(a)where reasonably possible, be released unharmed,

(b)not be intentionally removed from the sea,

(c)not be transferred to any other vessel, and

(d)not be retained on board or landed.

5.Fishing for bluefin tuna from the shore in the United Kingdom is prohibited.

6.Where a bluefin tuna is accidentally caught when fishing from the shore in the United Kingdom the fish must, where reasonably possible, be released unharmed and must not be intentionally removed from the sea.

7.In paragraph 4(c) “transferred” includes the transfer of a fish whilst it remains in the water to enable the receiving vessel to remove the fish from the water.

Article 19CU.K.Permit applications

1.Each relevant permitting authority may, for any season or future seasons, decide—

(a)not to accept any applications for the grant of a Permit;

(b)to only accept applications for the grant of a Permit from applicants, or in relation to fishing boats or intended fishing operations, which meet specified criteria intended to contribute to the achievement of the fisheries objectives (within the meaning of section 1(1) of the Fisheries Act 2020);

(c)to set a maximum number of Permits the authority will grant.

2.Where a relevant permitting authority invites applications (or invites applications meeting certain criteria) for Permits for a season or seasons, the owner of a recreational UK fishing boat (“the owner”) may apply to the relevant permitting authority for a Permit in respect of the boat.

3.An application under paragraph 2 must—

(a)comply with any application criteria the relevant permitting authority may specify,

(b)be in writing and in such form as the relevant permitting authority may require, and

(c)specify—

(i)the name and address of the owner,

(ii)the name and address of the operator,

(iii)the name of, and any previous names of, the relevant fishing boat, and

(iv)details of the boat’s registration under Part 2 of the Merchant Shipping Act 1995.

4.A relevant permitting authority may—

(a)require an application to contain such other information as the authority considers necessary;

(b)upon receipt of an application, require the owner to provide such further information or furnish such documents as the authority considers necessary to determine the application.

5.The owner may appoint a nominee to receive a Permit or any notice in relation to a Permit on the owner’s behalf provided the nominee is either—

(a)an individual resident in the United Kingdom, or

(b)a body incorporated in, and which has a place of business in, the United Kingdom.

6.An appointment under paragraph 5 must be in writing and in such form as the relevant permitting authority may require.

Article 19DU.K.Power to grant Permits for recreational UK fishing boats

1.A relevant permitting authority may grant or refuse an application it has received under Article 19C (“the application”) in accordance with the requirements of this Article.

2.The relevant permitting authority—

(a)may grant the application only if the authority is satisfied it is appropriate to do so having regard to—

(i)the relevant bluefin tuna fishing plan submitted by the Secretary of State to, and endorsed by, ICCAT, and

(ii)the catch quota for bluefin tuna;

(b)must refuse the application where it does not meet the requirements of this Chapter or comply with any application criteria the authority specified;

(c)may refuse the application on grounds related to—

(i)safety;

(ii)the conservation or welfare of sea fish, mammals, birds, the marine environment or ecosystem;

(iii)any other matter where, in the authority’s opinion, it would not be appropriate to grant the application.

3.Where a relevant permitting authority specifies a maximum number of Permits to be granted for a season or seasons and the authority receives a greater number of applications than the maximum number, the authority may use such criteria as it deems appropriate, including a means of random selection, to rank applications and once the authority has granted the maximum number of Permits may refuse the remaining applications for that reason alone.

4.A Permit granted under this Article—

(a)must be granted—

(i)to the owner of the recreational UK fishing boat named in the application and only authorise bluefin tuna fishing—

(aa)by that boat, which must be named in the Permit, and

(bb)with rod and line fishing gear,

(ii)for a defined period, and

(iii)for a particular area which, where the relevant permitting authority is—

(aa)the Scottish Ministers, may be the Scottish zone or any part or parts of it;

(bb)the Welsh Ministers, may be the Welsh zone or any part or parts of it;

(cc)the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, may be the Northern Ireland zone or any part or parts of it;

(dd)the Marine Management Organisation, may be the United Kingdom zone or any part or parts of it excluding the zones mentioned in sub-paragraphs (aa), (bb) and (cc);

(b)is not transferable to another person;

(c)may not be used in respect of another fishing boat;

(d)may be granted so as to confer limited authority by reference, in particular, to—

(i)the area in which fishing is authorised;

(ii)the periods, times or particular trips during which fishing is authorised;

(iii)the number of fish which may be caught;

(iv)the method of fishing.

5.Each Permit granted must be assigned a unique number (the “Permit number”) which must be recorded on the Permit.

6.The relevant permitting authority may on granting a Permit under this Article attach to the Permit conditions on its use covering any of the following matters—

(a)any areas in which fishing is not permitted;

(b)any periods, times or particular trips during which fishing is not permitted;

(c)the number of fish which may be targeted or caught;

(d)fishing methods and gear types;

(e)the conservation or welfare of sea fish, mammals, birds, the marine environment or ecosystem;

(f)reporting requirements, including methods and frequency of reporting.

7.In paragraph 4(a)(ii) a Permit is granted for a “defined period” where it is granted by reference to—

(a)specified start and end dates;

(b)a particular season or part of a season;

(c)a future season, the dates of which are to be determined and notified to the owner.

Article 19EU.K.Power to vary, suspend or revoke Permits

1.A relevant permitting authority may from time to time—

(a)vary a Permit it has granted so as to alter the authority the Permit confers;

(b)add, remove or vary a condition attached to a Permit it has granted.

2.A relevant permitting authority may suspend or revoke a Permit it has granted if the authority considers this to be—

(a)necessary or expedient in relation to—

(i)the conservation or welfare of sea fish, mammals, birds, the marine environment or ecosystem,

(ii)the catch quota for bluefin tuna, or

(iii)the regulation of bluefin tuna fishing, or

(b)appropriate where the fishing boat named in the Permit has changed ownership or been involved in an offence, or suspected offence, under this Regulation.

3.Where a relevant permitting authority varies, suspends or revokes a Permit it has granted, or adds, removes or varies a condition attached to such a Permit, it must do so by notice in accordance with Article 19F.

Article 19FU.K.Permits and notices

1.A Permit granted under Article 19D must be given to the appropriate recipient by—

(a)transmitting it by means of electronic communication,

(b)posting it to the appropriate recipient at their address or place of business,

(c)personally delivering it to the appropriate recipient, or

(d)leaving it at the appropriate recipient’s address or place of business, or in the hands of a person there.

2.A notice must be given to the appropriate recipient by—

(a)any of the methods specified in paragraph 1, or

(b)publishing the notice on a website, the address of which is specified in the Permit to which the notice relates.

3.A Permit or notice is deemed given—

(a)where the Permit or notice is transmitted by means of electronic communication in accordance with the relevant permitting authority’s records, 24 hours after the time of transmission;

(b)where the Permit or notice is posted in accordance with the relevant permitting authority’s records, at the start of the first working day which falls at least 48 hours after it was posted;

(c)where the Permit or notice is delivered personally to the appropriate recipient, at the time at which it is delivered;

(d)where the Permit or notice is left at the relevant address or place of business, or in the hands of a person there, in accordance with the relevant permitting authority’s records, 24 hours after the time it was left;

(e)in the case of a notice which is published on a website, at the time at which it is published.

5.A Permit or notice takes effect at the later of—

(a)any time specified for this purpose in the Permit or notice, or

(b)in the case of—

(i)a Permit, the time at which it is deemed given;

(ii)a notice, 24 hours after the time at which it is deemed given.

6.In this Article—

(a)“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000;

(b)“the appropriate recipient” means the owner of the fishing boat named in the Permit or, where the owner has appointed a nominee, the nominee;

(c)“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day on which it is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom that the Permit or notice was posted to.

Article 19GU.K.Reporting obligations

1.On each fishing trip where a recreational UK fishing boat carries out bluefin tuna fishing authorised by a Permit, the master of the boat must (whether any bluefin tuna are caught during the trip or not) maintain a record of—

(a)the number of bluefin tuna caught,

(b)the length of each fish caught, and

(c)whether the fish was released alive or dead.

2.Within 24 hours of the end of each fishing trip referred to in paragraph 1, the master must notify the following information to the relevant permitting authority—

(a)the name of the recreational UK fishing boat,

(b)the Permit number,

(c)the date of the fishing trip,

(d)the master’s name and address, and

(e)the information specified in points (a) to (c) of paragraph 1.]

Textual Amendments

CHAPTER VU.K.CONTROL MEASURES

SECTION 1U.K.Records of vessels and traps

F36Article 20U.K.Records of vessels

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Textual Amendments

Article 21U.K.Relationship with Regulation (EC) No 1224/2009

The control measures provided for in this Chapter shall apply in addition to those provided for in Regulation F37...1224/2009, except where otherwise provided for in this Chapter.

Textual Amendments

F38Article 22U.K.Fishing authorisations for vessels

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Textual Amendments

F39Article 23U.K.Records of traps authorised to fish for bluefin tuna

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Textual Amendments

[F40Article 24U.K.Joint fishing operations

1.It is prohibited for a UK fishing boat to take part in a joint fishing operation for bluefin tuna in the ICCAT Convention area—

(a)with any other fishing boat other than one or more UK fishing boat(s); and

(b)without the prior consent of the boat’s fisheries authority in accordance with this Article.

2.A UK fishing boat wishing to take part in a joint fishing operation with one or more other UK fishing boat(s) in the ICCAT Convention area must, using the form specified in Annex 6, apply to its fisheries authority at least 14 days prior to the commencement of the bluefin tuna fishing season with the following information—

(a)the duration of the proposed joint fishing operation,

(b)the details of each UK fishing boat intending to take part in the operation and each boat’s bluefin tuna catch quota, and

(c)the allocation agreement between the UK fishing boats for any catches.

3.In this Article “joint fishing operation” means any operation between two or more purse seiners where the catch of one purse seiner is attributed to one or more other purse seiners in accordance with an allocation agreement.]

Textual Amendments

SECTION 2U.K.Catches

[F41Article 24AU.K.Separate recording and reporting requirements for recreational fisheries

The provisions of this Section do not apply to recreational fishing boats.]

Textual Amendments

Article 25U.K.Recording requirements

1.In addition to complying with Articles 14, 15, 23 and 24 of Regulation F42...1224/2009, the master of a [F43UK fishing boat must], if applicable, enter into the logbook the information listed in Part A of Annex II to this Regulation.

F442.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 26U.K.Catch reports sent by masters F45...

1.Masters of [F46UK fishing boats] fishing actively for bluefin tuna shall send to [F47the boat’s fisheries authority] daily information from logbooks, including the ICCAT register number, the vessel name, the beginning and end of the period of authorisation, date, time, location (latitude and longitude) and the weight and number of bluefin tuna caught in the [F48ICCAT] Convention area. They shall send that information electronically in the format [F49requested by the relevant fisheries authority].

2.Masters of purse seiners shall produce daily reports as referred to in paragraph 1 on a fishing operation by fishing operation basis, including operations where the catch was zero.

[F503.The reports referred to in paragraphs 1 and 2 must be transmitted to the relevant fisheries authority

(a)in the case of purse seiners and boats over 24 metres in length, on a daily basis by 9:00am for the preceding day, and

(b)in the case of any other fishing boats, on a weekly basis by midday on Tuesday for the preceding week ending at midnight on Sunday.]

F514.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F525.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Article 27U.K.Weekly and monthly catch reports sent by the Member States

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Textual Amendments

F54Article 28U.K.Information on quota exhaustion

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Textual Amendments

F55Article 29U.K.Yearly reporting of catches by the Member States

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Textual Amendments

SECTION 3U.K.Landings and transhipments

Article 30U.K.Designated ports

1.[F56[F57Each fisheries authority] must] designate ports or places close to the shore (designated ports) where landing or transhipping operations of bluefin tuna are permitted.

2.For [F58each] designated port, [F59[F60the fisheries authority] must] specify permitted landing and transhipping times and places [F61and establish appropriate inspection and surveillance procedures in relation to such times and places].

F623.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F634.It is prohibited for—

(a)a fishing boat to land or tranship any quantity of bluefin tuna at any place in the United Kingdom or the United Kingdom zone other than at a designated port;

(b)a UK fishing boat to land or tranship any quantity of bluefin tuna at any place other than at a designated port.]

Textual Amendments

Article 31U.K.Landings

1.Article 17 of Regulation F64... 1224/2009 [F65applies] to masters of [F66ICCAT authorised UK fishing boats] of 12 metres' length overall or more F67.... The prior arrival notification under Article 17 of Regulation F64... 1224/2009 [F68must] be sent to the [F69fisheries authority for the port] or [F70the competent authority of the contracting party] whose ports or landing facility they wish to use.

2.In addition, masters of [F71ICCAT authorised UK fishing boats] under 12 metres' length overall [F72must], at least four hours before the estimated time of arrival at the port, notify the [F73fisheries authority for the port] or the [F74competent authority of the contracting party] whose ports or landing facility they wish to use, at least of the following:

(a)estimated time of arrival;

(b)estimated quantity of bluefin tuna retained on board; and

(c)information on the geographical area where the catches were taken.

3.Where [F75a fisheries authority applies a shorter notification period by virtue of regulations made under Article 17(6) of Regulation 1224/2009, instead of the notification periods specified in paragraphs 1 and 2] the estimated quantities of bluefin tuna retained on board may be notified [F76in accordance with the shorter notification period] prior to arrival. If the fishing grounds are less than four hours from the port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.

[F774.The fisheries authority for a United Kingdom port must keep a record of all prior notifications for a period of at least one year from the date of the notification.]

5.All landings [F78of bluefin tuna at United Kingdom designated ports must] be controlled, in accordance with Article 55(2), by the [F79fisheries authority for the port] and a percentage [F80must] be inspected based on a risk assessment system [F81specified in the relevant bluefin tuna fishing plan submitted by the Secretary of State to, and endorsed by, ICCAT prior to the start of the annual fishing season]. F82...

6.In addition to Article 23(1) of Regulation F83... 1224/2009, after each trip, [F84the master of an ICCAT authorised UK fishing boat], whatever the length of the vessel, [F85must] submit a landing declaration to [F86—

(a)the boat’s fisheries authority or the fisheries authority for the port of landing, or

(b)if the landing has taken place in a port of a contracting party, the boat’s fisheries authority and to the competent authority of the port State.]

[F877.The fisheries authority for a UK designated port must ensure that all catches of bluefin tuna landed at the port are weighed upon landing.]

Textual Amendments

Article 32U.K.Transhipment

1.[F88It is prohibited for a UK fishing boat to tranship] bluefin tuna in the [F89ICCAT] Convention area [F90unless at a designated port].

F912.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F923.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F933A.It is prohibited for a UK fishing boat to tranship bluefin tuna at a designated port without the prior authorisation of the boat’s fisheries authority.]

4.[F94For any transhipment operations at a UK designated port or involving a UK fishing boat at a designated port outside of the UK], the masters or representatives of the receiving fishing vessels [F95must], at least [F9672] hours before the estimated time of arrival, provide the [F97fisheries authority for the designated port or the competent authority of the contracting party] whose port they want to use with the [F98information required by the transhipment declaration set out in Annex 3.] F99. . .

F1005.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1016.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.All transhipments [F102at a designated port in the United Kingdom must] be inspected by the [F103fisheries authority for the port which must]:

(a)inspect the receiving fishing vessel on arrival and check the cargo and documentation related to the transhipment operation;

(b)send a record of the transhipment to the flag State authority of the transhipping fishing vessel, within five days after the transhipment has ended.

8.By way of derogation from Articles 21 and 22 of Regulation F104... 1224/2009, [F105the master of a UK fishing boat which has transhipped any quantity of bluefin tuna must], whatever the length of the vessel, complete and send the ICCAT transhipment declaration to the [F106boat’s fisheries authority in the format specified in Annex 3 and within 5 days of the date of the transhipment]. [F107The master must link the transhipment declaration with the relevant electronic bluefin tuna catch document for the bluefin tuna in question.]

Textual Amendments

SECTION 4U.K.Transfer operations

F108Article 33U.K.Transfer authorisation

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Textual Amendments

F108Article 34U.K.Refusal of transfer authorisation

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Textual Amendments

F108Article 35U.K.Monitoring by video camera

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Textual Amendments

F108Article 36U.K.Verification by ICCAT regional observers and launching and conduct of investigation

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Textual Amendments

F108Article 37U.K.Measures to estimate the number and weight of bluefin tuna to be caged

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Textual Amendments

F108Article 38U.K.Transfer declaration

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Textual Amendments

F108Article 39U.K.Implementing acts

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Textual Amendments

SECTION 5U.K.Caging operations

F109Article 40U.K.Caging authorisation

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Textual Amendments

F109Article 41U.K.Refusal of caging authorisation

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Textual Amendments

F109Article 42U.K.Bluefin tuna catch documentation

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Textual Amendments

F109Article 43U.K.Inspections

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Textual Amendments

F109Article 44U.K.Monitoring by video camera

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Textual Amendments

F109Article 45U.K.Launching and conduct of investigations

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Textual Amendments

F109Article 46U.K.Measures and programmes to estimate the number and weight of bluefin tuna to be caged

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Textual Amendments

F109Article 47U.K.Caging report

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Textual Amendments

F109Article 48U.K.Implementing acts

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Textual Amendments

SECTION 6U.K.Monitoring and surveillance

[F110Article 49U.K.Vessel monitoring system

1.Where an ICCAT authorised UK fishing boat is required under Article 9(2) of Regulation 1224/2009 to have installed on board a vessel monitoring system (“VMS”), in addition to any requirements specified in relation to the VMS of that boat under Regulation 1224/2009 the following requirements apply—

(a)the boat must begin transmission of VMS data at least 5 days prior to the start of the season for which it is an ICCAT authorised fishing boat and continue such transmission until at least 5 days after the end of that season;

(b)the boat must not interrupt transmission of VMS data when in port;

(c)where the boat is a purse seiner, the frequency of transmission of VMS data must be at least once every hour.]

Textual Amendments

Article 50U.K.National observer programme

[F1111.A fisheries authority which has one or more ICCAT authorised UK fishing boat in the fleet of UK fishing boats it has licensed must, jointly with any other fisheries authority that has such a fishing boat in its licensed fleet, establish a United Kingdom observer programme for ICCAT authorised UK fishing boats. Those authorities must jointly put in place the provisions necessary to ensure appropriate observer coverage is maintained across the fleet of ICCAT authorised UK fishing boats in any given fishing season having regard to minimum observer requirements specified by ICCAT.]

F1122.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1123.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1137.An ICCAT authorised UK fishing boat must, when requested by the boat’s fisheries authority in relation to a specific fishing trip, allow a UK observer on board for the duration of the trip.

8.Where a UK observer is on board a UK fishing boat, the master and crew must, so far as practicable taking into account the safety of the boat and its crew, provide reasonable assistance to the observer to enable the observer to carry out their duties. The master, owner or crew of a UK fishing boat must not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe a UK observer in relation to the performance of their duties.

9.In this Article “a UK observer” means an observer appointed by a fisheries authority for the purpose of monitoring the compliance of a UK fishing boat with the requirements of this Regulation.]

Textual Amendments

Article 51U.K.ICCAT regional observer programme

F1141.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1152.Where a fisheries authority has licensed an ICCAT authorised UK fishing boat and that boat is also a purse seiner, the fisheries authority must take steps to ensure that an ICCAT regional observer is present on board the boat for all fishing operations in the ICCAT Convention area.]

[F1153.An ICCAT authorised UK fishing boat which is also a purse seiner is prohibited from fishing in the ICCAT Convention area without an ICCAT regional observer on board.]

F1164.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1175.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1186.Where an ICCAT regional observer is on board a UK fishing boat, the master and crew must, so far as practicable taking into account the safety of the boat and its crew, provide reasonable assistance to the observer to enable the observer to carry out their duties. The master, owner or crew of a UK fishing boat must not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an ICCAT regional observer in relation to the performance of their duties.

7.In this Article “ICCAT regional observer” means an observer appointed by ICCAT under the terms of the ICCAT regional observer programme.]

Textual Amendments

SECTION 7U.K.Inspections and cross-checks

[F119Article 52U.K.ICCAT Scheme of Joint International Inspection

1.Where an ICCAT authorised UK fishing boat is fishing for bluefin tuna in the ICCAT Convention area but outside British fishery limits, the boat may be inspected by an ICCAT inspection vessel.

2.Where an ICCAT inspection vessel requests an inspection under paragraph 1, the master of the UK fishing boat must, where it is safe to do so, comply with all reasonable requests of the ICCAT inspection vessel in order to facilitate an inspection of the boat.

3.Where an inspector from an ICCAT inspection vessel boards an ICCAT authorised UK fishing boat, the master and crew must, so far as practicable taking into account the safety of the boat and its crew, provide reasonable assistance to the inspector to enable the inspection. The master, owner or crew of an ICCAT authorised UK fishing boat must not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an inspector from an ICCAT inspection vessel in relation to the performance of their duties.

4.In this Article an “ICCAT inspection vessel” means a vessel designated by ICCAT as an inspection vessel under the ICCAT scheme of joint international inspection.]

Textual Amendments

F120Article 53U.K.Transmission of inspection plans

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Textual Amendments

F121Article 54U.K.Inspections in case of infringements

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Textual Amendments

Article 55U.K.Cross-check

1.Each [F122fisheries authority must] verify, including by using inspection reports, observer reports and [F123vessel monitoring system] data, the submission of logbooks and relevant information recorded in the logbooks of [F124any ICCAT authorised UK fishing boat it has licensed], [F125as well as any] transhipment documents and [F126bluefin tuna catch documents] F127....

2.Each [F128fisheries authority must] carry out cross-checks on all landings [F129and transhipments of bluefin tuna at United Kingdom designated ports] between the quantities by species recorded in the F130...logbook or quantities by species recorded in the F131...transhipment declaration and the quantities recorded in the landing declaration F132..., and any other relevant document, such as an invoice and/or sales notes F133....

Textual Amendments

SECTION 8U.K.Marketing

F134Article 56U.K.Marketing measures

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Textual Amendments

[F135CHAPTER 5AU.K.OFFENCES, PENALTIES AND ENFORCEMENT

Article 56AU.K.Offences

1.A person who—

(a)contravenes a restriction or prohibition in Article 3A(2) or (3), 16(3), 17, [F13619B(5) or (6),] 50(8), 51(6) or 52(3);

(b)fails to comply with an obligation in Article 25(1), 26(1) or (2), 31(1) or (2), 32(8), 50(8), 51(6) or 52(2) or (3) [F137;]

[F138(c)for the purpose of obtaining a Permit under Chapter 4, provides information which the person knows to be false in a material respect or recklessly provides information which is false in a material respect,]

is guilty of an offence.

2.Where—

(a)a UK boat is used for the commercial exploitation of bluefin tuna in contravention of Article 3A(1);

(b)a fishing boat—

(i)is used in contravention of a restriction in Article 3A(2), 5(1), 14(5) or (6), 16(2) or (3), 24(1), 30(4), 32(1) or (3A) or 51(3);

(ii)fails to comply with an obligation in Article 16(1), 31(6), 32(4), 49 or 50(7),

the master, the owner and the charterer (if any) are each guilty of an offence.

[F1393.Where—

(a)a fishing boat is used to fish in contravention of Article 19B(1) or (2),

(b)paragraph 4 of Article 19B applies to a bluefin tuna and—

(i)the obligation in point (a) of that paragraph to, where reasonably possible, release the fish unharmed is not complied with, or

(ii)in contravention of point (b), (c) or (d) of that paragraph, the fish is removed from the sea, transferred, retained on board or landed,

(c)a condition attached to a Permit under Article 19D(6) is breached, or

(d)a master fails to comply with an obligation in Article 19G,

the master and the owner are each guilty of an offence.]

Textual Amendments

Article 56BU.K.Offences by bodies corporate etc

1.Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—

(a)was committed with the consent or connivance of a person falling within paragraph 2, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2.The persons are—

(a)a director, manager, secretary or similar officer of the body corporate;

(b)any person purporting to act in such a capacity.

3.Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

4.Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—

(a)has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly.

Article 56CU.K.Penalties for offences

1.A person who commits an offence under this Regulation is liable—

(a)on summary conviction to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to a fine.

2.The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence.

3.Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment.

4.In paragraph 3 ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018.

Article 56DU.K.Enforcement

1.A British sea-fishery officer may seize any fish in respect of which an offence has been committed under this Regulation where the fish are on the fishing boat on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat.

2.For the purpose of enforcing the provisions of this Regulation, section 8 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers) has effect as it has effect in relation to the provisions mentioned in subsection (1) of that section.

3.A marine enforcement officer has an enforcement function in relation to any offence or suspected offence by any person under this Regulation.

4.Section 238 of the Marine and Coastal Access Act 2009 (enforcement of the fisheries legislation) applies in relation to the enforcement function conferred by paragraph 3 as it applies in relation to the enforcement of “the fisheries legislation” (as defined in that section).

5.In this Article—

  • ‘British sea-fishery officer’ means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;

  • ‘marine enforcement officer’ has the same meaning as in section 235(1) of the Marine and Coastal Access Act 2009.]

Textual Amendments

F140CHAPTER VIU.K.FINAL PROVISIONS

Article 57U.K.Evaluation

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Article 58U.K.Financing

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

Article 59U.K.Implementation

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

Article 60U.K.Repeal

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

Article 61U.K.Entry into force

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

Textual Amendments

This Regulation shall be binding in its entirety and directly applicable in all Member States.

F141ANNEX IU.K.Specific conditions applicable to the fisheries referred to in Article 14(2)

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

Textual Amendments

ANNEX IIU.K.Logbook requirements

A.CATCHING VESSELSU.K.

Minimum specifications for fishing logbooks:

1.

The logbook shall be numbered by sheet.

2.

The logbook shall be completed every day (midnight) or before port arrival.

3.

The logbook shall be completed in case of at-sea inspections.

4.

One copy of the sheets shall remain attached to the logbook.

5.

Logbooks shall be kept on board to cover a period of one year of operation.

Minimum standard information for fishing logbooks:

1.

Master's name and address.

2.

Dates and ports of departure, dates and ports of arrival.

3.

Vessel's name, register number, ICCAT number, international radio call sign and IMO number (if available).

4.

Fishing gear:

(a)

type FAO code;

(b)

dimension (e.g. length, mesh size, number of hooks).

5.

Operations at sea with one line (minimum) per day of trip, providing:

(a)

activity (e.g. fishing, steaming);

(b)

position: exact daily positions (in degree and minutes), recorded for each fishing operation or at midday when no fishing has been conducted during that day;

(c)

record of catches, including:

(1)

FAO code;

(2)

round (RWT) weight in kg per day;

(3)

number of pieces per day.

For purse seiners that should be recorded by fishing operation, including nil return.

6.

Master's signature.

7.

Means of weight measure: estimation, weighing on board.

8.

The logbook shall be kept in equivalent live weight of fish and shall mention the conversion factors used in the evaluation.

Minimum information for fishing logbooks in case of landing or transhipment:

1.

Dates and port of landing/transhipment.

2.

Products:

(a)

species and presentation by FAO code;

(b)

number of fish or boxes and quantity in kg.

3.

Signature of the master or vessel agent.

4.

In case of transhipment: receiving vessel name, its flag and ICCAT number.

F142...

Textual Amendments

F143...

Textual Amendments

F144...

Textual Amendments

F145...

Textual Amendments

ANNEX IIIU.K. ICCAT Transhipment Declaration

F146ANNEX IVU.K.

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

Textual Amendments

F147ANNEX VU.K.

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

Textual Amendments

ANNEX VIU.K.

Joint fishing operation
Flag StateVessel nameICCAT NoDuration of the operationIdentity of the operatorsVessel's individual quotaAllocation key per vesselFattening and farming farm destination
[F148UK]ICCAT No

Textual Amendments

Date …

Validation of the flag State …

F149ANNEX VIIU.K.ICCAT regional observer programme

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

Textual Amendments

F150ANNEX VIIIU.K.ICCAT scheme of joint international inspection

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

Textual Amendments

F151ANNEX IXU.K.Minimum standards for video recording procedures

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

Textual Amendments

F152ANNEX XU.K.Standards and procedures for the programmes and reporting obligations referred to in Article 46(2) to (7) and Article 47(1)

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

Textual Amendments

F153ANNEX XIU.K.Release protocol

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

Textual Amendments

F154ANNEX XIIU.K.Treatment of dead fish

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

Textual Amendments

F155ANNEX XIIIU.K.Correlation table

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

Textual Amendments

(2)

Position of the European Parliament of 23 June 2016 (not yet published in the Official Journal) and decision of the Council of 18 July 2016.

(3)

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(4)

International Convention for the Conservation of Atlantic Tunas (OJ L 162, 18.6.1986, p. 34).

(5)

Council Regulation (EC) No 1559/2007 of 17 December 2007 establishing a multi-annual recovery plan for bluefin tuna in the Eastern Atlantic and Mediterranean and amending Regulation (EC) No 520/2007 (OJ L 340, 22.12.2007, p. 8).

(6)

Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean, amending Regulation (EC) No 43/2009 and repealing Regulation (EC) No 1559/2007 (OJ L 96, 15.4.2009, p. 1).

(7)

Regulation (EU) No 500/2012 of the European Parliament and of the Council of 13 June 2012 amending Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (OJ L 157, 16.6.2012, p. 1).

(8)

Regulation (EU) No 544/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for Bluefin tuna in the eastern Atlantic and Mediterranean (OJ L 163, 29.5.2014, p. 7).

(9)

Commission Delegated Regulation (EU) 2015/98 of 18 November 2014 on the implementation of the Union's international obligations, as referred to in Article 15(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (OJ L 16, 23.1.2015, p. 23).

(10)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(11)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(12)

Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

(13)

Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

(14)

Commission Implementing Decision 2014/156/EU of 19 March 2014 establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea (OJ L 85, 21.3.2014, p. 15).

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