CHAPTER IGENERAL PROVISIONS

Article 1Subject 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.

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F3Article 2Objective

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F4Article 3Definitions

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—

  1. (i)

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

  2. (ii)

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

  3. (iii)

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

  4. (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—

  1. (i)

    in England, means the Marine Management Organisation;

  2. (ii)

    in Scotland, means the Scottish Ministers;

  3. (iii)

    in Wales, means the Welsh Ministers;

  4. (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.

Article 3AGeneral 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).

Article 3BICCAT / 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.

Article 4Length of vessels

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