CHAPTER IIITECHNICAL MEASURES
SECTION 2Minimum conservation reference size, incidental catch, by-catch
Article 13The landing obligation
Article 14Minimum conservation reference size
1.
The minimum conservation reference size for bluefin tuna F4specified 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.
F52.
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F63.
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F74.
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F85.
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.
F9Article 15Incidental catches
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F10Article 16By-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.