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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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CHAPTER VU.K.CONTROL MEASURES

SECTION 1U.K.Records of vessels and traps

F1Article 20U.K.Records of vessels

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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 F2...1224/2009, except where otherwise provided for in this Chapter.

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F3Article 22U.K.Fishing authorisations for vessels

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F4Article 23U.K.Records of traps authorised to fish for bluefin tuna

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[F5Article 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

[F6Article 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 F7...1224/2009, the master of a [F8UK fishing boat must], if applicable, enter into the logbook the information listed in Part A of Annex II to this Regulation.

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Textual Amendments

Article 26U.K.Catch reports sent by masters F10...

1.Masters of [F11UK fishing boats] fishing actively for bluefin tuna shall send to [F12the 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 [F13ICCAT] Convention area. They shall send that information electronically in the format [F14requested 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.

[F153.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.]

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F18Article 27U.K.Weekly and monthly catch reports sent by the Member States

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F19Article 28U.K.Information on quota exhaustion

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F20Article 29U.K.Yearly reporting of catches by the Member States

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SECTION 3U.K.Landings and transhipments

Article 30U.K.Designated ports

1.[F21[F22Each 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 [F23each] designated port, [F24[F25the fisheries authority] must] specify permitted landing and transhipping times and places [F26and establish appropriate inspection and surveillance procedures in relation to such times and places].

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

[F284.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 F29... 1224/2009 [F30applies] to masters of [F31ICCAT authorised UK fishing boats] of 12 metres' length overall or more F32.... The prior arrival notification under Article 17 of Regulation F29... 1224/2009 [F33must] be sent to the [F34fisheries authority for the port] or [F35the competent authority of the contracting party] whose ports or landing facility they wish to use.

2.In addition, masters of [F36ICCAT authorised UK fishing boats] under 12 metres' length overall [F37must], at least four hours before the estimated time of arrival at the port, notify the [F38fisheries authority for the port] or the [F39competent 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 [F40a 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 [F41in 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.

[F424.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 [F43of bluefin tuna at United Kingdom designated ports must] be controlled, in accordance with Article 55(2), by the [F44fisheries authority for the port] and a percentage [F45must] be inspected based on a risk assessment system [F46specified 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]. F47...

6.In addition to Article 23(1) of Regulation F48... 1224/2009, after each trip, [F49the master of an ICCAT authorised UK fishing boat], whatever the length of the vessel, [F50must] submit a landing declaration to [F51—

(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.]

[F527.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.[F53It is prohibited for a UK fishing boat to tranship] bluefin tuna in the [F54ICCAT] Convention area [F55unless at a designated port].

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[F583A.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.[F59For 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 [F60must], at least [F6172] hours before the estimated time of arrival, provide the [F62fisheries authority for the designated port or the competent authority of the contracting party] whose port they want to use with the [F63information required by the transhipment declaration set out in Annex 3.] F64. . .

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7.All transhipments [F67at a designated port in the United Kingdom must] be inspected by the [F68fisheries 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 F69... 1224/2009, [F70the 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 [F71boat’s fisheries authority in the format specified in Annex 3 and within 5 days of the date of the transhipment]. [F72The 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

F73Article 33U.K.Transfer authorisation

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Textual Amendments

F73Article 34U.K.Refusal of transfer authorisation

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F73Article 35U.K.Monitoring by video camera

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F73Article 36U.K.Verification by ICCAT regional observers and launching and conduct of investigation

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Textual Amendments

F73Article 37U.K.Measures to estimate the number and weight of bluefin tuna to be caged

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F73Article 38U.K.Transfer declaration

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F73Article 39U.K.Implementing acts

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SECTION 5U.K.Caging operations

F74Article 40U.K.Caging authorisation

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Textual Amendments

F74Article 41U.K.Refusal of caging authorisation

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F74Article 42U.K.Bluefin tuna catch documentation

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F74Article 43U.K.Inspections

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F74Article 44U.K.Monitoring by video camera

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F74Article 45U.K.Launching and conduct of investigations

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Textual Amendments

F74Article 46U.K.Measures and programmes to estimate the number and weight of bluefin tuna to be caged

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Textual Amendments

F74Article 47U.K.Caging report

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F74Article 48U.K.Implementing acts

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SECTION 6U.K.Monitoring and surveillance

[F75Article 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

[F761.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.]

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[F787.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

F791.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F802.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.]

[F803.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.]

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F825.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F836.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

[F84Article 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

F85Article 53U.K.Transmission of inspection plans

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F86Article 54U.K.Inspections in case of infringements

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Textual Amendments

Article 55U.K.Cross-check

1.Each [F87fisheries authority must] verify, including by using inspection reports, observer reports and [F88vessel monitoring system] data, the submission of logbooks and relevant information recorded in the logbooks of [F89any ICCAT authorised UK fishing boat it has licensed], [F90as well as any] transhipment documents and [F91bluefin tuna catch documents] F92....

2.Each [F93fisheries authority must] carry out cross-checks on all landings [F94and transhipments of bluefin tuna at United Kingdom designated ports] between the quantities by species recorded in the F95...logbook or quantities by species recorded in the F96...transhipment declaration and the quantities recorded in the landing declaration F97..., and any other relevant document, such as an invoice and/or sales notes F98....

Textual Amendments

SECTION 8U.K.Marketing

F99Article 56U.K.Marketing measures

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