OpenLegislation

Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish

EU Regulation No 1936/2001 · Adopted 27 September 2001 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Regulation (EC) No 1936/2001

of 27 September 2001

laying down control measures applicable to fishing for certain stocks of highly migratory fish

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commissionf1,

Having regard to the opinion of the European Parliamentf2,

Whereas:

(1)

The Community has since 14 November 1997 been a Contracting Party to the International Convention for the Conservation of Atlantic Tunasf3 (hereinafter referred to as the ICCAT Convention).

(2)

The ICCAT Convention provides a framework for regional cooperation on the conservation and management of resources of tuna and tuna-like fish in the Atlantic ocean and adjacent seas through an International Commission for the Conservation of Atlantic Tunas (hereinafter referred to as ICCAT), and the adoption of recommendations on conservation and management in the Convention area that become obligatory for Contracting Parties.

(3)

ICCAT has adopted a number of recommendations creating control and surveillance obligations, notably on the establishment and transmission of statistics, inspection in port, vessel surveillance by satellite, vessel observations and transhipments, and checks on non-contracting parties and on stateless vessels. These recommendations have become obligatory for the Community and should therefore be implemented.

(4)

Certain obligations have been transposed by Council Regulation (EC) No 1351/1999 of 21 June 1999 laying down certain control measures to ensure compliance with the measures adopted by ICCATf4 and into Article 22(1) of Council Regulation (EC) No 2742/1999 of 17 December 1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No 66/98f5. For reasons of clarity these measures should be incorporated in a single Regulation, repealing and replacing former Regulations.

(5)

For scientific research purposes masters of Community fishing vessels should be required to comply with the instructions of the ‘Operational manual for statistics and sampling of tuna and tuna-like fish in the Atlantic Ocean’ published by ICCAT.

(6)

The Community has approved the Agreement for the establishment of the Indian Ocean Tuna Commissionf6, (hereinafter referred to as IOTC). The Agreement provides a useful framework for strengthening international cooperation for the purpose of conserving and rationally utilising Indian Ocean tuna and related species, through creation of the IOTC and the adoption of recommendations on conservation and management in its area of competence that become binding on Contracting Parties. The Community should apply the control measures adopted by the IOTC.

(7)

The IOTC has adopted a recommendation on the recording and exchange of information on tropical tuna. This is binding on the Community, which should therefore implement it.

(8)

The Community has fishing interests in the Eastern Pacific and has initiated the procedure for accession to the Inter-American Tropical Tuna Commission, (hereinafter referred to as IATTC). Pending accession and in line with its cooperation requirement arising under the United Nations Convention on the Law of the Sea, it should apply the control measures adopted by the IATTC.

(9)

The Community, which has signed the Agreement on the International Dolphin Conservation Programmef7, has decided by Decision 1999/386/ECf8 to apply it provisionally pending its approval, and should therefore apply its control measures.

(10)

In order to ensure the respect of the applicable control measures of the IOTC, IATTC and of the Agreement on the International Dolphin Conservation Programme, Member States should take the necessary action.

(11)

Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyf9 applies to all fishing activities and all associated activities carried out on the territory and in the maritime waters subject to the sovereignty or jurisdiction of Member States, including those of Community fishing vessels operating in the waters of third countries or on the high seas, without prejudice to fishery agreements concluded between the Community and third countries or international conventions to which the Community is a Party.

(12)

The measures necessary for implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for exercise of implementing powers conferred on the Commissionf10,

HAS ADOPTED THISREGULATION:

Annotations to the whole text

Footnotes

f1

OJ C 62 E, 27.2.2001, p. 79.

f2

Opinion delivered on 28 February 2001 (not yet published in the Official Journal).

f3

OJ L 162, 18.6.1986, p. 34.

f4

OJ L 162, 26.6.1999, p. 6.

f5

OJ L 341, 31.12.1999, p. 1. Regulation as last amended by Regulation (EC) No 2765/2000 (OJ L 321, 19.12.2000, p. 5).

f6

OJ L 236, 5.10.1995, p. 24.

f7

OJ L 132, 27.5.1999, p. 1.

f8

OJ L 147, 12.6.1999, p. 23.

f9

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2846/98 (OJ L 358, 31.12.1998, p. 5).

f10

OJ L 184, 17.7.1999, p. 23.

Contents

  1. 1Purpose
  2. 2Zones
  3. 3Definitions
  4. Chapter I: CONTROL AND INSPECTION MEASURES APPLICABLE IN ZONE 1 Repealed
  5. Control measures Repealed
  6. 4Catch sampling Repealed
  7. 4aActivities of vessels participating in operations relating to bluefin tuna fattening Repealed
  8. 4bActivities of bluefin tuna fattening farms Repealed
  9. 4cRegister of bluefin tuna fattening farms Repealed
  10. 5Catch notification Repealed
  11. 6Information on shark catches Repealed
  12. 6aInformation on catches of white and blue marlin Repealed
  13. 7Undeclared catches Repealed
  14. 8Observation of vessels Repealed
  15. 8aRegister of vessels authorised to fish in the Convention area Repealed
  16. 8bChartering of Community fishing vessels Repealed
  17. 8cTranshipment Repealed
  18. 9Annual report Repealed
  19. 9aAnnual statement on the application of the ICCAT management standards by large longliners Repealed
  20. Port inspection procedures Repealed
  21. 10General Repealed
  22. 11Inspectors Repealed
  23. 12Inspection procedures Repealed
  24. 13Master's obligations during inspection Repealed
  25. 14Procedure in event of infringement Repealed
  26. 15Follow-up of infringements Repealed
  27. 16Treatment of inspection reports Repealed
  28. Stateless and non-contracting parties' vessels Repealed
  29. 17Transhipment Repealed
  30. 18Control measures for fishing activities Repealed
  31. 19Member States' nationals Repealed
  32. 19aAction to combat IUU fishing Repealed
  33. 19bInformation on vessels presumed to have carried out IUU fishing Repealed
  34. 19cAction on vessels presumed to have carried out IUU fishing Repealed
  35. Chapter II: CONTROL AND SURVEILLANCE MEASURES APPLICABLE IN ZONE 2
  36. Control measures
  37. 20General principles
  38. 20aRegister of vessels authorised to fish in the IOTC area
  39. 20bTranshipment
  40. 20cMarking of fishing gear
  41. 20 dStatistical notification for scientific purposes
  42. Port inspection procedures
  43. 20eArticle 20e
  44. Stateless vessels and vessels of non-contracting parties
  45. 21Observation Repealed
  46. 21aControl of fishing activities
  47. 21bIUU vessels Repealed
  48. 21cMeasures concerning vessels presumed to have carried out IUU fishing Repealed
  49. Chapter III: CONTROL AND SURVEILLANCE MEASURES APPLICABLE IN ZONE 3
  50. 22General
  51. Chapter IV: FINAL PROVISIONS
  52. 23Article 23 Repealed
  53. 24Article 24 Repealed
  54. 25Article 25
  55. 26Article 26 Repealed
  56. Signature
  57. Annex ILIST OF SPECIES REFERRED TO IN THIS REGULATION
  58. Annex IaAnnex Ia
  59. Annex IIAnnex II Repealed
  60. Annex IIIAnnex III
  61. Annex IVAnnex IV
  62. Annex V
  63. Catch and effort data
  64. Size data
  65. Fishing for tunas using floating objects, including fish aggregating devices (FADs)
  66. Timeliness of data submission to IOTC

1Purpose

This Regulation lays down control and inspection measures relating to fishing for stocks of the highly migratory fish species listed in Annex I to this Regulation and shall apply to F1United Kingdom fishing vessels operating in one of the zones specified in Article 2.

2Zones

For the purposes of this Regulation the following marine zones are specified:

  1. (a)

    F1...

  2. (b)

    Zone 2:

    All Indian Ocean waters included in the area of competence specified in Article II of the Agreement for the establishment of the IOTC.

  3. (c)

    Zone 3:

    All Eastern Pacific Ocean waters included in the area specified in Article III of the Agreement on the International Dolphin Conservation Programme.

3Definitions

For the purposes of this Regulation the following definitions shall apply:

  1. (a)

    ‘boarding’: the boarding of a fishing vessel within an organisation's area of competence by one or more authorised inspectors in order to make an inspection;

  2. (b)

    ‘transhipment’: unloading of any quantity of highly migratory fish and/or products from such fish from on board a fishing vessel to another vessel either at sea or in port, without the products having been recorded by a port F1state as landed;

  3. (c)

    ‘landing’: unloading of any quantity of highly migratory fish and/or products from such fish from on board a fishing vessel to port or to land;

  4. (d)

    ‘infringement’: any presumed act committed or omitted by a fishing vessel that is recorded in an inspection report and gives serious reason for suspecting a breach of the provisions of this Regulation or any other Regulation transposing a recommendation adopted by a regional organisation for one of the zones indicated in Article 2;

  5. (e)

    ‘vessel of a non-Contracting Party’: vessel observed and identified as engaged in fishing activities in one of the zones specified in Article 2 that is flying the flag of a country that is not a Contracting Party to the relevant regional organisation;

  6. (f)

    ‘stateless vessel’: vessel for which there are reasonable grounds for suspecting it to be without nationalityF2;

  7. (g)

    F3‘fattening’: raising of individuals in cages to increase their weight or fat content with a view to marketing;

  8. (h)

    ‘caging’: placing of wild individuals of any size in closed structures (cages) for fattening;

  9. (i)

    ‘fattening farm’: enterprise which raises wild individuals in cages for fattening;

  10. (j)

    ‘transport vessel’: vessel receiving wild individuals and transporting them live to fattening farms.

4Catch samplingF1

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

4aActivities of vessels participating in operations relating to bluefin tuna fatteningF1

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

4bActivities of bluefin tuna fattening farmsF1

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

4cRegister of bluefin tuna fattening farmsF1

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

5Catch notificationF1

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

6Information on shark catches

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

6aInformation on catches of white and blue marlinF1

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

7Undeclared catchesF1

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

8Observation of vesselsF1

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

8aRegister of vessels authorised to fish in the Convention areaF1

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

8bChartering of Community fishing vesselsF1

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

8cTranshipmentF1

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

9Annual reportF1

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

9aAnnual statement on the application of the ICCAT management standards by large longlinersF1

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

10GeneralF1

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

11InspectorsF1

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

12Inspection proceduresF1

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

13Master's obligations during inspectionF1

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

14Procedure in event of infringementF1

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

15Follow-up of infringementsF1

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

16Treatment of inspection reportsF1

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

17TranshipmentF1

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

18Control measures for fishing activitiesF1

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

19Member States' nationalsF1

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

19aAction to combat IUU fishingF1

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

19bInformation on vessels presumed to have carried out IUU fishingF1

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

19cAction on vessels presumed to have carried out IUU fishingF1

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

20General principlesF1

F2A fisheries administration must act to ensure that vessels F3within their fleet respect the provisions applicable in the zone.

20aRegister of vessels authorised to fish in the IOTC areaF1

Article 8a shall apply mutatis mutandis .

20bTranshipmentF1

Article 8c shall apply mutatis mutandis .

20cMarking of fishing gearF1

1.

Gear used by F2United Kingdom fishing vessels authorised to fish in the zone shall be marked as follows: the ends of nets, lines and other gear in the sea shall be fitted with flag or radar reflector buoys and by night with light buoys indicating their position and extent.

2.

Marker buoys and similar floating objects indicating the position of fixed fishing gear shall at all times clearly indicate the letter(s) and/or number(s) of the vessel(s) to which they belong.

3.

Fish aggregating devices shall be clearly marked at all times with the letter(s) and/or number(s)of the vessel(s) to which they belong.

20 dStatistical notification for scientific purposesF1

1.

F2A fisheries administration must transmit the following statistical data in electronic form, with electronic access F3... to the IOTC Secretariat, in accordance with the procedures for submission of statistics referred to in Annex V:

(a)

fishing effort and catches of species referred to in Article 1 for the previous year;

(b)

the sizes of the species referred to in Article 1 for the previous year;

(c)

tuna fishing using floating objects, including fish aggregating devices.

2.

F4A fisheries administration must set up a computerised database containing the statistical data provided for in paragraph 1 F5....

20eF1

Articles 10, 12, 13, 14 and 15 shall apply mutatis mutandis .

21ObservationF2F1

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

21aControl of fishing activitiesF1

Article 18 shall apply mutatis mutandis .

21bIUU vesselsF2F1

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

21cMeasures concerning vessels presumed to have carried out IUU fishingF2F1

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

22General

F1A fisheries administration must take the action necessary in order that vessels F2in its fleet respect the IATTC measures transposed into F3law and the International Dolphin Conservation Programme Agreement measures applicable.

23F1

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

24F1

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

25

1.

Regulation (EC) No 1351/1999 is hereby repealed.

2.

Article 22(1) of Regulation (EC) No 2742/1999 is hereby repealed.

3.

References made to the repealed Regulation (EC) No 1351/1999 shall be construed as being made to this Regulation, and should be read in accordance with the correlation table in Annex III.

26F1

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

Signature

F1...

Annex ILIST OF SPECIES REFERRED TO IN THIS REGULATION

  • Albacore: Thunnus alalunga

  • Bluefin tuna: Thunnus thynnus

  • Bigeye tuna: Thunnus obesus

  • Skipjack: Katsuwonus pelamis

  • Atlantic bonito: Sarda sarda

  • Yellowfin tuna: Thunnus albacares

  • Blackfin tuna: Thunnus atlanticus

  • Little tuna: Euthynnus spp.

  • Southern bluefin tuna: Thunnus maccoyii

  • Frigate tuna: Auxis spp.

  • Oceanic sea bream: Bramidae

  • Marlin: Tetrapturus spp.; Makaira spp.

  • Sailfish: Istiophorus spp.

  • Swordfish: Xiphias gladius

  • Sauries: Scomberesox spp.; Cololabis spp

  • Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselis.

  • Shark: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Rhincodon typus; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae

  • Cetaceans (whales and porpoises): Physeteridae; Belaenopteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae; Delphinidae.

Annex IaF1

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

Annex IIF1

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

Annex III

CORRELATION TABLE

Regulation (EC) No 1351/1999This Regulation
Articles 1, 2, 3Article 8
Article 4Article 18
Article 5Article 17

Annex IVF1

Catch and effort dataF1

Surface fisheries: catch data in nominal catch weight and effort data in fishing days (purse seine, baitboat, troll, drift nets) should be provided to IOTC by 1° grid area and month strata. Purse seine fishery data should be stratified by type of school. Those data should preferably be extrapolated to the national monthly catches of each gear. The raising factors used, corresponding to the logbook coverage, should be given routinely to IOTC.

Longline fisheries: catch and effort data of the longline fisheries should be provided to the IOTC by 5° grid area and month strata, preferably in numbers and in weight. Fishing effort should be given in numbers of hooks. Those data should preferably be extrapolated to the national monthly catches. The raising factors used, corresponding to the logbook coverage, should be given routinely to IOTC.

The catches, efforts and sizes of the artisanal, small scale and sport fisheries should also be submitted on a monthly basis, but using the best geographical areas used to collect and process those data.

Size dataF1

Considering that size data are of key importance for most tuna stock assessment, length data, including the total number of fish measured, should be routinely submitted to the IOTC on a 5° grid area and month basis, by gear and fishing mode (e.g. free/log schools for the purse seiners). Size data should be provided for all gears and for all species covered by IOTC. Size data sampling should preferably be run under strict and well described random sampling schemes which are necessary to provide unbiased figures for the sizes taken. The exact recommended level of sampling could vary between species (as a function of various parameters), but the specific level of recommended sampling needs to be established by the working party on statistics. More detailed size data, for instance size by individual samples, should also be made available to IOTC when requested by specific working groups, but under strict rules of confidentiality.

Fishing for tunas using floating objects, including fish aggregating devices (FADs)F1

For a better understanding by IOTC of changing patterns in effective fishing effort by fleets operating in its area of competence, more information has to be obtained. Since the activities of supply vessels and the use of fish aggregating devices (FAD) are an integral part of the fishing effort of the purse seine fleet, the following information should be routinely submitted to IOTC:

Number and characteristics of supply vessels: (i) operating under their flag, (ii) assisting purse seine vessels operating under their flag, or (iii) licensed to operate in their exclusive economic zones, and that have been present in the IOTC area of competence.

Levels of activity of supply vessels: including number of days at sea, on 1° grid area and month basis.

In addition, contracting parties and cooperating non-contracting parties shall do their best to provide data on the total number and type of fish aggregating devices (FADs) operated by the fleet, on a 5° grid area and month basis.

Timeliness of data submission to IOTCF1

It is essential that all fishery data be available to the IOTC Secretariat in due time to allow monitoring of stocks and analysis of the data. Thus it is recommended that the following rules be applied as standard obligations:

Surface fleets and other fleets operating in coastal zones (including supply vessels) must provide their fishery data at the earliest possible date but no later than 30 June each year (previous year's data).

Longline fleets operating on the high seas must provide the provisional fishery data at the earliest date, but no later than 30 June (previous year's data). They must provide the final estimate of their fishery data before 30 December each year (previous year's data).

The time limits presently allowed for submitting statistics could be reduced in the future as communication and data processing technologies become ever more rapid, which should reduce the present data processing delays.