Article 4 Statistical document for importation
United Kingdom
It is prohibited for a person to import swordfish or bigeye tuna unless—
the fish is accompanied by—
a statistical document which has been validated by—
the licensing authority of the UK fishing boat transhipping the fish in accordance with Article 7a, or
the competent authorities of the State that licensed the fishing boat landing or transhipping the fish or the exporting State in accordance with the requirements of paragraph 2, and
in the case of fish which has previously been imported into another State, a re-export certificate which has been validated by the competent authorities of the re-exporting State, and
in the case of fish which was caught, not including by-catch, in the ICCAT Convention area by a fishing boat of 20 metres in length overall or greater, the fish was caught by an ICCAT authorised fishing boat.
A statistical document F2must:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
be validated:
- (i)
where the fishing has been carried out by a vessel: by a civil servant duly approved by the flag State of the vessel which carries out the fishing or by any other person or institution duly approved by that State. In the case of the F4... countries listed in Annex IVb, validation may be undertaken by an institution recognised for that purpose by that country;
- (ii)
where the fishing has been carried out using a trap net: by a civil servant duly approved by the State in whose territorial waters the catch has been taken;
- (iii)
in the case of swordfish,
F5bluefin tunaand bigeye tuna caught by a vessel operating under a charter agreement: by a civil servant or any other person or institution duly approved by the exporting State; - (iv)
in the case of bigeye tuna caught by one of the vessels listed in Annexes VIIIa and VIIIb: by a Japanese or Taiwanese government official or by any other person duly approved for that purpose by the Governments of those countriesF6;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The statistical document F8must be delivered to the licensing authority for the area into which the fish is being imported.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who contravenes the prohibition in paragraph 1 is guilty of an offence.
Where a fishing boat lands or tranships in contravention of the prohibition in paragraph 1, the master, the owner and the charterer (if any) are each guilty of an offence.
Annotations
Textual amendments
- F1
Art. 4(1) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(a)
- F2
Word in Art. 4(2) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(i)
- F3
Art. 4(2)(a) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(ii)
- F4
Word in Art. 4(2)(b)(i) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(iii)
- F5
- F6
- F7
Art. 4(2)(c) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(b)(iv)
- F8
Words in Art. 4(3) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(c)
- F9
Art. 4(4) omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(d)
- F10
Words in Art. 4(5) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(e)(i)
- F11
Words in Art. 4(5) substituted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(e)(ii)
- F12
Art. 4(6)(7) inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 3(5)(f)
Notes on Section 1
Textual amendments
- F1
Words in Ch. 2 s. 1 heading substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 13(5); 2020 c. 1, Sch. 5 para. 1(1)