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Article 5 Statistical document for exportationF1

United Kingdom

Original text. Later amendments are not shown.

1.

It is prohibited for a person to export swordfish or bigeye tuna unless—

(a)

in the case of a UK fishing boat landing a catch of swordfish or bigeye tuna directly into, or transhipping the catch in, the territory of another State outside the United Kingdom, the licensing authority for that UK fishing boat has validated a statistical document which accompanies the fish in accordance with the requirements of paragraph 4, or

(b)

in the case of fish which was previously landed into the United Kingdom by a UK fishing boat, the licensing authority for the UK fishing boat which caught the fish or the licensing authority for the area from which the fish is being exported has validated a statistical document which accompanies the fish in accordance with the requirements of paragraph 4.

2.

Where a UK fishing boat lands swordfish or bigeye tuna into, or tranships in, the territory of another State, the master of the boat must complete a statistical document for the fish and request its validation by the boat’s licensing authority.

3.

Where a person exports swordfish or bigeye tuna from the United Kingdom, the person must complete a statistical document for the fish and request its validation by the licensing authority for the UK fishing boat that caught the fish or by the licensing authority for the area from which the fish is being exported.

4.

Upon a request made under paragraph 2 or 3, the licensing authority must not validate the statistical document unless the authority is satisfied—

(a)

in relation to fish caught, not including by-catch, by a UK fishing boat of 20 metres in length overall or greater, that the fish was caught by an ICCAT authorised fishing boat,

(b)

that the information contained in the statistical document is complete and accurate, and

(c)

that the catching and export of the fish was carried out in compliance with relevant requirements specified in any other enactment or specified in conditions attached to the fishing boat’s licence under paragraph 1 of Schedule 3 to the Fisheries Act 2020.

5.

A person who contravenes the prohibition in paragraph 1 is guilty of an offence

6.

Where a UK 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. 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(6)

Notes on the whole EU Regulation

Textual amendments

F1

Deleted by Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003.

Notes on Section 2

Textual amendments

F1

Words in Ch. 2 s. 2 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(7); 2020 c. 1, Sch. 5 para. 1(1)