Article 2 Definitions

For the purpose of this Regulation, the following definitions shall apply:

1. (a)

   ‘F1bluefin tuna’ means fish of the species Thunnus thynnusF2and any reference to bluefin tuna in this Regulation means such fish, or parts of such fish, falling within any of the commodity codes of the customs tariff of the United Kingdom as listed in Annex I;

2. (aa)

   F3‘bluefin tuna catch document’ means an electronic bluefin tuna catch document unless Article 5A applies, in which case it means a paper bluefin tuna catch document;

3. (ab)

   ‘catch quota’ has the same meaning as in section 52 of the Fisheries Act 2020 but where the term is used in relation to a specific UK fishing boat it is to be interpreted as a reference to the particular amount of catch quota available for use by that fishing boat either as a result of the distribution of catch quota to a specific fishing boat by the boat’s licensing authority or as a result of catch quota being available to a particular group of fishing boats or to fishing boats fishing with particular gear;

4. (ac)

   ‘designated port’ means a port or place close to the shore designated under Article 30(1) of Regulation 2016/1627 or designated by a contracting party, or a non-contracting cooperating party, to the International Convention for the Conservation of Atlantic Tunas, where landing or transhipping operations of bluefin tuna are permitted;

5. (b)

   F4F5‘domestic trade’ or ‘trade domestically’ means trade in Great Britain in bluefin tuna caught in the ICCAT Convention F6area by a F7UK fishing boat, which is landed in Great Britain, F8and ‘trade’ in this context includes placing on the market or offering for sale;

6. (ba)

   F9‘electronic bluefin tuna catch document’ means an entry on the electronic catch document system which is completed with the information, where relevant, specified in Annex 2 and otherwise conforms to the requirements of this Regulation;

7. (bb)

   ‘electronic catch document system’ means the system adopted by ICCAT for electronically recording bluefin tuna catch information;

8. (bc)

   ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;

9. (c)

   F10‘export’ means, in relation to bluefin tuna caught in the ICCAT Convention area by a UK fishing boat and—

   1. (i)

      landed into Great Britain, the subsequent movement of that bluefin tuna outside Great Britain, or

   2. (ii)

      not landed into Great Britain, the landing of that bluefin tuna into Northern Ireland or the territory of any other State;

10. (ca)

    ‘fishing boat’ has the same meaning as in section 52 of the Fisheries Act 2020;

11. (cb)

    ‘Great Britain zone’ means the sea within British fishery limits but excluding any waters within—

    1. (i)

       12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured, and

    2. (ii)

       the Northern Ireland zone;

12. (cc)

    ‘ICCAT’ means the International Commission for the Conservation of Atlantic Tunas;

13. (cd)

    ‘ICCAT Convention area’ means the area covered by the International Convention for the Conservation of Atlantic Tunas;

14. (d)

    ‘import’ means the movement of bluefin tuna caught in the ICCAT Convention area by any fishing boat, or by a trap, into Great Britain and includes such movement into Great Britain or the Great Britain zone for transhipment purposes but the term does not include the landing of bluefin tuna into Great Britain by UK fishing boats;

15. (da)

    ‘licensing authority’ means either the Marine Management Organisation, the Scottish Ministers, the Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and where the term is used in respect of—

    1. (i)

       a UK fishing boat it means the authority that granted the boat’s licence under section 15 of the Fisheries Act 2020 (the term ‘licensed’ is interpreted accordingly) which, for a UK fishing boat registered to a port—

       1. (aa)

          in England, means the Marine Management Organisation;

       2. (bb)

          in Scotland, means the Scottish Ministers;

       3. (cc)

          in Wales, means the Welsh Ministers;

       4. (dd)

          in Northern Ireland, means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, or

    2. (ii)

       a particular area it means—

       1. (aa)

          for England, the Marine Management Organisation;

       2. (bb)

          for Scotland, the Scottish Ministers;

       3. (cc)

          for Wales, the Welsh Ministers,

    and any reference to a licensing authority carrying out a particular function is to be interpreted as including any person or body to whom the licensing authority has delegated the function in question;

16. (db)

    ‘lot’ means a quantity of bluefin tuna products of the same presentation all of which originated from the same fishing grounds and a particular fishing boat, or group of fishing boats involved in the same fishing operation, or from the same trap;

17. (dc)

    ‘Northern Ireland zone’ has the same meaning as in section 52 of the Fisheries Act 2020;

18. (db)

    ‘paper bluefin tuna catch document’ means a catch document, other than an electronic bluefin tuna catch document, which is completed with the information, where relevant, specified in Annex 2, is in the form required by Article 5A and otherwise conforms to the requirements of this Regulation;

19. (e)

    ‘F11re-export’ means any movement from F12Great Britain of bluefin tuna which had been previously imported into Great Britain;

20. (ea)

    F13‘recreational fishing boat’ means a fishing boat used wholly for the purpose of conveying persons wishing to fish for pleasure;

21. (eb)

    ‘Regulation 2016/1627’ means Regulation (EU) 2016/1627 of the European Parliament and of the Council on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean;

22. (ec)

    ‘trap’ means fixed gear anchored to the seabed, usually containing a guide net that leads bluefin tuna into an enclosure or series of enclosures where it is kept prior to harvesting;

23. (ed)

    ‘UK fishing boat’ has the same meaning as in section 52 of the Fisheries Act 2020.

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