1.   By 31 January of each year, Member States shall establish annual fishing and capacity management plans for tropical tuna.

2.   The Member States shall ensure that their overall longline and purse seine fleet capacity is managed in accordance with the annual fishing and capacity management plans referred to in paragraph 1, in particular to limit catches of tropical tuna, consistent with the catch limits established under Union law.

3.   Member States shall not increase their number of support vessels from the numbers recorded in June 2023.

4.   Member States shall report to the Commission the dates on which their entire catch limit of tropical tuna species has been utilised. The Commission shall promptly send that information to the ICCAT Secretariat.

5.   For Union purse seiners and large longline vessels (20 metres in length overall or greater), Member States shall report tropical tuna catches on a monthly basis to the Commission, increasing to weekly when 80 % of their catch limits have been caught.

6.   Every 3 months, Member States shall report to the Commission information on the quantity of tropical tunas by species caught by the vessels flying their flag within 15 calendar days of the end of the period during which the catches were made, namely by 15 April, 15 July and 15 October of each year and by 15 January of the following year, unless such information is sent on a monthly basis to the Commission. That information, whether sent every 3 months or on a monthly basis, shall be sent using the aggregated catch data report format. The Commission shall send that information to the ICCAT Secretariat by 30 April, 30 July and 30 October of each year and by 30 January of the following year.’

1.   Union purse seiners that are authorised to fish tropical tuna, shall retain on board, land or tranship at port all tropical tunas caught.

2.   Tropical tuna caught by a Union purse seiner shall not be discarded during the set once the net is completely closed and more than half of the net has been retrieved. If there is a technical problem with the closing or retrieval procedure of the net such that that prohibition cannot be applied, the masters, or the crew members on their behalf, shall make every effort to release the tunas into the water as quickly as possible.

3.   By way of derogation from paragraph 1, tropical tunas may be discarded in the following cases:

4.   The masters of the fishing vessels shall report all discards observed to the flag Member States of the vessels. Member States shall send the discard reports to the Commission as part of Task I and II data.’

1.   Any unused or excess portion of a Member State’s annual quota or catch limit for bigeye tuna may be added to or shall be deducted from, as appropriate, the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for bigeye tuna.

2.   The maximum underage of bigeye tuna that a Member State may carry-over in any given year shall not exceed the amount permitted in that particular year by ICCAT.’

1.   Member States shall ensure that vessels flying their flag do not deploy drifting FADs for a period of 15 days prior to the start of the closure periods established under Union law.

2.   Member States shall ensure that vessels flying their flag that are authorised to fish tropical tuna establish a minimum observer coverage as follows:

Member States shall report the information collected by the observers or the approved electronic monitoring system from the previous year by 30 April to the ICCAT Secretariat and to ICCAT Standing Committee on Research and Statistics taking into account the confidentiality requirements referred to in Article 72.’

1.   Member States shall issue fishing authorisations, in accordance with the provisions laid down in Regulation (EU) 2017/2403 of the European Parliament and of the Council (*1), to large-scale catching vessels flying their flag to fish North and South Atlantic albacore in the ICCAT Convention area.

2.   Large-scale fishing vessels not entered into the ICCAT record of authorised vessels targeting North and South Atlantic albacore shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land North and South Atlantic albacore from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

3.   Union fishing vessels not authorised to fish North and South Atlantic albacore pursuant to paragraph 1, may be allowed to retain on board, tranship, transport, process or land by-catch of North and South Atlantic albacore in accordance with a maximum on-board by-catch limit for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit they allow for vessels flying their flag.

1.   Any unused or excess portion of a Member State’s annual quota or catch limit for North and South Atlantic albacore may be added to or shall be deducted from, as appropriate, the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for North and South Atlantic albacore.

2.   The maximum underage of North and South Atlantic albacore that a Member State may carry over in any given year shall not exceed the amount permitted in that particular year by ICCAT.

1.   Without prejudice to any prohibition of recreational fisheries under national or Union law, natural or legal persons engaged in recreational fisheries shall not catch, retain on board, tranship or land more than three Mediterranean albacore specimens per vessel per day.

2.   It shall be prohibited to market Mediterranean albacore caught in recreational fisheries.

3.   Member States shall provide to the Commission and to the ICCAT Secretariat the list of all fishing vessels engaged in recreational fisheries, authorised to fish Mediterranean albacore, at least 15 days before the exercise of the activities. Vessels not included on that list shall not be authorised to fish Mediterranean albacore.’

1.   Member States shall issue fishing authorisations, in accordance with the provisions laid down in Regulation (EU) 2017/2403, to large-scale catching vessels flying their flag to fish North and South Atlantic swordfish in the ICCAT Convention area.

2.   Large-scale fishing vessels not entered into the ICCAT record of authorised vessels targeting North and South Atlantic swordfish shall not be allowed to fish, retain on board, tranship, transport, transfer, process or land North and South Atlantic swordfish from the ICCAT Convention area. Article 15(1) of Regulation (EU) No 1380/2013 shall not apply in such cases.

3.   Union fishing vessels not authorised to fish North and South Atlantic swordfish pursuant to paragraph 1 may be allowed to retain on board, tranship, transport, process or land by-catch of North and South Atlantic swordfish in accordance with a maximum on-board by-catch limit for such vessels. Member States shall report to the Commission, as part of the annual report, the maximum by-catch limit they allow for vessels flying their flag.

1.   Any unused portion of a Member State’s annual quota or catch limit for North and South Atlantic swordfish may be added to the relevant quota or catch limit during or before the adjustment year in accordance with the ICCAT recommendations in force for North and South Atlantic swordfish.

2.   The maximum underage of North and South Atlantic swordfish that a Member State may carry-over in any given year shall not exceed the amount permitted in that particular year by ICCAT.’

1.   To the extent possible, Union pelagic longline vessels and Union purse seiners shall promptly release all blue marlin (Makaira nigricans), white marlin (Tetrapturus albidus) and roundscale spearfish (Tetrapturus georgei) that are alive at haul-back, giving due consideration to the safety of the crew members, in a manner that causes the least harm and maximises post-release survival.

2.   Member States shall encourage the implementation of the minimum standards for safe handling and live release procedures specified in Annex 1 to ICCAT Recommendation 19-05 by producing guidelines for their fleet. For the safe release of live blue marlins, white marlins and roundscale spearfish caught, Union fishing vessels shall have the following readily available on deck and easily accessible by the crew members: a lifting device, bolt cutter, dehooker or disgorger, and a line-cutter.

3.   Member States shall ensure that masters and crew members of their fishing vessels are adequately trained, aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all equipment necessary for the release of blue marlins, white marlins and roundscale spearfish in accordance with the guidelines on minimum standards for safe handling and live release procedures referred to in paragraph 2.

4.   Member States shall endeavour to minimise the post-release mortality of blue marlins, white marlins and roundscale spearfish in their ICCAT fisheries.

5.   Member States may authorise pelagic longline vessels and purse seiners flying their flag to fish and retain on board, tranship or land blue marlins, white marlins and roundscale spearfish that are dead, within their catch limit.

1.   The flag Member States of the vessels engaged in recreational fisheries of blue marlin, white marlin and roundscale spearfish shall maintain a 5 % scientific observer coverage of blue marlin, white marlin and roundscale spearfish tournament landings.

2.   In recreational fisheries of blue marlin a minimum conservation size of 251 cm in lower jaw fork length shall apply.

3.   In recreational fisheries of white marlin and roundscale spearfish a minimum conservation size of 168 cm in lower jaw fork length shall apply.

4.   It shall be prohibited to sell or to offer for sale any part or whole carcass of blue marlin, white marlin or roundscale spearfish caught in recreational fisheries.

5.   Member States shall take appropriate measures to ensure that in recreational fisheries any released fish shall be released in a manner that causes the least harm.

1.   Member States shall implement data collection programmes that ensure the reporting of accurate billfish catch, effort, size and discard data to ICCAT in accordance with the ICCAT requirements for the submission of Task I and II data.

2.   Member States shall submit to the Commission their billfish check sheets set out in Annex 1 to ICCAT Recommendation 18-05, including information on the actions they have taken domestically to monitor catches and to conserve and manage billfish.

3.   The failure to report Task I data, including dead discards, for blue marlin, white marlin and round-scale spearfish in accordance with ICCAT Resolution 01-06 and ICCAT Recommendation 11-15 shall result in a prohibition of retention of those species.’

1.   North Atlantic shortfin mako sharks caught by Union fishing vessels shall not be harmed and shall be promptly released into the sea to the extent practicable, while giving due consideration to the safety of crew members.

2.   Member States shall ensure that vessels flying their flag apply the minimum standards for safe handling and release procedures for North Atlantic shortfin mako shark as set out in Annex IX.

1.   Member States shall make sure that vessels flying their flag apply the minimum standards for safe handling and release procedures for South Atlantic shortfin mako shark as set out in Annex IX.

2.   Member States shall report every month to the Commission all permissible landings of vessels flying their flag of South Atlantic shortfin mako sharks. Those reports shall be submitted to the Commission within 15 days of the end of the calendar month in which the catches were made. In addition, Member States shall report to the Commission every year the dead discards, live releases and total catches of the vessels flying their flag.

3.   By 30 June of each year, the flag Member States of vessels that have caught (landings and dead discards) South Atlantic shortfin mako sharks shall communicate to the Commission the statistical methodology used to estimate dead discards and live releases. Member States with artisanal and small-scale fisheries shall also provide information about their data collection programmes.

4.   As part of their annual Task I and II data submissions, Member States shall provide to the Commission all relevant data for South Atlantic shortfin mako sharks, including estimates of dead discards and live releases using the methods approved by the ICCAT Standing Committee on Research and Statistics.

5.   Fishing vessels that retain South Atlantic shortfin mako sharks shall not tranship, in part or whole, South Atlantic shortfin mako sharks caught in association with ICCAT fisheries.’

1.   Member States shall implement data collection programmes that ensure the accurate reporting of sharks catch, effort, size and discard data to ICCAT in accordance with the requirements for the provision of Task I and II data.

2.   Member States shall submit to the Commission their shark implementation check sheets set out in Annex 1 to ICCAT Recommendation 18-06, including information on the actions they have taken domestically to monitor catches and to conserve and manage sharks.’

1.   Member States shall ensure that each vessel flying their flag that carries on board an ICCAT regional observer is outfitted with appropriate safety equipment for the entirety of each voyage, including the following:

2.   Each Union fishing vessel carrying an ICCAT regional observer shall develop and implement an emergency action plan (“EAP”) to be followed in the event an observer dies, is missing or presumed fallen overboard, suffers from a serious illness or injury that threatens health, safety, or welfare of the observer, or has been assaulted, intimidated, threatened or harassed. Such an EAP shall include, inter alia, the elements set out in Annex 1 to ICCAT Recommendation 19-10.

3.   Each Union fishing vessel carrying an ICCAT regional observer shall submit EAP to the Commission, to be transmitted to ICCAT for posting on the ICCAT website. A new or amended EAP shall be provided to the Commission to be transmitted to ICCAT for posting on the ICCAT website when it becomes available.

4.   A Union fishing vessel shall be eligible to carry an ICCAT regional observer only if it has submitted an EAP. Furthermore, if the Commission identifies inconsistencies with the standards set out in Annex 1 to ICCAT Recommendation 19-10 on the basis of the information in the EAP, the Commission may decide that the deployment of an observer on a vessel of the concerned flag Member State shall be delayed until the inconsistency has been sufficiently addressed.’

1.   Each Member State shall require observers to carry out, in particular, the following tasks:

2.   Member States shall ensure that observers:

3.   The master of the vessel to which the observer is assigned shall:

4.   Each Member State shall:

1.   Member States shall collect as much information as feasible, through inspection and surveillance operations conducted by their competent authorities in the ICCAT Convention area, when a Union fishing vessel, a third-country fishing vessel or a vessel without nationality is sighted in fishing or fishing-related activities (e.g. transhipment) that are presumed to be engaged in IUU fishing.

2.   Member States shall collect information on vessel sightings in accordance with the sighting information sheet set out in the Annex to ICCAT Recommendation 19-09.

3.   When a vessel is sighted pursuant to paragraph 1, the Member State concerned (“sighting Member State”) shall without undue delay notify and provide any recorded images of the vessel to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, and:

1.   Automatic carry-over of unused quota shall not be permitted

2.   A Member State may request to transfer a maximum percentage of 5 % of its annual quota from one year to the following year. The Member State concerned shall include that request in its annual fishing and capacity management plans to be included in the Union fishing and capacity management plan for endorsement by ICCAT.’

1.   As part of its fishing plan, each Member State shall submit to the Commission electronically, a list of farms authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean. That list shall include the following information:

The Commission shall transmit that information to the ICCAT Secretariat so that those farms can be entered into the ICCAT record of bluefin tuna farming facilities.

2.   Farms not entered into the ICCAT record of bluefin tuna farming facilities shall not be deemed to be authorised to operate for bluefin tuna in the eastern Atlantic and the Mediterranean.

3.   No farming activities, including feeding for fattening purposes or harvesting, shall be authorised outside of the geographical coordinates approved for farming activities.

4.   Member States shall immediately notify the Commission of any addition to, any removal from and any modification of their lists of farms. The Commission shall transmit such changes to the ICCAT Secretariat without delay.

5.   Member States shall take the necessary measures to ensure that no bluefin tuna is placed into a farm not listed in the ICCAT record of bluefin tuna farming facilities and that those farms do not receive bluefin tuna from vessels that are not entered into the ICCAT record of vessels. Member States shall take the necessary measures to prohibit any operations in farms not registered in the ICCAT record of bluefin tuna farming facilities.’

1.   If the video record referred to in Article 43 does not meet the minimum standards for video recording procedures set out in Annex X, and in particular if its quality and clarity are not sufficient to determine the number of bluefin tuna individuals being transferred, the donor operator may conduct voluntary transfers.

2.   If no voluntary transfer has been carried out, or if, despite the voluntary transfer, it is still not possible to determine the number of bluefin tuna individuals being transferred, the competent authority of the flag, trap or farm Member State of the donor operator shall order a control transfer, which shall be repeated until the quality of the video record enables the number of bluefin tuna individuals being transferred to be determined.

3.   The voluntary and control transfers shall be carried out into an empty cage. The number of bluefin tuna individuals being transferred, as determined during the valid voluntary or control transfer, shall be used to complete the logbook, the ITD and the relevant sections of the eBCD.

4.   The separation of the transport cage from the purse seine vessel, trap or farm cage shall not occur until the ICCAT regional observer on board the purse seine vessel, or present in the farm or on the trap, has carried out the relevant tasks.

5.   If the video record quality of voluntary transfers still does not enable the determination of the number of individuals being transferred, the competent authority of the Member State of the donor operator may allow the separation of the transport cages from the purse seine vessel, trap or farm. In such a case, the competent authority of the Member State of the donor operator shall order the doors of the transport cages concerned to be sealed in accordance with the procedure set out in Annex XVa, and require control transfers to be carried out at a determined time and place, in the presence of the competent authority of the flag, trap or farm Member State concerned.

6.   In the event that the competent authorities of the flag, trap or farm Member State cannot be present at the control transfer, the control transfer shall take place in the presence of an ICCAT regional observer. In that case, the farm operator owning the bluefin tuna individuals being transferred shall be responsible for the deployment of the ICCAT regional observer for the purpose of the verification of the control transfer.’

1.   The competent authorities of the Member State of the donor operator shall investigate all cases where:

The margin of error of 10 % referred to in the first subparagraph, point (a), shall be expressed as a percentage of the donor operator’s figures.

At the initiation of an investigation, the competent authority of the Member State of the donor operator shall inform the competent authority of the flag Member State or CPC of the towing vessels concerned about the investigation and ensure that no transfer is permitted from or to the transport cage concerned until the investigation is concluded.

Where applicable, the investigation shall include the analysis of all the relevant video records. Except in the event of force majeure, such an investigation shall be concluded prior to the time of caging at the farm and in any case within 96 hours of the initiation of the investigation. Pending the results of the investigation, caging shall not be authorised and the relevant section of the eBCD shall not be validated.

2.   For all transfer operations where a video recording is required, a difference greater than 10 % in the number of bluefin tuna individuals being transferred reported by the donor operator in the ITD and the number determined by the competent authority of the Member State or CPC of the donor operator shall constitute potential non-compliance of the fishing vessel, trap or farm concerned.’

1.   Each farm Member State shall nominate a single competent authority responsible for coordinating the collection and verification of information on caging operations conducted within its jurisdiction, for the control of activities in farms under its jurisdiction, and for reporting to and cooperating with the competent authorities of the flag and trap Member States and CPCs of the vessels or traps that caught the caged tuna.

2.   All bluefin tuna fishery and farm activities shall be subject to the control set out in the annual monitoring, control and inspection plan submitted under Article 14.

3.   Member States involved in caging related activities shall exchange information and cooperate to ensure that the number and weight of bluefin tuna individuals intended for caging are accurate, consistent with the catch amounts reported by the master of the purse seine vessel or the trap operator and declared in the relevant sections of the eBCD.

4.   Farm Member States shall ensure that farm operators maintain at all times an accurate schematic plan of their farms, indicating the unique identifying numbers referred to in Article 45c, of all cages and their individual position in the farm. That plan shall be made available at all times to the competent authority of the farm Member State for control purposes and to the ICCAT regional observer deployed in the farm. Any update of the schematic plan shall be subject to prior notification to the competent authority of the farm Member State. The schematic plan shall be updated each time the number or distribution of farm cages is modified.

5.   The competent authority of the farm Member State shall retain all the information, documentation and material related to caging operations conducted in farms under its jurisdiction for at least 3 years and keep the information as long as necessary for enforcement purposes. This obligation shall apply mutatis mutandis to farm operators as regards caging operations conducted on their farms.

1.   Before the start of the bluefin tuna fishing campaign, the competent authority of the farm Member State shall assign a unique identifying number (“cage number”) to each cage associated to farms under its jurisdiction, including those cages used to transport the fish to the farm.

2.   Cage numbers shall be issued in accordance with a unique numbering system that includes at least the alpha-3 code corresponding to the farm Member State followed by three numbers. Cage numbers shall be permanent and not transferable from one cage to another.

3.   The cage numbers shall be stamped or painted on two opposite sides of the ring of the cage and above the water line, in a colour contrasting with the background on which they are painted or stamped and shall be visible and legible at any time for control purposes. The height of the letters and numbers shall be at least 20 cm with a line thickness of at least 4 cm.

4.   By way of derogation from paragraph 3, alternative methods to mark the cage number on the cage shall be allowed, provided that they offer the same guarantee of visibility, legibility and inviolability.

1.   Each caging operation shall be subject to the procedure set out in paragraphs 2 to 4.

2.   The farm operator shall request a caging authorisation to be issued by the competent authority of the farm Member State. The caging authorisation shall include the following information:

3.   The competent authority of the farm Member State shall notify the information referred to in paragraph 2 to the relevant competent authorities of the catching flag or trap Member States or CPCs and shall ask for confirmation that the caging operation may be authorised.

4.   Within 3 working days, the competent authorities of the catching flag or trap Member States shall notify the competent authority of the farm Member State or CPC that the caging operation concerned may be authorised or shall be refused. In the case of refusal, the competent authority of the catching flag or trap Member State shall specify the reasons for that refusal. The refusal shall include the consequent release order.

5.   The farm Member State shall issue the caging authorisation immediately after receipt of the confirmation by the competent authority of the catching flag or trap Member State or CPC concerned. In the absence of that confirmation, the competent authority of the farm Member State shall not authorise the caging operation.

6.   Caging operations shall not be authorised if the complete set of information required under paragraph 2 does not accompany the fish subject to the caging authorisation.

7.   Pending the results of the investigation referred to in Article 44 conducted by the competent authority of the catching flag or trap Member State or CPC, the caging operation shall not be authorised and the relevant sections on catch information and trade information for live fish trade of the eBCD shall not be validated.

8.   If the caging authorisation has not been issued by the competent authority of the farm Member State or CPC within 1 month after the request for a caging authorisation from the farm operator, the competent authority of the farm Member State shall order and proceed to release all the fish contained in the transport cage concerned, in accordance with Annex XII. The competent authority of the farm Member State shall, without delay, inform the competent authority of the catching flag or trap Member State or CPC concerned and the ICCAT Secretariat of the release.’

1.   The competent authority of the Member State responsible for the catching vessel or trap shall refuse to approve the caging if it considers that:

2.   If the Member State responsible for the catching vessel or trap refuses to approve the caging, it shall:

1.   On the arrival of the towing vessel in the vicinity of the farm, the competent authority of the farm Member State shall ensure that that towing vessel is maintained at a distance of minimum 1 nautical mile from any facility of the farm until the competent authority of the farm Member State is physically present. The position and activity of that towing vessel shall be monitored at all times.

2.   The competent authority of the farm Member State shall not authorise the start of the caging without the presence of that authority and the ICCAT regional observer or before the relevant sections on catch information and trade information for live fish trade of the eBCD have been completed and validated by the competent authorities of the catching flag or trap Member States or CPCs.

3.   The anchoring of transport cages in the farm as farm cages, without relocation of the fish to allow stereoscopic camera recording shall be prohibited.

4.   After transfer of the bluefin tuna individuals from the towing cage to the farm cage, the control authority of the farm Member State shall ensure that the farm cages containing the bluefin tuna individuals are sealed at all times. Unsealing shall only be possible in the presence of the competent authority of the farm Member State and following its authorisation. The control authority of the farm Member State shall establish protocols for the sealing of farm cages, which shall ensure the use of official seals and that those seals are placed in such a way to prevent the opening of doors without the seals being broken.

5.   Farm Member States shall ensure that the bluefin tuna catches are placed in separate cages or series of cages and partitioned on the basis of flag Member State or CPC of origin and catch year. However, if the bluefin tuna has been caught in the context of a joint fishing operation, the catches concerned shall be placed in separate cages or series of cages and partitioned on the basis of the joint fishing operation and catch year.

6.   Fish shall be caged before 22 August of each year, unless the competent authorities of the Member State responsible for the farm provide valid reasons, including force majeure, which shall accompany the caging report when submitted. In any case, the fish shall not be caged after 7 September of each year. The above deadlines do not apply in case of inter-farm transfers.’

1.   Farm Member States shall ensure that caging operations shall be monitored by their control authorities using both conventional and stereoscopic cameras. Video records shall be produced for each caging operation in accordance with the minimum standards for video recording procedures set out in Annex X.

2.   If the quality of the control camera video recording used to determine the number and weight of the bluefin tuna individuals caged does not comply with the minimum standards for video recording procedures set out in Annex X, the competent authority of the farm Member State shall order a control caging until the determination of the number and weight of the bluefin tuna individuals is possible. The repetition of the caging operation shall not be subject to a new caging authorisation.

3.   In case of a control caging, the competent authority of the farm Member State shall ensure that the donor farm cage is sealed and that the cage cannot be manipulated prior to the new caging operation. The receiving farm cages used in the control caging shall be empty.

4.   On completion of the caging operation, the competent authority of the farm Member State shall ensure that the ICCAT regional observer has immediate access to all control camera video records and is allowed to make a copy where needed to complete the task of analysing those video records at another time or place.

5.   Farm Member States shall ensure that, for each caging operation, the farm operator submits an ICCAT declaration on caging within 1 week after the actual caging operation has taken place, using the template set out in Annex XIV.

1.   Where, for a single catching operation, there is a difference greater than 10 % between the number of the bluefin tuna individuals being caged as communicated by the competent authority of the farm Member State in accordance with Article 51(3), from the number reported in the eBCD or ITD as caught and/or transferred, the competent authority of the catching flag or trap Member State shall launch an investigation to determine the accurate catch weight to be deducted from the national bluefin tuna quota.

2.   In support of the investigation referred to in the paragraph 1 the competent authority of the catching flag or trap Member State shall request all the complementary information and the results of the relevant video record analysis conducted by the competent authorities of the flag and farm Member State that have been involved in the transport and the caging operation concerned.

3.   The competent authorities of the Member States, including the flag Member States of the vessels that have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal.

4.   The competent authority of the catching flag or trap Member State shall conclude the investigation within 1 month from the communication of the caging results by the competent authority of the farm Member State.

5.   A difference greater than 10 % between the number of bluefin tuna individuals reported caught by the vessel or trap concerned and the number determined by the competent authority of the catching flag or trap Member State as result of the investigation shall constitute potential non-compliance of the vessel or trap concerned.

6.   The margin of error of 10 % referred to in paragraphs 1 and 5 shall be expressed as a percentage of the figures reported by the master of the fishing vessel or the master’s representative, or the trap operator or the trap operator’s representative, and shall be applicable at the level of individual caging operation.

7.   The catching flag or trap Member State shall determine the weight of bluefin tuna to be deducted from its national bluefin tuna quota, taking into account the quantities caged, calculated in accordance with Annex XI, which ensures that weight at caging is calculated based on the length-weight relationship for wild fish, and the reported mortalities, in accordance with Annex XIII.

8.   However, where the investigation referred to in paragraph 1 of this Article concludes that bluefin tuna individuals are lost fish as defined in Annex XIII, the weight of the lost fish shall be deducted from the quota of the Member State in accordance with Annex XIII, by applying the average individual weight at caging communicated by the competent authority of the farm Member State, to the number of bluefin tuna individuals in the catch as determined by the competent authority of the flag or trap Member State resulting from its analysis of the first transfer video record in the context of the investigation.

9.   Notwithstanding paragraph 8, after consulting the competent authority of the flag Member State involved in the transport of fish to the farm of destination, the competent authority of the flag or trap Member State may decide not to deduct from the quota of the Member State the fish determined in the investigation as lost fish, where the losses have been duly documented as force majeure by the operator (i.e. pictures of the damaged cage, meteorological reports), the relevant information has been communicated to competent authority of the Member State of the operator immediately after the event and the losses did not result in known mortalities.

1.   The competent authority of the farm Member State shall determine the number and weight of bluefin tuna individuals being caged, by analysing the video record of each caging operation provided by the farm operator. To carry out that analysis, the competent authorities of the farm Member State shall follow the procedures set out in Annex XI.

2.   When there is a difference greater than 10 % between the number or the weight determined by competent authority of the farm Member State and the corresponding figures reported in the ICCAT declaration on caging, the competent authority of the farm Member State shall launch an investigation to identify the reasons for the discrepancy and, as appropriate, adjust the number and/or weight of bluefin tuna individuals that have been caged. That margin of error of 10 % shall be expressed as a percentage of the figures provided by the farm operator.

3.   After the completion of a caging operation or, in case of a joint fishing operation or of traps of the same Member State, of the last caging operation associated with that joint fishing operation or with those traps, the farm Member State shall communicate the results of the stereoscopical programme referred to in Annex XI to the catching flag or trap Member State or CPC in accordance with Section B, point 2, of Annex XI.

4.   The farm Member State shall also communicate the results of the stereoscopical programme referred to in paragraph 3 to the entity operating the ICCAT regional observer programme on behalf of ICCAT.

5.   The stereoscopical programme referred to in paragraph 3 shall be conducted in accordance with the procedures set out in Annex XI. Alternative methods may only be used if they have been endorsed by ICCAT during its annual meeting.

6.   Each farm Member State shall submit the procedures and results related to the stereoscopical programme or alternative methods referred to in paragraph 5 to the Commission by 30 September of each year in order to be transmitted to the SCRS by 31 October of each year.

7.   All bluefin tuna that die during a caging operation shall be reported by the farm operator, in accordance with Annex XIII.

8.   The catching flag or trap Member State shall issue a release order, in accordance with the procedures set out in Annex XII, for the quantities caged which exceed the quantities declared caught and transferred, if:

The release of the excess shall be conducted in the presence of control authorities.

9.   The results of the stereoscopical programme shall be used to decide if releases are required and the caging declarations and relevant sections of the BCD shall be completed accordingly. When a release order has been issued, the farm operator shall request the presence of a national control authority and an ICCAT regional observer to monitor the release.

1.   The determination of the fish to be released shall be done in accordance with Section B, point 3, of Annex XI.

2.   If the weight of bluefin tuna being caged is in excess of that which had been declared as caught and/or transferred, the competent authority of the catching flag or trap Member State shall issue a release order and communicate it without delay to the competent authority of the farm Member State concerned. The release order shall be issued in accordance with Section B, point 3, of Annex XI, taking into account possible compensation at the joint fishing operation or trap level, in accordance with Section B, point 5, of Annex XI.

3.   The release operation shall be conducted in accordance with the protocol set out in Annex XII.’

1.   Processing vessels intending to operate in farms or traps shall send a prior notification to the farm or trap Member State at least 48 hours before arrival of the vessel to the farm or trap area. The prior notification shall include at least the date and estimated time of arrival and information as to whether the processing vessel has bluefin tuna on board, and, if so, shall provide details on the cargo, including quantities in processed weight and live weight and details of the origin (farm or trap and Member State or CPC) of the bluefin tuna on board.

2.   Any harvesting operation in farms or traps shall be subject to an authorisation by the farm or trap Member State. To that end, the operator of the farm or trap intending to harvest bluefin tuna shall submit to its farm or trap Member State, as applicable, a request for authorisation, which shall include at least the following information:

3.   Except for bluefin tuna individuals which are close to dying, no harvesting operation shall be authorised before the results of the quota uptake in accordance with Article 50(7) to (9) has been determined and the associated releases have been conducted.

4.   Harvesting operations shall not take place without the presence of a national observer in the case of traps or an ICCAT regional observer in the case of harvesting in farms. For fish delivered to processing vessels, the national observer or ICCAT regional observer may perform their relevant tasks from the processing vessels.

5.   The competent authorities of the farm or trap Member States shall verify and cross-check the results of all harvesting operations taking place in farms and traps under their jurisdiction, using all relevant information in their possession. The competent control authorities of the farm or trap Member States shall inspect all harvesting operations of bluefin tuna destined for processing vessels and a percentage of the rest of harvesting operations based on risk analysis.

6.   When the destination of the bluefin tuna is a processing vessel, the master of the processing vessel or its representative, shall complete a processing declaration. When the harvested bluefin tuna is to be landed directly into port, the operator of the farm or trap shall complete a harvesting declaration. The processing and harvesting declarations shall be validated by the national observer or ICCAT regional observer present at the harvesting operation.

7.   The processing and harvesting declarations shall be transmitted by e-mail to the competent authorities of the farm Member State within 48 hours of the harvesting operation using the template set out in Annex XVb.

1.   Intra-farm transfer shall not take place without the authorisation and the presence of the competent authority of the farm Member State. Each transfer shall be recorded by control cameras to confirm the number of bluefin tuna individuals transferred. The video recording shall comply with the minimum standards for video recording procedures set out in Annex X. The competent authority of the farm Member State shall monitor and control those transfers and shall ensure that each intra-farm transfer is recorded in the eBCD system.

2.   Notwithstanding the definition of caging in Article 5, point 30, the relocation of bluefin tuna individuals between two different locations on the same farm (intra-farm transfer) using a transport cage, shall not be considered as caging for the purposes of Section 7.

3.   During intra-farm transfers, regrouping fish of the same flag origin and the same joint fishing operation, may be authorised by the competent authority of the farm Member State, providing that traceability and the applicability of the SCRS’s growth rates are maintained.

4.   The competent authority of the farm Member State and the farm operator shall retain the video records from intra-farm transfers undertaken in farms under its jurisdiction for a minimum of 3 years and keep the information for as long as necessary for enforcement purposes.

1.   Prior to the beginning of the next purse seine vessel and trap fishing seasons, the competent authority of the farm Member State shall thoroughly assess the live bluefin tuna carried-over in the farms under its jurisdiction. To that end, the live bluefin tuna concerned shall be transferred to empty cages and monitored using control cameras in order to determine the number and the weight of bluefin tuna individuals transferred.

2.   By way of derogation from paragraph 1, the carry-over of bluefin tuna from years and cages where no harvest occurred shall be controlled annually by applying the random control procedure set out in Article 56e.

3.   The live bluefin tuna carried over shall be placed in separate cages or series of cages in the farm and partitioned on the basis of the joint fishing operation or same trap Member State or CPC of origin and catch year.

4.   The competent authority of the farm Member State shall ensure that the control camera video record from the carry-over assessment transfers complies with the relevant minimum standards for video recording procedures set out in Annex X and that the determination of the number and weight of carried-over bluefin tuna individuals is in accordance with Section A of Annex XI.

5.   Until the SCRS develops an algorithm to convert length into weight for fattened or farmed fish or both, the determination of the weight of the carried-over bluefin tuna individuals shall be conducted using the most updated growth rate tables produced by the SCRS.

6.   A difference by number of bluefin tuna individuals between the number resulting from the carry-over assessment and the expected number after harvest shall be duly investigated by the competent authority of the farm Member State and recorded in the eBCD system. In the case of an excess number, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the carry-over assessment and the number of individuals expected to be present in the cage.

7.   The competent authority of the farm Member State shall retain the video record and all the relevant documentation from carry-over assessments undertaken in farms under its jurisdiction for a minimum of 3 years and shall keep that information as long as necessary for enforcement purposes.

1.   The competent authorities of the farm Member States shall complete and transmit, attached to the revised farming management plan, an annual carry-over declaration to the Commission within 10 days after the end of the carry-over assessment. Such declaration shall include at least the following information:

The Commission shall forward the annual carry-over declaration to the ICCAT Secretariat within the 15 days after the end of the carry-over assessment operation.

2.   The stereoscopical system report, where applicable, shall be attached to the annual carry-over declaration.

1.   The competent authority of the farm Member State shall carry out random controls in farms under its jurisdiction. The minimum random controls referred to in paragraph 2 shall take place in farms between the time of completion of the caging operations and the first caging of the following year. Such controls shall involve the compulsory transfer of all bluefin tuna individuals from farm cages to other farm cages in order that the number of bluefin tuna individuals can be counted by way of control video records.

2.   Each farm Member State shall set a minimum number of random controls to be performed on each farm under its jurisdiction. The number of random controls shall cover at least 10 % of the number of cages in each farm after completion of the caging operations, involving at least one control per farm and rounded up where needed. The selection of cages to be controlled shall be based on risk analysis. The planning for random controls to be carried out shall be reflected in the Member State’s monitoring, control and inspection plan referred to in Article 14.

3.   Although not mandatory, the competent authority of the farm Member State may give the farms concerned a maximum of 2 calendar days prior notice that a random control will take place. In such cases, the competent authority of the farm Member State shall only communicate the selected cages to the farm operator upon arrival at the farm concerned.

4.   The farm operators shall take all appropriate steps to facilitate the random controls and, where prior notice is given, they shall ensure that all means are in place in order that random controls can be carried out by the competent authority of the farm Member State at any time, and in any cage in the farm.

5.   The competent authority of the farm Member State shall strive to reduce the time between the ordering of the random controls and date when the control operations are carried out. The competent authority of the farm Member State shall ensure that all necessary measures are taken to ensure that the farm operator does not have the possibility to manipulate the cages concerned before the random control takes place.

6.   Following the random control, any difference between the number of bluefin tuna individuals determined by the random controls and the number expected to be present in the cage shall be duly investigated and recorded in the eBCD system. In the case of an excess number, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed. The competent authority of the farm Member State may allow a margin of error of 5 % between the number of bluefin tuna individuals resulting from the control transfer and the number of individuals expected to be present in the cage.

7.   The competent authority of the farm Member State shall retain all video records from random controls undertaken in farms under its jurisdiction for a minimum of 3 years and shall keep that information as long as necessary for enforcement purposes.

8.   The results of the random controls shall be communicated by the Commission to the ICCAT Secretariat before the start of the new purse seine vessel fishing season applicable to each Member State in accordance with Article 17, for transmission to the ICCAT Compliance Committee.

1.   The transfer of live bluefin tuna individuals between two different farms shall not take place without the prior written authorisation from the competent authorities of the farm Member States concerned.

2.   The transfer from the donor farm cage to the transport cage shall comply with the requirements set out in Section 6 including a video record to confirm the number of bluefin tuna individuals transferred, the completion of an ITD and the verification of the operation by an ICCAT regional observer.

3.   Notwithstanding paragraph 2, in cases where an entire farm cage is to be moved to the farm of destination, it shall not be necessary to video record the operation and the cage shall be transported sealed to the farm of destination.

4.   The caging of the bluefin tuna at the farm of destination shall be subject to the requirements for caging operations set out in Articles 46a and 49 and Article 51(1), (2) and (7), including a video recording to confirm the number and weight of the bluefin tuna individuals caged and the verification of the operation by an ICCAT regional observer. The determination of the weight for bluefin tuna individuals being caged from another farm shall not apply until the SCRS has developed an algorithm to convert length into weight for fattened or farmed fish or both.’