‘Article 30a

Whale sharks (Rhincodon typus)

1.It shall be prohibited to:(a)retain on board, tranship, or land, any part or whole of the carcass of whale sharks caught in association with ICCAT fisheries;(b)set a purse seine on a school of tuna associated with a whale shark after sighting of the shark concerned.

2.Masters of Union fishing vessels shall take all reasonable steps to ensure the safe release of whale sharks that are incidentally encircled in the purse seine net ▌ .

3.Member States shall ensure that ▌ during purse seine operations ▌ their domestic observer programmes record interactions with whale sharks referred to in paragraphs 1 and 2, and that the following information is collected:(a)details of the circumstances leading to and relating to encirclement;(b)the number of individuals involved during the interaction;(c)the geographical position of the interaction;(d)the steps taken to ensure the safe handling and release of the specimens encircled in the purse seine;(e)an assessment of the life status of the whale shark specimen(s) upon release (alive/dead/moribund/uncertain).

4.Member States shall report ▌ to the Commission, in accordance with ICCAT data reporting requirements, the data and information collected under paragraph 3 in their annual reports. The Commission shall report those data to the ICCAT Secretariat.

5.Paragraphs 1 to 4 shall apply exclusively to fishing vessels operating between 40°N and 40°S.’;

‘6. Union fishing vessels that are greater than 12 metres in length overall ▌ shall be allowed to retain South Atlantic shortfin mako sharks only when the fish is dead on haul-back, and the vessel has an observer or a functioning electronic monitoring system (EMS) on board to verify the condition of the sharks.

7.In addition to the conditions set out in paragraph 6, for Union fishing vessels equal to or less than 12 metres in length overall, no more than one specimen of South Atlantic shortfin mako shark shall be retained by a vessel for any fishing trip.’;

‘Article 35a

Mobulid rays

1.It shall be prohibited to retain onboard, tranship, land or store any part or whole carcass of species of reef manta ray (Manta alfredi), giant manta (Manta birostris), lesser devil ray (Mobula hypostoma), spinetail mobula (Mobula japanica), devil fish (Mobula mobular), Chilean devil ray (Mobula tarapacana) or smoothtail mobula (Mobula thurstoni), hereafter referred to as mobulid rays, caught in association with ICCAT fisheries ▌ .

2.Union catching vessels shall promptly release unharmed, to the extent practicable, mobulid rays as soon as they are seen in the net, on the hook or on the vessel, in a manner that will result in the least possible harm to the individual specimen.

3.Member States shall ensure that their domestic observer programmes record the number of discards and releases of mobulid rays caught in ICCAT fisheries and, where possible, an indication of their status (dead or alive). Member States shall report that information to the Commission. The Commission shall report those data to the ICCAT secretariat.

4.In the case of mobulid rays that are unintentionally caught and frozen as part of a purse seine vessel’s operation, Union catching vessels shall surrender the whole mobulid ray to the competent authorities ▌ , or discard it at the point of landing. Mobulid rays so surrendered shall not be sold or bartered, but may be donated for purposes of domestic human consumption.’;

‘7. In the South Atlantic:(a)paragraphs 2a, 4 and 5 shall neither apply to vessels operating only North of 55°N or only South of 35°S latitude in the eastern South Atlantic, nor to vessels operating only South of 40° S latitude in the western South Atlantic;(b)the limit for the division between the eastern South Atlantic and the western South Atlantic is 20°W.’;

‘3. When a vessel is sighted pursuant to paragraph 1, the Member State concerned or the European Fisheries Control Agency (EFCA) (the “sighting entity”) shall record findings and transmit a report without delay, if possible by electronic means, to the appropriate authorities of the flag Member State or CPC or flag non-CPC of the sighted vessel, with copy to the ICCAT secretariat, the Commission and EFCA. If the sighted vessel is flagged to a Member State, the flag Member state shall, without undue delay, take appropriate action with respect to the vessel concerned. Both the sighting entity and the flag Member State of the sighted vessel shall provide information on the sighting to the Commission and EFCA, including details of any follow-up action taken.’;

‘Article 72

Confidentiality and data protection

1.Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

2.Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures as laid down by this Regulation, including any enquiries pertaining to complaints and infringements, and judicial or administrative procedures relating thereto.

3.Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’.

‘(7) “bottom fishing” means fishing using any gear type likely to come in contact with the seafloor or benthic organisms during the normal course of operations including bottom trawl, mid-water trawl and bottom line;’;

‘(7a) ▌ “bottom trawl fishing” means fishing using a trawl net that is designed to be pulled through the water and to come into contact with the seabed;(7b)▌ “mid-water trawl fishing” means fishing for bentho‑pelagic species using a trawl net that is designed to be pulled through the water near the seabed and designed not to come into extended contact with the seabed;(7c)▌ “bottom line fishing” means fishing using a line to which a hook or hooks (whether baited or not) are attached and which is rigged to sink and fish on or near the seabed including, longlines, hand lines, drop lines, trot lines, and dahn lines;’;

‘(11) “exploratory fishery” means a fishery that:(a)has not been subject to fishing in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in green weight of the total catch in any given haul, tow or set;(b)for the purposes of fishing with a particular gear type or technique, has not been subject to fishing by that particular gear type or technique in the previous 10 years, and where such fishing was limited to targeted fisheries authorised by the SPRFMO Commission on the basis of advice from the SPRFMO Scientific Committee, and the target species was defined as the largest percentage in green weight of the total catch in any given haul, tow or set;(c)has been undertaken as an exploratory fishery in the previous 10 years and a decision has not yet been taken by the SPRFMO Commission to either close or manage the fishery as an established fishery;(d)constitutes bottom fishing activities in accordance with the conditions laid down in Article 12(2); or(e)has not been reviewed or subjected to scientific monitoring by the Scientific Committee, and the Scientific Committee has not issued harvest advice for the fishing in question or, if the Scientific Committee has issued such harvest advice, the SPRFMO Commission has not considered it;

for the purpose of exploratory fisheries, “green weight” is the weight of the whole fish at the time of capture, before any processing, modification, or removal of any part, such as heading, gutting, drying, or freezing;’;

‘(19) “fishing entity” means any entity referred to in Article 305(1), points (c), (d) and (e), of UNCLOS that has expressed its firm commitment to abide by the terms of the SPRFMO Convention and complies with any conservation and management measures adopted pursuant to it, as provided for in Annex IV to the SPRFMO Convention;(20)“SPRFMO register of authorised inspection vessels and authorities of the inspection vessel” means the list of inspection vessels and authorities authorised to conduct boarding and inspection in the SPRFMO Convention Area, as notified by the Commission or EFCA, Contracting Parties and CNCPs, which is maintained by the SPRFMO Secretariat;(21)“authorities of the inspection vessel” means the authorities of the Contracting Party under whose flag the inspection vessel is flying;(22)“authorised inspection vessel” means any vessel included in the SPRFMO register of authorised inspection vessels and authorities of the inspection vessel;(23)“authorised inspector” means an inspector trained and designated by the authorities responsible for boarding and inspection included in the SPRFMO register of authorised inspection vessels and authorities of the inspection vessel;(24)“abandoned fishing gear” means fishing gear deliberately left at sea by the vessel due to force majeure or other unforeseen reasons;(25)“lost fishing gear” means fishing gear over which the vessel has accidentally lost control and which cannot be located and/or retrieved;(26)“discarded fishing gear” means fishing gear released at sea without any attempt by the vessel to further control or recover it;(27)“plastic” means a solid material which contains as an essential ingredient one or more high molecular mass polymers, and which is formed (shaped) during either manufacture of the polymer or the fabrication into a finished product by heat and/or pressure.’;

‘1a. The Commission shall notify Member States when total catches have reached 70 % of the limit agreed by the SPRFMO Commission for the stock throughout the range of its distribution.

1b.Notwithstanding paragraph 1, following the notification referred to in paragraph 1a, Member States shall implement 15-day reporting periods. For this purpose, the calendar month shall be divided into two reporting periods, with the first period running from day 1 to day 15, and the second period from day 16 to the end of the month.

1c.For the first 15-day report to be submitted, Member States shall report their catches to the Commission within 15 days of the end of the first period. The Commission shall transmit that information to the SPRFMO Secretariat within 20 days of the end of that period. For the subsequent 15-day periods, the Member States shall ▌ report their catches to the Commission within 5 days of the end of each period. The Commission shall transmit that information to the SPRFMO Secretariat within 10 days of the end of each period.’;

‘Article 11a

Bottom fishing management areas

1.Bottom fishing in the SPRFMO Convention Area under this Chapter shall take place only in the bottom trawl, mid-water trawl, and bottom line fishing management areas set out in Annex XIV. In those areas:(a)bottom trawl fishing shall ▌ only take place in a bottom trawl fishing management area;(b)mid-water trawl fishing shall ▌ only take place in a mid-water trawl fishing management area or a bottom trawl fishing management area; and(c)bottom line fishing shall ▌ only take place in a bottom line fishing management area.

2.Notwithstanding paragraph 1 of this Article, bottom fishing activities in the SPRFMO Convention area shall take place under the provisions set out in Chapter II for exploratory fisheries if they occur:(a)outside a management area;(b)inside a management area using bottom fishing methods other than bottom trawl, mid-water trawl or bottom longline fishing;(c)in a mid-water trawl management area using bottom trawl gear or in a bottom line management area using bottom trawl or mid-water trawl gear; or(d)inside a management area where the species targeted has not previously been targeted, unless the species has regularly been caught as part of an existing fishery.’;

‘Article 12

Bottom fishing authorisation

1.Member States shall not authorise fishing vessels flying their flag to engage in bottom fishing without prior authorisation from the SPRFMO.

2.Member States whose vessels intend to engage in bottom fishing activities in the bottom fishing management areas set out in Annex XIV shall submit a request for authorisation to the Commission not later than 75 days before the SPRFMO Scientific Committee meeting at which they wish the request to be considered. The Commission shall forward the request to the SPRFMO Secretariat not later than 60 days before the SPRFMO Scientific Committee meeting. The request shall contain a bottom fishing impact assessment of the proposed fishing activities.

3.The impact assessment referred to in paragraph 2 of this Article shall be carried out in accordance with the SPRFMO Bottom Fishery Impact Assessment StandardAvailable here: https://www.sprfmo.int/science/benthic-impact-assessments/ with the best available data and shall be prepared at a scale no coarser than the fishery management areas set out in Annex XV, taking into account the history of bottom fishing in the areas proposed and the cumulative impacts of past and proposed fishing, including any potential significant adverse impacts on VMEs, and shall include proposed mitigation measures to prevent such impacts.

4.The Commission shall inform the relevant Member State of the SPRFMO decision regarding the authorisation to engage in bottom fishing in the SPRFMO Convention Area for the purpose of which the impact assessment was conducted, including any attached conditions and relevant measures to prevent significant adverse impacts on VMEs.

5.Member States shall ensure that impact assessments referred to in paragraph 2 are updated at least every three years and when a substantial change in the fishery has occurred that is likely to affect the level of risk or impact of the fishing. Member States shall transmit that information to the Commission as soon as it becomes available. The Commission shall forward that information to the SPRFMO Secretariat. ▌’;

‘Article 14

VMEs in bottom fishing

1.Where VME indicator taxa as set out in Annex XVI are encountered in any one tow at or above the weight thresholds in Annex XVII, or three or more different VME indicator taxa at or above the weight thresholds in Annex XVIII, ▌ fishing vessels shall immediately cease bottom fishing within an encounter area of 1 nautical mile either side of the trawl track extended by 1 nautical mile at each end.

2.Fishing vessels shall report encounters with VMEs to the flag Member State on the basis of the guidelines set out in Annex IV including a detailed description of the encounter. The flag Member State shall carry out a comparison of the encounter with the existing model prediction, and of suggested management actions to prevent significant adverse impacts on VMEs, in order to verify whether a VME is likely to be present at the encounter area and/or the surrounding area, whether a significant adverse impact has occurred, and the risk of a significant adverse impact occurring in the future. The Member State shall transmit that information to the Commission without delay. The Commission shall forward that information to the SPRFMO Secretariat without delay.

3.The Commission shall inform Member States of any VME encounters notified by other SPRFMO Contracting Parties or CNCPs to the SPRFMO Secretariat.

4.Member States shall ensure that fishing vessels flying their flag do not engage in bottom fishing in VME encounter areas notified under paragraphs 2 and 3 unless and until such time as the SPRFMO Commission determines management actions that would permit the resumption of bottom fishing activities in the area.

Article 15

Observer coverage in bottom fishing

Member States shall ensure that fishing vessels flying their flag that engage in bottom fishing implement the minimum scientific observer coverage levels set out in Annex XIX. ▌

Article 16

Data reporting for bottom fishing

1.By the 15th day of each month, Member States shall report to the Commission on the catches of bottom fishing species from the preceding month, in accordance with Article 33 of Regulation (EC) No 1224/2009.

2.Member States shall prohibit fishing vessels flying their flag from participating in bottom fishing if the minimum required data regarding fishing vessel identification set out in Annex V have not been provided.

3.By derogation from Article 29(2), Member States shall ensure that their fisheries monitoring centres (FMCs) automatically and continuously report the vessel monitoring system (VMS) data of fishing vessels flying their flag engaged in bottom fishing in the SPRFMO Convention Area to the SPRFMO Secretariat at least once every 30 minutes for the duration of each fishing trip, with a fishing trip commencing from the time the vessel departs from port, including all times that it is in the SPRFMO Convention Area, and concluding once it enters port.’;

‘Article 17

Exploratory fisheries authorisation

1.Member States intending to authorise a fishing vessel flying their flag to fish in an exploratory fishery shall submit to the Commission the following documentation ▌:(a)no later than 130 days in advance of the SPRFMO Scientific Committee meeting, a succinct description of their intended Fisheries Operation Plan for information purposes, using the template for succinct description of Fisheries Operation Plan . The Commission shall forward that information to the SPRFMO Secretariat not later than 120 days in advance of the SPRFMO Scientific Committee meeting;(b)no later than 80 days in advance of the SPRFMO Scientific Committee meeting, a copy of the following documentation:(i)a request for authorisation providing the information contained in Annex V;(ii)a Fisheries Operation Plan in accordance with Annex VI, including a commitment to comply with the SPRFMO Data Collection Plan referred to in Article 18(3), (4) and (5) of this Regulation.

2.The Commission shall forward the request to the SPRFMO Commission, and the Fisheries Operation Plan to the SPRFMO Scientific Committee, no later than 60 days in advance of the SPRFMO Scientific Committee meeting.

3.The Commission shall inform the Member State concerned of the SPRFMO decision regarding the authorisation to fish in an exploratory fishery.’;

‘Article 21

Gillnets

Member States whose vessels intend to transit the SPRFMO Convention Area with gillnets on board shall:(a)give at least 72 hours advance notice to the SPRFMO Secretariat and the Commission prior to the vessel entering the SPRFMO Convention Area, including the expected entry and exit dates and length of gillnet carried on board;(b)ensure that the vessels flying their flag operate VMS reporting at least once every hour while in the SPRFMO Convention Area;(c)submit VMS position reports automatically to their FMC while transiting the SPRFMO Convention Area;(d)ensure that their FMC automatically forwards the VMS reports referred to in point (b) to the SPRFMO Secretariat at least once every hour; and(e)if gillnets are accidentally lost or abandoned overboard, report the date, time, position, and length (metres) of gillnets lost to the SPRFMO Secretariat and the Commission as soon as possible and in any event within 48 hours of the gear being lost or abandoned.’;

‘2. Member States shall inform the Commission of the fishing vessels flying their flag authorised to fish in the SPRFMO Convention Area and that have not previously been included in the SPRFMO record of vessels at least 20 days prior to the date of first entry of such vessels in the SPRFMO Convention Area for the purposes of fishing for SPRFMO fishery resources. The Commission shall transmit that information to the SPRFMO Secretariat at least 15 days prior to the date of first entry in the SPRFMO Convention Area.’;

‘4a. For the purposes of paragraph 4, an authorisation entry in the SPRFMO record of vessels shall cease to be a valid entry when there is a change in any of the following details, and until the required information is updated:(a)vessel flag;(b)international radio call sign (IRCS) (if any);(c)authorisation start date;(d)authorisation end date;(e)UVI (Unique Vessel Identifier) / IMO number.’;

‘2. Transhipments at sea and in port shall only be undertaken between authorised fishing vessels included in the SPRFMO record of vessels.

3.At-sea transfer of fuel, crew, gear or any other supplies in the SPRFMO Convention Area shall only be undertaken between authorised fishing vessels included in the SPRFMO record of vessels.’;

’5. Union fishing vessels shall be prohibited from operating as both an unloading fishing vessel and a receiving fishing vessel during the same trip, except in the case of a force majeure event beyond the control of the vessel. A force majeure event shall include serious mechanical breakdown or other events that threaten the safety of the crew or result in a significant financial loss through fish spoilage. In such cases, the fishing vessels shall notify the flag Member States of the transhipment and of the circumstances giving rise to the force majeure. The flag Member States shall, within one working day of the completion of the transhipment, transmit all the information received to the SPRFMO Secretariat and to the Commission, or the body designated by it.

6.By 15 January of each year, Member States shall report to the Commission the list of fishing vessels flying their flag that actively fished or engaged in transhipment for species other than jack mackerel in the SPRFMO Convention Area in the preceding year. The Commission shall transmit that information to the SPRFMO Secretariat by 30 January of each year.’;

‘Article 24

Notification of transhipment

1.In the case of transhipment of fishery resources caught in the SPRFMO Convention Area, the flag Member State of the receiving Union fishing vessel shall simultaneously transmit to the Commission and the SPRFMO Secretariat, at least 36 hours in advance of the estimated start time of such transhipment, the SPRFMO advanced transhipment notification in accordance with Annex VII. Such notification shall be required regardless of where the transhipment has taken place.

2.If the transhipment referred to in paragraph 1 of this Article does not start within 72 hours from the notified estimated start time of transhipment or within 50 nautical miles of the estimated location notified in the advanced transhipment notification, the flag Member State of the receiving Union fishing vessel shall simultaneously notify the Commission and the SPRFMO Secretariat of the modified SPRFMO advanced transhipment notification information in accordance with Annex VII as soon as possible, and in any event no later than 24 hours after the actual start time of transhipment.

3.If a notified transhipment does not occur, the flag Member State of the receiving Union fishing vessel shall simultaneously notify the Commission and the SPRFMO Secretariat as soon as possible, but in any event no later than five working days after the notified time of the transhipment.’;

‘Article 24a

Storage requirements for receiving Union fishing vessels

If a receiving Union fishing vessel engages in more than one transhipment, it shall ▌ store the catch from each transhipment separately so that it is readily identifiable. The receiving Union fishing vessel shall have a stowage plan available on board that provides for such separation of catches from different unloading fishing vessels.’;

‘Article 25

Monitoring of transhipment

1.Receiving Union fishing vessels that engage in transhipment at sea shall have an observer on board to monitor the transhipment and record the information in the required SPRFMO observer transhipment log sheet in accordance with Annex VIII.

2.In addition to paragraph 1 of this Article, if an unloading Union fishing vessel has an observer onboard during a transhipment, that observer shall also monitor the transhipment and record the information in the required SPRFMO observer transhipment log sheet in accordance with Annex VIII.

3.A receiving Union fishing vessel shall engage in only one transhipment at a time for each observer that is available to monitor and report on the transhipment.

4.For the purpose of verifying the quantity and species of the fishery resources being transhipped, and in order to ensure that proper verification can occur, the observer on board shall have full access to the observed Union fishing vessel, including crew, gear, equipment, records (including in electronic format), and fish holds.

5.The observer shall complete the SPRFMO observer transhipment log sheet in accordance with Annex VIII and provide that information electronically to the competent authorities of the flag Member State of the receiving Union fishing vessel no later than 15 days from debarkation.

6.The flag Member State of the receiving Union fishing vessel shall submit the observer data of the SPRFMO observer transhipment log sheet to the Commission electronically no later than 25 days from debarkation of the observer. The Commission shall forward that information to the SPRFMO Secretariat electronically no later than 30 days from debarkation of the observer.

Article 26

Information to be reported after transhipment

1.▌Receiving fishing vessels ▌ that engage in transhipment shall prepare an SPRFMO transhipment declaration in accordance with Annex IX, and shall submit that declaration to their flag Member State no later than the 5th day of the month following that in which the transhipment is completed. The flag Member State shall submit the declaration to the Commission, no later than the 10th day of the month following that in which the transhipment is completed. The Commission shall transmit this information to the SPRFMO Secretariat no later than the 15th day of the month following that in which the transhipment is completed.

2.▌Receiving fishing vessels ▌ that engage in transhipment shall retain a copy of the SPRFMO transhipment declaration on the vessel for the duration of the fishing trip and provide it as required to any authorised inspector.’;

‘1. In addition to the data reporting requirements set out in Articles 7, 11, 14, 16, 18, 21, 22, 23, 24, 25, 26, 28a, 28u, 29, 35b, 35e, 40 and 41, Member States whose vessels fish in the SPRFMO Convention Area shall provide the data set out in paragraphs 2, 3 and 3a of this Article to the Commission.’;

‘3a. By 15 January of each year, Member States whose vessel fish in the SPRFMO Convention Area in fisheries other than jack mackerel fisheries shall report to the Commission the list of vessels that actively fished or engaged in transhipment in the Convention Area during the previous calendar year. The Commission shall forward that information to the SPRFMO Secretariat by 30 January of each year.’;

‘SECTION 1

Observer programme accreditation procedure and minimum standards

Article 28

Observer programmes

1.Member States whose vessels fish in the SPRFMO Convention Area shall establish observer programmes to collect the data set out in Annex X.

2.Member States shall ensure that the observer programmes established pursuant to paragraph 1 and any service providers only deploy independent and impartial observers.

3.For fisheries where a minimum level of observer coverage is required, Member States shall ensure that observers on board fishing vessels flying their flag are only deployed from observer programmes and service providers accredited by the SPRFMO Commission.

4.For fisheries where 100 % of observer coverage is not required, Member States shall ensure that the method of assigning observers on fishing vessels flying their flag is representative for the fishery to be monitored and commensurate with the specific data needs of the fishery as a whole.

5.Member States shall document and provide information on the methods used to allocate observers on fishing vessels flying their flag to meet the observer coverage requirements. Member States shall report that information to the Commission in their annual scientific report covering the previous year.

6.Member States intending to deploy observers from the ▌ observer programme of another ▌ Contracting Party or CNCP shall inform the Commission before such deployment. The Commission shall seek the consent of ▌ the Contracting Party or CNCP and inform the relevant Member State.

Member States intending to deploy observers from the accredited observer programme of another Member State shall inform the Commission before such deployment.

7.Union scientific research vessels fishing for research purposes shall be exempted from the obligation to carry accredited observers on board, unless they are engaged in an exploratory fishery. The flag Member States of scientific research vessels fishing for research purposes, and not engaged in an exploratory fishery, shall comply with the data collection and reporting requirements laid down in Annex X and Article 28a, and shall ensure that scientific personnel on board possess the capacity to perform in full all the observation and reporting responsibilities contained in those requirements.

Article 28a

Observer data reporting

1.By 15 September of each year, Member States whose vessels fish in the SPRFMO Convention Area shall provide the applicable observer data set out in Annex X covering the previous calendar year to the Commission. The Commission shall forward that information to the SPRFMO Secretariat by 30 September of each year.

2.Not later than 45 days before the SPRFMO Scientific Committee meeting, Member States whose vessels fish in the SPRFMO Convention Area shall provide an annual report on the implementation of the observer programme covering their fishing activity in the previous year. The report shall include observer training, programme design and coverage, the type of data collected, details of any service providers used, and any problems encountered during the year. The Commission shall forward that information to the SPRFMO Secretariat not later than 30 days before the SPRFMO Scientific Committee meeting.

Article 28b

Observer programme accreditation

1.Member States seeking to accredit their observer programme shall submit to the Commission, at least seven months in advance of the annual meeting of the SPRFMO Commission at which they wish the accreditation to be considered, all the relevant information and documentation to fulfil the standards provided for in Articles 28c to 28o, including manuals, guides and training materials, and, where relevant, information about national programmes and service providers already accredited by other Regional Fisheries Management Organisations. The Commission shall forward that information to the SPRFMO Secretariat at least six months in advance of the annual meeting of the SPRFMO Commission.

2.Member States shall provide the Commission with additional information and corrections relevant to their observer programme as needed. The Commission shall forward that information to the SPRFMO Secretariat.

3.The Commission shall forward to the Member States the draft preliminary evaluation report of their observer programme for comments, and shall forward any comments to the SPRFMO Secretariat.

4.The Commission shall inform the Member State concerned of the SPRFMO decision regarding the accreditation of its observer programme.

Article 28c

Impartiality, independence, and integrity

1.Member States shall ensure that their observer programmes and service providers only deploy independent and impartial observers. This means that neither the observer programme or service provider, as the case requires, nor the individual observers, have a direct financial interest, ownership or business links with vessels, processors, agents and retailers involved in the catching, taking, harvesting, transporting, processing or selling of fish or fish products.

2.The Member States shall ensure that their observer programmes and service providers, and the individual observers do not:(a)have a direct financial interest, other than the provision of observer services, in the fisheries under the purview of SPRFMO, including:(i)any ownership, mortgage holder, or other secured interest in a vessel or processor involved in the catching, taking, harvesting or processing of fish;(ii)any business selling supplies or services to any vessel or processor in the fishery;(iii)any business purchasing raw or processed products from any vessel or processor in the fishery;(b)solicit or accept, directly or indirectly, any gratuity, gift, favour, entertainment, inordinate accommodation, loan or anything of monetary value from anyone who either conducts activities that are regulated by a Contracting Party or CNCP connected with its services or SPRFMO, or has interests that may be substantially affected by the performance or non-performance of the observer’s official duties;(c)serve as an observer on any vessel or at any processors owned or operated by a person who previously employed the observer in another capacity within the last three years (for example as a crew member); and,(d)solicit or accept employment as a crew member or an employee of a vessel or processor while employed by the Member State observer programme or service provider.

Article 28d

Observer qualifications

Member States shall ensure that observers that are recruited into their observer programme or deployed by their service providers have: (a)relevant education or technical training and/or experience for the fleets concerned;(b)the ability to fulfil the observer duties described in this Section;(c)no record of convictions calling into question the integrity of the observer or indicating a propensity towards violence; and(d)the ability to obtain all necessary documentation, including passports and visas.

Article 28e

Observer training

1.Member States shall ensure that observers in their observer programmes or deployed by their service providers are adequately trained before their deployment. Training shall include the following:(a)the relationship between fisheries science and fisheries management, and the importance of data collection in this context;(b)the relevant provisions of the SPRFMO Convention, this Regulation, and SPRFMO conservation and management measures (hereinafter “SPRFMO CMMsˮ) relevant to the functions and duties of observers;(c)the importance of observer programmes, including understanding the duties, rights, authority and responsibilities of observers;(d)safety at sea, including emergencies at sea, donning immersion suits, the use of safety equipment, the use of radios, survival at sea, and the management of conflicts, and cold-water survival;(e)first aid training, appropriate to working at-sea or in remote situations;(f)species identification and record of species encountered at sea, including target and non-target species, protected species, seabirds, marine mammals, sea turtles and invertebrates indicating the presence of VMEs;(g)knowledge of the different types and functioning of bycatch mitigation devices required by SPRFMO CMMs;(h)safe handling protocols to rehabilitate and release seabirds, marine mammals and sea turtles;(i)fishing vessel and fishing gear types relevant to SPRFMO;(j)techniques and procedures for estimating catch and species composition;(k)the use and maintenance of sampling equipment, including scales and callipers;(l)sampling methodologies at sea, namely fish sampling, fish sexing, measuring and weighing techniques, specimen collection and storage, and sampling methodologies;(m)an understanding of potential biases in sampling, how they arise and how they could be avoided;(n)the preservation of samples for analysis;(o)data collection codes and data collection formats;(p)familiarity with catch logbooks and recordkeeping requirements, to aid observers’ collection of data as required under SPRFMO CMMs;(q)the use of digital recorders or electronic notebooks;(r)electronic equipment used for observer work and understanding its operation;(s)the use of electronic monitoring systems as a complement to observers’ work, when applicable;(t)verbal debriefing and report writing;(u)training on relevant aspects of the International Convention for the Prevention of Pollution from Ships (MARPOL).

2.Member States shall ensure that their observer programmes or service providers provide ongoing refresher training relevant to the qualification requirements. Relevant updates to SPRFMO CMMs and observer requirements shall be communicated to observers before each deployment as part of the briefing process, for example in an updated manual.

Article 28f

Observer trainers

Member States shall ensure that observer trainers in their observer programmes or deployed by service providers have the appropriate skills and have been authorised by that programme or service provider to train observers.

Article 28g

Briefing and debriefing

1.Member States shall ensure that there are systems in place in their observer programmes or service providers for briefing and debriefing observers and for communicating at any time with vessel masters.

2.The briefing and debriefing process shall be conducted by properly trained personnel and shall ensure that observers and vessel masters clearly understand their respective roles and duties.

Article 28h

Data validation process

1.Member States shall ensure that their observer programmes or service providers have in place an observer data validation process.

2.The data validation process shall be conducted by properly trained personnel and shall ensure that data and information collected by an observer are checked for discrepancies or inaccuracies, and that discrepancies or inaccuracies are corrected before the information is entered into a database or used for analysis. This includes ensuring that the Member State observer programme or service provider has in place a mechanism to receive data, reports and any other relevant information from an observer in a way that prevents interference in those data from other sources.

3.The data validation process shall ensure that the data meet the following standards:(a)a mechanism that allows scientific data to be stored and transferred to the Member State observer programme or service provider in a secure and confidential manner;(b)vessel information that uniquely identifies the actual vessel from which the fishing occurred;(c)the dates and times of fishing effort are included and internally consistent (for example, that end times are after start times);(d)the inclusion of a valid location of fishing (for example, logical latitude/longitude combinations), that is internally consistent and is entered using the correct units;(e)effort data that allows quantification of the amount of effort invested by the vessel, appropriate to the fishing method used, which is also identified;(f)catch information that identifies the fishery resource (to the species level where possible) and the quantity of that species retained or discarded, and if used, that species codes are used accurately;(g)where biological or length information is collected for a fish, it is directly linked to the effort in which it was caught, including date and time, location, and fishing method information, and the information includes the methodology of data collection;(h)if the observer programme extends to transhipment and/or landings, the amount and species of fishery resources transhipped/landed is quantified and recorded according to a standard methodology;(i)interaction data involving marine mammals, seabirds, reptiles and/or other species of concern that identifies the individual species (where possible), the number of animals, their fate (retained or released/discarded), their life status if released (vigorous, alive, lethargic, dead), and the type of interaction (hook/line entanglement/warpstrike/net capture/other).

Article 28i

Observer identification cards

Member States shall ensure that observers in their observer programmes or deployed by service providers are provided with identification cards that include the following information:(a)full name of the observer;(b)date of issue and expiration;(c)name of the Member State observer programme or service provider;(d)a unique identifying number (if issued by the observer programme or service provider);(e)a passport style photo of the observer; and(f)an emergency phone number.

Article 28j

Coordination of observer placements and observer deployments

1.Member States shall ensure that their observer programmes or service providers have sufficient capacity for the timely deployment of observers and that the selected observers receive all possible assistance during the entire duration of their placements.

2.Member States shall ensure that their observer programmes or service providers have in place a protocol for replacing observers who become unable to perform their duties.

3.Member States shall ensure ▌ that their observer programmes or service providers seek, to the extent possible, to avoid deploying the same observer on multiple consecutive trips on the same vessel.

4.Member States shall ensure that their observer programmes or service providers also administer observer placements, to maintain the independence and impartiality of observers in accordance with Article 28c, and also ensure that all observer placements are administratively finalised as soon as practicable after the observers’ return to port.

5.Member States shall ensure that their observer programmes or service providers communicate with the observer regarding upcoming deployments, coordinate observer travel, and provide the necessary supplies for observer duties.

Article 28k

Observer safety equipment

1.Member States shall ensure that observers deployed by their observer programmes or service providers are provided with appropriate equipment, including safety equipment, which is in good working order, routinely checked and renewed, to carry out their duties on board a vessel.

2.Essential equipment shall include a lifejacket, independent two-way communication device capable of sending and receiving voice or text communications, personal locator beacons (PLBs), immersion suits, hard hat, proper deck working boots or shoes, gloves, and protective glasses (including sunglasses).

Article 28l

Procedures for allegations of observer misconduct

Member States shall ensure that their observer programmes or service providers establish procedures for preventing, investigating, and reporting on, the misconduct of observers, in coordination with observers, vessel masters, and relevant Contracting Parties and CNCPs.

Article 28m

Dispute settlement procedure

Member States shall ensure that their observer programmes or service providers have in place a dispute resolution process fair to all parties that provides a process to resolve issues through appropriate means, including through facilitation and mediation.

Article 28n

Observer safety

1.Member States shall ensure that their observer programmes or service providers have in place procedures to support observers in their ability to carry out their duties unimpeded and in a safe working environment, including an established Emergency Action Plan (EAP). The EAP shall provide instructions on sending reports to the provider's designated 24-hour point(s) of contact to report unsafe conditions, including instances of harassment, intimidation or assault.

2.Member States shall ensure that their observer programmes or service providers provide a permanent delegate or supervisor on land to communicate with the observer at any time while at sea.

Article 28o

Insurance and liability

Member States shall ensure that observers deployed by their observer programmes or service providers have health, safety and liability insurance commensurate with the national standards in force in the Member State of the observer programme or service provider for such insurance for the duration of any deployment before placing the observer on a vessel.

SECTION 2

Rights and duties of observers

Article 28p

Rights of observers

1.Member States shall ensure that observers on board fishing vessels flying their flag enjoy the rights set out in this Article and that a copy of those rights is provided to the crew of such vessels or is prominently displayed on board.

2.In fulfilling their tasks and duties, observers shall have the following rights on board Union fishing vessels:(a)freedom to carry out their duties without being assaulted, obstructed, delayed, intimidated or interfered with;(b)access to, and use of, all facilities and equipment of the vessel necessary to carry out the observer’s duties, including full access to the bridge, the catch before being sorted, processed catch and any bycatch on board, as well as areas which may be used to hold, process, weigh, and store fish, as the safety permits;(c)access to the vessel’s records, including logbooks, vessel diagrams and documentation, for reviewing records, assessment and copying, as well as access to navigational equipment, charts, and other information relating to fishing activities;(d)access to, and use of, communications equipment and personnel, upon request, for the entry, transmission, and reception of work-related data or information;(e)reasonable use of the communication equipment on board to communicate with the observer programme on land at any time, including in emergencies;(f)access to additional equipment, if present, to facilitate the work of the observer while on board the vessel, such as high-powered binoculars, electronic means of communication, freezer space to store specimens, weighing scales;(g)safe access to the working deck or hauling station, during net or line retrieval and access to specimens on deck (alive or dead) in order to collect samples;(h)unrestricted access to food, accommodation and sanitary facilities of a standard equivalent to those normally available to an officer on board the vessel, as well as medical facilities that meet international maritime standards;(i)access to verify safety equipment on board (through a safety orientation tour provided by officers or crew) before the vessel leaves the dock;(j)unrestrained permission to record any pertinent information relevant for scientific purposes and data collection;(k)the right to have a designated contact or supervisor on land to communicate with at any time while at sea;(l)the right to refuse deployment on board a fishing vessel for justified reasons, including where safety issues have been identified;(m)the ability to communicate at any time the occurrence of safety issues to the vessel master, the authorities of the observer programme or service provider, the SPRFMO Secretariat and the flag Member State, as appropriate;(n)upon request by the observer, the right to receive reasonable assistance from the crew to perform the observer’s duties, including sampling, handling large specimens, releasing incidental specimens and taking measurements;(o)privacy in the observer’s personal areas;(p)not performing duties assigned to the crew, such as gear handling (for fishing purposes) or offloading fish;(q)not to have their data, records, documents, equipment or belongings accessed, harmed, or destroyed.

3.In the event that an observer refuses to be deployed on board a Union fishing vessel, the competent authorities of the Member State of the observer programme or service provider under which the observer was to be deployed shall document the reasons for the refusal and transmit the information to the Commission. The Commission shall transmit that information to the SPRFMO Secretariat.

Article 28q

Duties of observers

1.Member States shall ensure that, before boarding a Union fishing vessel, observers deployed by their observer programmes or service providers:(a) carry complete and valid documents, including, where relevant, identification documents, passports, visas and certificates of at-sea safety training; (b) submit copies of the documents referred to in point (a) to the programme managers of the observer programme or service provider, as required.

2.Member States shall ensure that observers deployed by their observer programmes or service providers on board Union fishing vessels ▌:(a)maintain independence and impartiality at all times while on duty;(b)comply with the laws and regulations of the Member State whose flag the vessel is flying;(c)observe the hierarchy and general rules of behaviour that apply to the crew of the vessel;(d)perform duties in a manner that does not unduly interfere with the operations of the vessel and, while carrying out their functions, give due consideration to the operational requirements of the vessel and communicate regularly with the master of the vessel;(e)be familiar with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers, and first aid kits, and participate regularly in emergency drills for which the observer has received training;(f)communicate regularly with the vessel master on relevant observer issues and duties;(g)refrain from actions that could negatively affect the image of the observer programme or service provider;(h)adhere to any required codes of conduct for observers, including any applicable laws, regulations and procedures;(i)communicate as regularly as is required with the programme managers or observer programme coordinator on land;(j)comply with any SPRFMO CMMs the provisions of which are directly applicable to observers;(k)respect privacy in the master and crew areas of the vessel. ▌

SECTION 3

Rights and duties of Union fishing vessel operators and masters

Article 28r

Rights of Union fishing vessel operators and masters

Member States shall ensure that vessel operators and masters of Union fishing vessels flying their flag enjoy the following rights:(a)to be consulted and either agree with, or otherwise propose alternatives regarding, the timing and placement of observers, when required to take on board one or more observers;(b)to conduct the vessel’s operations without undue interference linked to the observer’s presence or the performance of the observer’s duties;(c)to assign, at their discretion, a crew member to accompany the observer when the observer is carrying out duties in hazardous areas;(d)to be notified in a timely manner by the observer programme or service provider upon completion of the observer’s trip of any comments of the observer regarding the vessel’s operations. The operator and master shall have the opportunity to review and comment on the observer’s report, and shall have the right to include additional information deemed relevant, and to make a personal statement.

Article 28s

Duties of Union fishing vessel operators and masters

Vessel operators and ▌ masters of fishing vessels shall respect the rights of observers set out in Article 28p and ▌ :(a)accept on board the vessel one or more persons identified as observers by the observer programme or service provider when so required by their flag Member State;(b)ensure the vessel’s crew is properly briefed, and does not assault, harass, obstruct, resist, intimidate, influence, or interfere with the observer, or impede or delay the observer in the performance of his or her duties;(c)install and maintain, as a complementary monitoring tool, ▌ functioning electronic monitoring systems or devices throughout the fishing trips selected for observation, if required under this Regulation;(d)ensure the observer has access to the catch before any sorting, grading or other separation of the components of the catch is made;(e)ensure that vessels operating in the SPRFMO Convention Area include adequate space for the observer to conduct bycatch sampling or other sampling as needed, in a safe manner that limits interference with vessel operations, with a dedicated sample station and other equipment such as weighing scales;(f)maintain a safe and clean sampling station to be used by the observer;(g)refrain from altering the sampling station during an observed trip without prior consultation with the observer and subsequent notification to the flag Member State of the vessel;(h)inform the crew regarding the timing and objectives of the observer programme, and the schedule for observer boarding, as well as the crew’s responsibilities when an observer ▌ is aboard the vessel;(i)assist the observer to safely embark and disembark the vessel at an agreed place and time;(j)allow and assist the observer to carry out his or her duties safely, and ensure the observer is not obstructed in the execution of his or her duties, unless there is a safety issue that requires intervention by the operator or master;(k)allow and assist the observer to remove and store samples from the catch, and allow the observer access to stored specimens;(l)provide the observer, while on board the vessel, at no expense to the observer, the observer programme or service provider, with food, accommodation, adequate sanitary amenities and medical facilities of a standard equivalent to those normally available to an officer on board the vessel according to generally accepted international standards;(m)allow and assist full access to and use of all facilities and equipment of the vessel that are necessary for the observer to carry out his or her duties, including full access to the bridge, the catch before being sorted, processed catch and any bycatch on board, as well as areas which are used to hold, process, weigh and store fish;(n)follow any established mechanism established by the SPRFMO Commission for solving conflicts that would complement the established dispute settlement processes provided by the observer programme or service provider;(o)cooperate with the observer when the observer is sampling the catch;(p)provide notice to the observer at least fifteen minutes before fishing gear hauling or setting procedures, unless the observer specifically requests not to be notified;(q)provide adequate space for clerical work to the observer on the bridge or in another designated area, as well as adequate space on deck or in the factory to perform the observer’s duties;(r)provide personal protective equipment, and, where appropriate, an immersion suit;(s)provide to the observer timely medical attention in the event of physical or psychological illness or injury;(t)develop and maintain an emergency action plan (EAP) regarding the safety of observers.

Article 28t

Safety orientation briefing

The master of a Union fishing vessel, or a crew member designated by the master, shall provide the observer with a safety orientation briefing at the time of boarding the vessel and before it leaves the dock. The orientation briefing shall include information on:(a)the provision of and location of safety documentation of the vessel;(b)the location of life rafts, raft capacities, observer’s assignment, expiration and installation , and any other relevant safety-related information;(c)the location of, and instructions for use of, emergency radio beacons indicating position in case of an emergency;(d)the location of immersion suits and personal flotation devices, their accessibility, and the quantities for everyone aboard;(e)the location of flares, their types, numbers, and expiration dates;(f)the location and number of fire extinguishers, their expiration dates and accessibility;(g)the location of life-rings;(h)procedures in case of emergencies, and essential actions of the observer during each type of emergency, such as a fire on board or recovering a person overboard;(i)the location of first aid materials, and familiarity with crew members in charge of first aid;(j)the location of radios, procedures for making an emergency call, and how to operate a radio during a call;(k)safety drills;(l)safe places to work on deck or in the factory, and the safety equipment required;(m)procedures in case of illness or accident of the observer or any other crew member.

Article 28u

Procedure in the event of an emergency

1.Member States shall ensure that, if an observer dies, is missing or presumed fallen overboard, fishing vessels flying their flag shall:(a)immediately cease all fishing operations;(b)immediately commence search and rescue operations if the observer is missing or presumed fallen overboard, and carry out searches for at least 72 hours, unless the observer is found sooner, or unless instructed by their flag Member State to continue searching;(c)immediately notify their flag Member State;(d)immediately notify the Member State, Contracting Party or CNCP, or service provider under the observer programme of which the observer was deployed, if applicable;(e)immediately alert other vessels in the vicinity by using all available means of communication;(f)cooperate fully in any search and rescue operation;(g)irrespective of the search results, return for further investigation to the nearest port, as agreed by the flag Member State and the Contracting Party or CNCP, Member State observer programme or service provider under the observer programme of which the observer was deployed;(h)provide a report on the incident to their flag Member State, which shall transmit it to the Commission, the observer providers and competent authorities, depending on the incident; and(i)cooperate fully in all official investigations, and preserve any potential evidence, as well as the personal effects and the quarters of the deceased or missing observers.

2.Member States shall take and implement all steps, as a matter of due diligence, to prevent incidents causing serious harm or death to observers on board fishing vessels flying their flag, and to sanction or punish those involved, including through criminal investigation and prosecution. Member States shall cooperate with the Commission, other Member States, Contracting Parties and CNCPs to that end.’;

‘CHAPTER IVa

Identification of fishing vessels and vessel monitoring system’;

‘Article 29a

Marking and identification of fishing vessels above 25 metres in length overall

1.In addition to the rules on the marking of fishing vessels laid down in Article 6 of Commission Implementing Regulation (EU) No 404/2011*, Member States shall require fishing vessels above 25 metres in length overall flying their flag to have their international radio call sign (IRCS) marked to meet the following technical specifications:(a)block lettering and numbering shall be used throughout;(b)for the hull, superstructure and/or inclined surfaces, the height (h) of the letters and numbers shall be not less than 1,0 m;(c)the length of the hyphen shall be half the height of the letters and numbers;(d)the width of the stroke for all letters, numbers and the hyphen shall be h/6;(e)spacing:(i)the space between letters and/or numbers shall neither exceed h/4, nor be less than h/6;(ii)the space between adjacent letters having sloping sides shall neither exceed h/8, nor be less than h/10;(f)the background shall extend to provide a border around the mark of not less than h/6;(g)an additional IRCS marking placed on a deck, which is any horizontal plane including the top of the wheelhouse, with the height of the marking not being less than 0,3m.

_______________

* Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1 ELI: http://data.europa.eu/eli/reg_impl/2011/404/oj).’;

‘1. ▌Port Member States shall require third country fishing vessels intending to use their ports for any purposes to provide as a minimum, not later than three working days before the estimated time of arrival at the port, the information set out in Annex XI accompanied by the following:(a)a copy of the fishing authorisation or, where appropriate, any other authorisation held by the fishing vessel to support operations on SPRFMO fishery products, or to tranship such fishery products;(b)the crew list of the fishing vessel;(c)the dates of the fishing trip.’;

‘1a. Port Member States shall promptly inform the Commission of any request received pursuant to paragraph 1 to use their ports, which shall forward that information to the SPRFMO Secretariat.’;

‘3. Notwithstanding Article 4(2) of Regulation (EC) No 1005/2008, Member States may allow the entry into their ports of a fishing vessel exclusively for the purpose of inspecting it and for taking other appropriate actions in conformity with international law aimed at preventing, deterring, and eliminating IUU fishing and fishing-related activities in support of such fishing.

4.Where a vessel referred to in paragraph 3 is in port for any reason, the port Member State shall deny such vessel the use of its port for the landing, transhipping, packaging, or processing of fish, and for other port services including, inter alia, bunkering, maintenance and dry-docking.’;

‘2. The competent authorities of the port Member State shall forward a copy of the inspection report and the evidence collected during the inspection to the Commission, or the body designated by it, as soon as possible and in any event within five working days of completion of the inspection, and, to the extent practicable, ensure the safekeeping of the evidence. The Commission, or the body designated by it, shall transmit the inspection report and any evidence to the SPRFMO Secretariat and to the flag Contracting Party or CNCP point of contact without delay.’;

‘CHAPTER Va

High seas boarding and inspection

Article 35a

General principles

1.Union fishing vessels operating in the SPRFMO Convention Area shall accept boarding and inspection conducted by authorised inspection vessels flying the SPRFMO inspection flag and pennant set out in Annex XX and authorised inspectors of SPRFMO Contracting Parties.

2.The Commission, or the body designated by it, may notify the SPRFMO Commission that the high seas boarding and inspection provisions of the SPRFMO shall apply in their entirety, mutatis mutandis, as between the Union and a fishing entity.

3.The Commission, or the body designated by it, shall notify Member States of the authorised inspection vessels and authorities of the inspection vessels included on the SPRFMO register of authorised inspection vessels and authorities of the inspection vessels, and any updates thereto.

4.Member States shall notify the information under paragraph 3 to the fishing vessels flying their flag and operating in the SPRFMO Convention Area.

Article 35b

High seas boarding and inspection procedure aboard Union fishing vessels

1.During the conduct of a boarding and inspection, the masters of Union fishing vessels shall:(a)accept and facilitate prompt and safe boarding by the authorised inspectors;(b)follow internationally accepted principles of good seamanship so as to avoid risks to the safety of authorised inspection vessels and authorised inspectors;(c)cooperate with, and assist in, the inspection of the vessel;(d)refrain from assaulting, resisting, intimidating, interfering with, or unduly obstructing or delaying the authorised inspectors in the performance of their duties;(e)allow the authorised inspectors to communicate with the crew of the authorised inspection vessel, the authorities of the inspection vessel, any embarked observers, as well as with the crew and the flag Member State of the Union fishing vessel being inspected;(f)provide the authorised inspectors onboard with reasonable facilities, including, where appropriate, food and accommodation; and(g)facilitate safe disembarkation by the authorised inspectors.

2.If the master of a Union fishing vessel refuses to allow an authorised inspector to conduct a boarding and inspection, such master shall provide an explanation of the reason for such refusal.

3.The flag Member State shall direct the master to accept boarding and inspection except in those cases where relevant international measures, procedures, and practices relating to safety at sea make it necessary to delay the boarding and inspection. If the master does not comply with such direction, the flag Member State shall suspend the vessel’s authorisation to fish and order the vessel to return immediately to port.

4.The flag Member State shall immediately notify the Commission, or the body designated by it, of the action it has taken in the circumstances referred to in paragraph 3. The Commission, or the body designated by it, shall send that information to the authorities of the inspection vessel and the SPRFMO Commission without delay. ▌

Article 35c

Serious infringements

1.For the purposes of this Regulation, a serious infringement shall include any of the following infringements of this Regulation or of the SPRFMO Convention ▌ :(a)fishing without a valid authorisation issued by the flag Member State;(b)significant failure to maintain records of catch and catch-related data in accordance with the reporting requirements, or significant misreporting of such catch and/or catch-related data;(c)fishing in a closed area;(d)fishing during a closed season;(e)intentional taking or retention of species in contravention of this Regulation or the SPRFMO Convention ▌ ;(f)significant infringement of catch limits or quotas in force;(g)using prohibited fishing gear;(h)falsifying or intentionally concealing the markings, identity or registration of a fishing vessel;(i)concealing, tampering with, or disposing of evidence relating to, the investigation of an infringement;(j)multiple infringements which, taken together, constitute a serious disregard of this Regulation or of the SPRFMO Convention ▌ ;(k)refusal to accept a boarding and inspection, provided this refusal is not covered by the situation described in Article 35b(2) and (3);(l)assaulting, resisting, intimidating, sexually harassing, interfering with, or unduly obstructing or delaying an authorised inspector or observer; or(m)intentionally tampering with or disabling the vessel monitoring system.

2.Upon receipt of a notification of an alleged serious infringement, the flag Member State of the Union fishing vessel shall without delay:(a)investigate and, if the evidence warrants, take enforcement action against the vessel in question and notify the Commission, or the body designated by it, accordingly; the Commission or the body designated by it shall notify the authorities of the inspection vessel and the SPRFMO Secretariat; or(b)authorise the authorities of the inspection vessel to undertake the investigation of the alleged serious infringement and to notify the Commission, or the body designated by it, accordingly; the Commission or the body designated by it shall notify the SPRFMO Secretariat.

3.▌Flag Member States shall regard any interference with the carrying out of the duties of an observer, an authorised inspector or an authorised inspection vessel by fishing vessels flying their flag, or by the operators, masters or crew of such vessels, in the same manner as any such interference occurring within their exclusive jurisdiction.

CHAPTER Vb

Marine pollution and retrieval of abandoned, lost or otherwise discarded fishing gear

Article 35d

Marine pollution

1.▌Fishing vessels shall be prohibited from discharging into the sea all plastics, including synthetic ropes, synthetic fishing nets, plastic refuse bags and incinerator ashes from plastic products.

2.▌Fishing vessels shall store all plastics on board the vessel until they can be discharged at adequate port reception facilities ▌

3.Paragraphs 1 and 2 shall not apply to the discharge of plastics from a fishing vessel necessary for the purpose of securing the safety of a ship and those on board or saving life at sea or to the accidental loss of plastics, synthetic ropes or fishing nets from a fishing vessel, provided that all reasonable precautions have been taken to prevent such loss.

Article 35e

Retrieval of abandoned, lost or otherwise discarded fishing gear

1.Masters of fishing vessels shall ensure that:(a)▌ all reasonable efforts are made to combat, minimise and eliminate abandoned, lost or otherwise discarded fishing gear linked to their vessels;(b)▌ fishing gear linked to their vessel is not deliberately discarded or abandoned, except for safety reasons, particularly ▌ in a situation of distress or danger to life;(c)as soon as possible, every reasonable attempt to retrieve lost fishing gear is made before abandoning it ▌ ;(d)there is, where possible, equipment on board▌ to retrieve any abandoned, lost or otherwise discarded fishing gear linked to the vessel;(e)when abandoned, lost or otherwise discarded fishing gear of that vessel cannot be retrieved, the ▌ flag Member State is notified within 48 hours of the following ▌ :(i)the name, IMO number and call sign of the vessel;(ii)the type/material of gear;(iii)the quantity of gear;(iv)the time when the gear was lost, abandoned or otherwise discarded;(v)the position (longitude/latitude) where the gear was lost, abandoned or otherwise discarded;(vi)measures taken by the vessel to retrieve the gear; and(vii)if known, the circumstances that led to the gear being lost, abandoned, or otherwise discarded for safety reasons;(f)when abandoned, lost or otherwise discarded fishing gear not linked to that vessel is retrieved, the ▌ flag Member State is notified within 48 hours of the following:(i)the name, IMO number and call sign of the vessel that has retrieved the gear;(ii)the name, IMO number and call sign of the vessel that lost, abandoned or otherwise discarded the gear (if known);(iii)the type of gear retrieved;(iv)the quantity of gear retrieved;(v)the time when the gear was retrieved;(vi)the position (longitude/latitude) where the gear was retrieved and, if possible, photographs of the gear retrieved.

2.Member States shall promptly transmit the information received under ▌ paragraph 1, points (e) and (f), to the Commission, or the body designated by it. The Commission, or the body designated by it, shall forward that information promptly to the SPRFMO Secretariat.’;

‘Article 40

Alleged infringements of SPRFMO conservation and management measures reported by a Contracting Party, fishing entity or CNCP

1.Member States shall designate a point of contact for the purpose of receiving inspection reports from other Member States, Contracting Parties, fishing entities and CNCPs.

2.Member States shall transmit any changes to the designated point of contact to the Commission at least 20 days before the changes take effect. The Commission shall forward that information to the SPRFMO Secretariat at least 14 days before such changes take effect.

3.In the case of port inspections, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall promptly investigate the alleged infringement and notify the Commission, or the body designated by it, of the status of the investigation, and of any enforcement action that has been taken, to enable the Commission, or the body designated by it, to inform the SPRFMO Secretariat within three months of receipt of the notification. If the Member State cannot provide the Commission, or the body designated by it, with a status report within three months of the receipt of the inspection report, it shall notify the Commission, or the body designated by it, within the three-month period of the reasons for the delay and of the date by which the status report will be submitted. The Commission, or the body designated by it, shall transmit the information regarding the status or delay of the investigation to the SPRFMO Secretariat.

4.In the case of high seas boarding and inspection, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall report to the Commission, or the body designated by it, on action it has taken in response to the alleged infringement, including any proceedings instituted and sanctions applied, at least 110 days in advance of the annual meeting of the SPRFMO Commission. The Commission, or the body designated by it, shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.’;

‘4. Not later than 110 days before the annual meeting of the SPRFMO Commission, Member States whose vessels fish in the SPRFMO Convention Area shall report to the Commission on the methods used to prevent tampering with the satellite-tracking device by fishing vessels flying their flag. The Commission shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.’;

‘Article 42

Confidentiality and data protection

1.Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

2.Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.

3.Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’;

‘(b) the time limits laid down in Article 7(1), (1b), (1c) and (2), Article 11, Article 12(2) and (5), Article 16(1) and (3), Article 17(1) and (2), Article 21(1) and (2), Article 22(1) to (4), Article 23(6), Article 24(1) to (3), Article 25(5) and (6), Article 26(1), Article 27(2), (3) and (3a), Article 28(2), Article 28a(1) and (2), Article 28b(1) ▌ , Article 28u(1), Article 29(1) and (2), Article 30(2), Article 31(1) and (1a), Article 34(5) and (6), Article 35(2) and (3), Article 35b(4), Article 35e(1) and (2), Article 36, Article 37(1), Article 39(2), Article 40(2), (3) and (4), and Article 41(1), (2) and (4);(c)observer coverage laid down in Article 6;’;

‘(f) the type of data and information requirements laid down in Article 7(2), Article 11, Article 12(2) and (3), Article 14(1) and (2), Article 16(1), Article 17(1), Article 18(2) and (3), Article 19(1) Article 21, Article 22(1) to (4), Article 23(6), Article 24(1) to (3), Article 25(1), Article 26(1), Article 27(2), (3) and (3a), Article 28(5), Article 28a(1) and (2), Article 28b(1), Article 28i, Article 28n(1), Article 28t, Article 29(1) and (2), Article 29a(1) ▌ , Article 31(1), Article 35a(3), and Article 35e(1);’;

‘(g) the threshold laid down in Article 7(1a);(h)the type of management areas and fishing activities laid down in Article 11a;(i)the encounter criteria laid down in Article 14(1);(j)the distances laid down in Article 14(1), Article 24(2), and Article 29(1) and (3);(k)vessel list information laid down in Article 22(4a);(l)the observer qualifications criteria laid down in Article 28d;(m)the list of observer training requirements laid down in Article 28e(1);(n)the observer data validation standards laid down in Article 28h(3);(o)the list of essential observer safety equipment laid down in Article 28k(2);(p)the list of rights of observers laid down in Article 28p(2);(q)the list of duties of observers laid down in Article 28q(1) and (2);(r)the list of rights of Union vessel operators and masters laid down in Article 28r;(s)the list of duties of Union vessel operators and masters laid down in Article 28s;(t)the procedure to be followed in the event of an emergency laid down in Article 28u;(u)the vessel identification and marking requirements laid down in Article 29a.’;

‘(ea) close its directed fishery for cod in Division 3L between 00:01 UTC 15 April 2025 and 23:59 UTC 30 June 2025. During that period, Member States shall ensure that their vessels limit the catches retained on board and in any one haul of this stock in line with Article 7(3), point (a), and observe the move-on provisions in Article 8(1) point (b).’;

‘(a) for cod in Divisions 3L and 3M, redfish in Divisions 3LN and witch flounder in Divisions 3NO: 1 250 kg or 5 %, whichever is the greater;’;

‘Lost, abandoned or discarded fishing gear and retrieval of fishing gear’;

‘(c) not deliberately abandon or discard fishing gear, except for safety reasons.’;

‘3. By way of derogation from paragraph 2, a Member State may allow fishing vessels flying its flag to carry an observer for less than 100 %, but not less than 25 % of the fishing trips conducted by its fleet, or of the days the fishing vessels are present in the Regulatory Area calculated for a period of one calendar year in any of the following cases:(a)where ▌ the vessels are targeting species in areas where negligible by-catch of other species is expected to occur;(b)where the flag Member State has provided information justifying why a 100 % coverage is not applied;(c)where extraordinary and unforeseeable circumstances are duly documented and justified by the flag Member State preventing 100 % observer coverage; or(d)where a vessel deploys an electronic observation programme approved by the flag Member State and:(i)the flag Member State submits to the NAFO Executive Secretary, with the Commission and EFCA in copy, their electronic observation standards and guidelines; and(ii)the flag Member State submits a completed copy of the Annex II.M to the CEM referred to in point 35 of the Annex to this Regulation within three months of the electronically observed trip.

For each fishing trip of its vessels without an observer on board, the flag Member State shall physically inspect the landing of the vessel in its ports or otherwise evaluate as appropriate each landing in its ports, following a risk assessment. Inspections shall be documented in the format prescribed in Annex IV.C to the CEM referred to in point 9 of the Annex to this Regulation.’;

‘Article 30

Surveillance procedures

1.The inspecting Member State shall ensure that, for each sighting in the Regulatory Area of a fishing vessel entitled to fly the flag of a NAFO Contracting Party, its inspectors are to record in a Sighting Report ▌ , the following information:(a)inspecting Contracting Party and the inspector(s) identification;(b)identification or call sign of the inspecting platform;(c)flag State, name, and call sign of the sighted fishing vessel;(d)sighted fishing vessel’s activity ▌ as set out in Annex II.I.B to the CEM;(e)date and time of the sighting;(f)position of the fishing vessel at the time of the sighting; and(g)if images or footage were recorded, and any other relevant observations.

2.The inspecting Member State shall ensure that, where an inspector observes in the Regulatory Area a fishing vessel flying the flag of a NAFO Contracting Party for which there are reasons to suspect an apparent infringement of this Regulation, and where an immediate inspection is not practicable, the inspector shall:(a)fill out the Surveillance Report Form in accordance with Annex IV.A to the CEM referred to in point 38 of the Annex to this Regulation. If the inspector has made a volumetric or catch composition evaluation of the content of a haul, the surveillance report shall include all relevant information regarding the composition of the tow, and refer the method used for the volumetric evaluation;(b)record images of the vessel and record the position, date and time the image was recorded; and(c)without delay transmit electronically the surveillance report and images to his or her competent authority.

3.The competent authority of a Member State shall:(a)transmit the Sighting Report relating to a sighting referred to in paragraph 1 to EFCA which shall submit it to the NAFO Executive Secretary within 15 days of the inspection vessel's return to port;(b)transmit the surveillance report to EFCA relating to a sighting referred to in paragraph 2 which shall submit it without delay to the NAFO Executive Secretary ▌ ;(c)upon request, transmit a copy of images and/or footage recorded, and any other available information relating to a sighting, to EFCA which shall in turn submit them to the flag State Contracting Party of the vessel or the flag Member State if different from the inspecting Member State;(d)ensure security and continuity of the evidence for subsequent inspections.

4.Each Member State's competent authority shall, on receipt of a surveillance report relating to a sighting referred to in paragraph 2 concerning a vessel flying its flag, conduct such investigation as may be necessary to determine appropriate follow-up action.

5.Each Member State shall send to EFCA the investigation report referred to in paragraph 4, which shall send it to the NAFO Executive Secretary and to the Commission.’;

‘(v) directed fishing during a closed time contrary to Article 6(1), point (ea), or fishing with an unauthorised mesh size, grid or grate bar spacing, or without the use of grid or grate, contrary to Article 13(2), point (d), when there is no observer on board and the vessel is directing for cod in Division 3L.’;

‘Article 49

Confidentiality and data protection

1.Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

2.Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.

3.Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.

4.In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States shall ensure the confidential treatment of electronic reports and messages transmitted to and received from NAFO pursuant to Article 4(2), point (a), Article 4(6), Article 5(3), point (c), Article 10(2), Article 15(4), Article 22(1), (5) and (6), Article 23(6), Article 25(8), Article 26(9), Article 27(3), (5), (6), (7) and (15), Article 29(1) and (2), Article 34(2), Article 36(4), Article 37(1) and Article 39(8).’;

‘(o) changes to closure periods as provided in Article 6(1), point (ea);”(p)by-catch retained on board as provided for in Article 7(3);(q)information for the notification by the master of the fishing vessel and Member States in relation to lost or abandoned fishing gear, and retrieval of fishing gear as provided for in Article 15(1) and (2);(r)derogations from the observer programme as provided for in Article 27(3);(s)changes to the reference to NAFO document for vessel activity list used by Member States in accordance with Article 30(1), point (d).’;

‘(38) Surveillance Report Form in Annex IV.A to the CEM referred to in Article 30(2), point (a), and Article 45, point (a), to this Regulation;’.

‘(25)“Electronic Monitoring System” or “EMS” means an integrated system of hardware and software that supports acquisition of video footage of fishing activity, positional and/or sensor data, that allows the analysis and reporting of electronic monitoring records.’;

‘1a. Purse seine vessels that exceed their annual catch limit shall be subject to a longer closure period than those referred to in paragraph 1 during the following year, as follows:(a)for purse seine vessels that exceeded the annual catch limit of 1,200 metric tonnes of bigeye tuna the closure period shall be increased by 10 days;(b)for purse seine vessels that exceeded the annual catch limit of 1,500 metric tonnes of bigeye tuna the closure period shall be increased by 13 days;(c) or purse seine vessels ▌ that exceeded the annual catch limit of 1,800 metric tonnes of bigeye tuna, the closure period shall be increased by 16 days;(d)for purse seine vessels that exceeded the annual catch limit of 2,100 metric tonnes, the closure period shall be increased ▌ by 19 days;(e)for purse seine vessels ▌ that exceeded the annual catch limit of 2,400 metric tonnes, the closure period ▌ shall be increased by 22 days.

1b.▌ The additional days of closure pursuant to ▌ paragraph 1a shall be added, as appropriate, to the beginning of the closure for vessels observing the first period referred to in paragraph 1 and to the end of the closure for vessels observing the second period referred to in paragraph 1, such that the closure of the first period always ends on 8 October of each year, and the second period always begins on 9 November of each year.

1c.In order to apply paragraph 1a, Each Member State shall strengthen the monitoring and control system for tuna catches through, inter alia, using on-board observer data, logbooks, port sampling and information from tuna processing facilities. The Commission shall compile and submit to the IATTC Secretariat the final data on the annual catches of bigeye tuna made by individual vessels flying the flag of a Member State no later than 15 February of the following year.

1d.Member States shall estimate the catch of bigeye tuna of each vessel flying its flag at the end of each trip, in the days immediately after the conclusion of the trip and discharge (for example observer estimates, ship's log data, well sampling, cannery data).’;

‘Article 4a

Report of annual by-catches of Pacific bluefin tuna

Each Member State shall report to the Commission annually any by-catches of Pacific bluefin tuna, which cannot exceed 10 metric tonnes per year. The Commission shall report this information annually to the IATTC Secretariat.’;

‘2a. Union purse seine vessels may deactivate a satellite buoy attached to a FAD only in the following circumstances:(a)complete loss of signal reception;(b) beaching;(c) appropriation of a FAD by a third party;(d) temporarily during a selected closure period;(e) when outside of:(i) the area between the meridians 150°W and 100°W, and the parallels 8°N and 10°S;(ii) the area between the meridian 100°W and the coast of the American continent and the parallels 5°N and 15°S; or(f) transfer of ownership.

2b.Union purse seine vessels may remotely reactivate a satellite buoy attached to a FAD at sea in the following circumstances: to assist in the recovery of a beached FAD; after a temporary deactivation during the closure period; or transfer of ownership while the FAD is at sea.

2c.Union purse seine vessels shall report any deactivation or remote reactivation of a satellite buoy attached to a FAD to the flag Member State in conformity with Annexes II and III. The Member State shall send the reports to the Commission at monthly intervals with a time delay of at least 60 days, but no longer than 70 days after the deactivation or remote reactivation. The Commission shall send the reports to the IATTC Secretariat no later than 90 days after the deactivation or remote reactivation of satellite buoys.’;

‘4a. Each Member State shall submit to the Commission information concerning the status of implementation of paragraph 4 for each calendar year in a format consistent with the IATTC standards for the provision of catch and effort data, and this information shall be made available for analysis to the IATTC Scientific staff and the Ad Hoc Working Group on FADs.’;

‘Article 6a

FAD design and recovery

1.To reduce the entanglement of sharks, marine turtles or any other species, Union fishing vessels shall deploy or redeploy only FADs that are not constructed with mesh net or entangling material, in accordance with the specifications set out in Annex IV.

2.To reduce the amount of synthetic marine debris:(a)as of 1 January 2026, the operators of Union fishing vessels shall only deploy or redeploy drifting FADs of biodegradability category I, II, III or IV, as defined in Annex IV;(b)as of 1 January 2029, the operators of Union fishing vessels shall only deploy or redeploy drifting FADs of biodegradability category I or II, as defined in Annex IV.

3.Non-biodegradable materials, in particular nylon ropes, shall be used exclusively to strengthen the structure of the floating or underwater component of the FAD of biodegradability categories I and II, as a temporary solution in the absence of the availability of a biodegradable alternative.

4.To prevent drifting loss or stranding, Member States may initiate voluntary recovery programmes for drifting FADs through cooperative initiatives among fishing vessels operating in the Convention Area or vessels implementing projects for the recovery of such FADs. Without restricting regular fishing operations of purse seine vessels fishing with FADs, such recovery activities shall be limited to the collection of drifting FADs for final disposal, and shall not include any type of maintenance or adjustment. Those vessels shall not deploy FADs unless they are authorised purse seine vessels. Drifting FADs collected under the voluntary recovery programme shall be taken on board and brought to port for recycling or disposal.’;

‘Article 7a

Port State measures

1.A Member State wishing to grant access to its ports to third-country fishing vessels carrying IATTC fishery products caught in the Convention Area or fishery products originating from such resources that have not been previously landed or transhipped at port or at sea shall:(a)designate the ports to which third-country fishing vessels may request entry pursuant to Article 5 of Regulation (EC) No 1005/2008;(b)designate a point of contact for the purposes of receiving prior notice pursuant to Article 6 of Regulation (EC) No 1005/2008;(c)designate a point of contact for the purposes of receiving inspection reports pursuant to Article 11(3) of Regulation (EC) No 1005/2008.

2.Member States shall transmit any changes to the list of designated points of contact and designated ports to the Commission at least 15 days before the changes take effect. The Commission shall forward that information to the IATTC Secretariat at least seven days before the changes take effect.

3.▌Masters of fishing vessels shall facilitate safe access to the fishing vessel, cooperate with the competent authority of IATTC designated ports, facilitate the inspection and communication, and shall neither obstruct, intimidate or interfere, nor cause other persons to obstruct, intimidate or interfere, with port ▌ inspectors in the execution of their duties.

Article 7b

Vessel monitoring system

1.Union fishing vessels shall ensure that the information collected by the vessel monitoring system (VMS) includes:(a)the vessel’s identification;(b)the vessel’s geographical position (latitude and longitude), with an error of less than 100 metres at a confidence level of 98 %;(c)the date and time (UTC) of the fixing of the vessel’s position, and;(d)the vessel’s speed and course.

2.The information referred in paragraph 1 shall be collected at least every four hours for longliners and every two hours for other vessels by the land-based fisheries monitoring centre (FMC) of the Member States.

3.VMS equipment installed on vessels shall, at a minimum, be tamper-evident (namely any attempts to tamper with the equipment will be detectable to the electronic monitoring service provider and the vessel owner, and reported to the respective vessel flag authority), fully automatic for regular position data reporting, always operational regardless of environmental conditions, and capable of manual transmission of reports and messages.

4.A Union fishing vessel shall not be authorised to commence a fishing trip with a defective satellite tracking device. When a device stops functioning or has a technical failure during a fishing trip lasting more than 30 days, a repair or replacement must take place as soon as the vessel enters a port.

5.In the event of ▌ a technical failure or non-functioning of the satellite tracking device fitted on board a fishing vessel that prevents the reception of two consecutive transmissions, the vessel’s master shall commence manual transmission in accordance with paragraph 6, and the device shall be repaired or replaced within 30 days. This shall apply only where the competent authorities have exhausted all reasonable steps to ensure transmissions, and where there is no second functioning satellite tracking device on board.

6.A Union fishing vessel with a defective satellite tracking device shall communicate to the FMC or relevant competent authority at a minimum every six hours, reports containing the information in paragraph 1 by appropriate telecommunication means for example radio, web-based reporting, electronic mail, telefax or telex).

Article 7c

Electronic Monitoring Systems and Vessel Monitoring Plans

▌

1.Union fishing vessels shall apply the minimum technical requirements, performance standards and data requirements set out in Annexes VI and VII when implementing an electronic monitoring system (EMS) in the Convention area.

2.The minimum technical requirements, performance standards and data requirements set out in Annex VI shall be periodically reviewed by the Commission to accommodate technological advances and changes in priorities, as well as the particular requirements of vessels of various sizes, gears, and fishing practices.

3.The minimum technical requirements and performance standards, the activities that should be covered under EMS and captured by the camera(s), and general recommendations for configurations of EMS equipment are set out in Annex VI. Vessels or groups of vessels with similar designs observing those minimum technical requirements and performance standards shall have a Vessel Monitoring Plan (VMP) based on the vessel’s or vessels’ design and specifications.

4.EMS equipment shall automatically and autonomously collect EMS records to generate the required EM data, and shall be tamper-evident (namely any attempts to tamper with the equipment will be detectable to the EM service provider and the vessel owner and reported to the respective vessel flag authority). Both the mandatory minimum data fields that EMS shall collect, as well as optional data fields EMS may collect, for each vessel type are set out in Annex VII.

5.If a Member State intends to achieve fisheries data submission by EMS, it shall develop an EMS Vessel Monitoring Plan (VMP) for each vessel or group of vessels (for example all purse-seine, or all longline, or all longline of a certain size range) fishing for tuna or tuna-like species, on the basis of which EMS equipment is to be operated.

6.Vessels or groups of vessels with similar designs using EMS, observing the minimum standards set out under Annex VI and applying the IATTC minimum standards for EMS shall have a VMP based on the vessel’s or vessels’ design and specifications under Annex VI.

7.The VMP shall describe the configuration, components and installation of EMS equipment on each vessel, and that configuration shall be capable of collecting EMS records consistent with all relevant mandatory minimum standards and technical specifications in that plan. The requisite contents of the VMP are set out in Annex VIII. Member States may choose another format of VMP, provided it complies with the minimum requirements set out in Annex VIII, point 4.

8.A copy of the Member State approved VMP shall be maintained aboard each vessel at all times when EMS equipment is deployed to monitor the vessel’s activities.

9.Any modification to the VMP, including in relation to EMS equipment, shall be reported to the authority of the flag Member State of the vessel for approval.

10.Standards for storage and retention of EMS records, data retrieval and data review and reporting are set out in Annex IX.

11.The master of a Union fishing vessel with a VMP shall ensure that:(a)in case the EMS equipment malfunctions, the malfunctioning is reported to the relevant authority of the flag Member State and, where appropriate, the provider as soon as possible;(b)on-board physical access to the EMS equipment components is provided if requested by the authority of the flag Member State or any authorised personnel;(c)in accordance with the VMP and the camera views capable of collecting the minimum data identified in this Regulation as set out in Annex VI, the cameras have an unobstructed view, and the lenses or lens covers are cleaned, as necessary;(d)the handling of the catch and bycatch, to the extent practicable, allows electronic monitoring cameras an adequate view of the collection of the relevant data fields set out in Annex VI (for example species identification, catch composition, etc.);(e)the transmission or retrieval of electronic monitoring records is carried out in accordance with the standards set out in Annex IX;(f)unless authorised and instructed by the flag Member State or personnel authorised by that Member State, the EMS equipment is not tampered with (for example disconnecting the system, rearranging or obstructing the view of the cameras, disconnecting cameras or sensors, switching off the EMS equipment manually, intentionally breaking the system).

12.Member States that decide to implement EMS to collect fisheries data for submission to the IATTC Secretariat shall ensure that, prior to submitting EMS data to the IATTC Secretariat , vessels flying their flags meet the following mandatory elements of the EMS minimum standards and requirements:(a)that Member State EM programmes are developed, and designed and implemented in a manner that ensures they are transparent, and the resulting data are verifiable in accordance with Annex IX;(b)that the analysis of the EMS records in the synthesis of EM data is carried out by ▌ companies authorised by a Member State, or by ▌ institutions or ▌ authorities in Member States, having the necessary training, knowledge, skills and abilities to ensure effective EM records analysis and EMS data generation; this includes sufficiently accurate species identification;(c)that the health status report of the EMS equipment on board each vessel under its jurisdiction is provided by the EMS service provider or by the EMS equipment itself;(d)that rules and procedures are established for cases of EMS equipment failure, and that those rules and procedures are followed.

13.Member States shall provide to the Commission an EMS programme description detailing, at a minimum, the following information:(a)the VMPs used in the programme;(b)the responsibilities of fishing authorities and vessel owners, masters and crew with respect to installing and maintaining equipment, including routine cleaning of cameras, and responses to mechanical or technical failure of the EMS;(c)protocols for data storage, retrieval and transfer in line with Annex IX;(d)protocols for internal reporting and following-up on possible actions inconsistent with EMS standards that are detected, including rules and procedures in case of EMS equipment failure.

14.The Commission shall submit the EMS programme description to the IATTC Secretariat before the EM programme begins to submit data to the IATTC Secretariat . Member States shall report any changes to their EMS domestic programmes to the Commission. The Commission shall inform the IATTC Secretariat whenever such changes occur.

15.Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall report to the IATTC Secretariat EMS data for each year collected in a manner consistent with the minimum standards set out in this Regulation, ▌ and in a manner consistent with data reporting deadlines ▌ or by the end of the following year, using the formats and guidelines described in Annexes VI, VII and IX ▌ .

16.Member States that decide to implement EMS to collect fisheries data for submission to IATTC shall submit by 15 March ▌ of each year a fleet-level summary of the VMPs to the Commission describing the implementation of their EM programme(s) in the previous year, including, at a minimum, the number of vessels implementing EMS by gear and fishery type; the range of EMS configurations implemented within the fleet; a general description of EMS requirements placed upon vessel masters and crews by the Member State; the percentage of coverage levels achieved by fishery and gear type; details on how those coverage levels were calculated; and, where appropriate, information on compliance monitoring. The Commission shall submit to the IATTC Secretariat by 30 March of each year the report on the implementation of EM programme(s) in the previous year.’;

‘Article 10

Silky sharks

1.It shall be prohibited to retain on board, tranship, land, store, sell or offer for sale any part of or whole carcass of silky sharks (Carcharhinus falciformis) caught by purse-seine vessels in the Convention area.

2.Union purse-seine vessels shall release live silky sharks whenever possible.

3.If silky sharks are unintentionally caught and frozen as part of purse-seine vessel operations, and if the governmental authorities are present at the point of landing, the whole silky shark shall be surrendered to them. If the governmental authorities are unavailable, the whole silky shark surrendered shall not be sold or bartered, but may be donated for purposes of domestic human consumption. Silky sharks surrendered in this manner shall be reported to the IATTC Secretariat.

4.Longline vessels that catch sharks incidentally shall limit bycatch of silky sharks to a maximum of 20 % of the total catch by fishing trip in live weight. The multi-species fisheries using surface longlines (in which the majority of hooks fish at depths shallower than 100 metres and target species other than swordfish) shall limit the catch of silky sharks of less than 100 cm total length to 20 % of the total number of silky sharks caught during the trip.

5.For those multi-species fisheries using surface longlines whose bycatch of silky sharks of less than 100 cm total length exceeds 20 % of silky sharks by weight on average in a year, Member States shall prohibit the use of steel leaders during a period of three consecutive months each year. The average proportion of silky sharks in the catch shall be calculated from data of the previous calendar year.

This paragraph shall also apply to new vessels entering the multi-species fisheries and to vessels for which no data are available from the immediately preceding period.

6.Union fishing vessels of less than 12 metres in length overall using manually operated fishing gear (namely without mechanical or hydraulic winches) and which do not deliver to motherships at any time during the fishing trip are excluded from the application of this Article.

7.Member States shall notify to the Commission, before 15 September of each year, the single period of restricted use of steel leaders referred to in paragraph 5 which shall be observed for the calendar year. The Commission shall, before 1 October of each year, notify the IATTC Secretariat accordingly.

8.Member States shall require the collection and submission of catch data for silky sharks, in accordance with IATTC data reporting requirements. Member States shall also record, through observer programmes and other means, the number and status (dead or alive) of silky sharks caught and released by purse-seine vessels of all capacity classes, and report those data to the IATTC Secretariat .

9.Union fishing vessels shall not fish in silky shark pupping areas identified by the IATTC in accordance with the recommendation of the IATTC scientific staff. The Commission shall transmit the information about silky shark pupping areas to the Member States. The Member States shall make that information available to the operators of fishing vessels flying their flag.’;

‘Article 12

Safe release of sharks

1.Union fishing vessels shall promptly release unharmed all live sharks caught that are not retained ▌ , to the extent practicable, as soon as they are seen on the line, entangled in the net or brailed on the deck, taking due consideration of the safety of any persons. They shall also discard dead sharks that are not retained as catch or by-catch.▌

2. Purse seine vessels shall apply the following measures to safeguard the safety of the persons involved in the operation referred to in paragraph 1:(a)sharks shall be disentangled and released into the ocean as soon as possible after first seen entangled in the net;(b)sharks brailed on deck shall be returned to the water as soon as possible, either using a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment ;(c)the use of gaffs, hooks, or similar instruments for the handling of sharks shall be prohibited;(d)the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (for example to pass a cable through for lifting the shark) shall be prohibited;(e)the lifting of whale sharks (Rhincodon typus) onboard the vessel shall be prohibited, as shall the towing of whale sharks out of a purse-seine net (for example using towing ropes).

3.▌Longline vessels shall apply the following measures to safeguard the safety of the persons involved in an operation referred to in paragraph 1:(a)the sharks shall be ▌ released into the ocean as soon as possible after first seen caught on a hook;(b)sharks brailed on deck shall be returned to the water as soon as possible, either using a ramp from the deck connecting to an opening on the side of the vessel, or through escape hatches. If ramps or escape hatches are not available, the sharks shall be lowered with a sling or cargo net, using a crane or similar equipment ▌ ;(c)the use of gaffs, hooks, or similar instruments for the handling of sharks shall be prohibited;(d)the lifting of sharks by the head, tail, gill slits, or spiracles, or by using bind wire against or inserted through the body shall be prohibited. The punching of holes through the bodies of sharks (for example to pass a cable through for lifting the shark) shall be prohibited;(e)the lifting of whale sharks (Rhincodon typus) onboard the vessel shall be prohibited, as shall the towing of whale sharks ▌ ▌(for example using towing ropes);(f)sharks shall be left in the water where possible;(g)line cutters shall be used to cut the branch line as close to the hook as possible, and so that less than 1 metre remains on the animal, to the extent practicable.

4.In addition to in paragraph 1 of this Article, Union fishing vessels shall apply best safe handling and release practices for sharks in accordance with the guidelines of Annexes 3 and 3.1 to Resolution C-24-05.’;

‘Article 14

Data collection on shark species

1.Masters of Union fishing vessels shall collect and submit catch data for silky and hammerhead sharks to the flag Member State, which shall ▌ submit those data to the Commission by 15 June of each year. The Commission shall forward the data to the IATTC Secretariat by 30 June of each year.

2.Each Member State shall annually report data on catches, effort by gear type, landing and trade of sharks, by species where possible, in accordance with IATTC reporting procedures, including available historical data to the Commission by 15 June of each year. The Commission shall forward the data to the IATTC Secretariat by 30 June of each year.

3.Observers on Union fishing vessels shall record the number and life status (dead or alive) of silky sharks and hammerhead sharks caught and released.

4.Member States shall also provide, through observer programmes, electronic monitoring programmes or other means, the species identification, the number and life status (dead or alive) of all sharks caught, in accordance with applicable monitoring requirements, including those caught incidentally and those released by purse seine vessels of all capacity classes and longline vessels.’;

‘(q) a valid authorisation to fish and/or tranship in the Convention area.’;

‘6. The data collected on FADs in accordance with Article 6 shall be submitted by Member States to the Commission no later than 75 days prior to each regular meeting of the SAC. The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the SAC.’;

‘

-1.Member States shall fill in the standard questionnaire on compliance with ▌ IATTC Resolutions referred to in Annex I to Resolution C-22-02no later than 75 days prior to the annual meeting of the Committee for the Review of Implementation of Measures adopted by the IATTC Commission (“Compliance Committee”). The Commission shall forward that information to the IATTC Secretariat no later than 60 days before the meeting of the Compliance Committee.’;

‘Article 27

Confidentiality and data protection

1.Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

2.Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.

3.Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.

4.In addition to the obligations laid down in Articles 112 and 113 of Regulation (EC) No 1224/2009, Member States, masters of vessels and observers shall ensure the confidential treatment of electronic reports and messages transmitted to and received from the IATTC Secretariat pursuant to Article 10(3), Article 19(5) and (8) and Article 21(6) of this Regulation.’;

‘Article 27a

Guidelines

The Commission shall provide Member States which have fishing opportunities in the Convention area with any guidelines developed by the IATTC, regarding best safe handling and release practices for sharks.

The Member States concerned shall ensure that those guidelines are provided to the masters of vessels flying their flag engaged in the fisheries concerned. Those masters shall take all necessary or possible steps to apply such guidelines.’;

‘(o) the Annexes to this Regulation;’;

‘(p) the reference to the Standard Questionnaire on Compliance with IATTC Resolutions set out in Article 26(-1).’;

‘Article 14

General measures for the protection of sharks

1.Union longline vessels targeting tuna and billfish between 20°N and 20°S, shall not use wire trace as branch lines or wire leaders, and shall be prohibited from using shark lines or branch lines running directly off the longline floats or droplines, known as shark lines, as depicted in Annex VI. Vessels carrying wire trace as branch lines or leaders shall keep them stowed.

2.Union fishing vessels aboard which there is an observer or electronic monitoring camera shall, taking into consideration the safety of the crew and of the observer, ensure that sharks that are caught and which are not to be retained, are hauled alongside the vessel before being cut free in order to facilitate species identification.

3.Sharks that are caught by Union longline vessels and are not retained, shall be released as soon as possible, taking into consideration the safety of the crew and observer, in the following manner:(a)leaving the shark in the water, where possible; and(b)using a line cutter to cut the branch line as close to the hook as possible.’;

‘5. Oceanic whitetip shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Oceanic whitetip shark surrendered in this manner may not be sold or bartered by the competent authorities, but may be donated for the purpose of domestic human consumption.’;

‘6. Silky shark specimens that are unintentionally caught and frozen as part of a purse seine vessel's operation, shall be surrendered by the fishing vessel to the competent authorities or discarded at the point of landing or transhipment. Silky shark surrendered in this manner may not be sold or bartered ▌ by the competent authorities, ▌ but may be donated for purpose of domestic human consumption.’;

‘4. It shall be prohibited for all longline and purse seine vessels to catch, retain on board, tranship, store, land or offer for sale any cetacean (infraorder Cetacea) in whole or in part.’;

‘(c) fishing vessels flagged to non-contracting parties and operated by contracting parties under charter, lease or similar arrangements, which comply with the CMMs.’;

‘(d) safe handling and release of cetaceans.’ ;

‘(j) the progress with the implementation of this Regulation with respect to the conservation of cetaceans, including information collected on interactions with cetaceans in fisheries managed under the Convention;(k)any by-catch of Pacific bluefin tuna (Thunnus orientalis).’.

‘(18) “Electronic Monitoring System” or “EMS” means an integrated system of hardware and software that supports the acquisition of video footages of fishing activity, positional and/or sensor data, that allows the analysis and reporting of electronic monitoring records.’;

‘1a. Union purse seine vessels shall not discard tropical tuna after the point in the fishing operation when the net is fully pursed and more than one half of the net has been retrieved. If equipment malfunctioning affects the process of pursing and retrieving the net in such a way that this rule cannot be complied with, the crew must make efforts to release the tuna and the non-targeted species as soon as possible.

1b.Union purse seine vessels shall, to the extent practicable, retain on board and land all catches of tuna other than those referred to in paragraph 1, rainbow runner, dolphinfish, triggerfish, billfish, wahoo, and barracuda, except fish that are unfit for human consumption.’;

‘Article 5a

Voluntary fishing closure

1.Member States may decide to prohibit vessels flying their flag from fishing for bigeye, yellowfin and skipjack tuna in the Area for a minimum period of 31 consecutive days. Member States may exclude from that prohibition vessels of less than 12 metres in overall length fishing inside the EEZ of a Member State.

2.Member States which decide to implement the fishing closure referred to in paragraph 1 shall communicate the period chosen for the fishing closure to the Commission no later than 15 December of each year. The Commission shall send that information to the IOTC Secretariat no later than 31 December of each year.’;

‘Article 8a

Management of drifting FADs (DFADs)

1.Only purse seine vessels and associated supply vessels are allowed to deploy DFADs and instrumented buoys.

2.Purse seine vessels and associated supply vessels shall only deploy DFADs with an instrumented buoy that has been activated and registered in the DFAD register once the IOTC has implemented the DFAD register. The use of any other buoys, such as radio buoys, is prohibited.

3.Purse seine vessels and associated supply vessels shall only activate instrumented buoys when the buoys are physically present on board, and shall reactivate instrumented buoys only after they have been brought back to port and have been authorised by their flag Member States.

4.Purse seine vessels and associated supply vessels shall take all reasonable precautions to prevent accidental loss of DFADs and instrumented buoys, and shall be prohibited from deliberately discarding DFADs or associated instrumented buoys, except in cases of force majeure.

5.Before reporting the loss of a DFAD, purse seine vessels and associated supply vessels shall, as soon as possible, attempt to locate and retrieve such a lost DFAD.

6.When they retrieve an instrumented buoy attached to a DFAD, purse seine vessels and associated supply vessels shall not leave the DFAD in the sea without an active instrumented buoy.

7.Member States shall draw up a national management plan for the use of DFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - A.

8.Member States shall submit to the Commission the management plan referred to in paragraph 7, no later than 75 days before the IOTC annual meeting. This does not apply to Member States that have submitted their plan before … [the date of entry into force of this amending Regulation].

Any subsequent amendments to the management plans shall be communicated to the Commission no later than 75 days before the ▌ IOTC annual meeting.

Article 8b

Design and construction of DFADs

1.Purse seine vessels and associated supply vessels shall only use DFADs the design and construction of which comply with the following specifications as outlined as an example in Annex 3a:(a)the use of mesh materials shall be prohibited for any part of a DFAD;(b)only non-entangling material and designs shall be used; and(c)the sub-surface structure shall be limited to a length of 50 metres.

2.Purse seine vessels and associated supply vessels shall:(a)as of 1 January 2026, no longer deploy any DFADs of category V and shall only use DFADs of biodegradability categories I, II, III and IV, as defined in Annex 3b;(b)as of 1 January 2027, use only DFADs of biodegradability categories I and II, as defined in Annex 3b; and(c)as of 1 January 2029, use only DFADs of biodegradability category I, as defined in Annex 3b.

3.Instrumented buoys attached to a deployed DFAD shall be permanently and clearly marked with their unique reference number marking (ID provided by the manufacturer of the instrumented buoy) and the IOTC unique vessel identifier number.

4.▌ DFADs shall be permanently marked with a specific IOTC DFAD unique identifier as provided by the IOTC Secretariat. That marking shall be separate from the marking of the instrumented buoy.

5.Purse seine vessels and associated supply vessels encountering DFADs that are not compliant with the requirements of design and construction under this Article shall, as far as practicable, immediately retrieve such DFADs from the water. Purse seine vessels and associated supply vessels shall report such cases to their flag Member States. Member States shall report the information to the Commission which shall in turn report it to the IOTC Secretariat.

6.Member States shall submit information concerning the status of implementation of biodegradable DFADs in accordance with Article 51(5).

Article 8c

Reporting obligations for DFADs

1.Union fishing vessels shall record any fishing activities in association with a floating object (DFAD or log) and/or an instrumented buoy, from the deployment to the end of use, using the specific data elements set out in Annex 3 and the template provided by the IOTC Secretariathttps://data.iotc.org/reference/latest/guidelines/#DFOB-related_activities.. Member States shall send that information to the Commission in accordance with Article 51(2).

2.Union fishing vessels shall submit annually the number of instrumented buoys assigned to them by the end of each calendar year, including instrumented buoys which have been lost, abandoned or discarded by 1° by 1° grid area and month strata and DFAD type to their flag Member State. That Member State shall send the information to the Commission. The Commission shall stratify the information by fleet, year, month and 1° by 1° grid, and express it as the average daily number of active instrumented buoys in each stratum, in accordance with Article 51(2).

3.Until the Commission notifies the Member States of the entry into force of the DFAD register, Member States shall ensure that their flagged vessels record in the appropriate logbook the date, time and geographical coordinates (decimal degrees) of deployment for each instrumented buoy, associated with its instrumented buoy unique reference number.

4.The owners of ▌ IOTC DFAD ▌ buoys shall insert the following information concerning the deployment of instrumented buoys, including for buoys deployed before the entry into force of the DFAD register and which are still active:(a)the unique instrumented buoy reference number, that allows the identification of the owner of the buoy;(b)the name of the owner of the instrumented buoy;(c)the unique IOTC Record of Authorised Vessels number of the purse seiner that is assigned to the instrumented buoy;(d)the Member State of the purse seine vessel to which the instrumented buoy is assigned;(e)the manufacturer of the instrumented buoy;(f)the model name of the instrumented buoy;(g)the IOTC DFAD unique identifier, as provided by the IOTC Secretariat;(h)the biodegradability category of the DFAD, or log when applicable, with which the buoy was deployed;(i)the date and time of deployment;(j)the location of deployment.

▌

5.The owner of the instrumented buoy shall notify, through the DFAD register and within 24 hours of activation, the IOTC Secretariat and its flag Member State when an instrumented buoy is activated, together with the IOTC DFAD unique identifier as provided by the IOTC Secretariat.

6.Member States shall verify the information provided by the owners of instrumented buoys to the DFAD register, and validate it at least once a year.

7.The owner of an instrumented buoy shall notify, through the DFAD register and within 72 hours of deactivation, the IOTC Secretariat when an instrumented buoy is deactivated, including whether the DFAD and instrumented buoy were retrieved. If an active instrumented buoy attached to a DFAD is deactivated without being retrieved, the owner of the buoy shall include in the notification through the DFAD register, the date, time, last location of the instrumented buoy and the reasons for deactivating it. The owner of the instrumented buoy shall record in the DFAD register when an instrumented buoy has been decommissioned (namely the buoy was retrieved and cannot be redeployed or reactivated).

8.Member States shall transmit to the Commission the following daily information on all active DFADs:(a)the geographical location (degrees, minutes and seconds);(b)the date;(c)the time;(d)unique instrumented buoy reference number;(e)the name and IOTC registration number of the vessels to which the instrumented buoy is assigned.

The information shall be compiled at monthly intervals and submitted not earlier than 30 days but no later than 60 days after the monthly compilation of the information concerned. The Commission shall send that information to the IOTC Secretariat

9.Member States may submit to the Commission a reasoned request for access to the information listed in paragraph 4, points (c), (d) and (j), pertaining to DFADs deployed by other Member States or CPCs.

10.In the event that a Member State or CPC requests access to the information listed in paragraph 4, points (c), (d) and (j), pertaining to DFADs deployed by another Member State, the Commission shall forward that request to the other Member State concerned. In the event that a CPC requests that information, the Commission shall forward the request only after asking the requesting CPC for the reasons for its request. The Member State concerned shall provide to the Commission within 20 days its consent to provide the information referred to in paragraph 4, point (j), or its reasoned refusal.’;

‘Article 9

Anchored FADs (AFADs)

1.Union fishing vessels shall record fishing activities in association with AFADs using the specific data elements set out in Annex 3. Member States shall send that information to the Commission in accordance with Article 51(2).

2.Member States shall draw up a national management plan for the use of ▌ AFADs by their fishing vessels. The management plan shall follow the guidelines set out in Annex 2 - B.

3.Member States shall ensure that their vessels only use AFADs that are permanently and clearly marked with a unique national identification number that identifies the Member State or the vessel(s) to which the AFAD belongs, as applicable.

4.Member States shall undertake at-sea inspections to ensure that the AFADs deployed are marked and constructed in accordance with Article 9a.

5.Member States shall report to the Commission when a new ▌ AFAD is deployed in ▌ Union waters, within 15 days of the deployment, with the following information:(a)the date of deployment(b)the position (GPS coordinates)(c)unique national identification number, referred to in paragraph 3.

The Commission shall send that information to the IOTC Secretariat without delay, and no later than 21 days after the deployment.

6.No later than 75 days before the IOTC annual meeting, Member States shall submit a progress report on the implementation of the management plan for the use of ▌ AFADs and, if necessary, a review of the initially submitted management plan. The progress report shall include a register of deployed, lost, abandoned, and discarded ▌ AFADs, and the number and outcome of inspections referred in paragraph 4.

7.The Commission shall send that information to the IOTC Secretariat no later than 60 days before the IOTC annual meeting.’;

‘Article 9a

Design and construction of AFADs

1.Member States and Union fishing vessels shall use only non-entangling designs and materials for the construction of the sub-surface aggregators of the AFADs. Sub-surface aggregators attached to the mooring line shall be constructed from biodegradable materials.

2.Member States and Union fishing vessels are encouraged to construct AFADs from materials that will ensure increased longevity.

3.Member States and Union fishing vessels shall ensure that the nature and profile of the sea bottom is taken into account when choosing a site for deploying or replacing deployed AFADs, and that sites with steep slopes are avoided, where possible, in order to minimise the risk of loss ▌ .

4.Member States and Union fishing vessels shall ensure that the upper floatation of AFADs is suitable for offshore, high-current deployments by using designs which are streamlined to reduce drag and resistance to currents and waves.’;

‘3. Union carrier vessels authorised to receive transhipments of IOTC species shall separate and stow transhipped fish by fishing vessel and develop a stowage plan to show the locations in the hold of the quantities by vessel and major species and, if possible, by other species. The carrier vessel master shall submit the stowage plan to inspectors, if requested.’;

‘(b) report interactions with cetaceans to the vessel’s flag Member State, with the following information:(i)the species (if known);(ii)the number of individuals;(iii)a short description of the interaction, including details of how and why the interaction occurred, if possible;(iv)the location of the encirclement;(v)the steps taken to ensure safe release; and(vi)an assessment of the life status of the animal on release, including whether the cetacean was released alive but subsequently died.’;

‘4. Member States shall ensure that Union fishing vessels are aware of and use proper mitigation, identification, handling and releasing techniques and keep on board all necessary equipment for their safe release of cetaceans.’;

‘1. Union fishing vessels shall use mitigation measures to reduce the levels of seabird bycatch across all fishing areas, seasons and fisheries. In the area south of 25 degrees South latitude, all longline vessels shall use at least two of the three mitigation measures set out in Annex 4 ▌ or, alternatively, use only hook-shielding devices, and shall comply with the minimum standards for those measures. The design and deployment of bird scaring lines shall comply with the additional specifications set out in Annex 5.’;

‘4. Provided that the minimum mandatory Regional Observer Scheme data reporting standardsIOTC Regional Observer Scheme Data Collection Fields: https://iotc.org/sites/default/files/documents/2023/05/IOTC-ROS-DataStandards.pdf are met, Member States may complement or substitute the minimum human observer coverage provided for in paragraph 1 by means of an electronic monitoring system (EMS). EMS shall be complemented by port sampling and/or other data collection methods approved by the IOTC when required.

5.Member States which choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 of this Article shall ensure that their national electronic monitoring programme, their electronic monitoring system and data standards follow the requirements set out in this Regulation, including Annex 11 hereto, for the purpose of IOTC’s Regional Electronic Monitoring Programme (REMP). ▌

6.Member States which choose to implement EMS to partially or fully meet the minimum coverage set out in paragraph 1 shall:(a)ensure that a Vessel Monitoring Plan (VMP) as set out in Part 3 of Annex 11 is developed for each vessel equipped with EM equipment and delivered to the Member State’s competent authorities;(b)ensure that EM equipment is installed on those vessels in accordance with the VMP to collect the required data and to comply with the coverage objectives agreed by the Commission;(c)ensure that EMS implementation is consistent with IOTC’s REMP and its minimum standards;(d)collaborate to ensure that National EM Programmes are compatible and harmonised where necessary;(e)document the roles and responsibilities of competent authorities and vessel owners and crew with respect to inter alia installing and maintaining equipment, routine cleaning of cameras, sending storage devices, access to EM records and EM data, responses to mechanical or technical failure of EMS;(f)provide the IOTC Secretariat with the contact details of their EM Programme Coordinator(s).’;

‘1a. When carrying out their duties, observers shall use the IOTC Regional Observer Scheme Minimum Standard Data Fields, the IOTC data collection forms, the IOTC Species identification cards, the IOTC Observer Manual and the IOTC Observer Forms as provided by the Commissionhttps://iotc.org/science/regional-observer-scheme-science.

1b.Observers deployed on purse seine vessels shall collect detailed information on the DFAD design used and its conformity with the requirements set out in Annex 3a prior to the deployment of each DFAD.’;

‘4. Member States which choose to implement EMS shall submit to the Commission the following information:(a)by 15 June of each year, the vessel monitoring plan for each vessel using EMS, outlining the EMS setup on each vessel, following the guidelines set out in Annex 11;(b)by 15 June of each year, a Regional Observer Scheme data collection table specifying the following data fields:(i)the data field name and description;(ii)the data field reporting requirement level (i.e. mandatory to collect, mandatory to report if collected, not mandatory);(iii)a brief description of the data collection method used to collect data for each data field.(iv)in their national scientific report to be submitted in accordance with Article 51(6), a summary of the vessel monitoring plan specifying:–the number of flagged vessels, by gear and fishery type, implementing EMS.–the range of EMS configurations implemented within the fleet (including the numbers and placements of cameras for each configuration);–a general description of EMS requirements imposed by the administration on the crew of the vessels.’;

‘3. Port Member States should prioritise inspection in port of the following vessels:(a)carrier vessels the Automatic Identification System (AIS) or VMS signals of which disappear under suspicious circumstances and without explanation, and carrier vessels the signals of which indicate dubious movements;(b)carrier vessels not entered into the IOTC Record of Carrier Vessels.

4.Inspection of transhipment activities in port should involve the monitoring of the entire transhipment operation, including a review of the prior authorisation to tranship in port issued by the flag CPC to the fishing vessel.’;

‘In addition to the information referred to in paragraph 1, Member States shall include the following fishing effort data by the purse seiners fleet using supply vessels and FADs and fishing vessels fishing on AFADs:’;

‘(d) any fishing activities in association with a floating object (DFAD or log) and/or an instrumented buoy, from the deployment to the end of use, using the specific data elements set out in Annex 3;(e)any fishing activities in association with AFADs using the specific data elements set out in Annex 3.’;

‘5. Member States shall submit to the Commission, 75 days before the annual meeting of the IOTC, information for the preceding calendar year containing the information on actions taken to implement their reporting obligations for all IOTC fisheries, including shark species caught in association with IOTC fisheries, in particular the steps taken to improve their data collection for direct and incidental catches, and the implementation of biodegradable DFADs as provided for in Article 8b. The Commission shall compile that information into a Union implementation report and submit it to the IOTC Secretariat no later than 60 days before the annual meeting of the IOTC.’;

‘(e) report on EMS as provided in Article 30 (4).’;

‘(k) changes to reporting obligations and notifications for drifting FADs in Article 8c.’;

‘6. In the event of force majeure preventing the planned joint fishing operation from taking place, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, the Member State concerned is allowed to transfer the unused quotas of vessels participating in a joint fishing operation to its vessels or to vessels of other Member States participating in another joint fishing operation, provided that such transfer is necessary due to force majeure. Member States shall notify the Commission of such transfers as soon as possible, together with a description of the events constituting the force majeure. That information shall be transmitted to the Commission prior to the start of the joint fishing operation involving the vessels receiving the unused quota. The Commission shall forward that information to the ICCAT Secretariat.’;

‘3. By way of derogation from paragraph 1 of this Article, Member States where bluefin tuna is landed may set a shorter period for the prior notification referred to in paragraph 1 of this Article ▌ , taking into account the type of fishery products and the distance between the fishing grounds and the port or landing site, and provided that such a shorter period of prior notification does not impair the ability of that Member State to carry out inspections. Member States may apply that derogation only to vessels referred to in Article 26 that catch less than three specimens of bluefin tuna or less than one tonne. Where catches are taken between the time of the prior notification and arrival at port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.

4.Member States making use of the derogation provided for in paragraph 3 of this Article shall inform the Commission and provide the details of the potential shortened prior notification period and the reasons therefor, and the remainder of the conditions for the prior notification, prior to its implementation, in their monitoring, control, and inspection plan referred to in Article 14. Any subsequent changes shall be notified to the Commission without delay, and at least 20 days before those changes take effect. The Commission shall transmit that information to the ICCAT Secretariat at least 14 days before the changes take effect and the Commission shall make that information available on a public website of the Commission. Member States shall also make the information on shorter periods for prior notification available on public websites.

5.The authorities of the port Member State shall keep a record of all prior notifications for a period of one year from the date of port entry.’;

‘5a. All landings in the Union shall be controlled by the relevant control authorities of the port Member State, and a percentage of landings shall be inspected based on a risk assessment system involving quotas, fleet size and fishing effort. Full details of the control system adopted by each Member State shall be set out in the annual monitoring, control and inspection plan referred to in Article 14.’;

‘7. Where bluefin tuna is landed in Member State or CPC ports, or Member State or CPC landing facilities, other than the ports or landing facilities of the notified Member State, the masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the Member State or CPC where the bluefin tuna is landed which shall contain the information required in ▌ Article 17(2), points (a), (b) and (c), of Regulation (EC) No 1224/2009 and the quantities and weight of the bluefin tuna landed.’;

‘3. The original ITD shall accompany the transfer to the farm of destination where bluefin tuna individuals are to be caged. At first transfer, the original ITD shall be duplicated by the donor operator when a single catch is transferred from the purse seine or the trap to more than one transport cage. In the event of a further transfer, the master of the donor towing vessel shall update the ITD by completing section 3 (further transfers) thereof, and provide the updated ITD to the receiving towing vessel. The updated ITD shall be duplicated by the master of the donor towing vessel if the fish subject to further transfer is divided into more than one transport cage. A copy of the original/updated ITD shall be kept on board the donor catching or towing vessels, or by the operator of the donor trap or donor farm and shall be accessible at any time for control purposes for the duration of the fishing season.’;

‘(a) for the first transfer and any voluntary or control transfer, to the ICCAT regional observer, to the master of the receiving towing vessel and, at the end of the fishing trip, to the competent authority of the flag or trap Member State of the donor operator;’;

‘1. On arrival of the towing vessel in the vicinity of the farm, the competent authority of the farm Member State shall ensure that the towing vessel and the cage are maintained at a distance of a minimum of 0,1 nautical miles 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.’;

’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. That deadline shall not apply in the case of inter-farm transfers.’;

‘2a. In the event of persistent turbidity conditions in the farm area, the ▌ competent authority of the farm Member State may authorise the control caging to take place outside the farm, in an adjacent area where there is sufficient visibility. The farm Member State shall document the measurement of the turbidity according to standard methods.’;

‘1. Intra-farm transfer shall not take place without the authorisation 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 those transfers, including by verifying the video footage and shall ensure that each intra-farm transfer is recorded in the eBCD system.’;

‘1a. 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 intra-farm transfer and the number of individuals expected to be present in the cage. When the difference is ▌ larger than 5 %, 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.’;

‘Article 65

Confidentiality and data protection

1.Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

2.Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.

3.Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’;

‘(b) deadlines for reporting information as laid down in Article 7(2), point (a), Article 9(1), Article 16(1) and (2), Article 24(4), Article 26(1), Article 29(1), Article 32(2) and (3), Article 35(5) and (6), Article 36, Article 41(3), Article 44(2), Article 52(2), Article 57(5), point (b), and Article 58(6);(c)time periods for fishing seasons as provided in Article 17(1), (2), (3) and (4);’;

‘(e) the percentages and reference parameters laid down in Article 13, Article 15(3) and (4), Article 20(1), Article 21(2), Article 38(1), Article 44(2), Article 46(1), point (a), Article 50 and Article 51(8);(f)the information to be submitted to the Commission referred to in Article 7(2), point (a), Article 11(1) Article 16(1), Article 24(1), Article 25(3), Article 29(1), Article 30(5), Article 32(1), Article 34(2) and Article 40(1);’;

‘(o) the information in the daily catch reports referred to in Article 32(1), the information on prior notification of landings referred to in Article 34(2), the information to be included in a prior transfer notification referred to in Article 40(1).’.