Conservation of Stock [EU]
Conservation of certain stocks of migratory fish
The European Community participates in regional fisheries organisations (RFO) establishing a framework for cooperation on the conservation and management of stocks of highly migratory fish. As a contracting party, it is required to apply the control and monitoring measures resulting from recommendations adopted by these RFO. It is therefore necessary to transpose and combine them in a single act and to incorporate the control measures for these stocks which are currently dispersed in a number of Community Regulations.
Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish
The Council lays down the control and inspection measures applicable to fishing for certain stocks of highly migratory fish listed in Annex I of this Regulation. The main species concerned are tuna, swordfish, sharks, etc.
Community fishing for highly migratory species takes place in a number of marine zones. This Regulation therefore applies to fishing vessels flying the flag of Member States and registered in the Community, operating in one of the following zones.
- Zone 1: all waters of the Atlantic Ocean and adjacent seas included in the area covered by the International Convention for the Conservation of Atlantic Tunas *(ICCAT Convention). This Convention enabled the creation of a fisheries organisation which the Community joined in 1997: the International Commission for the Conservation of Atlantic Tunas (ICCAT);
- Zone 2: all Indian Ocean waters covered by the Indian Ocean Tuna Commission *(IOTC);
- Zone 3: all Eastern Pacific Ocean waters including the zone defined in the agreement on the International Dolphin Conservation Programme.
Fattening of bluefin tuna
Where bluefin tuna are transferred for fattening * from a Community fishing vessel to a transport vessel, the masters of the two vessels are required to enter certain data in their respective logbooks (the quantities of bluefin tuna transferred, the catch zone, the date and position where the transfer took place, etc.). Similarly, the competent authorities of the Member State register the quantities of bluefin tuna put into cages by vessels flying their flag. Member States notify to the Commission data relating to the quantities of bluefin tuna caught and caged by vessels flying their flag and exports and imports of bluefin tuna caught and intended for fattening.
Member States ensure that bluefin tuna fattening farms under their jurisdiction submit a caging declaration to their competent authority and are listed on the ICCAT register. They must also ensure notification of the list of vessels authorised to fish and/or transfer bluefin tuna for caging.
Catch notification
Member States transmit to the Commission the annual nominal catch data for species indicated in Annex II. They also communicate information available on catches of and trade in sharks as well as estimates of catches, including releases, and landings of white and blue marlin. The Commission in turn transmits the data to the ICCAT Executive Secretariat.
Safeguards against illegal, undeclared and unregulated fishing
Member States must try to deter their nationals from participating in activities that conflict with implementation of the ICCAT conservation and management measures.
Register of vessels authorised to fish in the convention area
Each Member State communicates to the Commission a list of vessels flying its flag and registered on its territory, measuring more than 24 metres in length, which are authorised to fish tunas and related species in the ICCAT convention area. The Commission transmits this information to the ICCAT Executive Secretariat. The Member States ensure that only vessels included on the list carry out fishing.
Transhipment
Vessels registered on the ICCAT list which fish by longlining must obtain authorisation from the competent authorities of the flag Member State before carrying out transhipment procedures in the ICCAT Convention fishing area.
Annual report
Member States send the Commission an annual report, using the layout adopted by ICCAT and including information on implementation of the satellite surveillance system and an ‘ICCAT declaration table’.
Port inspection procedures
Member States must assign to inspection duties at their ports inspectors responsible for the surveillance and inspection of transhipment and landing, and issue them with a special identification document. The master of the vessel must cooperate with the vessel inspection and afford inspectors the means to examine all zones as well as equipment and documents.
Procedures in the event of infringement
If there is reason to believe that a vessel has engaged in an activity breaching the conservation measures adopted by ICCAT, the inspector notes the infringement in his report, takes all necessary action to ensure safekeeping of the evidence for it and sends the report to his authority.
A Member State that has been notified of an infringement by a vessel flying its flag must act speedily to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission, for its part, informs the ICCAT Executive Secretariat.
Measures specific to stateless and non-contracting party’s vessels
Community fishing vessels may not receive transhipments of the species listed in Annex I from stateless vessels or those flying the flag of a non-contracting party that does not have the status of a ‘cooperating party’. Member States communicate to the Commission the results of any inspections of stateless vessels and the appropriate measures that they have taken in accordance with international law.
Zone 2
Each Member State takes the necessary measures to ensure that vessels flying its flag respect the measures applicable in the zone.
Register of authorised vessels
Each Member State sends to the Commission the list of vessels of more than 24 metres overall length flying its flag and registered in its territory that it authorises to fish for tunas and tuna-like fish in the IOTC area. The Commission sends this information to the IOTC Executive Secretariat. Member States ensure that only vessels registered on the list carry out fishing activities.
Transhipment
Vessels registered on the IOTC list which fish by longlining must obtain authorisation from the competent authorities of the flag Member State before carrying out transhipment procedures in the IOTC fishing area.
Marking of fishing gear
Special markings are laid down for the fishing gear of Community vessels authorized to fish in the IOTC zone.
Statistical notification for scientific purposes
Member States transmit to the IOTC secretariat various statistical data on fishing effort and catches concerning migratory species. They must set up a computerised database containing the statistical data provided for, with access for the Commission.
Port inspection procedures
Member States assign to inspection duties at their ports inspectors responsible for the surveillance and inspection of transhipment and landing of the species listed in Annex I. Member States issue a special identification document to each inspector. The master of the vessel cooperates with the vessel inspection and provides the means for examining the zones, equipment and documents.
Procedure in event of infringement
If there is serious reason to believe that a fishing vessel has engaged in an activity breaching the conservation measures adopted by IOTC, the inspector notes the infringement in the inspection report. He takes all necessary action to ensure safekeeping of the evidence and sends the inspection report to his authority. The Member State which has been notified of an infringement by a vessel flying its flag shall take speedy action to obtain and examine the evidence, carry out any necessary investigation and inspect the vessel. It then notifies the Commission of the penalties imposed and measures taken with regard to the vessel concerned. The Commission in turn informs the IOTC Executive Secretariat.
Stateless and non-contracting parties’ vessels
It is prohibited for Community fishing vessels to receive transhipments of fish of the species listed in Annex I from stateless vessels or those flying the flag of a non-Contracting Party that does not have the status of a ‘cooperating party’. Member States send any inspection findings of stateless vessels and any action they have taken under international law to the Commission.
Zone 3
Each Member State takes the necessary measures to ensure that vessels flying its flag respect the IATTC measures transposed into Community law and the International Dolphin Conservation Programme agreement measures applicable.
The Commission is assisted by the Management Committee for Fisheries and Aquaculture.
| Key terms used in the act |
| ·        United Nations Convention on the Law of the Sea: this convention, which entered into force in 1994, lays down the bases of international law of the sea. It governs many aspects of maritime affairs, from fisheries through marine pollution and scientific research to navigation.
·        International Convention for the Conservation of Atlantic Tunas (ICCAT Convention): this convention, to which the Community has been a party since 14 November 1997, set up the International Commission for the Conservation of Atlantic Tunas (ICCAT). The recommendations on conservation and management in the convention area adopted by this commission are binding on the contracting parties. ·        Indian Ocean Tuna Commission (IOTC): this Commission, of which the Community has been a member since 18 September 1995, provides a framework for strengthening international cooperation for the purpose of conserving and rationally utilising tuna and related species in the Indian Ocean and adjacent areas. It adopts recommendations which are binding on the contracting parties. ·        Fattening: the raising of individuals in cages to increase their weight or fat content with a view to marketing. |
References
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Regulation (EC) No 1936/2001 | 23.10.2001 | – | OJ L 263 of 3.10.2001 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Regulation (EC) No 869/2004 | 7.5.2004 | – | OJ L 162 of 30.4.2004 |
| Regulation (EC) No 1005/2008 | 29.10.2008 | – | OJ L 286 of 29.10.2008 |
| Regulation (EC) No 302/2009 | 18.4.2009 | – | OJ L 96 of 15.4.2009 |