Annexes to COM(2018)229 - Multiannual recovery plan for Mediterranean swordfish

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dossier COM(2018)229 - Multiannual recovery plan for Mediterranean swordfish.
document COM(2018)229 EN
date June 20, 2019
ANNEX I

ICCAT MINIMUM STANDARDS FOR FISHING VESSELS SCIENTIFIC OBSERVER PROGRAMMES

General Provisions

1.These are the minimum standards for fishing vessels scientific observer programmes laid down in ICCAT Recommendation 16-14.

Qualifications of Observers

2.Without prejudice to any training or technical qualifications recommended by the SCRS, CPCs shall ensure that their observers have the following minimum qualifications to accomplish their tasks:
(a)sufficient knowledge and experience to identify ICCAT species and fishing gear configurations;

(b)the ability to observe and record accurately the information to be collected under the programme;

(c)the capability of performing the tasks set forth in paragraph 7 below;

(d)the ability to collect biological samples; and

(e)minimum and adequate training in safety and sea survival.

3.In addition, in order to ensure the integrity of their national observer programme, CPCs shall ensure the observers:
(a)are not crew members of the fishing vessel being observed;

(b)are not employees of the owner or beneficial owner of the fishing vessel being observed; and

(c)do not have current financial or beneficial interests in the fisheries being observed.

Observer Coverage

4.Each CPC shall ensure the following with respect to its domestic observer programmes:
(a)a minimum of 5 % observer coverage of fishing effort in each of the pelagic longline and as defined in the ICCAT glossary, baitboat, traps, gillnet and trawl fisheries. The percentage coverage will be measured:

(i)for pelagic longline fisheries, by number of fishing days, sets, or trips;

(ii)for baitboat and trap fisheries, in fishing days;

(iii)for gillnet fisheries, in fishing hours or days; and

(iv)for trawl fisheries, in fishing hauls or days;

(b)Notwithstanding point (a), for vessels less than 15 metres in length overall, where an extraordinary safety concern may exist that precludes deployment of an onboard observer, a CPC may employ an alternative scientific monitoring approach that will collect data equivalent to that specified in ICCAT Recommendation 16-14 in a manner that ensures comparable coverage. In any such cases, the CPC wishing to avail itself of an alternative approach must present the details of the approach to the SCRS for evaluation. The SCRS will advise ICCAT on the suitability of the alternative approach for carrying out the data collection obligations set out in ICCAT Recommendation 16-14. Alternative approaches implemented pursuant to this provision shall be subject to the approval of ICCAT at the annual meeting prior to implementation;

(c)representative temporal and spatial coverage of the operation of the fleet to ensure the collection of adequate and appropriate data as required under ICCAT Recommendation 16-14 and any additional domestic CPC observer programme requirements, taking into account characteristics of the fleets and fisheries;

(d)data collection on pertinent aspects of the fishing operation, including catch, as detailed in paragraph 7.

5.CPCs may conclude bilateral arrangements whereby one CPC places its domestic observers on vessels flying the flag of another CPC, as long as all provisions of ICCAT Recommendation 16-14 are complied with.

6.CPCs shall endeavour to ensure that observers alternate vessels between their assignments.

Tasks of the Observer

7.CPCs shall require, inter alia, observers to:
(a)Record and report upon the fishing activity of the observed vessel, which shall include at least the following:

(i)data collection, that includes quantifying total target catch, discards and by-catch (including sharks, sea turtles, marine mammals, and seabirds), estimating or measuring size composition as practicable, disposition status (i.e., retained, discarded dead, released alive), the collection of biological samples for life history studies (e.g., gonads, otoliths, spines, scales);

(ii)collect and report on all tags found;

(iii)fishing operation information, including:

—location of catch by latitude and longitude,

—fishing effort information (e.g., number of sets, number of hooks, etc.),

—date of each fishing operation, including, as appropriate, the start and stop times of the fishing activity,

—use of fish aggregating objects, including fish aggregating devices (FADs), and

—general condition of released animals related to survival rates (i.e. dead/alive, wounded, etc.);

(b)observe and record the use of by-catch mitigation measures and other relevant information;

(c)to the extent possible, observe and report environmental conditions (e.g., sea state, climate and hydrologic parameters, etc.);

(d)observe and report on FADs, in accordance with the ICCAT Observer programme adopted under the multiannual conservation and management programme for tropical tuna; and

(e)perform any other scientific tasks as recommended by SCRS and agreed by ICCAT.

Obligations of the observer

8.CPCs shall ensure that the observer:
(a)does not interfere with the electronic equipment of the vessel;

(b)is familiar with the emergency procedures aboard the vessel, including the location of life rafts, fire extinguishers and first aid kits;

(c)communicates as needed with the master on relevant observer issues and tasks;

(d)does not hinder or interfere with the fishing activities and the normal operations of the vessel;

(e)participates in a debriefing session(s) with appropriate representatives of the scientific institute or the domestic authority responsible for implementing the observer programme.

Obligations of the master

9.CPCs shall ensure that the master of the vessel to which the observer is assigned:
(a)permits appropriate access to the vessel and its operations;

(b)allows the observer to carry out his/her responsibilities in an effective way, including by:

(i)providing appropriate access to the vessel's gear, documentation (including electronic and paper logbooks), and catch;

(ii)communicating at any time with appropriate representatives of the scientific institute or domestic authority;

(iii)ensuring appropriate access to electronics and other equipment pertinent to fishing, including but not limited to:

—satellite navigation equipment,

—electronic means of communication;

(iv)ensuring that no one on board the observed vessel tampers with or destroys observer equipment or documentation; obstructs, interferes with, or otherwise acts in a manner that could unnecessarily prevent the observer from performing his or her duties; intimidates, harasses, or harms the observer in any way; or bribes or attempts to bribe the observer;

(c)provides accommodation to observers, including lodging, food and adequate sanitary and medical facilities, equal to those of officers;

(d)provides the observer adequate space on the bridge or pilot house to perform his/her tasks, as well as space on deck adequate for carrying out observer tasks.

Duties of the CPCs

10.Each CPC shall:
(a)require its vessels, when fishing for ICCAT species, to carry a scientific observer in accordance with the provisions of ICCAT Recommendation 16-14;

(b)oversee the safety of its observers;

(c)encourage, where feasible and appropriate, their scientific institute or domestic authority to enter into agreements with the scientific institutes or domestic authorities of other CPCs for the exchange of observer reports and observer data between them;

(d)provide in its annual report for use by ICCAT and the SCRS, specific information on the implementation of ICCAT Recommendation 16-14, which shall include:

(i)details on the structure and design of their scientific observer programmes, including, inter alia:

—the target level of observer coverage by fishery and gear type as well as how measured,

—data required to be collected,

—data collection and handling protocols in place,

—information on how vessels are selected for coverage to achieve the CPC's target level of observer coverage,

—observer training requirements, and

—observer qualification requirements;

(ii)the number of vessels monitored, the coverage level achieved by fishery and gear type; and

(iii)details on how those coverage levels were calculated;

(e)following the initial submission of the information required under paragraph 10(d)(i), report changes to the structure or design of its observer programmes in its annual reports only when such changes occur. CPCs shall continue to report the information required pursuant to paragraph 10(d)(ii) to ICCAT annually;

(f)each year, using the designated electronic formats that are developed by the SCRS, report to the SCRS information collected through domestic observer programmes for use by ICCAT, in particular for stock assessment and other scientific purposes, in line with procedures in place for other data reporting requirements and consistent with domestic confidentiality requirements;

(g)ensure implementation of robust data collection protocols by its observers, when carrying out their tasks referred to in paragraph 7, including, as necessary and appropriate, the use of photography.

Duties of the Executive Secretary

11.The Executive Secretary facilitates access by SCRS and ICCAT to relevant data and information submitted pursuant to ICCAT Recommendation 16-14.

Duties of the SCRS

12.The duties of the SCRS are to:
(a)develop, as needed and appropriate, an observer working manual for voluntary use by CPCs in their domestic observer programmes, that includes model data collection forms and standardised data collection procedures, taking into account observer manuals and related materials that may already exist through other sources, including CPCs, regional and sub-regional bodies, and other organisations;

(b)develop fisheries specific guidelines for electronic monitoring systems;

(c)provide ICCAT with a summary of the scientific data and information collected and reported pursuant to ICCAT Recommendation 16-14 and any relevant associated findings;

(d)make recommendations, as necessary and appropriate, on how to improve the effectiveness of scientific observer programmes in order to meet the data needs of ICCAT, including possible revisions to ICCAT Recommendation 16-14 or with respect to implementation of these minimum standards and protocols by CPCs.

Electronic Monitoring Systems

13.Where they have been determined by SCRS to be effective in a particular fishery, electronic monitoring systems may be installed on board fishing vessels to complement or, pending SCRS advice and an ICCAT decision, to replace the human observer on board.

14.CPCs should consider any applicable guidelines that are endorsed by SCRS on the use of electronic monitoring systems.

15.CPCs are encouraged to report to the SCRS their experiences in the use of electronic monitoring systems in their ICCAT fisheries to complement human observer programmes. CPCs who have not yet implemented such systems are encouraged to explore their use and report their findings to the SCRS.


ANNEX II

REQUIREMENTS FOR FISHING LOGBOOKS

Minimum specifications for fishing logbooks:

1.The logbook shall be numbered by sheet.

2.The logbook shall be completed every day (midnight) or before port arrival.

3.The logbook shall be completed in case of at-sea inspections.

4.One copy of the sheets shall remain attached to the logbook.

5.Logbooks shall be kept on board to cover a period of one year of operation.

Minimum standard information for fishing logbooks:

1.Master's name and address.

2.Dates and ports of departure, dates and ports of arrival.

3.Vessel's name, register number, ICCAT number, international radio call sign and IMO number (if available).

4.Fishing gear:

(a)type FAO code;

(b)dimension (e.g. length, mesh size, number of hooks).

5.Operations at sea with one line (minimum) per day of trip, providing:

(a)activity (e.g. fishing, steaming);

(b)position: exact daily positions (in degree and minutes), recorded for each fishing operation or at midday when no fishing has been conducted during that day;

(c)record of catches, including:

(i)FAO code;

(ii)round (RWT) weight in kg per day;

(iii)number of specimens per day.

6.Master's signature.

7.Means of weight measure: estimation, weighing on board.

8.The logbook shall be kept in equivalent live weight of fish and shall mention the conversion factors used in the evaluation.

Minimum information for fishing logbooks in case of landing or transhipment:

1.Dates and port of landing or transhipment.

2.Products:

(a)species and presentation by FAO code;

(b)number of fish or boxes and quantity in kg.

3.Signature of the master or vessel agent.

4.In case of transhipment: receiving vessel name, its flag and ICCAT number.


ANNEX III

ICCAT SCHEME OF JOINT INTERNATIONAL INSPECTION

Pursuant to paragraph 3 of Article IX of the ICCAT Convention, ICCAT recommends the establishment of the following arrangements for international control outside the waters under national jurisdiction for the purpose of ensuring the application of the ICCAT Convention and the measures in force thereunder:

I. Serious violations

1.For the purposes of these procedures, a serious violation means the following violations of the provisions of the ICCAT conservation and management measures adopted by ICCAT:
(a)fishing without a license, permit or authorisation issued by the flag CPC;

(b)failure to maintain sufficient records of catch and catch-related data in accordance with the ICCAT's reporting requirements or significant misreporting of such catch 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 any applicable conservation and management measure adopted by ICCAT;

(f)significant violation of catch limits or quotas in force pursuant to the ICCAT rules;

(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 investigation of a violation;

(j)multiple violations which taken together constitute a serious disregard of measures in force pursuant to ICCAT;

(k)assault, resist, intimidate, sexually harass, interfere with, or unduly obstruct or delay an authorised inspector or observer;

(l)intentionally tampering with or disabling the VMS;

(m)such other violations as may be determined by ICCAT, once these are included and circulated in a revised version of these procedures;

(n)interference with the satellite monitoring system or operation of a vessel without a VMS;

(o)transhipment at sea.

2.In the case of any boarding and inspection of a fishing vessel during which the authorised inspectors observe an activity or condition that would constitute a serious violation, as defined in paragraph 1, the authorities of the flag State of the inspection vessel shall immediately notify the flag State of the fishing vessel, directly as well as through the ICCAT Secretariat. In such situations, the inspector should, also inform any inspection vessel of the flag State of the fishing vessel known to be in the vicinity.

3.ICCAT inspectors shall register the inspections undertaken and the infringements detected (if any) in the fishing vessel logbook.

4.The flag State CPC shall ensure that, following the inspection referred to in paragraph 2, the fishing vessel concerned ceases all fishing activities. The flag State CPC shall require the fishing vessel to proceed within 72 hours to a port designated by it, where an investigation shall be initiated.

5.In the case where an inspection has detected an activity or condition that would constitute a serious violation, the vessel should be reviewed under the procedures described in ICCAT Recommendation 11-18 Further Amending Recommendation 09-10 Establishing a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing Activities in the ICCAT Convention Area, taking into account any response actions and other follow up.

II.   Conduct of inspections

6.Inspections shall be carried out by inspectors designated by the Contracting Governments. The names of the authorised government agencies and individual inspectors designated for that purpose by their respective governments shall be notified to the ICCAT Commission.

7.Inspection vessels carrying out international boarding and inspection duties in accordance with this Annex shall fly a special flag or pennant approved by the ICCAT Commission and issued by the ICCAT Secretariat. The names of the vessels so used shall be notified to the ICCAT Secretariat as soon as practical in advance of the commencement of inspection activities. The ICCAT Secretariat shall make information regarding designated inspection vessels available to all CPCs, including by posting on its password-protected website.

8.Inspectors shall carry appropriate identity documentation issued by the authorities of the flag State, which shall be in the form shown in paragraph 21.

9.Subject to the arrangements agreed under paragraph 16, a fishing vessel flagged to a Contracting Party and fishing for tuna or tuna-like fishes in the ICCAT Convention area outside waters under national jurisdiction shall stop when given the appropriate signal in the International Code of Signals by an inspection vessel flying the ICCAT pennant described in paragraph 7 and carrying an inspector unless the fishing vessel is actually carrying out fishing operations, in which case it shall stop immediately once it has finished such operations. The master of the fishing vessel shall permit the inspection party, as specified in paragraph 10, to board it and must provide a boarding ladder. The master shall enable the inspection party to make such examination of equipment, catch or gear and any relevant documents as an inspector deems necessary to verify compliance with ICCAT recommendations in force in relation to the flag State of the fishing vessel being inspected. Further, inspectors may ask for any explanations that they deem necessary.

10.The size of the inspection party shall be determined by the commanding officer of the inspection vessel taking into account relevant circumstances. The inspection party should be as small as possible to accomplish the duties set out in this Annex safely and securely.

11.Upon boarding the fishing vessel, inspectors shall produce the identity documentation described in paragraph 8. Inspectors shall observe generally accepted international regulations, procedures and practices relating to the safety of the fishing vessel being inspected and its crew, and shall minimise interference with fishing activities or stowage of product and, to the extent practicable, avoid action which would adversely affect the quality of the catch on board. Inspectors shall limit their enquiries to the ascertainment of the observance of ICCAT recommendations in force in relation to the flag State of the fishing vessel concerned. In making the inspection, inspectors may ask the master of the fishing vessel for any assistance they may require. Inspectors shall draw up a report of the inspection in a form approved by the ICCAT Commission. Inspectors shall sign the report in the presence of the master of the fishing vessel who shall be entitled to add or have added to the report any observations which he or she may think suitable and must sign such observations.

12.Copies of the report shall be given to the master of the fishing vessel and to the government of the inspection party, which shall transmit copies to the appropriate authorities of the flag State of the inspected fishing vessel and to the ICCAT Commission. Where any infringement of ICCAT recommendations is discovered, the inspector should, where possible, also inform any inspection vessel of the flag State of the fishing vessel known to be in the vicinity.

13.Resistance to inspectors or failure to comply with their directions shall be treated by the flag State of the inspected fishing vessel in a manner similar to such conduct committed with respect to a national inspector.

14.Inspectors shall carry out their duties under these arrangements in accordance with the rules set out in this Regulation, but they shall remain under the operational control of their national authorities and shall be responsible to them.

15.Contracting Governments shall consider and act on inspection reports, sighting information sheets as per ICCAT Recommendation 94-09 and statements resulting from documentary inspections of foreign inspectors under these arrangements on a similar basis in accordance with their national legislation to the reports of national inspectors. The provisions of this paragraph shall not impose any obligation on a Contracting Government to give the report of a foreign inspector a higher evidential value than it would possess in the inspector's own country. Contracting Governments shall collaborate in order to facilitate judicial or other proceedings arising from a report of an inspector under these arrangements.

16.
(a)Contracting Governments shall inform the ICCAT Commission by 1 January each year of their provisional plans for conducting inspection activities under ICCAT Recommendation 16-05 in that calendar year and the ICCAT Commission may make suggestions to Contracting Governments for the coordination of national operations in this field including the number of inspectors and inspection vessels carrying inspectors;

(b)the arrangements set out in ICCAT Recommendation 16-05 and the plans for participation shall apply between Contracting Governments unless otherwise agreed between them, and such agreement shall be notified to the ICCAT Commission. Provided, however, that implementation of the scheme shall be suspended between any two Contracting Governments if either of them has notified the ICCAT Commission to that effect, pending completion of such an agreement.

17.
(a)The fishing gear shall be inspected in accordance with the regulations in force for the subarea for which the inspection takes place. Inspectors will state the subarea for which the inspection took place, and a description of any violations found, in the inspection report;

(b)inspectors shall have the authority to inspect all fishing gear in use or on board.

18.Inspectors shall affix an identification mark approved by the ICCAT Commission to any fishing gear inspected which appears to be in contravention of ICCAT recommendations in force in relation to the flag State of the fishing vessel concerned and shall record that fact in his/her report.

19.Inspectors may photograph the gears, equipment, documentation and any other element he/she considers necessary in such a way as to reveal those features which in their opinion are not in conformity with the regulation in force, in which case the subjects photographed should be listed in the report and copies of the photographs should be attached to the copy of the report to the flag State.

20.Inspectors shall, as necessary, inspect all catch on board to determine compliance with ICCAT recommendations.

21.The model Identity Card for inspectors is as follows:

dimensions: width 10,4 cm, height 7 cm.