EUROPEAN COMMISSION

Brussels, 29.3.2017

COM(2017) 128 final

2017/0056(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

EXPLANATORY MEMORANDUM

1.    CONTEXT OF THE PROPOSAL

•    Reasons for and objectives of the proposal

The proposal aims at transposing into EU law the conservation, control and enforcement measures adopted by the South Pacific Regional Fisheries Management Organisation (SPRFMO) to which the European Union is a Contracting Party. SPRFMO is the Regional Fisheries Management Organisation (RFMO) responsible for the management of fishery resources in the South Pacific and adjoining seas excluding tuna and tuna-like species. SPRFMO has adopted new conservation, control and enforcement measures every year since it first met in 2013. The most recent measures to be transposed into EU law included in this proposal were adopted by SPRFMO in January 2017.

SPRFMO has the authority to adopt conservation and management measures (“CMMs”), which are compulsory decisions, for the conservation and management of the fisheries under its purview. These acts are primarily addressed to the SPRFMO Contracting Parties but also contain obligations for operators such as fishing vessel masters. The SPRFMO CMMs enter into force 90 days following their notification and are binding for Contracting Parties and, in the case of the EU, must be enacted into European law to the extent to which they are not already covered by EU legislation.

•    Consistency with existing policy provisions in the policy area

There has been no previous transposition of SPRFMO conservation and management measures. The main policy provisions in the policy area are the Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing and Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy.

Fishing opportunities for the EU decided by SPRFMO will not be covered by this proposal in the light of Article 43(3) of the Treaty on the Functioning of the European Union (TFEU), which provides that the adoption of measures on fixing prices, levies, aid and quantitative limitations and on the fixing and allocation of fishing opportunities is a prerogative of the Council.

•    Consistency with other Union policies

NA.

2.    LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•    Legal basis

The proposal is based on Article 43(2) TFEU as it sets out provisions necessary for the pursuit of the objectives of the Common Fisheries Policy.

•    Subsidiarity (for non-exclusive competence)

The subsidiarity principle does not apply in this context, as the proposal relates to the sustainable exploitation, management and conservation of marine biological resources in the context of the external component of the Common Fisheries Policy.

•    Proportionality

The considered option will ensure the implementation of the SPRFMO obligations within the EU without exceeding what is necessary to achieve the objective pursued.

•    Choice of the instrument

As a Regulation is directly applicable and binding on the Member States, it shall contribute to a uniform application of the proposed rules throughout the Union, therefore creating a level playing field for all EU operators active in fishing activities in the SPRFMO Convention Area.

3.    RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•    Ex-post evaluations/fitness checks of existing legislation

NA.

•    Stakeholder consultations

This proposal aims at transposing already existing SPRFMO conservation and management measures, binding upon the Contracting Parties. Both Member States experts and stakeholders are consulted in the preparation of the SPRFMO meetings where these conservation and management measures are adopted, as well as throughout its negotiation at the SPRFMO annual meeting. No stakeholder consultation was therefore deemed to be necessary for this transposition Regulation.

•    Collection and use of expertise

NA.

•    Impact assessment

As no new policy aspects will be defined, an impact assessment is not relevant for the present legislative initiative. This initiative is about applicable international obligations that are already binding upon the EU, in respect of which no impact assessment is required.

•    Regulatory fitness and simplification

NA.

•    Fundamental rights

NA.

4.    BUDGETARY IMPLICATIONS

NA.

5.    OTHER ELEMENTS

•    Implementation plans and monitoring, evaluation and reporting arrangements

NA.

•    Explanatory documents (for directives)

NA.

•    Detailed explanation of the specific provisions of the proposal

Title I contains general provisions such as subject matter, scope and definitions. Most importantly, this Regulation applies to the Union fishing vessels fishing in the SPRFMO Convention area or, in the case of transhipments, in the area outside the SPRFMO Convention area for the species caught in the SPRFMO Convention area. It also applies to third country fishing vessels that access EU ports and that carry fishery products harvested in the Convention Area.

Title II refers to management, conservation and control measures concerning certain species. Chapter I contains SPRFMO management measures applicable to jack mackerel. Chapter II refers to seabird mitigation measures.

Title III lays down provisions on management, conservation and control measures concerning certain fishing methods. Chapter I regards bottom fishing. Chapter II concerns exploratory fisheries.

Title IV contains common control measures. Chapter I deals with authorisations for fishing vessels and the SPRFMO Record of Vessels. Chapter II lays down provisions on transhipment activities including general provisions, prior notification, transhipment supervision and post-transhipment notification. Chapter III refers to data collection and reporting. Chapter IV contains provisions on surveillance and observer programmes. Chapter V refers to the inspection in EU ports of third country fishing vessels carrying fishery products harvested in SPRFMO, notably the establishment of points of contact and designated ports, the procedure for prior notification, the criteria for inspections and the inspection procedure. It also contains provisions on the applicable procedure in case of apparent infringements during port inspections. Chapter VI contains rules on enforcement and compliance, notably the circulation of information on illegal, unregulated and unreported (IUU) fishing activities, the implementation of measures vis-à-vis fishing vessels included in the SPRFMO IUU list and the management of compliance issues.

Title V contains final provisions, such as confidentiality of electronic reports and messages, procedure for amendments, exercise of the delegation, implementation and entry into force.

2017/0056 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 (2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)The objective of the Common Fisheries Policy (CFP), as set out in Regulation (EU) No 1380/2013 of the European Parliament and of the Council 3 is to ensure that the exploitation of marine biological resources contributes to long-term environmental, economic and social sustainability.

(2)The Union has, by Council Decision 98/392/EC 4 , approved the United Nations Convention on the Law of the Sea, which contains principles and rules with regard to the conservation and management of the living resources of the sea. In the framework of its wider international obligations, the European Union participates in efforts made in international waters to conserve fish stocks.

(3)Pursuant to Council Decision 2012/130/EU 5 the Union is a Contracting Party to the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (hereinafter "the SPRFMO Convention"), which established the South Pacific Regional Fisheries Management Organisation (SPRFMO), since 26 July 2010.

(4)Within the SPRFMO, the Commission of the South Pacific Regional Fisheries Management Organisation is responsible for the adoption of measures designed to ensure the long-term conservation and sustainable use of fishery resources through the application of the precautionary approach and an ecosystem approach to fisheries management, and, in so doing, to safeguard the marine ecosystems in which these resources occur. Such measures may become binding upon the Union.

(5)It is necessary to ensure that the conservation and management measures adopted by SPRFMO are fully transposed into Union law and are, therefore, uniformly and effectively implemented within the Union.

(6)The SPRFMO has the authority to adopt conservation and management measures for the fisheries under its purview, which are binding on the Contracting Parties. These acts are primarily addressed to the SPRFMO Contracting Parties and provide for obligations for operators such as fishing vessel masters.

(7)This Regulation should not cover the fishing opportunities decided by SPRFMO, as those fishing opportunities are allocated in the framework of the annual regulation on fishing opportunities adopted pursuant to Article 43 (3) of the Treaty.

(8)In order to swiftly incorporate into Union law future binding amendments to the SPRFMO conservation and management measures, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes and the relevant Articles of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(9)To ensure compliance with the Common Fisheries Policy, Union legislation has been adopted to establish a system of control, inspection and enforcement, which includes the fight against illegal, unreported and unregulated (IUU) activities.

(10)In particular, Council Regulation (EC) No 1224/2009 establishes a Union system for control, inspection and enforcement with a global and integrated approach to ensure compliance with all the rules of the Common Fisheries Policy, and Commission Implementing Regulation (EU) No 404/2011 lays down detailed rules for the implementation of Council Regulation (EC) No 1224/2009. Council Regulation (EC) No 1005/2008 establishes a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing. Those Regulations already implement a number of the provisions laid down in the SPRFMO conservation and management measures. It is therefore not necessary to include those provisions in this Regulation.

(11)Article 15(1) of Regulation (EU) No 1380/2013 introduced a landing obligation which applies as of 1 January 2015 to fisheries for small and large pelagic species, fisheries for industrial purposes and fisheries for salmon in the Baltic sea. However, under Article 15(2) of that Regulation, the landing obligation is without prejudice to the Union's international obligations, such as those resulting from the SPRFMO Conservation and Management Measures,

HAVE ADOPTED THIS REGULATION:

Title I

General Provisions

Article 1

Subject matter

This Regulation lays down management, conservation and control provisions relating to fishing for straddling species in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO).

Article 2

Scope

This Regulation shall apply to:

(a) Union fishing vessels operating in the SPRFMO Convention Area specified in Article 5 of that Convention;

(b)Union fishing vessels transhipping fishery products caught in the SPRFMO Convention Area;

(c) Third country fishing vessels upon requesting access or being the object of an inspection in Union ports and carrying fishery products harvested in the SPRFMO Convention Area.

Article 3

Definitions

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

(1)‘SPRFMO Convention Area’ means the high seas geographical area south of 10° N, north of the CCAMLR Convention Area as defined in the Convention on the Conservation of Antarctic Marine Living Resources, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement, and west of the areas of fisheries jurisdictions of South American States;

(2)‘fishing vessel’ means any vessel of any size used or intended for use for the purposes of commercial exploitation of fishery resources, including support ships, fish processing vessels, vessels engaged in transhipment and carrier vessels equipped for the transportation of fishery products, except container vessels;

(3)‘SPRFMO fishery resources’ means all marine biological resources within the SPRFMO Convention Area excluding:

(a) sedentary species in so far as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter "the 1982 Convention");

(b) highly migratory species listed in Annex I of the 1982 Convention;

(c) anadromous and catadromous species;

(d) marine mammals, marine reptiles and sea birds;

(4)‘fishery products’ means aquatic organisms within the SPRFMO Convention Area resulting from any fishing activity or products derived therefrom;

(5)‘fishing activity’ means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring and landing of fish and fishery products;

(6)‘bottom fishing’ means the fishing by any fishing vessel using any gear which is likely to come in contact with the seafloor or benthic organisms during the normal course of operations;

(7)‘bottom fishing footprint’ means the spatial extent of bottom fishing during a defined period of time in the SPRFMO Convention Area;

(8)‘draft SPRFMO IUU vessel list’ means the initial list of fishing vessels presumed to have undertaken illegal, unreported or unregulated (IUU) fishing activities as drafted by the SPRFMO Secretariat and submitted for consideration by the SPRFMO Compliance and Technical Committee;

(9)‘exploratory fishery’ means a fishery that has not been subject to fishing or has not been subject to fishing with a particular gear type or technique in the previous ten years;

(10)‘established fishery’ means a fishery that has not been closed and that has been subject to fishing or has been subject to fishing with a particular gear type or technique in the previous ten years;

(11)‘IUU fishing activities’ means any illegal, unreported or unregulated fishing activity as defined in Article 2 of Regulation (EC) No 1005/2008;

(12)SPRFMO Cooperating Non-Contracting Party is a State or fishing entity that it is not a party to the SPRFMO Convention but has agreed to fully cooperate in the implementation of the conservation and management rules adopted by the SPRFMO;

(13)‘SPRFMO record of vessels’ means the list of fishing vessels authorised to fish in the Convention Area maintained by the SPRFMO Secretariat as notified by the SPRFMO Contracting Parties and Cooperating Non-Contracting Parties (CNCPs);

(14)‘transhipment’ means the unloading of all or any fishery products on board a fishing vessel to another fishing vessel;

(15)'other species of concern' means species listed in Annex XIII;

(16)‘vulnerable marine ecosystem’ means any marine ecosystem whose integrity is, according to the best scientific information available and to the precautionary principle, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including, inter alia, reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds.

Title II

Management, conservation and control measures concerning certain species

Chapter I

Jack mackerel (Trachurus murphyi)

Article 4

Catch management of jack mackerel

1.    In accordance with Article 15 of Regulation (EU) No 1006/2008, a Member State shall close the fishery of jack mackerel for fishing vessels flying its flag when their total catch is equivalent to 100 per cent of their catch limit.

2.    Member States shall inform the Commission of the date of the closure without delay. The Commission shall promptly transmit that information to the SPRFMO Secretariat.

Article 5

Observer coverage in the jack mackerel fishery

Member States shall ensure a minimum 10 per cent observer coverage of trips for fishing vessels flying their flag. For fishing vessels undertaking no more than two trips in total, the 10 per cent observer coverage shall be calculated by reference to active fishing days for trawlers, and by reference to sets for purse-seiners.

Article 6

Data reporting for jack mackerel

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

2.    In addition to paragraph 1, Member States shall report to the Commission the following data regarding jack mackerel fisheries:

a) by the 5th of each month, the list of its fishing vessels engaged in transhipment in the preceding month. The Commission shall forward that information to the SPRFMO Secretariat within 20 days of the end of that month;

b) within 5 days of the end of each quarter, the VMS data of fishing vessels actively fishing or engaged in transhipment in the previous quarter. The Commission shall forward to the SPRFMO Secretariat that information within 10 days of the end of each quarter;

c) 45 days before the SPRFMO Scientific Committee meeting, the annual scientific report covering the previous year. The Commission shall transmit this information to the SPRFMO Secretariat at the latest 30 days before the SPRFMO Scientific Committee meeting.

3.By 30 September of each year, the Commission shall provide to the SPRFMO Secretariat the annual catch data raised to live weight covering the previous calendar year’s catches. 

Chapter II

Seabirds

Article 7

Seabird mitigation measures for long-liners

1. All Union fishing vessels using longlines shall be subject to the seabird mitigation measures set out in this Article.

2. All Union fishing vessels using demersal longlines shall use line weights and tori lines.

3.Union fishing vessels shall not set longlines during the hours of darkness or discharge offal during shooting and hauling.

4. Line weighting shall be rigged in accordance with Annex I.

5. Bird scaring lines shall be rigged in accordance with Annex II.

6.Union fishing vessels shall be prohibited from discharging offal during shooting and hauling. Where this is not feasible, vessels shall batch waste for two hours or longer.

Article 8

Seabird mitigation measures for trawlers

1.All Union fishing vessels using trawl gear shall be subject to the seabird mitigation measures set out in this Article.

2.Union fishing vessels shall deploy, while fishing, two tori lines or, if the operational practices prevent the effective deployment of tori lines, a bird baffler.

3.Bird bafflers shall be rigged in accordance with Annex III.

4.Union fishing vessels shall be prohibited from discharging offal during shooting and hauling.

5.Union fishing vessels shall convert offal into fish meal and retain all waste material with any discharge restricted to liquid discharge/sump water. Where this is not feasible, fishing vessels shall batch waste for two hours or longer.

6.Nets shall be cleaned after every fishing operation to remove entangled fish and benthic material to discourage interactions with birds during gear deployment.

7.The time the net is on the water surface during hauling shall be minimised through proper maintenance of winches and good deck practices.

Article 9

Seabird data reporting

In their annual scientific report to be provided to the Commission 45 days before the SPRFMO Scientific Committee meeting each year Member States shall indicate:

(a)the seabird mitigation measures used by each fishing vessel flying their flag and fishing in the SPRFMO Convention Area; 

(b)the level of observer coverage applicable to recording seabird bycatch.

Title III

Management, conservation and control measures concerning certain fishing methods

Chapter I

Bottom fishing

Article 10

Bottom fishing authorisation

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

2. Member States intending to engage in bottom fishing activities in the Convention Area shall submit a request to the Commission no later than 45 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 no later than 30 days before the Scientific Committee meeting. The request shall contain:

(a)the bottom fishing footprint, based on the track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 established by the Member State concerned;

(b)the average catch level over the period 1 January 2002 to 31 December 2006;

(c)a bottom fishing impact assessment;

(d)an evaluation as to whether the proposed activities both promote the sustainable management of target species and non-target species taken as bycatch, and protect the marine ecosystems in which those resources occur, including by preventing significant adverse impacts on vulnerable marine ecosystems.

3.The impact assessment referred to in paragraph 2 (c) shall be carried out in accordance with the Deep-sea Fisheries Guidelines of the Food and Agriculture Organisation of the United Nations (FAO) and shall take into account the SPRFMO Bottom Fishery Impact Assessment Standard and areas where vulnerable marine ecosystems are known or likely to occur.

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

5.Member States shall ensure that assessments referred to in paragraph 2 (c) are updated when a change in the fishery has occurred that is likely to have an impact on vulnerable marine ecosystems, and provide that information to the Commission as soon as it become available for transmission to the SPRFMO Secretariat.

Article 11

Bottom fishing outside the footprint or exceeding reference period catch levels

1. Member States shall not permit fishing vessels flying their flag to engage in bottom fishing outside the footprint or exceeding reference period catch levels without prior authorisation from the SPRFMO.

2. Member States intending to fish outside the bottom fishing footprint or intending to exceed the average catch level referred to in paragraph 2 (b) of Article 10 shall submit a request to the Commission 80 days before the SPRFMO Scientific Committee meeting of the year at which they wish their request to be considered. The Commission shall forward the application to the SPRFMO Secretariat at the latest 60 days before the SPRFMO Scientific Committee meeting. The request shall provide:

(a)a bottom fishing impact assessment;

(b)an evaluation as to whether the proposed activities both promote the sustainable management of target species and non-target species taken as bycatch, and protect the marine ecosystems in which those resources occur, including by preventing significant adverse impacts on vulnerable marine ecosystems.

3. The impact assessment referred to in paragraph 2 (a) shall be done in accordance with the Deep-sea Fisheries Guidelines of the Food and Agriculture Organisation of the United Nations (FAO) and shall take into account the SPRFMO Bottom Fishery Impact Assessment Standard and areas where vulnerable marine ecosystems are known or likely to occur.

4. The Commission shall inform the relevant Member State of the SPRFMO decision regarding the authorisation to bottom fish within the Convention Area for which the impact assessment was conducted, including any attached conditions and relevant measures to prevent significant adverse impacts on vulnerable marine ecosystems.

5.Member States shall ensure that assessments are updated when a change in the fishery has occurred that is likely to have an impact on vulnerable marine ecosystems, and provide that information to the Commission as soon as it become available for transmission to the SPRFMO Secretariat.

Article 12

Vulnerable Marine Ecosystems in bottom fishing

1. Until the SPRFMO Scientific Committee has developed advice on threshold levels, Member States shall establish threshold levels for encounters with vulnerable marine ecosystems for fishing vessels flying their flag, taking into account paragraph 68 of the FAO Deep-sea Fisheries Guidelines.

2. Member States shall require fishing vessels flying their flag to cease bottom fishing activities within five nautical miles of any site in the SPRFMO Convention Area where encounters exceed the threshold levels established pursuant to paragraph 1. Member States shall report encounters with vulnerable marine ecosystems to the Commission on the basis of the guidelines set out in Annex IV. The Commission shall forward this information to the SPRFMO Secretariat without delay.

Article 13

Observer coverage in bottom fishing

Member States shall ensure 100 per cent observer coverage in trawlers flying their flag engaged in bottom fishing and at least 10 per cent in fishing vessels deploying other bottom fishing gear.

Article 14

Data reporting for bottom fishing

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

2.Within 15 days of the end of each month, Member States shall provide to the Commission a list of fishing vessels flying their flag actively fishing and fishing vessels flying their flag engaged in transhipment. The Commission shall forward to the SPRFMO Secretariat that information within 5 days of receiving it.

3.Within 5 days of the end of each quarter, Member States shall provide all VMS data for the previous quarter to the Commission. The Commission shall forward to the SPRFMO Secretariat that information within 10 days of the end of each quarter.

4.Member States shall prohibit fishing vessels flying their flag from participating in bottom fishing if the minimum required data regarding fishing vessel identification contained in Annex V has not been provided.

Chapter II

Exploratory fisheries

Article 15

Exploratory fisheries application

1.Member States seeking to permit a fishing vessel flying their flag to fish in an exploratory fishery shall, not less than 80 days in advance of the SPRFMO Scientific Committee, submit to the Commission:

a) an application providing the information contained in Annex V;

b) a Fisheries Operation Plan in accordance with Annex VI, including a commitment to comply with the Data Collection Plan of Article 16 (3), (4) and (5).

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

3. The Commission shall inform the Member States of the SPRFMO decision regarding the authorisation to fish in an exploratory fishery.

Article 16

Exploratory fisheries authorisation

1. Member States shall not permit fishing vessels flying their flag to fish in an exploratory fishery without prior authorisation from the SPRFMO.

2. Member States shall ensure that any fishing vessel flying their flag only fishes in an exploratory fishery in accordance with the Fishery Operation Plan approved by the SPRFMO.

3. Member States shall ensure that the data required by the SPRFMO Data Collection Plan is provided to the Commission for transmission to the SPRFMO Secretariat.

4. Member States' fishing vessels authorised to participate in exploratory fisheries shall be prohibited from continuing to fish in the relevant exploratory fishery unless the data specified in the SPRFMO Data Collection Plan has been submitted to the SPRFMO Secretariat for the most recent season in which the fishing occurred and the Scientific Committee has had the opportunity to review that data.

5. Member States whose fishing vessels participate in exploratory fisheries shall ensure that each fishing vessel flying their flag carries one or more independent observers sufficient to collect data in accordance with the SPRFMO Data Collection Plan.

Article 17

Fishing vessel replacement in exploratory fisheries

1. Notwithstanding Articles 15 and 16, Member States shall be entitled to authorise fishing in an exploratory fishery by a vessel flying their flag which is not identified in the Fisheries Operation Plan if an Union fishing vessel identified in the Fisheries Operation Plan is prevented from fishing on account of legitimate operational or force majeure reasons. In such circumstances the Member State concerned shall inform the Commission without delay and provide:

a)full details of the intended replacement vessel;

b)a comprehensive account of the reasons for the replacement and any relevant supporting evidence;

c)specifications and a full description of the types of fishing gear to be used by the replacement vessel.

2. The Commission shall transmit that information to the SPRFMO Secretariat without delay.

Title IV

Common Control Measures

Chapter I

Authorisations

Article 18

Record of Vessels

1. By 15 November each year, Member States shall submit to the Commission a list of fishing vessels flying their flag authorised to fish in the SPRFMO Convention Area for the following year for transmission to the SPRFMO Secretariat, including the information contained in Annex V. Member States shall take into account the compliance history of fishing vessels and operators when considering the issuance of fishing authorisations for the SPRFMO Convention Area.

2. Member States shall inform the Commission of fishing vessels flying their flag authorised to fish in the Convention Area at least 20 days prior to the first entry of such vessel in the SPRFMO Convention Area. The Commission shall transmit that information to the SPRFMO Secretariat at least 15 days prior to the first entry in the SPRFMO Convention Area.

3.Member States shall ensure that the data of fishing vessels flying their flag authorised to fish in the SPRFMO Convention Area is up-to-date. Any modification shall be notified to the Commission at the latest 10 days after such modification. The Commission shall inform the SPRFMO Secretariat within 5 days of receiving it.

4. In the case of revocation, renounce or any other circumstances that render an authorisation invalid, Member States shall inform the Commission without delay so that it can provide that information to the SPRFMO Secretariat within a period of 3 days following the date of the invalidity of the authorisation.

5. Notwithstanding Article 15(1) of Regulation (EU) No 1380/2013, Union fishing vessels not included in the SPRFMO Record of vessels shall not be permitted to engage in fishing activities for species harvested in the SPRFMO Convention Area.

Chapter II

Transhipment

Article 19

General provisions on transhipment

1. This Chapter shall apply to the following transhipment operations:

a) transhipment operations carried out within the SPRFMO Convention Area in respect of SPRFMO fishery resources and other species caught in association with these resources, that were harvested in the SPRFMO Convention Area;

b)transhipment operations carried out outside the SPRFMO Convention Area in respect of SPRFMO fishery resources, and other species caught in association with these resources, that were harvested in the SPRFMO Convention Area.

2. Transhipments at sea and in port shall only be undertaken between 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 fishing vessels included in the SPRFMO Record of Vessels.

4.    This Article shall be without prejudice of Articles 21 and 22 of Regulation (EC) No 1224/2009 and Article 4 (3) and (4) of Regulation (EC) No 1005/2008.

5.    Transhipment operations at sea in respect of SPRFMO fishery resources, and other species caught in association with these resources, that were harvested in the SPRFMO Convention area, shall be prohibited in Union waters.

Article 20

Notification of transhipment of jack mackerel and demersal species

1. Regardless of where the transhipment takes place, in case of transhipment of jack mackerel and demersal species caught in the SPRFMO Convention Area by fishing vessels flagged to a Member State, the authorities of that Member State shall transmit simultaneously to the Commission and the SPRFMO Secretariat the following information:

(a) a notification of the intention to tranship, which shall indicate a 14 days period in which the transhipment of jack mackerel and demersal species caught in the SPRFMO Convention Area is scheduled to occur, and which shall be received 7 days in advance of the first day of the 14 days period;

(b) a notification of the actual transhipment, which shall be received at least 12 hours before the estimated time of such activities.

Member States may authorise the Union fishing vessel operator to provide this information directly to the SPRFMO Secretariat subject to the simultaneous transmission of the information to the Commission.

2. The notifications referred to in paragraph 1 shall include the relevant information available regarding the transhipment operation, including the estimated date and time, anticipated location, fishery, and information about the Union fishing vessels involved, in accordance with Annex VII.

Article 21

Monitoring of transhipment of jack mackerel and demersal species

1. If an observer is on board the unloading or receiving Union fishing vessel, the observer shall monitor the transhipment activities. The observer shall complete the SPRFMO transhipment logsheet in accordance with Annex VIII to verify the quantity and species of the fishery products being transhipped, and shall provide a copy of the logsheet to the competent authorities of the Member State to which the observed vessel is flagged.

2. The Member State to which the fishing vessel is flagged shall submit the observer data of the transhipment logsheet to the Commission within 10 days of the observer debarking. The Commission shall forward it to the SPRFMO Secretariat within 15 days of the date of debarkation.

3. For the purpose of verifying the quantity and species of the fishery products 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 and fish holds.

Article 22

Information to be reported after the transhipment of jack mackerel and demersal species

1. Member States involved in the transhipment operation shall notify all the operational details simultaneously to the SPRFMO Secretariat and the Commission in accordance with Annex IX no later than 7 days after the transhipment is carried out.

2. Member States may authorise the fishing vessel operator to provide the information referred to in paragraph 1 directly to the SPRFMO Secretariat by electronic means subject to simultaneous transmission of the information to the Commission. Any request for clarification from the SPRFMO Secretariat received by the Union fishing vessel operator shall be forwarded to the Commission.

Chapter III

Data collection and reporting

Article 23

Data collection and reporting

1. In addition to the data reporting requirements set out in Articles 6, 9, 12, 14, 16, 21 and 22, Member States fishing in the SPRFMO Convention Area shall provide to the Commission the data set out in paragraphs 2 and 3 of this Article.

2.By 15 September each year, Member States fishing in the SPRFMO Convention Area shall report the Commission the live weight for all species/species groups caught during the previous calendar year. The Commission shall forward that information to the SPRFMO Secretariat before 30 September.

3.By 15 June each year, Member States fishing in the SPRFMO Convention Area shall report the Commission the data regarding trawl fishing activity on tow by tow basis; the data on bottom long lining on set by set basis; and the data on landings, including for reefers, and transhipments. The Commission shall forward that information to the SPRFMO Secretariat before 30 June.

4. The Commission may lay down, by means of implementing acts, detailed requirements for the data reporting referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 35.

Chapter IV

Surveillance

Article 24

Observer programmes

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

2. By 15 September each year, Member States fishing in the SPRFMO Convention Area shall provide to the Commission the applicable observer data set out in Annex X covering the previous calendar year. The Commission shall forward that information to the SPRFMO Secretariat before 30 September.

3. By 15 August each year, Member States fishing in the SPRFMO Convention Area shall provide an annual report on the implementation of the observer programme in the previous year. The report shall include observer training, programme design and coverage, type of data collected, and any problems encountered during the year. The Commission shall forward that information to the SPRFMO Secretariat before 1 September.

Chapter V

Control of third country fishing vessels in Member State ports

Article 25

Points of contact and designated ports

1. A Member State wishing to grant access to its ports to third country fishing vessels carrying SPRFMO fishery products caught in the SPRFMO 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 Council Regulation (EC) 1005/2008;

(b) designate a point of contact for the purposes of receiving prior notice pursuant to Article 6 of Council Regulation (EC) 1005/2008;

(c)designate a point of contact for the purposes of transmitting inspection reports pursuant to Article 11(3) of Council Regulation (EC) 1005/2008.

2. Member States shall transmit any changes to the list of designated ports and designated points of contact to the Commission at least 40 days before the changes take effect. The Commission shall notify that information to the SPRFMO Secretariat at least 30 days before the changes take effect.

Article 26

Prior notification

1. By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008, Port Member States shall require third country fishing vessels seeking to land or tranship in their ports SPRFMO fishery resources that have not been previously landed or transhipped to provide, no later than 48 hours before the estimated time of arrival at the port, the following information in accordance with Annex XI:

(a) Vessel identification (External identification, Name, Flag, International Maritime Organization (IMO) number, if any, and international radio call sign (IRCS));

(b) Name of the designated port to which the fishing vessel seeks entry and the purpose of the port call (landing or transhipment);

(c) A copy of a the fishing authorisation or, where appropriate, any other authorisation held by the fishing vessel to support operations on SPRFMO fishery products, or to tranship fishery products;

(d) Estimated date and time of arrival in port;

(e) The estimated quantities in kilograms of each SPRFMO fishery products held on board, with associated catch areas. If no SPRFMO fishery products are held on board, a 'nil' report shall be transmitted;

(f) The estimated quantities for each SPRFMO fishery products in kilograms to be landed or transhipped, with associated catch areas;

g) The crew list of the fishing vessel;

h) The dates of the fishing trip.

2. The notification set out in paragraph 1 shall be accompanied by a catch certificate validated in accordance with the provisions of Chapter III of Regulation (EU) No 1005/2008 if the third country fishing vessel carries on board fishery products.

3. Port Member States may also request additional information as they may wish to determine whether the fishing vessel has engaged in IUU fishing or related activities.

4. Port Member States may prescribe a longer or shorter notification period than specified in paragraph 1, taking into account, inter alia, the type of fishery product, the distance between the fishing grounds and their ports. In such a case, Port Member States shall inform the Commission, who shall promptly transmit the information to the SPRFMO Secretariat.

Article 27

Authorisation to land or tranship in ports

After receiving the relevant information pursuant to Article 26, a Port Member State shall decide whether to authorise or deny the third country fishing vessel entry into its port. Where a third country fishing vessel has been denied entry, the Port Member State shall inform the Commission who shall forward the information to the SPRFMO Secretariat without delay. Port Member States shall deny entry to fishing vessels included in the SPRFMO list of IUU vessels.

Article 27a

Port inspections

1. Port Member States shall inspect at least 5% of landing and transhipment operations relating to SPRFMO fishery products made by third country fishing vessels in their designated ports.

2. Without prejudice to Article 9(2) of Regulation (EC) No 1005/2008, Port Member States shall inspect third country fishing vessels when:

(a) there is a request from other Contracting Party, CNCP or relevant regional fisheries management organisations that a particular fishing vessel be inspected, particularly where such requests are supported by evidence of IUU fishing by the fishing vessel in question, and there are clear grounds for suspecting that a fishing vessel has engaged in IUU fishing;

(b) a fishing vessel has failed to provide complete information as required in Article 26;

(c) the fishing vessel has been denied entry or use of a port in accordance with SPRFMO or other RFMO's provisions.

Article 28

Inspection procedure

1.    The provisions of this Article shall apply in addition to the rules on the inspection procedure laid down in Article 10 of Regulation (EC) No 1005/2008.

2. Inspectors from Member States shall carry a valid document of identity. They may take copies of any documents considered relevant.

3. Inspections shall be carried out in such a way that the third country fishing vessel suffers the minimum interference and inconvenience, and that degradation of the quality of the catch is avoided to the extent practicable.

4. On completion of the inspection, the Master of the inspected foreign fishing vessel shall be given the opportunity to contact the competent authority of the relevant Port Member State in relation to the inspection report. The template for the inspection report is contained in Annex XII.

5. Within 12 working days following the date of completion of the inspection, the Port Member State shall transmit to the Commission a copy of the inspection report referred to in Articles 10(3) and 11(3) of Regulation (EC) No 1005/2008 completed in accordance with Annex XII. The Commission shall forward the report to the SPRFMO Secretariat within 15 working days of the date of completion of the inspection.

6. If the inspection report cannot be transmitted to the Commission for forwarding to the SPRFMO Secretariat within 15 working days, the Port Member State shall notify the Commission within the 15 working days period of the reasons for the delay and when the report will be submitted.

Article 29

Procedure in case of evidence of infringements of SPRFMO conservation and management measures during port inspections

1. If the information collected during the inspection provides evidence that a third country fishing vessel has committed a breach of the SPRFMO conservation and management measures, the provisions of this Article shall apply in addition to Article 11 of Regulation (EC) No 1005/2008.

2.The competent authorities of the Port Member State shall forward a copy of the inspection report to Commission as soon as possible and in any case within five working days. The Commission shall transmit that report to the SPRFMO Executive Secretary and to the flag Contracting Party or CNCP point of contact without delay.

3. Port Member States shall promptly notify the action taken in the event of infringements to the competent authority of the flag Contracting Party or CNCP and to the Commission which shall transmit it to the SPRFMO Executive Secretary.

Chapter VI

Enforcement

Article 30

Alleged infringements of SPRFMO conservation and management measures reported by the Member States

Member States shall submit to the Commission any documented information that indicates possible instances of non-compliance by any fishing vessel with SPRFMO conservation and management measures in the SPRFMO Convention Area over the past two years at least 120 days in advance of the annual meeting. The Commission shall examine that information and, if appropriate, forward it to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.

Article 30a

Inclusion of a fishing vessel flagged to a Member State in the Draft SPRFMO IUU vessel list

1.    If the Commission receives from the SPRFMO Secretariat official notification of the inclusion of a fishing vessel flagged to a Member State in the Draft SPRFMO IUU vessel list, it shall transmit the notification, including the supporting evidence and any other documented information provided by the SPRFMO Secretariat, to the Member State for comments no later than 45 days in advance of the annual meeting of the SPRFMO Commission. The Commission shall examine and forward that information to the SPRFMO Secretariat at least 30 days in advance of the annual meeting.

2.    The authorities of a fishing vessel flagged to a Member State notified by the Commission of its inclusion in the Draft IUU Vessel List shall notify the vessel owner of its inclusion in the Draft SPRFMO IUU Vessel List and of the consequences that may result from its inclusion being confirmed in the IUU Vessel List adopted by the SPRFMO.

Article 31

Measures concerning fishing vessels included in the SPRFMO IUU List

1. On adoption of the SPRFMO IUU Vessel List, the Commission shall request the Flag Member State to notify the owner of the fishing vessel identified on the IUU Vessel List of its inclusion on the list and the consequences which result from being included on the list.

2. A Member State with information indicating a change of name or an International Radio Call Sign (IRCS) of a fishing vessel appearing on the SPRFMO IUU Vessels List shall, as soon as practicable, transmit such information to Commission. The Commission shall forward that information to the SPRFMO Secretariat without delay.

Article 32

Alleged non-compliances reported by the SPRFMO Secretariat

1.If the Commission receives from the SPRFMO Secretariat any information indicating a suspected non-compliance with the SPRFMO Convention and/or conservation and management measures by a Member State, the Commission shall transmit that information to the concerned Member State without delay.

2.The Member State shall provide the Commission with the findings of any investigation taken in relation to the allegations of non-compliance and any actions taken to address compliance concerns at least 45 days in advance of the annual meeting. The Commission shall forward that information to the SPRFMO Secretary at least 30 days in advance of the annual meeting.

Article 32a

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

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

2.Member States shall transmit any changes to the designated point of contact to the Commission at least 40 days before the changes take effect. The Commission shall notify that information to the SPRFMO Secretariat at least 30 days before such changes take effect.

3. If the contact point designated by a Member State receives an inspection report from a Contracting Party or CNCP providing evidence that a fishing vessel flying the flag of the Member State has committed a breach of the SPRFMO conservation and management measures, the flag Member State shall promptly investigate the alleged infringement and notify the Commission of the status of the investigation, and of any enforcement action that may have been taken to enable the Commission to inform the SPRFMO Secretariat within 3 months of receipt of the notification. If the Member State cannot provide the Commission with a status report within 3 months of the receipt of the inspection report, it shall notify the Commission within the 3 month period of the reasons for the delay and when the status report will be submitted. The Commission shall transmit the information regarding the status or delay of the investigation to the SPRFMO Executive Secretary.

Article 32b

Seals of the satellite tracking devices

1. In addition to the requirements laid down in Articles 18 and 19 of Regulation (EU) No 404/2011, each Member State shall ensure that satellite tracking devices on board any fishing vessels flying its flag that are not sealed by the manufacturer are secured with official and individually identifiable seals issued by that Member State. Seals shall be applied to any bridge or antennae component that alone, or in conjunction with another component, transmits data.

2. Member States shall maintain a registry of all seals issued to fishing vessels flying their flag. The registry shall record the unique reference number of each seal and details of any replacement seal, in particular the date on which the replacement seal was issued and installed, and the circumstances regarding the replacement.

3. By 1 January 2019, fishing vessels flagged to Member States shall only carry on board satellite-tracking devices which are sealed by the manufacturer.

Article 32c

Technical failure of the satellite-tracking device

1. In case of technical failure of their satellite-tracking device, Union fishing vessels shall, by appropriate telecommunication means, report the following data to the fisheries monitoring centre of the Member State to which they are flagged every four hours:

a) IMO number;

b) International Radio Call Sign;

c) Vessel name;

d) Master's name;

e) Position date and time (UTC);

f) Activity (Fishing/Transit/Transhipping).

2. Member States shall ensure that, in case of technical failure of the satellite tracking device, fishing vessels flying their flag cease fishing, stow all fishing gear and return to port without delay to repair the satellite-tracking device within 60 days of the commencement of the technical failure.

3. Paragraphs 1 and 2 of this Article shall apply in addition to the requirements laid down in Article 25 of Regulation (EU) No 404/2011.

Title V

Final Provisions

Article 33

Confidentiality

Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the rules on confidentiality set out in Articles 112 and 113 of Regulation (EC) No 1224/2009.

Article 34

Procedure for amendments

In order to incorporate into Union law amendments to SPRFMO conservation and management measures, the Commission shall be empowered to adopt delegated acts in accordance with Article 35 amending:

(a) the Annexes to this Regulation;

(b) the time limits laid down in Articles 6 (1), (2) and (3), 9 , 10 (2), 11 (2), 14 (1), (2) and (3), 15 (1) and (2), 18 (1), (2), (3) and (4), 20 (1), 21 (2), 22 (1), 23 (2) and (3), 24 (2) and (3), 25 (2), 26 (1), 28 (5) and (6), 29 (2) and (3), 30, 30a (1), 32 (2), 32a (2) and (3), 32b (3) and 32c (1) and (2).

(c) observer coverage laid down in Articles 5 and 13;

(d) the reference period to determine the bottom fishing footprint in Article 10 (2);

(e) the inspection coverage laid down in Article 27a (1);

(f) the type of data and information requirements laid down in Articles 6 (2) and (3), 9, 10 (2) and (3), 11 (2) and (3), 12 (1), 14 (1), (2) and (3), 15 (1), 16 (2) and (3), 17 (1), 20 (1), 21 (2), 23 (2) and (3), 24 (3), 26 (1) and 32c (1) .

Article 35

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 34 shall be conferred on the Commission for a period of five years from the date of the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.The delegation of power referred to in Article 34 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

3bis.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.A delegated act adopted pursuant to Article 34 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 36

Implementation

1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 47 of Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 37

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

(1) OJ C , , p. .

(2) OJ C , , p. .

(3) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(4) Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

(5) OJ L 67, 6.3.2012.

EUROPEAN COMMISSION

Brussels, 29.3.2017

COM(2017) 128 final

ANNEXES

to the Proposal for a Regulation of the European Parliament and of the Council laying down management, conservation and control measures applicable in the Convention Area of the South Pacific Regional Fisheries Management Organisation (SPRFMO)

ANNEX I

Line weighting standards

Vessels must use a longline weighting regime that achieves a demonstrable minimum longline sink rate of 0.3 metre/second to 15 metre depth for gear. In particular:

a) external weighted lines in Spanish system and trot lines must use a minimum of 8.5kg mass at intervals of no more than 40m if rocks are used, 6kg mass at intervals of no more than 20m for concrete weights, and 5kg weights at intervals of no more than 40m for solid metal weights;

b) external weighted lines in autoline must use a minimum 5kg mass at intervals no more than 40m, which must be released from vessels in a manner that avoids tension astern (tension astern may lift sections of the longline already deployed out of the water);

c) Internal weighted lines must have a lead core of at least 50g/m.

ANNEX II

Bird scaring lines specifications

Two bird scaring lines must be carried at all times and must be deployed whenever fishing gear is being set from the vessel. In particular:

a) bird scaring lines must be attached to the vessel so that when deployed the baits are protected by the streamer line, even in cross winds;

b) bird scaring lines must use brightly coloured streamers long enough to reach the sea surface in calm conditions (“long streamers”) placed at intervals of no more than 5 m for at least the first 55 m of streamer line and must be attached to the line with swivels that prevent streamers from wrapping around the line;

c) bird scaring lines may also use streamers a minimum of 1 m in length (“short streamers”) placed at intervals of no more than 1m;

d) if bird scaring lines breaks or is damaged while in use, they must be repaired or replaced so that the vessel meets these specifications before any further hooks enter the water;

e) bird scaring lines must be deployed so that:

i. they remain above the water surface when the hooks have sunk to a depth of 15m, or

ii. they have a minimum length of 150m when extended and suspended from a point on the vessel at least 7m above the water in the absence of swell.

ANNEX III

Bird baffler' specifications

A bird baffler consists of two or more booms attached to the stern quarter of the vessel, with at least one boom attached to the starboard stern quarter and at least one boom attached to the port stern quarter.

a) each boom must extend a minimum of four metres outwards from the side or stern of the vessel;

b) dropper lines must be attached to the booms no more than 2 metres apart;

c) plastic cones, rods or other brightly coloured and durable material must be attached to the ends of the dropper lines so that the bottom of the cone, rod or material is not more than 500 millimetres above the water, in the absence of wind and swell;

d) lines or webbing may be attached between the dropper lines to prevent tangling.

ANNEX IV

Guidelines for the preparation and submission of notifications of encounters with VMEs

1. General Information

Include contact information, nationality, vessel name(s) and dates of data collection.

2. VME location

Indicate start and end positions of all gear deployments and observations.

Provide maps of fishing locations, underlying bathymetry or habitat and spatial scale of fishing.

Indicate depth(s) fished.

3. Fishing gear

Indicate fishing gears used at each location.

4. Additional data collected

Indicate additional data collected at or near the locations fished, if possible.

Data such as multibeam bathymetry, oceanographic data such as CTD profiles, current profiles, water chemistry, substrate types recorded at or near those locations, other fauna observed, video recordings, acoustic profiles etc.

5. VME taxa

For each station fished, provide details of VME taxa observed, including their relative density, absolute density, or number of organisms if possible.

ANNEX V

Standards for vessel data

1.The following fields of data must be collected pursuant to Articles 14, 15 and 18.

i.    Current vessel flag and name of vessel

ii.    Registration number

iii.    International radio call sign (if any)

iv.    UVI (Unique Vessel Identifier)/IMO number

v.    Previous Names (if known)

vi.    Port of registry

vii.    Previous flag

viii.    Type of vessel

ix.    Type of fishing method(s)

x.    Length

xi.    Length type e.g. “LOA”, “LBP”

xii.    Gross Tonnage – GT (to be provided as the preferred unit of tonnage)

xiii.    Gross registered tonnage – GRT (to be provided if GT not available; may also be provided in addition to GT)

xiv.    Power of main engine(s) (kw)

xv.    Hold capacity (m3)

xvi.    Freezer type (if applicable)

xvii.    Number of freezers units (if applicable)

xviii.    Freezing capacity (if applicable)

xix.    Vessel communication types and numbers (INMARSAT A, B and C numbers);

xx.    VMS system details (brand, model, features and identification);

xxi.    Name of owner(s)

xxii.    Address of owner(s)

xxiii.    Vessel authorisation start date

xxiv.    Vessel authorisation end date

xxv.    Good quality high resolution photograph of the vessel of appropriate brightness and contrast, no older than 5 years, which must consist of:

• one photograph not smaller than 12 x 7 cm showing the starboard side of the vessel displaying its full overall length and complete structural features;

• one photograph not smaller than 12 x 7 cm showing the port side of the vessel displaying its full overall length and complete structural features;

• one photograph not smaller than 12 x 7 cm showing the stern taken directly from astern;

2.The following information is to be provided if available when practicable:

i.    External markings (such as vessel name, registration number or international radio call sign)

ii.    Types of fish processing lines (if applicable)

iii.    When built

iv.    Where built

v.    Moulded depth

vi.    Beam

vii.    Electronic equipment on board (for example radio, echo sounder, radar, netsonda)

viii.    Name of license owner(s) (if different from vessel owner)

ix.    Address of license owner(s) (if different from vessel owner)

x.    Name of operator(s) (if different from vessel owner)

xi.    Address of operator(s) (if different from vessel owner)

xii.    Name of vessel master

xiii.    Nationality of vessel master

xiv.    Name of fishing master

xv.    Nationality of fishing master

ANNEX VI

Fisheries Operation Plan for exploratory fisheries

The Fisheries Operation Plan must include the following information, to the extent it is available:

i.    a description of the exploratory fishery, including area, target species, proposed methods of fishing, proposed maximum catch limits and any apportionment of that catch limit among areas or species;

ii.    specification and full description of the types of fishing gear to be used, including any modifications made to gear intended to mitigate the effects of the proposed fishing on non-target and associated or dependent species or the marine ecosystem in which the fishery occurs

iii.    the time period covered by the Fisheries Operation Plan (up to a maximum period of three years);

iv.    any biological information on the target species from comprehensive research or survey cruises, such as distribution, abundance, demographic data and information on stock identity;

v.    details of non-target and associated or dependent species and the marine ecosystem in which the fishery occurs, the extent to which these would likely be affected by the proposed fishing activity and any measures that will be taken to mitigate these effects;

vi.    the anticipated cumulative impact of all fishing activity in the area of the exploratory fishery if applicable;

vii.    information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of the relevant exploratory fishery's potential yield, to the extent the Member or CNCP is able to provide this information;

viii.    if the proposed fishing activity is bottom fishing, the assessment of the impact of their flagged vessels' bottom fishing activities in line with Articles 10 and 11;

ix.    where the target species is also managed by an adjacent regional fisheries management organisation to SPRFMO or similar organisation, a description of that neighbouring fishery sufficient to allow the Scientific Committee to formulate its advice.

ANNEX VII

Prior transhipment notification

Member States must provide the following information in accordance with paragraph 1 of Article 20:

Details of unloading vessel

a.    Name of vessel

b.    Registration number

c.    Radio call sign

d.    Vessel flag state

e.    IMO number/IHS Fairplay number (if applicable)

f.    Name and nationality of the vessel master

Details of receiving vessel

g.    Name of vessel

h.    Registration number

i.    Radio call sign

j.    Vessel flag state

k.    IMO number/ IHS Fairplay number (if applicable)

l.    Name and nationality of vessel master

ANNEX VIII

Transhipment information to be provided by the observer

The following information must be provided by the observer monitoring transhipment, in accordance with paragraph 1 of Article 21.

I. Details of the unloading fishing vessel

III. Transhipment operation

IV. Observations (if applicable)

ANNEX IX

Transhipment information to be reported after the operation

In accordance with Paragraph 1 of Article 22 flag Member States must report the following information to the Commission no later than 7 days after the transhipment is carried out:

Details of unloading vessel

a.    Name of vessel

b.    Registration number

c.    Radio call sign

d.    Vessel flag state

e.    IMO number/IHS Fairplay number (if applicable)

Details of receiving vessel

f.    Name of vessel

g.    Registration number

h.    Radio call sign

i.    Vessel flag state

j.    IMO number/ IHS Fairplay number (if applicable)

k.    Name and nationality of vessel master

Details of transhipment operation

a.Date and time of commencement of transhipment (UTC)

b.Date and time of completion of transhipment (UTC)

c.If transhipped in port:

Port State, name of port and port code.

d.If transhipped at sea:

   1. Position (nearest 1/10th degree) at commencement of transhipment (decimal)

   2. Position (nearest 1/10th degree) at completion of transhipment (decimal)

e.Hold numbers in receiving vessel in which product is stowed

f.Destination port of receiving vessel

g.Arrival date estimate

h.Landing date estimate

Details of fishery resources transshipped

i. Species transshipped

1. Description of fish, by product type (such as whole, frozen fish)

2. Number of cartons and net weight (kg) of product, by species

3. Total net weight of product transhipped (kg)

j. Fishing gear used

Verification (if applicable)

k. Name of observer

l. Authority

ANNEX X

Observer data

Vessel and observer details are to be recorded only once for each observed trip, and must be reported in a way that links the vessel data to data required in Sections A, B, C, and D.

A. Vessel & observer data to be collected for each observed trip

1.The following vessel data are to be collected for each observed trip:

(a) Current vessel flag.

(b) Name of vessel.

(c) Name of the Captain.

(d) Name of the Fishing Master.

(e) Registration number.

(f) International radio call sign (if any).

(g) Lloyd's / IMO number (if allocated).

(h) Previous Names (if known).

(i) Port of registry.

(j) Previous flag (if any).

(k) Type of vessel (use appropriate ISSCFV codes)

(l) Type of fishing method(s) (use appropriate ISSCFG codes)

(m) Length (m)

(n) Length type e.g. "LOA", "LBP"

(o) Beam (m).

(p) Gross Tonnage - GT (to be provided as the preferred unit of tonnage)

(q) Gross register tonnage - GRT (to be provided if GT not available; may also be provided in addition to GT)

(r) Power of main engine(s) (kilowatts).

(s) Hold capacity (cubic metres).

(t) Record of the equipment on board which may affect fishing power factors

(navigational equipment, radar, sonar systems, weather fax or satellite weather receiver, sea-surface temperature image receiver, Doppler current monitor, radio direction finder), where practical.

(u) Total number of crew (all staff, excluding observers).

2.The following observer data are to be collected for each observed trip:

(a) Observer's name.

(b) Observer's organisation.

(c) Date observer embarked (UTC date).

(d) Port of embarkation.

(e) Date observer disembarked (UTC date).

(f) Port of disembarkation

B. Catch & effort data to be collected for trawl fishing activity

Data are to be collected on an un-aggregated (tow by tow) basis for all observed trawls.

1.The following data are to be collected for each observed trawl tow:

(a) Tow start date and time (the time gear starts fishing - UTC).

(b) Tow end date and time (the time haul back starts - UTC).

(c) Tow start position (Lat/Lon, 1 minute resolution - decimal).

(d) Tow end position (Lat/Lon, 1 minute resolution - decimal).

(e) Intended target species (FAO species code).

(f) Type of trawl, bottom or mid-water (use appropriate bottom or midwater trawl codes from the standard ISCCFG fishing gear standards)

(g) Type of trawl: single, double or triple (S, D or T).

(h) Height of net opening.

(i) Width of net opening.

(j) Mesh size of the cod-end net (stretched mesh, mm) and mesh type (diamond, square, etc).

(k) Gear depth (of footrope) at start of fishing.

(l) Bottom (seabed) depth at start of fishing.

(m) Estimated catch of all species (FAO species code) retained on board, split by species, in live weight (to the nearest kg).

(n) Were any marine mammals, seabirds, reptiles or other species of concern caught? (Yes/No/Unknown)

a. If yes, record the numbers by species of all marine mammals, seabirds, reptiles or other species of concern caught.

(o) Was there any benthic material in the trawl? (Yes/No/Unknown)

a. If yes, record sensitive benthic species in the trawl catch, particularly vulnerable or habitat-forming species such as sponges, sea-fans or corals.

(p) Estimate of the amount (weight or volume) of remaining marine resources not recorded under items 2m to 2o discarded, split to the lowest known taxon.

(q) Record any bycatch mitigation measures employed:

i. Were bird scaring (tori) lines in use? (nil/equipment code - as described in Section L)

ii. Were bird bafflers in use? (nil/equipment code - as described in Section N)

iii. Describe the offal/discard discharge management in place (select all that apply: no discharge during shooting and hauling/ only liquid discharge/waste batching > 2 hours/other/none).

iv. Were any other measures used to reduce the bycatch of marine mammals, seabirds, reptiles or other species of concern? (Yes/No)

If yes, describe.

C. Catch & effort data to be collected for purse seine fishing activity

Data are to be collected on an un-aggregated (set by set) basis for all observed purse-seine sets.

1.The following data are to be collected for each observed purse-seine set:

(a) Total search time before this set, since the last set.

(b) Set start date and time (the time gear starts fishing - UTC).

(c) Set end date and time (the time haul back starts - UTC).

(d) Set start position (Lat/Lon, 1 minute resolution - decimal).

(e) Net length (m).

(f) Net height (m).

(g) Net mesh size (stretched mesh, mm) and mesh type (diamond, square, etc)

(h) Intended target species (FAO species code).

(i) Estimated catch of all species (FAO species code) retained on board, split by species, in live weight (to the nearest kg).

(j) Were any marine mammals, seabirds, reptiles or other species of concern caught? (Yes/No/Unknown)

a. If yes, record the numbers by species of all marine mammals, seabirds, reptiles or other species of concern caught.

(k) Was there any benthic material in the net? (Yes/No/Unknown)

a. If yes, record sensitive benthic species in the catch, particularly vulnerable or habitat-forming species such as sponges, sea-fans or corals.

(l) Estimate of the amount (weight or volume) of remaining marine resources not recorded under items 2i to 2k discarded, split to the lowest known taxon.

(m) Record and describe any bycatch mitigation measures employed. 

D. Catch & effort data to be collected for bottom long line fishing activity

Data are to be collected on an un-aggregated (set by set) basis for all observed longline sets.

1.The following fields of data are to be collected for each set:

(a) Set start date and time (UTC format).

(b) Set end date and time (UTC format).

(c) Set start position (Lat/Lon, 1 minute resolution - decimal format).

(d) Set end position (Lat/Lon, 1 minute resolution - decimal format).

(e) Intended target species (FAO species code).

(f) Total length of longline set (km).

(g) Number of hooks for the set.

(h) Bottom (seabed) depth at start of set.

(i) Number of hooks actually observed (including for marine mammals, seabirds, reptiles or other species of concern caught) during the haul.

(j) Estimated catch of all species (FAO species code) retained on board, split by species, in live weight (to the nearest kg).

(k) Were any marine mammals, seabirds, reptiles or other species of concern caught? (Yes/No/Unknown)

If yes, record the numbers by species of all marine mammals, seabirds, reptiles or other species of concern caught.

(l) Was there any benthic material in the catch? (Yes/No/Unknown)

If yes, record sensitive benthic species in the catch, particularly vulnerable or habitat-forming species such as sponges, sea-fans or corals.

(m) Estimate of the amount (weight or volume) of remaining marine resources not recorded under items 2j to 2l discarded, split to the lowest known taxon.

(n) Record any bycatch mitigation measures employed:

i.    Were bird scaring (tori) lines in use? (nil/equipment code - as described in Section L)

ii.    Was setting restricted to the time between nautical dusk and nautical dawn? (Yes/No)

iii.    What type of fishing gear was used? (external weighting system/internal weighting system/trot line/other)

iv.    If external weighting system, describe weighting and float regime (using the form provided in Section M)

v.    If internal weighting system, what was the line core's weight (grams per metre)?

vi.    If trot line, were cachalotera nets used? (Yes/No)

vii.    If other, describe

(o) What haul mitigation was used? (bird deterrent curtains/other/none)

If other, describe.

(p) What was the bait type? (fish/squid/mixed; live/dead/mixed; frozen/thawed/mixed)

(q) Describe discharge of any biological material during shooting and hauling

(discharge not batched for two hours or more/discharge batched for two hours or more/none/unknown)

(r) Were any other measures used to reduce the bycatch of marine mammals, seabirds, reptiles or other species of concern? (Yes/No)

If yes, describe

E. Length-frequency data to be collected

Representative and randomly sampled length-frequency data are to be collected for the target species and, time permitting, for other main by-catch species. Length data should be collected and recorded at the most precise level appropriate for the species (cm or mm and whether to the nearest unit or unit below) and the type of measurement used (total length, fork length, or standard length) should also be recorded. If possible, total weight of length-frequency samples should be recorded, or estimated and the method of estimation recorded, and observers may be required to also determine sex of measured fish to generate length-frequency data stratified by sex.

1.Commercial sampling protocol

(a)    Fish species other than skates, rays and sharks:

i.    fork length should be measured to the nearest cm for fish which attain a maximum length greater than 40cm fork length

ii.    fork length should be measured to the nearest mm for fish which attain a maximum length less than 40cm fork length;

(b)    Skates and rays:

i. maximum disk width should be measured

(c)    Sharks:

i. appropriate length measurement to be used should be selected for each species (see FAO technical report 474 on measuring sharks). As a default, total length should be measured.

2.Scientific sampling protocol

For scientific sampling of species, length measurements may need to be made at a finer resolution than specified in paragraph E(1).

F. Biological sampling to be conducted

1.    The following biological data should be collected for representative samples of the main target species and, time permitting, for other main by-catch species contributing to the catch:

(a)    Species

(b)    Length (mm or cm), with a record of the type of length measurement used. Measurement precision and type should be determined on a species by species basis consistent with that defined in Section E

(c)    Sex (male, female, immature, unsexed)

(d)    Maturity stage

2.    Observers should collect tissue, otolith and/or stomach samples according to pre- determined specific research programmes implemented by the Scientific Committee or other national scientific research.

3.    Observers are to be briefed and provided with written length-frequency and biological sampling protocols, where appropriate, and priorities for the above sampling specific to each observer trip.

G. Data to be collected on incidental captures of seabirds, mammals, turtles and other species of concern

1.    The following data are to be collected for all seabirds, mammals, reptiles (turtles) and other species of concern caught in fishing operations:

(a)    Species (identified taxonomically as far as possible, or accompanied by photographs if identification is difficult) and size.

(b)    Count of the number of each species caught per tow or set.

(c)    Fate of bycaught animal(s) (retained or released/discarded)

(d)    If released, life status (vigorous, alive, lethargic, dead) upon release.

(e)    If dead, then collect adequate information or samples for onshore identification in accordance with pre-determined sampling protocols. Where this is not possible, observers may be required to collect sub-samples of identifying parts, as specified in biological sampling protocols.

(f)    Record the type of interaction (hook/line entanglement/warp strike/net capture/other)

If other, provide a description.

2.    Record sex of each individual for taxa where this is feasible from external observation, such as pinnipeds, small cetaceans or Elasmobranchii and other species of concern.

3.    Were there any circumstances or actions that may have contributed to the bycatch event? (for example tori line tangle, high levels of bait loss).

H. Detection of fishing in association with vulnerable marine ecosystems

1. For each observed trawl, the following data are to be collected for all sensitive benthic species caught, particularly vulnerable or habitat-forming species such as sponges, sea fans, or corals:

(a)    Species (identified taxonomically as far as possible, or accompanied by a photograph where identification is difficult);

(b)    An estimate of the quantity (weight (kg) or volume (m3)) of each listed benthic species caught in the tow;

(c)    An overall estimate of the total quantity (weight (kg) or volume (m3)) of all invertebrate benthic species caught in the tow;

(d)    Where possible, and particularly for new or scarce benthic species which do not appear in ID guides, whole samples should be collected and suitably preserved for identification on shore.

I. Data to be collected for all tag recoveries

1. The following data are to be collected for all recovered fish, seabird, mammal or reptile tags if the organism is dead, to be retained, or alive:

(a)    Observer name

(b)    Vessel name.

(c)    Vessel call sign.

(d)    Vessel flag.

(e)    Collect, label (with all details below) and store the actual tags for later return to the tagging agency.

(f)    Species from which tag recovered.

(g)    Tag colour and type (spaghetti, archival).

(h)    Tag numbers (The tag number is to be provided for all tags when multiple tags were attached to one fish. If only one tag was recorded, a statement is required that specifies whether or not the other tag was missing) If the organism is alive and to be released, tag information should be collected in accordance with predetermined sampling protocols.

(i)    Date and time of capture (UTC).

(j) Location of capture (Lat/Lon, to the nearest 1 minute)

(k) Animal length / size (cm or mm) with description of what measurement was taken (such as total length, fork length, etc). Length measurements should be collected according to the criteria defined in Section E.

(l) Sex (F=female, M=male, I=indeterminate, D=not examined)

(m) Whether the tags were found during a period of fishing that was being observed (Y/N)

(n) Reward information (e.g. name and address where to send reward)

(It is recognised that some of the data recorded here duplicates data that already exists in the previous categories of information. This is necessary because tag recovery information may be sent separately to other observer data.)

J. Hierarchies for observer data collection

1.    Recognising that observers may not be able to collect all of the data described in these standards on each trip, a hierarchy of priorities is to be implemented for collection of observer data. Trip-specific or programme-specific observer task priorities may be developed in response to specific research programme requirements, in which case such priorities should be followed by observers.

2.    In the absence of trip- or programme-specific priorities, the following generalised priorities should be followed by observers:

(a)    Fishing Operation Information

i. All vessel and tow / set / effort information.

(b)    Reporting of Catches

i.    Record time, weight of catch sampled versus total catch or effort (e.g. number of hooks), and total numbers of each species caught.

ii.    Identification and counts of seabirds, mammals, reptiles (turtles), sensitive benthic species and vulnerable species.

iii.    Record numbers or weights of each species retained or discarded.

iv.    Record instances of depredation, where appropriate.

(c)    Biological Sampling

i.    Check for presence of tags.

ii.    Length-frequency data for target species.

iii.    Basic biological data (sex, maturity) for target species.

iv.    Length-frequency data for main by-catch species.

v.    Otoliths (and stomach samples, if being collected) for target species.

vi.    Basic biological data for by-catch species.

vii.    Biological samples of by-catch species (if being collected)

viii.    Take photos

(d) The reporting of catches and biological sampling procedures should be prioritised among species groups as follows:

The allocation of observer effort among these activities will depend on the type of operation and setting. The size of sub-samples relative to unobserved quantities (such as the number of hooks examined for species composition relative to the number of hooks set) should be explicitly recorded under the guidance of Contracting Parties and CNCP observer programmes.

K. Coding specifications to be used for recording observer data

1.    Unless otherwise specified for specific data types, observer data are to be provided in accordance with the same coding specifications as specified in this section.

2.    Coordinated Universal Time (UTC) is to be used to describe times.

3.    Decimal degrees are to be used to describe locations.

4.    The following coding schemes are to be used:

(a)    species are to be described using the FAO 3 letter species codes;

(b)    fishing methods are to be described using the International Standard Classification of Fishing Gear (ISSCFG - 29 July 1980) codes;

(c)    types of fishing vessel are to be described using the International Standard Classification of Fishery Vessels (ISSCFV) codes.

5.    Metric units of measure are to be used, specifically:

(a)    kilograms are to be used to describe catch weight;

(b)    metres are to be used to describe height, width, depth, beam or length;

(c)    cubic metres are to be used to describe volume;

(d)    kilowatts are to be used to describe engine power.

L. Bird scaring line description form

M. External line weighting description form

N. Bird baffler description form

O. Standard for observer data collected during a landing or while a vessel is in port

With regards to fishing vessels flying their flag, and landing unprocessed (i.e. whole and no part of the fish having been removed) SPRFMO managed species, and where these landings are observed, Contracting Parties and CNCPs may collect and provide the following information:

1. The following vessel data for each observed landing:

(a)Current vessel flag

(b)Name of vessel

(c)Fishing vessel registration number

(d)International radio call sign (if any)

(e)Lloyd’s / IMO number (if allocated)

(f)Type of vessel (use appropriate ISSCFV codes)

(g)Type of fishing method(s) (use appropriate ISSCFG codes)

2. The following observer data for each observed landing:

(a)Observer’s name

(b)Observer’s organisation

(c)Country of landing (standard ISO 3-alpha country codes)

(d)Port/Point of landing

3. The following data for each observed landing:

(a)Landing Date and time (UTC format)

(b)First day of trip – to the extent practicable

(c)Last day of trip – to the extent practicable

(d)Indicative fishing area (decimal Lat/Long, 1 minute resolution – to the extent practicable)

(e)Main target species (FAO species code)

(f)Landed state by species (FAO species code)

(g)Landed (live) weight by species (kilograms) for the landing event being observed

In addition, the collection of Length-Frequency data, Biological data and/or Tag recovery data should follow the standards described in paragraphs E, F and I respectively of this Annex for those species observed during landings or while a vessel is in port.

Parts G (Incidental capture) and H (VMEs) are not considered relevant for observed landings. However, the standards described in paragraphs I (Tag recovery), J (Hierarchies) and K (Coding specifications) should still be followed when applicable.

ANNEX XI

Port call request

Vessel Identification:

Port Call Details:

SPRFMO managed species held on-board:

If no SPRFMO species or fish products originating from such species are held on board, then enter 'nil'.

Relevant fishing authorisation details:

–Is a copy of the crew list attached? YES/NO

ANNEX XII

Port inspection summary results

Inspection details:

Vessel details:

Relevant fishing authorisations:

SPRFMO managed species off loaded (during this port call):

SPRFMO managed species retained onboard:

SPRFMO managed species received from transhipment (during this port call):

Examinations and findings:

ANNEX XIII

List of “other species of concern”

(1)

   United Nations Code for Trade and Transport Locations (UN/LOCODE).

(2) Should be a designated port as listed on the SPRFMO port register

(3) Eg. Landing, Transhipment, refueling.

(4) If the authorisation is limited to transhipments then enter "tranship" as the gear

(5) If the authorisation is for transhipment the enter “tranship” as the gear.