Commission Decision of 29 March 2011 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean (notified under document C(2011) 1984) (2011/207/EU)

1. Inspection tasks

1.1. General inspection tasks

An inspection report shall be drawn up for each control and inspection, in the format set out in point 2 of this Annex. Officials shall in any case verify and note in their report the following information:

(1)

the details of the identity of the responsible persons, as well as those of the vessel, farm personnel etc. involved in the activities inspected;

(2)

the authorisations, licences and fishing authorisation;

(3)

relevant vessel documentation such as the logbooks, transfer and transhipment declarations, ICCAT bluefin tuna catch documents, re-export certificates and other documentation examined for the purpose of the control and inspection as provided for by ICCAT Recommendation 10-04;

(4)

detailed observation of the sizes of bluefin tuna caught, trapped, transferred, transhipped, landed, transported, farmed, processed or traded in the context of compliance with the provisions of the recovery plan;

(5)

the by-catch percentage of bluefin tuna retained on board vessels not fishing actively for bluefin tuna.

The information referred to all relevant findings from the inspection done at sea, by aerial surveillance, in ports, traps, farms or in any other enterprise concerned shall be noted in the inspection reports. In case of an inspection in the framework of the ICCAT Scheme of Joint International Inspection, the official should register the inspections undertaken and any infringements detected in the vessel log.

Those findings shall be compared with the information made available to the officials by other competent authorities, including Vessel Monitoring System (VMS) information, lists of authorised vessels, observer's reports, video records and all documents related to fishing activities.

1.2. Inspection tasks for aerial surveillance

Officials shall report on surveillance data for cross-checking purposes, and in particular verify sightings of fishing vessels against VMS and authorised lists.

Officials shall sight and report on Illegal Unidentified and Unreported (IUU) fishing activities, and on the use of spotting aircrafts or helicopters.

Particular attention shall be devoted to closure areas, fishing season's periods and to the activities of fleets for which derogations apply.

1.3. Inspection tasks at sea

1.3.1. General inspection tasks

Where dead fish are taken onboard the catching vessel or are present onboard a processing or a transport vessel, officials shall always verify the quantities of fish retained on board and compare them with the quantities recorded in the relevant documentation on board.

Where live fish are being transferred, officials shall seek to identify the means used by the parties involved to estimate the quantities of live bluefin tuna transferred. Where video footage is available, officials shall gain access to, and verify the quantities transferred, as observed by the video footage.

A series of ‘spot check’ inspections inside the towing cages will be undertaken by EU / Member State diving inspectors who will check that the number and estimated weight caught and transferred corresponds with that in the ICCAT transfer declaration on board of the tug boats.

Officials shall systematically verify:

(1)

that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);

(2)

compliance with the vessel documentation requirements;

(3)

that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;

(4)

fishing vessels are not operating inside close areas and are respecting the closure of fishing seasons;

(5)

respect of quotas and by-catch limitations;

(6)

the size composition of catches of bluefin tuna on board;

(7)

the physical quantities of bluefin tuna on board, and their presentation;

(8)

the fishing gear on board;

(9)

the presence of an observer where it is relevant.

Officials shall sight and report on IUU fishing activities, and on the use of spotting aircrafts or helicopters.

1.3.2. Inspection tasks at transfer operations

Officials shall systematically verify:

(1)

compliance with the requirements regarding the prior transfer notification;

(2)

that the flag State has assigned and communicated to the master of the fishing vessel, or trap or farm as appropriate, an authorisation number for each transfer operation within 48 hours following the submission of the prior transfer notification;

(3)

compliance with the ICCAT transfer declaration requirements;

(4)

that the transfer declaration has been signed by the ICCAT regional observer on board and transmitted to the master of the tug vessel;

(5)

compliance with the video recording requirements.

1.3.3. Inspection tasks at joint fishing operations

Officials shall systematically verify:

(1)

compliance with the joint fishing operations’ requirements regarding the information to be reported in the fishing logbook;

(2)

that a joint fishing operation authorisation has been delivered to the fishing vessels by their flag States authorities using the model set out in Annex V of Regulation (EC) No 302/2009;

(3)

the presence of an observer during the joint fishing operation.

1.4. Inspection tasks at landing

Officials shall systematically verify:

(1)

that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists, if relevant);

(2)

that the pre-notification of arrival for landing was received by the competent authorities;

(3)

that the relevant authority has sent a record of the landings to the flag State authority of the fishing vessel, within 48 hours after the landing has ended;

(4)

that the fishing vessels are equipped with an operational VMS and that requirements on VMS transmission are respected;

(5)

compliance with the vessel documentation requirements;

(6)

the physical quantities of bluefin tuna on board, and presentation;

(7)

the total catches composition of bluefin tuna on board in order to verify by-catch rules;

(8)

the size composition of catches of bluefin tuna on board in order to verify the minimum size rules);

(9)

the fishing gears on board;

(10)

in the case of landing of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna;

(11)

that the bluefin tuna offered for retail sale to the final consumer, from fishing vessels in the eastern Atlantic and the Mediterranean, is correctly marked or labelled;

(12)

that the bluefin tuna landed by the bait boats, longliners, hand liners or trolling boats in the eastern Atlantic and the Mediterranean is correctly tail tagged.

1.5. Inspection tasks during transhipment

Officials shall systematically verify:

(1)

that the fishing vessels are authorised to operate (markings, identity, licence, fishing authorisation and ICCAT lists);

(2)

that the pre-notification of arrival in port was sent and contained the correct information concerning the transhipment;

(3)

that transhipping fishing vessels wishing to tranship have received prior authorisation from their flag State;

(4)

that the quantities pre-notified to be transhipped are verified;

(5)

that a transhipment declaration has been transmitted to the flag States no later than 48 hours after the date of transhipment in port;

(6)

that the relevant documentation is on board is present and duly completed, including the transhipment declaration, the relevant and ICCAT bluefin tuna catch document and re-export certificate;

(7)

in the case of processed products, the use of the ICCAT conversion factors to calculate the equivalent round weight of the processed bluefin tuna.

1.6. Inspection tasks on farm installations

Officials shall systematically verify:

(1)

that the relevant documentation is present and duly completed and reported (bluefin tuna catch document and re-export certificate, transfer declaration, transhipment declaration);

(2)

that the caging operation has been previously authorised by the catching vessel flag State authorities;

(3)

that an ICCAT regional observer was present during all transfer and harvesting of bluefin tuna, and has validated the caging declarations;

(4)

that all the transfer activities from cages to the farm have been monitored by video camera in the water;

(5)

that the farming State will no accept caging of bluefin tuna where the quantity by number and/or weight above that authorised to be caged by the flag State.

A series of ‘spot check’ inspections in the farm cages will be undertaken by Member State diving inspectors to confirm the quantities of caged fish. This would be conducted by divers which in one Member State would also use a stereoscopical camera.

1.7. Inspection tasks concerning transports and marketing

Officials shall systematically verify:

(1)

as regards transport, in particular the relevant accompanying documents and check them against the physical quantities transported;

(2)

as regards marketing, that the relevant documentation is present and duly completed, including the relevant bluefin tuna catch document and re-export certificate.