REPORT for biennial period, 2010-11 PART I (2010) - Vol. 4 ... - Iccat

SECRETARIAT REPORT TO COC - 2010− of purse seine vessels over 24 m during all the annualfishing season (Annex 7);− of all purse seiners involved in joint fishingoperations, irrespective of the length of the vessels. Inthis respect, an observer shall be present during thefishing operation;− during all transfer of bluefin tuna to the cages and allharvest of fish from the cage.Such purse seine vessels without an ICCAT regionalobserver shall not be authorized to fish or to operate inthe bluefin tuna fishery.90. An ICCAT Regional Observer Program shall ensurean observer presence during all transfer of bluefin tunato the cages and all harvest of fish from the cage. Theobserver tasks shall be, in particular, to:− observe and monitor farming operation compliancewith the Recommendation by ICCAT on Bluefin TunaFarming [Rec. 06-07],− validate the caging report referred to in paragraph 82,− carry out such scientific work, for example collectingsamples, as required by the Commission based on thedirections from the SCRS.91. CPCs shall take enforcement measures with respectto a fishing vessel, where it has been established, inaccordance with its law that the fishing vessel flying itsflag does not comply with the provisions of paragraphs19 to 24, 27 to 29 and 64 to 68 (closed seasons,minimum size and recording requirements). Themeasures may include in particular depending on thegravity of the offence and in accordance with thepertinent provisions of national law:− fines,− seizure of illegal fishing gear and catches,− sequestration of the vessel,− suspension or withdrawal of authorization to fish,− reduction or withdrawal of the fishing quota, ifapplicable.92. The CPC under whose jurisdiction the farm forbluefin tuna is located shall take enforcement measureswith respect to a farm, where it has been established, inRegulation on catch, farming and sales ofbluefin tuna (Thunnus thynnus) NN 60/10,Article 30Decision on ICCAT Regional ObserverProgram on bluefin tuna (Thunnus thynnus)farms, NN 76/09Marine fisheries law (NN 56/10)Marine fisheries law (NN 56/10)Regulation on catch, farming and sales ofImplemented as per ROP provisionsAccording to the national regulation, contraventions ofICCAT rules are sanctioned through the court procedurewhen infringements have been detected or suspected. Casesare submitted to court, which then is the solely responsibleand independent body running the process. Marine FisheriesLaw foresees different levels of sanctions, either by fines,seizures of vessels and catches or by suspension of fishingrights.According to the national regulation, contraventions ofICCAT rules are sanctioned through the court procedurewhen infringements have been detected or suspected.317