Blue Fin Tuna Harvesting Regulations, 2017

L.N. 272 of 2017

FISHERIES CONSERVATION AND MANAGEMENT ACT

(CAP. 425)

Blue Fin Tuna Harvesting Regulations, 2017

IN EXERCISE of the powers conferred by article 38 of the

Fisheries Conservation and Management Act, the Minister responsible

for the Environment, Sustainable Development and Climate Change

has made the following regulations:-

The title of these regulations is the Blue Fin Tuna Citation.

Harvesting Regulations, 2017.

(1) In these regulations, the following definitions shall Interpretation.

apply, unless the context otherwise requires

"the Act" means the Fisheries Conservation and Cap. 425.

Management Act;

"average e-BCD caging weight" means total weight

divided by the total number of pieces in a particular cage as

recorded in the caging section within individual eBCDs;

"average harvest weight" means the total live weight of the

fish harvested per cage divided by the total number of pieces as

recorded during the harvesting process;

"e-BCD" means electronic Bluefin Tuna Catch document

as defined in Regulation (EU) 2016/1627;

"Harvest Raised Weight" means the amended e-BCD

average weight (with -5% lowest weight range applied as per

Annex 9 of ICCAT Recommendation 14-04 implemented

through Regulation (EU) 2016/1627) + SCRS growth factor =

Harvest Raised Weight in kg;

"maximum harvest raised weight" means the acceptable

harvested weight at national level up to 10% from the harvest

raised weight as described in paragraph (d);

"Regulation (EU) 2016/1627" means Regulation (EU)

2016/1627 of The European Parliament and of the Council of 14

September 2016 on a Multiannual Recovery Plan for Bluefin

Tuna in the Eastern Atlantic and the Mediterranean, and

repealing Council Regulation (EC) No 302/2009;

"SCRS growth factor" refers to the values listed in tables 1

p.1049 Collective Volume of Scientific Papers ICCAT, (2010)

vol. 65(3) – SCRS/2009/192.

(2) Words and phrases used in these regulations shall have the

same meaning as is assigned to them in the Act.

(1)

Caged Bluefin Tuna shall at the moment of harvest be

weighed.

(2) The average e-BCD caging weight for the corresponding

cage is multiplied by the growth factor applicable for that month of

harvest with a further 10% added to the resulting weight to account for

technical errors.

(3) If at the exhaustion of the cage, the average weight of

Bluefin Tuna at harvest is higher than the weight calculated in sub-

regulation (2), no further eBCDs for that cage shall be validated by the

Department of Fisheries and Aquaculture.

(4) During the harvesting period the Department of Fisheries

and Aquaculture shall monitor and forecast harvesting weights in order

to estimate the acceptable final HRV per cage.

(5) Harvested fish corresponding to the weight exceeding the

HRV will be confiscated. All expenses related to the haulage,

transportation and storage of this fish into an appropriate cold store

will be carried out at the operator’s expense.

(6) The operator may opt to release the equivalent weight of

live Bluefin Tuna from a different cage in lieu of the weight referred to

in sub-regulation (5).

(1) Any person who contravenes these regulations shall

be guilty of an offence against the Act.

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