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Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627

article  38

CELEX:  02023R2053-20250503

National observer programme
1. Each Member State shall ensure that the deployment of national observers, issued with an official identification document, on fishing vessels and traps active in the bluefin tuna fishery covers at least:
(a) 20 % of its active pelagic trawlers (over 15 metres);
(b) 20 % of its active longline vessels (over 15 metres);
(c) 20 % of its active baitboats (over 15 metres);
(d) 100 % of towing vessels;
(e) 100 % of harvesting operations from traps. Member States with fewer than five catching vessels belonging to the categories listed in points (a), (b) and (c) of the first subparagraph and authorised to fish actively for bluefin tuna shall ensure that the deployment of national observers covers at least 20 % of the time the vessels are active in the bluefin tuna fishery.
2. By way of derogation from paragraph 1, for releases of tuna from farms, only the ICCAT regional observers as referred to in Article 39 shall be present on the towing vessels.
3. The obligations, responsibilities and tasks of the national observers are set out in Annex VIII.
Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627

article  38

CELEX:  02023R2053-20250503

4. Data and information collected under each Member State’s observer programme shall be provided to the Commission. The Commission shall forward those data and that information to the SCRS or the ICCAT Secretariat, as appropriate.
5. For the purposes of this Article Member States shall ensure:
(a) representative temporal and spatial coverage to ensure that the Commission receives adequate and appropriate data and information on catch, fishing effort and other scientific and management aspects, taking into account characteristics of the fleets and fisheries;
(b) robust data collection protocols;
(c) that observers are properly trained and approved before deployment;
(d) that observers are provided, before the start of their deployment, with a list of contacts within the Member State’s competent authority where to report observations;
(e) to the extent practicable, minimal disruption to the operations of vessels and traps fishing in the Convention Area.
(f) that masters of fishing vessels and the trap operators allow observers access to the electronic means of communication on board the fishing vessels or on the traps.