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1. Member States shall ensure the effective implementation of the ICCAT regional observer programme as set out in this Article and in Annex VIII.

2. Member States shall ensure that an ICCAT regional observer is present:

(a) on all purse seine vessels authorised to fish bluefin tuna;

(b) during all transfers of bluefin tuna from purse seine vessels;

(c) during all transfers of bluefin tuna from traps to transport cages;

(d) during all transfers from one farm cage to transport cages, which then are towed to another farm;

(e) during all cagings of bluefin tuna in farms;

(f) during all harvesting of bluefin tuna from farms; and (g) during the release of bluefin tuna from farming cages into the sea.

2a By way of derogation from paragraph 1, harvesting from farms up to 1 000 kg per day and up to a maximum of 50 tonnes per farm per year to supply the fresh bluefin tuna market may be authorised by the relevant Member State provided that an authorised national inspector from the farm Member State is on site for 100 % of such harvests and controls the entire operation. That authorised national inspector shall also validate the harvested quantities in the eBCD system. In such cases, the ICCAT regional observer’s signature shall not be required in the harvesting information section of the eBCD.

3. Purse seine vessels without an ICCAT regional observer shall not be authorised to fish for bluefin tuna.

4. Member States shall ensure that one ICCAT regional observer shall be assigned to each farm for the whole period of the caging and harvesting operations. In the event of force majeure, and following confirmation by the farm Member State of those circumstances that constitute force majeure or where neighbouring farms, as authorised and controlled by the same farm Member State, operate jointly as one unit, an ICCAT regional observer may be shared by more than one farm to guarantee the continuity of farming operations, if it is ensured that the tasks of ICCAT regional observer are duly accomplished and following confirmation from the farm Member State.

4a. By way of derogation from paragraph 4, in the case of a transfer between two different farms under the jurisdiction of the same Member State, one ICCAT regional observer can be assigned to cover the entire process including the transfer of fish to a towing transport cage, the towing of the fish from the donor farm to the farm of destination and the caging of fish in the farm of destination. In that case, an ICCAT regional observer shall be deployed by the donor farm and the cost shall be shared by the donor farm and farm of destination, unless otherwise determined by the operators of those farms.

5. The ICCAT regional observers’ tasks shall be, in particular to:

(a) observe and monitor fishing and farming operations in compliance with the relevant ICCAT conservation and management measures, including through access to stereoscopic camera footage at the time of caging that enables the measuring of length and the estimation of the corresponding weight;

(b) sign the ITDs and BCDs when the information contained therein is consistent with their own observations. Otherwise, the ICCAT regional observer shall indicate his/her presence on the ITDs and BCDs and the reasons of disagreement quoting specifically the rule(s) or procedure(s) that has not been respected;

(c) carry out scientific work, including collecting samples, based on the guidelines from the SCRS.

6. Masters, crew members, and operators of farms, traps and vessels shall not obstruct, intimidate, interfere with, or unduly influence by any means ICCAT regional observers in the performance of their duties.

7. The obligations, responsibilities and tasks of the ICCAT regional observers are set out in Annex VIII.