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Regulation (EU) 2022/2343 of the European Parliament and of the Council of 23 November 2022 laying down management, conservation and control measures applicable in the Indian Ocean Tuna Commission (IOTC) Area of Competence, amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

article  35

CELEX:  32022R2343

1. Chartering shall be subject to the following conditions:
(a) the flag CPC has consented in writing to the chartering agreement;
(b) the duration of the fishing operation under the chartering agreement does not exceed 12 months in any calendar year;
(c) fishing vessels to be chartered shall be registered with the responsible CPC which shall explicitly agree to comply with the CMMs and enforce them on their vessels; all flag CPCs shall effectively fulfil their duty to control their fishing vessels to ensure compliance with CMMs;
(d) fishing vessels to be chartered shall be registered in the IOTC record referred to in Article 24 and shall be authorised to operate in the Area;
(e) if the chartered vessel is allowed by the chartering CPC to operate in the high seas, the flag CPC shall be responsible for controlling the high seas fishing conducted pursuant to the chartering arrangement;
(f) chartered vessels shall report VMS and catch data to both the chartering CPC and flag CPC, and to the IOTC Secretariat, as provided in the Charter Notification Scheme set out in Annex 6;
(g) all catches, including bycatches and discards, taken pursuant to the chartering agreement shall be counted against quota or fishing possibilities of the chartering CPC; the observer coverage on board such chartered vessels shall be counted against the coverage rate of the chartering CPC for the duration of its fishing activity under the chartering agreement;
(h) the chartering CPC shall report to the IOTC all catches, including bycatches and discards, and other information required by the IOTC;
(i) chartered vessels shall be duly equipped with VMS, and fishing gear shall be marked for effective fishery management;
(j) observer coverage of at least 5 % of fishing effort;
(k) chartered vessels shall have a fishing licence issued by the chartering CPC and shall not be on the IOTC IUU vessel list, that of any other regional fisheries management organisation (RFMO), or on the Union IUU vessel list;
(l) chartered vessels shall not be authorised to use the quota of the flag CPC, and under no circumstances shall chartered vessels be authorised to fish under more than one chartering agreement at the same time;
(m) landing shall take place in the ports of the CPC, or under the direct supervision of CPC, in order to ensure that the activities of the chartered vessels do not undermine CMMs.