FantasticSearch

1. Where, for a single catching operation, there is a difference greater than 10 % between the number of the bluefin tuna individuals being caged as communicated by the competent authority of the farm Member State in accordance with Article 51(3), from the number reported in the eBCD or ITD as caught and/or transferred, the competent authority of the catching flag or trap Member State shall launch an investigation to determine the accurate catch weight to be deducted from the national bluefin tuna quota.

2. In support of the investigation referred to in the paragraph 1 the competent authority of the catching flag or trap Member State shall request all the complementary information and the results of the relevant video record analysis conducted by the competent authorities of the flag and farm Member State that have been involved in the transport and the caging operation concerned.

3. The competent authorities of the Member States, including the flag Member States of the vessels that have been involved in the transport of the fish, shall cooperate actively, including through the exchange of all information and documentation at their disposal.

4. The competent authority of the catching flag or trap Member State shall conclude the investigation within 1 month from the communication of the caging results by the competent authority of the farm Member State.

5. A difference greater than 10 % between the number of bluefin tuna individuals reported caught by the vessel or trap concerned and the number determined by the competent authority of the catching flag or trap Member State as result of the investigation shall constitute potential non-compliance of the vessel or trap concerned.

6. The margin of error of 10 % referred to in paragraphs 1 and 5 shall be expressed as a percentage of the figures reported by the master of the fishing vessel or the master’s representative, or the trap operator or the trap operator’s representative, and shall be applicable at the level of individual caging operation.

7. The catching flag or trap Member State shall determine the weight of bluefin tuna to be deducted from its national bluefin tuna quota, taking into account the quantities caged, calculated in accordance with Annex XI, which ensures that weight at caging is calculated based on the length-weight relationship for wild fish, and the reported mortalities, in accordance with Annex XIII.

8. However, where the investigation referred to in paragraph 1 of this Article concludes that bluefin tuna individuals are lost fish as defined in Annex XIII, the weight of the lost fish shall be deducted from the quota of the Member State in accordance with Annex XIII, by applying the average individual weight at caging communicated by the competent authority of the farm Member State, to the number of bluefin tuna individuals in the catch as determined by the competent authority of the flag or trap Member State resulting from its analysis of the first transfer video record in the context of the investigation.

9. Notwithstanding paragraph 8, after consulting the competent authority of the flag Member State involved in the transport of fish to the farm of destination, the competent authority of the flag or trap Member State may decide not to deduct from the quota of the Member State the fish determined in the investigation as lost fish, where the losses have been duly documented as force majeure by the operator (i.e. pictures of the damaged cage, meteorological reports), the relevant information has been communicated to competent authority of the Member State of the operator immediately after the event and the losses did not result in known mortalities.