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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  19

CELEX:  32022R2343

Whale sharks
1. Union fishing vessels shall be prohibited from intentionally setting a purse seine net around a whale shark (Rhincodon typus) in the Area, if it is sighted prior to the commencement of the set.
2. Where a whale shark is unintentionally encircled or entangled in the fishing gear, Union fishing vessels shall:
(a) take all reasonable steps to ensure its safe release, in line with available IOTC Scientific Committee’s best practice guidelines for the safe release and handling of whale sharks, while taking into consideration the safety of the crew;
(b) report the incident to the vessel’s flag Member State, with the following information:
— the number of individuals;
— a short description of the interaction, including details of how and why the interaction occurred, if possible;
— the location of the encirclement;
— the steps taken to ensure safe release; and — an assessment of the life status of the whale shark on release, including whether it was released alive but subsequently died.