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1. Union fishing vessels shall be prohibited from intentionally setting a purse seine net around a cetacean in the Area, if it is sighted prior to the commencement of the set.

2. Where a cetacean is unintentionally encircled in a purse seine net, or caught by other gear types fishing for tuna and tuna-like species associated with cetaceans, Union fishing vessels shall:

(a) take all the reasonable steps to ensure its safe release, in line with the IOTC Scientific Committee’s available best practice guidelines for the safe release and handling of cetaceans, 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 species (if known);

— 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 animal on release, including whether the cetacean was released alive but subsequently died.

3. Member States shall report the information referred to in paragraph 2, point (b), of this Article through logbooks in accordance with Article 14 of Regulation (EC) No 1224/2009 including the status upon release (dead or alive), or when an observer is on board through observer programmes and send it to the Commission, in accordance with Article 51(1) and (5).