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Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

article  41

CELEX:  02017R2107-20240408

General provisions for sea turtles
1. Purse seiners shall avoid encircling sea turtles and shall release encircled or entangled sea turtles, including on FADs. They shall report interactions between purse seines or FADs and sea turtles to their flag Member State.
2. Pelagic longline vessels shall carry and use safe-handling, disentanglement and release equipment capable of releasing sea turtles in a manner that maximises their chances of survival.
2a. Member States shall require the vessels flying their flag that fish with shallow-set longlines to:
(a) use only large circle hooks;
(b) use only finfish bait; or (c) use other measures that have been reviewed and considered effective and approved by ICCAT to be capable of reducing the interaction rate of sea turtles in shallow-set longline fisheries.
3. Fishermen on pelagic longline vessels shall use the equipment referred to in paragraph 2 in accordance with Annex VI, in order to maximise the chances of sea turtle survival.
Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

article  41

CELEX:  02017R2107-20240408

4. Member States shall:
(a) ensure that interactions with sea turtles are reduced and eliminated to the extent practicable, where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, through the use or continued use of at least one of the following by-catch mitigation measures:
(i) alternative or new gear types and gear modifications;
(ii) time-area fishing restrictions and closures in instances where there is a higher risk of interaction with sea turtles;
(iii) effective marking of static net gear, allowing their detection by sea turtles, such as the use of net colours, light passive reflectors, thicker twine diameter, corks or other materials within the net;
(iv) modifications in fishing behaviour and strategy (e.g. reduced soaking time etc.);
(b) require purse seiners flying their flag to:
(i) avoid encircling sea turtles to the extent practicable;
(ii) release encircled or entangled sea turtles, including on FADs, where feasible; and (iii) ensure that FADs deployed are constructed according to Annex X to effectively eliminate entanglement risks of sea turtles;
(c) take all reasonable steps to ensure the safe release of sea turtles in a manner that maximises the likelihood of their survival by requiring that:
(i) purse seiners, longline vessels and other types of vessels flying their flag that use gear that may entangle sea turtles, carry on board de-hookers, line-cutters and basket lifts or dip nets, as appropriate for each gear type and consistent with the ‘Best practices for sea turtle handling and release’ of the FAO Guidelines to reduce sea turtle mortality in fishing operations (2009) (‘the FAO guidelines’);
(ii) the owners, operators and crew members of the vessels referred to in point (i), as well as any on-board observers, use the equipment referred to in that point in accordance with the safe handling and release practices for sea turtles set out in Annex VI, and consistent with the FAO guidelines;
(iii) the owners, operators and crew members of the vessels referred to in point (i) be encouraged to have training in the use of the equipment referred to in that point;
(d) require their fishers on vessels targeting species covered by the ICCAT Convention to bring aboard, if practicable, any captured sea turtle that is comatose or inactive as soon as possible and foster its recovery, including giving it resuscitation in accordance with Section C of Annex VI before returning it to the water;
(e) ensure that fishers are aware of and use proper mitigation and handling techniques, as described in Annex VI.
Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007

article  41

CELEX:  02017R2107-20240408

5. Member States shall endeavour to increase the scientific observer coverage of longline fishing vessels in ICCAT fisheries where encounters with sea turtles have been documented and reported to the ICCAT Standing Committee on Research and Statistics, beyond the minimum level of 5 %, to 10 % by 1 January 2024. That increase may be achieved through human observers or electronic monitoring systems, or both. Notwithstanding the first subparagraph, for vessels of less than 15 metres in length overall, where an extraordinary safety concern could exist that precludes deployment of an on-board observer, a Member State may employ an alternative scientific monitoring approach to collect data equivalent to those specified in this Regulation in a manner that ensures comparable coverage. Alternative approaches implemented pursuant to this subparagraph shall be subject to the approval of ICCAT at the annual meeting prior to their implementation.
6. In the Mediterranean Sea:
(a) paragraph 2a shall not apply;
(b) paragraphs 4 and 5 shall apply from 1 January 2026.