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Decisions of the Conference of the Parties
99-11
Resolution by ICCAT Calling for Further Actions Against Illegal, Unregulated, and Unreported Fishing Activities by Large-Scale Longline Vessels in the Convention Area and Other Areas

The International Commission for the Conservation of Atlantic Tunas (ICCAT) resolves that:

The Contracting Parties, Cooperating Non-Contracting Parties, Entities or Fishing Entities shall take every possible action, consistent with the relevant laws,

ito urge their importers, transporters and other concerned business people to refrain from engaging in transaction and transshipment of tunas and tuna-like species caught by vessels carrying out illegal, unregulated and unreported fishing activities in the Convention Area and other areas.
01-18
Resolution by ICCAT Further Defining the Scope of IUU Fishing

The International Commission for the Conservation of Atlantic Tunas (ICCAT) resolves that:

Contracting Parties and Cooperating Non-Contracting Parties, Entities and Fishing Entities shall take every possible action, consistent with relevant laws, to instruct their importers, transporters, and other concerned business people to refrain from engaging in transaction and transshipment of tunas and tuna-like species caught by vessels carrying out illegal, unregulated, and unreported fishing activities, which include, inter alia, any fishing not in compliance with relevant ICCAT conservation and management measures, in the Convention Area or other areas.

23-16
Recommendation by ICCAT Amending Recommendation 21-13 on Establishing a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing Activities

12.The ICCAT Executive Secretary shall implement paragraph 11 in accordance with the following procedures:
a)The ICCAT Secretariat shall maintain appropriate contacts with the Secretariats of other RFMOs in order to obtain copies of these RFMOs’ IUU vessel lists in a timely manner upon adoption or amendment, including by requesting a copy of these RFMOs’ IUU vessel lists annually upon conclusion of the RFMO’s meeting at which its final IUU list is adopted.
b)As soon as possible after adoption or amendment of an IUU vessel list by another RFMO, the ICCAT Secretariat shall collect all supporting documentation available from that RFMO regarding the listing/delisting determinations.
c)Once the ICCAT Secretariat has received/collected the information outlined in paragraphs (a) and (b), it shall, consistent with paragraph 11 of this Recommendation, promptly circulate the other RFMO’s IUU vessel list, supporting information, and any other relevant information regarding the listing determination to all CPCs. The requisite circular shall clearly state the reason the information is being provided, explain that ICCAT Contracting Parties have 30 days from the date of the circular to object to the inclusion of the vessels on the ICCAT IUU vessel list, and that absent any such objection the vessel will be added at the expiration of the 30-day period to the Final IUU Vessel List.
d)The ICCAT Secretariat shall add any new vessels contained in the other RFMOs’ IUU vessel list to the Final ICCAT IUU Vessel List at the end of the 30-day period provided no objection to such inclusion is received from a Contracting Party pursuant to paragraph 11 of this Recommendation.
e)Where a vessel has been included on the ICCAT Final IUU Vessel List solely due to its inclusion on another RFMO’s IUU Vessel List, the ICCAT Secretariat shall immediately remove that vessel from the Final ICCAT IUU Vessel List when it has been deleted by the RFMO that originally listed it.
f)Upon the addition or deletion of vessels from the Final ICCAT IUU Vessel List pursuant to paragraph 11 or 12(e) of this Recommendation, the ICCAT Secretariat shall promptly circulate the Final ICCAT IUU Vessel List as amended to all ICCAT CPCs and non-CPCs concerned.
96-14
Recommendation by ICCAT Regarding Compliance in the Bluefin Tuna and North Atlantic Swordfish Fisheries

The International Commission for the Conservation of Atlantic Tunas recommends that:

3Notwithstanding paragraph (2), if any Contracting Party exceeds its catch limit during any two consecutive management periods, the Commission will recommend appropriate measures, which may include, but are not limited to, reduction in the catch limit equal to a minimum of 125% of the excess harvest, and, if necessary, trade restrictive measures. Any trade measures under this paragraph will be import restrictions on the subject species and consistent with each Party's international obligations. The trade measures will be of such duration and under such conditions as the Commission may determine.
01-21
Recommendation by ICCAT Concerning the ICCAT Bigeye Tuna Statistical Document Program

The International Commission for the Conservation of Atlantic Tunas (ICCAT) recommends that;

1Contracting Parties, by July 1, 2002 or as soon as possible thereafter, require that all bigeye tuna, when imported into the territory of a Contracting Party, be accompanied by an ICCAT Bigeye Tuna Statistical Document which meets the requirements described in Annex 1 or an ICCAT Bigeye Tuna Re-export Certificate which meets the requirements described in Annex 2. Bigeye tuna caught by purse seiners and pole and line (bait) vessels and destined principally for the canneries in the Convention area are not subject to this statistical document requirement. The Commission and the Contracting Parties importing bigeye tuna shall contact all the exporting countries to inform them of this program, in advance of implementation of the program.
01-22
Recommendation by ICCAT Establishing a Swordfish Statistical Document Program

The International Commission for the Conservation of Atlantic Tunas (ICCAT) recommends that:

1Contracting Parties shall require that all swordfish, when imported into the territory of a Contracting Party be accompanied by an ICCAT Swordfish Statistical Document (Attachment 2) that meets the requirenrents described in Attachment 1 or an ICCAT Swordfish Re-export Certificate1 (Attachment 4) that meets the requirements described in Attachment 3. The Commission and the Contracting Parties importing swordfish shall contact all the exporting countries to inform them of this program, particularly differentiation of treatnent between catches of swordfish in the Convention Area and those outside of it, in advance of implementation of the program.1Note from the Secretariat: The ICCAT Swordfish Statistical Document and accompanying instructions were adopted under the Recommendations by ICCAT Concerning the Amendment of the Forms of the ICCAT Bluefin/Bigeye/Swordfish Statistical Documents [Ref. 03-19], and replace those originally adopted.
03-16
Recommendation by ICCAT to Adopt Additional Measures Against Illegal, Unreported and Unregulated (IUU) Fishing

The International Commission for the Conservation of Atlantic Tunas (ICCAT) recommends that:

Consistent with their rights and obligations under international law, Contracting Parties and Cooperating non-Contracting Parties, Entities or Fishing Entities (hereafter referred to as CPCs) take the necessary measures to prohibit landings from fishing vessels, placing in cages for farming and/or the transshipment within their jurisdiction of tunas or tuna-like species caught by IUU fishing activities.

25-04
Recommendation by ICCAT Replacing Recommendation 24-05 Establishing a Multi-Annual Management Plan for Bluefin Tuna in the Eastern Atlantic and the Mediterranean

Market measures

231.Consistent with their rights and obligations under international law, exporting and importing CPCs shall take the necessary measures:to prohibit domestic trade, landing, imports, exports, placing in cages for farming, re-exports and transhipments of eastern Atlantic and Mediterranean bluefin tuna that are not accompanied by accurate, complete, and validated documentation required by this Recommendation, the Recommendation by ICCAT amending and replacing Recommendation 18-13 on an ICCAT bluefin tuna catch documentation program (Rec. 23-21) and the Rec. 24-16 on the Bluefin Tuna Catch Documentation Programme.to prohibit domestic trade, imports, landings, placing in cages for farming, processing, exports, re-exports and the transhipment within their jurisdiction, of eastern Atlantic and Mediterranean bluefin tuna caught by fishing vessels or traps whose CPC does not have a quota or catch limit for that species, under the terms of ICCAT management and conservation measures, or when the CPC’s fishing possibilities are exhausted, or when the individual quotas of catching vessels referred to in paragraph 3 are exhausted.to prohibit domestic trade, imports, landings, processing, and exports of eastern Atlantic and Mediterranean bluefin tuna from farms that do not comply with the provisions related to farming specified in this Recommendation.
06-13
Recommendation by ICCAT Concerning Trade Measures

The International Commission for the Conservation of Atlantic Tunas (ICCAT) recommends that:

6.The Compliance Committee or the PWG should evaluate the response of the CPCs or NCPs, together with any new information, and propose to the Commission to decide upon one of the following actions:
a)the revocation of the identification;
b)the continuation of the identification status of the CPC or NCP; or
c)the adoption of non-discriminatory trade restrictive measures.
Absence of response from the CPCs/NCPs concerned within the time limit shall not prevent action from the Commission.In the case of CPCs, actions such as the reduction of existing quotas or catch limits should be implemented to the extent possible before consideration is given to the application of trade restrictive measures. Trade measures should be considered only where such actions either have proven unsuccessful or would not be effective.

7.If the Commission decides upon the action described in paragraph 6 c), it should recommend to the Contracting Parties pursuant to Article VIII of the Convention to take non-discriminatory trade restrictive measures, consistent with their international obligations. The Commission shall notify the CPCs and NCPs concerned of the decision and the underlying reasons in accordance with the procedures specified in paragraph 5.

8.CPCs shall notify the Commission of any measures that they have taken for the implementation of the non discriminatory trade restrictive measures adopted in accordance with paragraph 7.

9.In order for the Commission to recommend the lifting of trade restrictive measures, the Compliance Committee or the PWG shall review each year all trade restrictive measures adopted in accordance with paragraph 7. Should this review show that the situation has been rectified, the Compliance Committee or PWG shall recommend to the Commission the lifting of the non-discriminatory trade restrictive measures.Such decisions should also take into consideration whether the CPCs and/or NCPs concerned have taken concrete measures capable of achieving lasting improvement of the situation.

10.Where exceptional circumstances so warrant or where available information clearly shows that, despite the lifting of trade-restrictive measures, the CPC or NCP concerned continues to diminish the effectiveness of ICCAT conservation and management measures, the Commission may immediately decide on action including, as appropriate, the imposition of trade-restrictive measures in accordance with paragraph 7.Before making such a decision, the Commission shall request the CPC or NCP concerned to discontinue its wrongful conduct and shall provide the CPC or NCP with a reasonable opportunity to respond.

11.The Commission shall establish annually a list of CPCs and NCPs that have been subject to a trade-restrictive measure pursuant to paragraph 7 and, with respect to NCPs, are considered as non-Cooperating non-Contracting Parties to ICCAT.
23-21
Recommendation by ICCAT Amending and Replacing Recommendation 18-13 on an ICCAT Bluefin Tuna Catch Documentation Programme

For the purpose of this programme:

a)"Domestic trade" means:trade of bluefin tuna harvested in the ICCAT Convention area by a vessel or trap, which is landed in the territory of the CPC where the vessel is flagged or where the trap is established, andtrade of farmed bluefin tuna products originating from bluefin tuna harvested in the ICCAT Convention area by a vessel which is flagged to the same CPC where the farm is established, which is supplied to any entity in this CPC, andtrade between the Member States of the European Union of bluefin tuna harvested in the ICCAT Convention area by vessels flagged to one Member State or by a trap established in one Member State.

3.A Bluefin Tuna Catch Document (BCD) shall be completed for each bluefin tuna in accordance with Annex 3.Each consignment of bluefin tuna domestically traded, imported into or exported or re-exported from its territories shall be accompanied by a validated BCD, except in cases where paragraph 13(c) applies and, as applicable, an ICCAT transfer declaration or a validated Bluefin Tuna Reexport Certificate (BFTRC). Any such landing, transfer, delivery, harvest, domestic trade, import, export or re-export of bluefin tuna without a completed and validated BCD or a BFTRC shall be prohibited.

10.Domestic trade, export, import and re-export of fish parts other than the meat (i.e., heads, eyes, roes, guts and tails) shall be exempted from the requirements of this Recommendation.

24.If a CPC involved in trade of bluefin tuna identifies a consignment with no BCD, it shall notify the findings to the exporting CPC and, where known, the flag CPC.

25.Pending the examinations or verifications under paragraph 22 to confirm compliance of the bluefin tuna consignment with the requirements in the present Recommendation and any other relevant Recommendations, the CPCs shall not grant its release for domestic trade, import or export, nor, in the case of live bluefin tuna destined to farms, accept the transfer declaration.

26.Where a CPC, as a result of examination or verifications under paragraph 22 above and in cooperation with the validating authorities concerned, determines that a BCD or BFTRC is invalid, the domestic trade, import, export or re-export of the bluefin tuna concerned shall be prohibited.

27.The Commission shall request the non-Contracting Parties that are involved in domestic trade, import, export or re-export of bluefin tuna to cooperate with the implementation of the programme and to provide to the Commission data obtained from such implementation.
21-18
Recommendation by ICCAT Amending Recommendation 20-08 on the Application of the EBCD System

2.Use of the eBCD system is mandatory for all CPCs and paper BCDs shall no longer be accepted, except in the limited circumstances specified in paragraph 6 below.

5.Notwithstanding paragraph 4 of this recommendation, the following provisions shall be applied with respect to the BCD program and its implementation through the eBCD system:
a)Following the recording and validation of catch and first trade in the eBCD system in accordance with Part II of Recommendation 18-13, the recording of information on internal sales of bluefin tuna in the eBCD (i.e. sales occurring within one Contracting Party or Cooperating non-Contracting Party, Entity or Fishing Entity (CPC) or, in the case of the European Union, within one of its Member States) is not required.
b)Following the recording and validation of catch and first trade in the eBCD, the domestic trade between Member States of the European Union shall be completed in the eBCD system by the seller consistent with paragraph 13 of Recommendation 18-13; however, in derogation to Recommendation 18-13, where such trade is of bluefin tuna that is in the following product forms listed on the eBCD, validation shall not be required: “fillets" (FL) or “other, specified" (OT). “Gilled and gutted” (GG), “dressed” (DR), and “round” (RD) product forms will require validation. When such product (FL and OT) is packaged for transport, however, the associated eBCD number must be written legibly and indelibly on the outside of any package containing any part of the tuna except for exempted products specified in paragraph 10 of Recommendation 18-13.For such product (FL and OT), in addition to the requirements in the above paragraph, subsequent domestic trade to another Member State shall only take place when the trade information from the previous Member State has been recorded in eBCD system. Export from the European Union shall take place only if the previous trade between Member States has been properly recorded, and such export shall continue to require validation in the eBCD system consistent with paragraph 13 of Rec. 18-13.The derogation in this paragraph expires on 31 December 2022. The European Union shall report to the Commission on the implementation of this derogation by 1 October each year of the derogation. This report shall include information on its process for verification and the outcomes of that process and data about these trade events, including relevant statistical information. Based on these reports and any other relevant information brought to the Commission, the Commission shall review the validation derogation at its 2022 annual meeting for decision on its possible extension.The trade of live bluefin tuna including all trade events to and from bluefin farms must be recorded and validated in the eBCD system in accordance with the provisions of Recommendation 18-13 unless otherwise specified in this recommendation. The validation of sections 2 (catch) and 3 (live trade) in the eBCD may be completed simultaneously in derogation to paragraph 3 of Recommendation 18-13. The amending and re-validation of sections 2 and 3 in the eBCD as required by paragraph 99 of Recommendation 18-021 may be completed following caging operation.1Replaced by Rec. 19-04, which has been replaced by Rec. 21-08.
c)Bluefin tuna harvested in sport and recreational fisheries for which sale is prohibited is not subject to the terms of Recommendation 18-13 and need not be recorded in the eBCD system.
d)The provisions of paragraph 13 of Recommendation 18-13 for waiving government validation of tagged fish only apply when the domestic commercial tagging programs of the flag CPC for the vessel or trap that harvested the bluefin tuna under which the fish are tagged are consistent with the requirements of paragraph 21 of that recommendation and meet the following criteria:
i)All bluefin tuna in the eBCD concerned are individually tagged;
ii)Minimum information associated with the tag includes:Identifying information on the catching vessel or trap;Date of capture or landing;The area of harvest of the fish in the shipment;The gear utilized to catch the fish;The type of product and individual weight of the tagged bluefin tuna, which may be done through the appending of an Annex. Alternatively for those fisheries concerned by the derogations to minimum size under the Recommendation by ICCAT Establishing a Multi-Annual Management Plan for Bluefin Tuna in the Eastern Atlantic and the Mediterranean Sea (Rec. 18-02)1, CPCs may instead provide the approximate weight of individual fish within the catch upon offloading, which is determined through representative sampling. This alternative approach shall apply through 2022 unless extended by the Commission after considering CPC reports on its implementation;1Replaced by Rec. 19-04, which has been replaced by Rec. 21-08.Information on the exporter and importer (where applicable);The point of export (where applicable).
iii)Information on tagged fish is compiled by the responsible CPC.
e)Bluefin tuna that die during the transfer, towing, or caging operations foreseen by paragraphs 86 to 102 of Recommendation 18-021 prior to harvesting may be traded by the purse seine vessel, auxiliary/support vessel(s), and/or farm representatives, where applicable.1Replaced by Rec. 19-04, which has been replaced by Rec. 21-08.
f)Bluefin tuna that are caught as by-catch in the eastern Atlantic and Mediterranean by vessels not authorized to fish actively for bluefin tuna pursuant to Rec. 18-021 may be traded. In order to improve the functioning of the eBCD system access to the system by CPC authorities, port authorities and/or through authorised self-registration shall be facilitated, including by way of their national registration number. Such registration only permits access to the eBCD system and does not represent an authorisation by ICCAT; hence no ICCAT number will be issued. Flag CPCs of the vessels concerned are not required to submit a list of such vessels to the ICCAT Secretariat.1Replaced by Rec. 19-04, which has been replaced by Rec. 21-08.
g)The requirement in paragraph 13 b) of Recommendation 18-13 providing that BCDs may only be issued when the accumulated validated amounts are within their quotas or catch limits of each management year, does not apply to CPCs whose domestic legislation requires that all dead or dying fish be landed, provided that the value of the catch is subject to confiscation in order to prevent the fishermen from drawing any commercial profit from such fish. The CPC shall take necessary measures to prevent the confiscated fish from being exported to other CPCs.
h)Paper BCDs shall continue to be used for the trade of Pacific bluefin tuna until such time as the functionality for such tracking is developed within the eBCD system. Such functionality will include the data elements listed in Annexes 1 and 2 unless otherwise decided to address future data collection needs.
i)The trade section of an eBCD shall be validated prior to export. The buyer information in the trade section must be entered into the eBCD system as soon as available and prior to re-export.
j)Access to the eBCD system shall be granted to ICCAT non-CPCs to facilitate trade of bluefin tuna. Until such time as the functionality is developed that allows non-CPC access to the system, this shall be accomplished through completion by the non-CPC of paper BCD program documents consistent with the terms of paragraph 6 and submission to the ICCAT Secretariat for entry into the eBCD system. The Secretariat shall communicate without delay to those non-CPCs known to trade in Atlantic bluefin tuna to make them aware of the eBCD system and the provisions of the BCD program applicable to them.
k)To the extent possible, reports generated from the eBCD system shall fulfill the annual reporting requirements in paragraph 34 of Recommendation 18-13. CPCs shall also continue to provide those elements of the annual report that cannot be produced from the eBCD system. The format and content of any additional reports will be determined by the Commission taking into account appropriate confidentiality rules and considerations. At a minimum, reports shall include catch and trade data by the CPCs that are appropriately aggregated. CPCs shall continue to report on their implementation of the eBCD system in their annual reports.

Paper BCD documents (issued pursuant to Recommendation 18-13) or printed eBCDs may be used in the following cases:

e)In the case of trade between ICCAT CPCs and non-CPCs where access to the eBCD system through the Secretariat (pursuant to paragraph 5(j) above) is not possible or is not timely enough to ensure the trade is not unduly delayed or disrupted.
10-08
Recommendation by ICCAT on Hammerhead Sharks (Family Sphyrnidae) Caught in Association with Fisheries Managed by ICCAT

The International Commission for the Conservation of Atlantic Tunas (ICCAT) recommends that:

3.Hammerhead sharks that are caught by developing coastal CPCs for local consumption are exempted from the measures established in paragraphs 1 and 2, provided these CPCs submit Task I and, if possible, Task II data according to the reporting procedures established by the SCRS. If it is not possible to provide catch data by species, they shall be provided at least by genus Sphryna. Developing coastal CPCs exempted from this prohibition pursuant to this paragraph should endeavor not to increase their catches of hammerhead sharks. Such CPCs shall take necessary measures to ensure that hammerhead sharks of the family Sphyrnidae (except of Sphyrna tiburo) will not enter international trade and shall notify the Commission of such measures.
11-08
Recommendation by ICCAT on the Conservation of Silky Sharks Caught in Association with ICCAT Fisheries

The International Commission for the Conservation of Atlantic Tuna (ICCAT) recommends that:

4.Silky sharks that are caught by developing coastal CPCs for local consumption are exempted from the measures established in paragraphs 1 and 2, provided these CPCs submit Task I and, if possible, Task II data according to the reporting procedures established by the SCRS. CPCs that have not reported species-specific shark data shall provide a plan by July 1, 2012, for improving their data collection for sharks on a species specific level for review by the SCRS and Commission. Developing coastal CPCs exempted from the prohibition pursuant to this paragraph shall not increase their catches of silky sharks. Such CPCs shall take necessary measures to ensure that silky sharks will not enter international trade and shall notify the Commission of such measures.
23-16
Recommendation by ICCAT Amending Recommendation 21-13 on Establishing a List of Vessels Presumed to Have Carried Out Illegal, Unreported and Unregulated Fishing Activities

9.CPCs shall take all necessary measures, under their applicable legislation to:ensure that the fishing vessels, support vessels, refuelling vessels, the mother-ships and the cargo vessels flying their flag do not assist in any way, engage in fishing processing operations or participate in any transhipment or joint fishing operations with vessels included on the IUU Vessels List;ensure that IUU vessels are not authorized to land, tranship, re-fuel, re-supply, or engage in other commercial transactions; prohibit the entry into their ports of vessels included on the IUU list, except in case of force majeure, unless vessels are allowed entry into port for the exclusive purpose of inspection and effective enforcement action;ensure the inspection of vessels on the IUU list, if such vessels are otherwise found in their ports, to the extent practicable;prohibit the chartering of a vessel included on the IUU vessels list;refuse to grant their flag to vessels included in the IUU list, except if the vessel has changed owner and the new owner has provided sufficient evidence demonstrating the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel, or having taken into account all relevant facts, the flag CPC determines that granting the vessel its flag will not result in IUU fishing;prohibit the import, or landing and/or transhipment, of tuna and tuna-like species from vessels included in the IUU list;encourage the importers, transporters and other sectors concerned, to refrain from transaction and transhipment of tuna and tuna-like species caught by vessels included in the IUU list;collect and exchange with other CPCs any appropriate information with the aim of searching for, controlling and preventing false documentation (including import/export certificates) regarding tunas and tuna-like species from vessels included in the IUU list; andmonitor vessels included in the IUU list and promptly submit any information to the Executive Secretary related to their activities and possible changes of name, flag, call sign and/or registered owner.
25-05
Recommendation by ICCAT Replacing Recommendation 22-10 for a Conservation and Management Plan for Western Atlantic Bluefin Tuna

c)Notwithstanding paragraph 8 b), if a CPC has an overharvest of its total quota during any two consecutive management periods, the Commission will recommend appropriate measures, which may include, but are not limited to, reduction in the CPC’s total quota equal to a minimum of 125% of the overharvest amount and, if necessary, trade restrictive measures. Any trade measures under this paragraph will be import restrictions on the subject species and consistent with each CPC’s international obligations. The trade measures will be of such duration and under such conditions as the Commission may determine.
25-04
Recommendation by ICCAT Replacing Recommendation 24-05 Establishing a Multi-Annual Management Plan for Bluefin Tuna in the Eastern Atlantic and the Mediterranean

Market measures

231.Consistent with their rights and obligations under international law, exporting and importing CPCs shall take the necessary measures:to prohibit domestic trade, landing, imports, exports, placing in cages for farming, re-exports and transhipments of eastern Atlantic and Mediterranean bluefin tuna that are not accompanied by accurate, complete, and validated documentation required by this Recommendation, the Recommendation by ICCAT amending and replacing Recommendation 18-13 on an ICCAT bluefin tuna catch documentation program (Rec. 23-21) and the Rec. 24-16 on the Bluefin Tuna Catch Documentation Programme.to prohibit domestic trade, imports, landings, placing in cages for farming, processing, exports, re-exports and the transhipment within their jurisdiction, of eastern Atlantic and Mediterranean bluefin tuna caught by fishing vessels or traps whose CPC does not have a quota or catch limit for that species, under the terms of ICCAT management and conservation measures, or when the CPC’s fishing possibilities are exhausted, or when the individual quotas of catching vessels referred to in paragraph 3 are exhausted.to prohibit domestic trade, imports, landings, processing, and exports of eastern Atlantic and Mediterranean bluefin tuna from farms that do not comply with the provisions related to farming specified in this Recommendation.