1. It shall be prohibited to remove shark fins on board vessels, and to retain on board, tranship or land shark fins.
2. It shall be prohibited to purchase, offer for sale or sell shark fins which have been removed on board, retained on board, transhipped or landed in contravention of this Regulation.

1. By way of derogation from Article 3(1), and subject to paragraphs 2, 3, 4 and 5 of this Article, it may be allowed to remove shark fins from dead sharks on board and to retain on board, tranship or land shark fins with regard to vessels which hold a special fishing permit.
2. Such a special fishing permit shall only be issued to fishing vessels where a capacity to use all parts of sharks has been demonstrated and where the need for the separate processing on board of shark fins and the remaining parts of sharks has been justified.
3. It shall be prohibited to discard at sea the remaining parts of sharks after removal of the shark fins, except those parts resulting from basic processing operations, such as beheading, gutting and skinning.
4. The weight of the fins kept from the catch shall never exceed the theoretical weight of the fins that would correspond to the remaining parts of sharks retained on board, transhipped or landed.
5. For the purpose of controlling the application of paragraph 4, the theoretical correspondence between weights of fins and bodies shall be established by Member States, taking into account the type of fishery, the species composition and the type of processing and storage. In no case shall the theoretical weight of the fins exceed 5 % of the live weight of the shark catch.

1. Masters of vessels which hold a valid special fishing permit shall keep records of the weight of shark fins and the remaining parts of sharks retained on board, transhipped or landed. These records shall be kept in the logbook established by Article 6(1) of Regulation (EEC) No 2847/93, where applicable. For those vessels not subject to Article 6(1) of that Regulation, these records shall be kept in a special register to be provided by the competent authority issuing the special fishing permit. When the shark catch is not landed as a whole, masters of vessels shall complete the logbook records with valid documentation on landings, transhipments and sales of shark fins or remaining parts of sharks. The Member States shall define the type of documentation which is deemed valid for this purpose and check systematically the logbook records. L 167/2 Official Journal of the European Union EN 4.7.2003
2. In order to facilitate the control of landings by the port authorities and the documentation referred to in paragraph 1, masters of vessels, or their representatives, who hold a valid special fishing permit and who intend to land shark fins or remaining parts of sharks outside Community ports, shall notify the authorities of the flag State and the competent authorities of the State whose ports or landing facilities they want to use, at least 72 hours before the estimated time of arrival at the port of landing, of the catches retained on board, the catches intended for landing and their estimated time of arrival at the port. A

1. The master of each Union catching vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities.
2. The fishing logbook referred to in paragraph 1 shall contain at least the following information: (a) the unique fishing trip identification number; (b) the common fleet register (CFR) number or, where that number is not available, another vessel identification number and the name of the catching vessel; (c) the FAO alpha-3 code of each species and the relevant geographical area in which the catches were taken; (d) the date and, for vessels of 12 metres in length overall or more, the time of catches; (e) the date and time of departure from, and of arrival to, port; (f) the type of fishing gear, its technical specifications and dimensions; (g) the estimated quantities in kilograms live weight or, where appropriate, the number of individuals, of each species retained on board, including, as a separate entry, the quantities or individuals below the applicable minimum conservation reference size. For Union catching vessels of 12 metres in length overall or more, this information shall be provided per fishing operation; (h) estimated quantities of each species discarded in kilograms live weight or, where appropriate, in number of individuals; (i) where applicable, the conversion factor(s) used; (j) data required in application of fisheries agreements referred to in Article 3(1).
3. When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species. For species retained on board the quantity of which does not exceed 100 kg of live-weight equivalent, the permitted margin of tolerance shall be 20 % per each species.
4. By way of derogation from paragraph 3, in the case of fisheries referred to in Article 15(1), point (a), first and third indents, of Regulation (EU) No 1380/2013 for species which are landed unsorted, and in the case of tropical tuna purse seine fisheries for species which are landed unsorted, the following margins of tolerance shall apply: (a) in the case of landings in listed ports and subject to additional conditions concerning the landing and the weighing of catches in order to ensure accurate catch reporting: (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook, per each species;

OJ L, 20.12.2023 EN

28/105 ELI: http://data.europa.eu/eli/reg/2023/2842/oj (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 0,5 % of the total quantity of all species recorded in the fishing logbook, per each species, whichever is greater. In addition to the provisions set out in points (i) and (ii), in any event, for the total quantity of all species, the permitted margin of tolerance in estimates recorded in the fishing logbook of the total quantity in kilograms of fish retained on board shall be 10 % of the total quantity of all species recorded in the fishing logbook. The conditions concerning landing and weighing shall include safeguards allowing for the accurate reporting of the catches, such as the involvement of accredited independent third parties or specific requirements for the sampling and weighing operations. Those conditions shall provide for the necessary control by, and cooperation with, the relevant competent authorities of the country concerned; (b) in the case of landings other than those referred to in point (a): (i) for species representing 2 % or more in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species; (ii) for species that represent less than 2 % in kilograms live weight of all species landed, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 200 kg or 20 % per each species recorded in the fishing logbook, whichever is greater. 5. For Union catching vessels engaged in the fisheries referred to in paragraph 4, the Commission may, at the request of one or more Member States, ask EFCA to develop harmonised technical guidelines on best practices for the estimation of catches on board. 6. The Commission shall, by means of implementing acts, by 10 July 2024 lay down rules on conditions pertaining in particular to the landing and weighing of catches of fisheries referred to in paragraph 4 of this Article in order to ensure the accuracy of reporting of catches. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). The Commission shall, by means of implementing acts, approve the ports which comply with the conditions set out in accordance with this Article and on the basis of submissions by the Member States. The initial list of ports shall be adopted by 10 July 2024. The Commission may amend the list and may revoke its approval of a listed port in the event that the conditions are no longer met. 7. In the case of fishing gear lost at sea, the fishing logbook shall also contain the following information: (a) the type and approximate dimensions of the lost gear; (b) the date and estimated time when the gear was lost; (c) the position where the gear was lost; (d) the measures undertaken to retrieve the lost gear. 8. In the case of catches of sensitive species referred to in Article 10(1) and (2) and Article 11(1) of Regulation (EU) 2019/1241, the information referred in paragraph 2, point (h), of this Article shall also contain the quantities in kilograms live weight or, where appropriate, the number of individuals, of the catches which are injured, dead or released alive. 9. In fisheries subject to a Union fishing effort regime, masters of Union catching vessels shall in their fishing logbooks record and account for the time spent in an area as follows: (a) with regard to towed gear: (i) entry into, and exit from, the port located in that area;

EN OJ L, 20.12.2023

ELI: http://data.europa.eu/eli/reg/2023/2842/oj 29/105 (ii) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply; (iii) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area; (b) with regard to static gear: (i) entry into, and exit from, the port located in that area; (ii) each entry into, and exit from, maritime areas where specific rules on access to waters and resources apply; (iii) the date and time of setting or resetting of the static gear in these areas; (iv) the date and time of the completion of fishing operations using the static gear; (v) the catch retained on board by species in kilograms live weight at the time of exit from that area or before entry into a port located in that area. 10. To convert stored or processed fish weight into live fish weight for the purposes of the fishing logbook, masters of Union catching vessels shall apply a conversion factor established in accordance with paragraph 12. 11. The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master. 12. The Commission may, by means of implementing acts, establish conversion factors and lay down detailed rules on: (a) the implementation of the margin of tolerance as defined in paragraphs 3 and 4; (b) the use of conversion factors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’.

Article 48 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. A Union catching vessel shall have equipment on board to retrieve its lost gear, including fishing gear, fishing aggregating devices and buoys.’; (b) in paragraph 2, the words ‘fishing vessel’ are replaced by the words ‘catching vessel’; (c) paragraph 3 is replaced by the following: ‘3. If the lost gear cannot be retrieved, the master of the catching vessel shall include the information on the lost gear in the fishing logbook pursuant to Article 14(7). The competent authority of the flag Member State shall without delay forward that information to the competent authority of the coastal Member State.’; (d) in paragraph 4, the words ‘fishing vessel’ are replaced by the words ‘catching vessel’; (e) paragraph 5 is replaced by the following: ‘5. Member States shall collect and record information concerning lost gear and provide that information to the Commission or EFCA upon request.

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ELI: http://data.europa.eu/eli/reg/2023/2842/oj 43/105 6. By 31 December every year, the Commission shall make publicly available on its website a compilation of the information referred to in paragraph 5 for the preceding year. The Commission may request EFCA to assist in the compilation of such information.’.

1. For the purposes of this Regulation, ‘serious infringement’ means an infringement listed in paragraph 2 or considered serious pursuant to paragraph 3.
2. Any of the following activities shall constitute a serious infringement: (a) fishing without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State; (b) falsifying or concealing markings, identity or registration of a fishing vessel; (c) concealing, tampering with, or disposing of, evidence relating to an investigation; (d) obstructing the work of officials or observers, in the exercise of their duties; (e) transhipping without the required authorisation or where such transhipment is prohibited; (f) conducting transfer operations or caging, in particular as referred to in Regulation (EU) 2023/2053 of the European Parliament and of the Council (*), in breach of the rules of the common fisheries policy; (g) transhipping from or to, conducting transfer operations with, participating in joint fishing operations with, or supporting or supplying vessels listed in the IUU vessel list of the Union or of a regional fisheries management organisation, as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008; (h) participating in the operation, management, ownership of, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council (**), or supplying services, including logistic, insurance and other financial services, to operators connected to, a vessel listed in the IUU vessel list of the Union or of a regional fisheries management organisation as referred to in Articles 29 and 30 of Regulation (EC) No 1005/2008; (i) carrying out fishing activities in contravention of the rules applicable in a fishing restricted area; (j) fishing for, catching, retaining on board, transhipping, landing, storing, selling, displaying or offering for sale species for which such activities are prohibited, subject to the conditions set out in Articles 10 and 11 of Regulation (EU) 2019/1241; (k) conducting fishing activities involving species subject to catch limits for which the operator does not have a quota or does not have access to the quota of the flag Member State, species for which the quota is exhausted, or species subject to a fishing moratorium, temporary prohibition or closed season, except accidental catches, unless the activity is a serious infringement under point (j); (l) operating, managing or owning a fishing vessel having no nationality and therefore a stateless vessel in accordance with international law; (m) using prohibited fishing gear or methods, as referred to in Article 7 of Regulation (EU) 2019/1241 or any other equivalent rules of the common fisheries policy; (n) falsifying documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy; (o) manipulating an engine or a continuous engine power monitoring device with the aim of increasing the power of the vessel to exceed the maximum continuous engine power according to the engine certificate; (p) conducting fishing activities with the use of forced labour, as defined in Article 2 of the ILO Convention No 29 on Forced Labour.
3. The following activities shall constitute a serious infringement where the competent authority of the Member State concerned determines that at least one of the criteria defined in Annex IV is met: (a) using falsified or invalid documents, information or data, written on paper or stored in electronic form, referred to in the rules of the common fisheries policy; (b) failing to fulfil obligations to accurately record, store and report data relating to fishing activities, including data to be transmitted by vessel monitoring systems, as well as data with regard to prior notifications, catch declarations, transhipment declarations, fishing logbooks, landing declarations, weighing records, take-over declarations, transport documents or sales notes as required under the rules of the common fisheries policy, except for obligations relating to the margin of tolerance as referred to in point (c); (c) failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance, in accordance with Article 14(3) and (4) and Article 21(3) of this Regulation and Article 13 of Regulation (EU) 2016/1139 of the European Parliament and of the Council (***); (d) failing to fulfil obligations relating to the characteristics or use of fishing gear, acoustic deterrent devices, selectivity or fish aggregating devices, in particular as regards marking and identification, areas, depths, periods, number of gear and mesh sizes, or of the equipment for grading, water separation or processing, or failing to comply with measures to reduce incidental catches of sensitive species as required under the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2; (e) failing to bring and retain on board the fishing vessel, including through slipping, or failing to land or, where applicable, tranship or transfer, species subject to the landing obligation, including catches below the minimum conservation reference size, in breach of the rules of the common fisheries policy applicable to fisheries or fishing zones; (f) carrying out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with, or in contravention of, applicable conservation and management measures of that organisation, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph; (g) making available on the market fishery or aquaculture products in breach of the rules of the common fisheries policy, unless the activity is a serious infringement under paragraph 2 or under other points of this paragraph; (h) conducting recreational fishing activities in breach of the rules of the common fisheries policy or selling fishery products from recreational fisheries; (i) committing multiple infringements of the rules of the common fisheries policy; (j) conducting any of the activities referred to in paragraph 2, point (g), in relation to a vessel engaged in IUU fishing as defined in Regulation (EC) No 1005/2008 and not listed in the IUU vessel list of the Union or of a regional fisheries management organisation; (k) using an engine power exceeding the maximum continuous engine power certified and recorded in the Member State fishing fleet register; (l) landing in ports of third countries without prior notification as referred to in Article 19a; (m) conducting business directly connected to IUU fishing, including trade in, import, export, processing and marketing of, fishery products stemming from IUU fishing; (n) illegally disposing of fishing gear or gear at sea from a fishing vessel.
4. The Commission is empowered to adopt delegated acts in accordance with Article 119a to amend the criteria set out in Annex IV where there are clear indications that this is necessary to ensure effective and proportionate enforcement of the rules of the common fisheries policy by and across Member States. It shall take into account, in particular, advice of the expert group on compliance referred to in Article 37 of Regulation (EU) No 1380/2013 or the findings of the report drawn up by the Commission under Article 118(2) of this Regulation. Any such amendments shall not add any new criteria and shall repeal criteria only in exceptional cases.

1. A fishing vessel shall be presumed to be engaged in IUU fishing if it is shown that, contrary to the conservation and management measures applicable in the fishing area concerned, it has: (a) fished without a valid licence, authorisation or permit issued by the flag State or the relevant coastal State; or

(b) not fulfilled its obligations to record and report catch or catch- related data, including data to be transmitted by satellite vessel

monitoring system, or prior notices under Article 6; or (c) fished in a closed area, during a closed season, without or after attainment of a quota or beyond a closed depth; or (d) engaged in directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; or (e) used prohibited or non-compliant fishing gear; or (f) falsified or concealed its markings, identity or registration; or (g) concealed, tampered with or disposed of evidence relating to an investigation; or (h) obstructed the work of officials in the exercise of their duties in inspecting for compliance with the applicable conservation and management measures; or the work of observers in the exercise of their duties of observing compliance with the applicable Community rules; or (i) taken on board, transhipped or landed undersized fish in contravention of the legislation in force; or (j) transhipped or participated in joint fishing operations with, supported or re-supplied other fishing vessels identified as having engaged in IUU fishing under this Regulation, in particular those included in the Community IUU vessel list or in the IUU vessel list of a regional fisheries management organisation; or (k) carried out fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation and is flagged to a State not party to that organisation, or not cooperating with that organisation as established by that organisation; or (l) no nationality and is therefore a stateless vessel, in accordance with international law. 2. The activities set out in paragraph 1 shall be considered as serious infringements in accordance with Article 42 depending on the gravity of the infringement in question which shall be determined by the competent authority of the Member State, taking into account the criteria such as the damage done, its value, the extent of the infringement or its repetition.

1. Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by effective, proportionate and dissuasive administrative sanctions.
2. The Member States shall impose a maximum sanction of at least five times the value of the fishery products obtained by committing the serious infringement. In case of a repeated serious infringement within a five-year period, the Member States shall impose a maximum sanction of at least eight times the value of the fishery products obtained by committing the serious infringement. In applying these sanctions the Member States shall also take into account the value of the prejudice to the fishing resources and the marine environment concerned.
3. Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions.

The FAD management plan for CPC purse seine and baitboat fleets must include the following: (1) Description (a) FAD types: AFAD = anchored; DFAD = drifting (b) Type of beacon/buoy (c) Maximum number of FAD to be deployed per purse seine and per FAD type (d) Minimum distance between AFADs (e) Incidental by-catch reduction and utilisation policy (f) Consideration of interaction with other gear types (g) Statement or policy on ‘FAD ownership’; (2) Institutional arrangements (a) Institutional responsibilities for the FAD management plan (b) Application processes for FAD deployment approval (c) Obligations of vessel owners and masters in respect of FAD deployment and use (d) FAD replacement policy (e) Additional reporting obligations beyond this Regulation (f) Conflict resolution policy in respect of FADs (g) Details of any closed areas or periods, e.g. territorial waters, shipping lanes, proximity to artisanal fisheries, etc.; (3) FAD construction specifications and requirements (a) FAD design characteristics (a description) (b) Lighting requirements (c) Radar reflectors (d) Visible distance (e) FAD markings and identifier (f) Radio buoy markings and identifier (requirement for serial numbers) (g) Echo sounder buoy markings and identifier (requirement for serial numbers) (h) Satellite transceivers (i) Research undertaken on biodegradable FADs (j) Prevention of loss or abandonment of FADs (k) Management of FADs recovery; (4) Applicable period for the FAD management plan; (5) Means for monitoring and reviewing the implementation of the FAD management plan.

1. Targeting for, or supporting activities to target tropical tunas in association with objects that could affect fish aggregation, including FADs, shall be prohibited: (a) from 1 January to 28 February each year; and (b) in the area delineated as follows: — Northern limit — Parallel 5° North latitude, — Southern limit — Parallel 4° South latitude, — Western limit — Meridian 20° West longitude, — Eastern limit — the African coast.
2. The prohibition referred to in paragraph 1 shall include: (a) launching any floating objects, with or without buoys; (b) fishing around, under, or in association with artificial objects, including vessels; (c) fishing around, under, or in association with natural objects; (d) towing floating objects from inside to outside the area.
3. Each Member State whose vessels fish in the geographical area of the time and area closure shall: (a) take appropriate action to ensure that all vessels flying its flag, including support vessels, when engaged in fishing activities during the time and area closure referred to in paragraph 1 of this Article, have an observer on board. The observer programme shall comply with Annex IV to this Regulation, without prejudice to Article 73 of Regulation (EC) No 1224/2009; (b) submit the information collected by the observers referred to in point (a) every year by 30 June to the Commission who shall notify ICCAT by 31 July; (c) take appropriate action against fishing vessels flying its flag that do not comply with the time and area closure referred to in paragraph 1; (d) submit a report on the compliance with the time and area closure to the Commission as part of its annual report referred to in Article 71.

If the ICCAT Executive Secretary notifies the Commission of a possible violation by Union fishing vessels of Article 7(2) and Article 14(1) and (2), the Commission shall without delay inform the flag Member State concerned. That Member State shall immediately investigate the situation and, if the vessel is fishing in association with objects that could affect fish aggregation, including FADs, shall request the vessel to stop fishing and, if necessary, leave the area without delay. The flag Member State concerned shall without delay report to the Commission the results of its investigation and the corresponding measures taken. The Commission shall forward that information to the coastal State and to the ICCAT Executive Secretary.

1. It shall be prohibited to catch or harvest marine species using the following methods: (a) toxic, stupefying or corrosive substances; (b) electric current except for the electric pulse trawl, which shall only be allowed under the specific provisions of Part D of Annex V; (c) explosives; (d) pneumatic hammers or other percussive instruments; (e) towed devices for harvesting red coral or other type of corals or coral-like organisms; (f) St Andrew’s cross and similar grabs for harvesting, in particular, red coral or other type of corals and coral-like species; (g) any type of projectile, with the exception of those used to kill caged or trapped tuna and of hand-held spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk.

1. The catching, retention on board, transhipment or landing of marine mammals or marine reptiles referred to in Annexes II and IV to Directive 92/43/EEC and of species of seabirds covered by Directive 2009/147/EC shall be prohibited.
2. When caught, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released.
3. Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught accidentally, shall be permitted as far as this activity is necessary to secure assistance for the recovery of the individual animals and to allow for scientific research on incidentally killed specimens, provided that the competent national authorities concerned have been fully informed in advance as soon as possible after the catch and in accordance with applicable Union law.
4. On the basis of the best available scientific advice a Member State may, for vessels flying its flag, put in place mitigation measures or restrictions on the use of certain gear. Such measures shall minimise, and where possible eliminate, the catches of the species referred to in paragraph 1 of this Article and shall be compatible with the objectives set out in Article 2 of Regulation (EU) No 1380/2013 and be at least as stringent as technical measures applicable under Union law.
5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the target set out in point (b) of Article 4(1). The Member States shall, for control purposes, inform the other Member States concerned of provisions adopted under paragraph 4 of this Article. They shall also make publicly available appropriate information concerning such measures.