S.L. 425.16 Art. 11Bluefin tuna caging.

(1) All cagings of BFT in aquaculture establishments shall be subject to a specific authorisation by the Director, issued on the request of the aquaculture establishment operator, in accordance with this regulation:

Provided that the Director shall not authorise any such caging if any investigation is ongoing according to these regulations, or if any requirement of these regulations or of any applicable RFMO is not satisfied.

(2) Any authorisation according to sub-regulation (1) requires a written request by the establishment operator which:

(a) specifies the number and weight of the BFT to be caged:

Provided that said number and weight shall coincide with that in the relevant ITD;

(b) specifies the relevant eBCD reference of the BFT to be caged, as confirmed and validated by the Director or the competent authority of the catching vessel or trap; and

(c) is accompanied by the relevant ITD:

Provided that the Director may require such information or documentation as he may deem necessary to authorise any required caging:

Provided further that the Director may refuse any request for authorisation if it fails to fully and correctly provide any information and, or document required under this sub-regulation.

(3) The Director may refuse an authorisation according to this regulation if the competent authorities of the catching vessel or trap do not provide him their own authorisation to the caging.

(4) No caging operation may take place in the absence of an ICCAT regional observer.

(5) All BFT shall be caged before the 22nd August of each year:

Provided that for valid reasons, including force majeure, determined according to applicable international law and Maltese law, the Director may grant caging authorisations for the period between the 22nd August and the 7th September, both dates included.

(6) Aquaculture establishment operators shall submit to the Director a caging declaration for each caging operation, by such date and time and according to such forms as the Director may prescribe.

(7) Transfer of BFT from one cage to another in the same aquaculture establishment shall require a specific authorisation by the Director and, if so authorised, the presence of fisheries protection officers prior to and during the transfer taking place:

Provided that such transfer shall be monitored by stereoscopical and, or conventional video cameras as the Director may instruct:

Provided further that any transfer according to this sub-regulation shall be recorded in the eBCD system.

(8) The Director may order any operator to release any amount of live BFT from cages involved in the transfer operation to the aquaculture establishment, so as to resolve any discrepancy in the amount of BFT involved and, or so as to comply with any provision of these regulations or obligations referred under regulation 3(3).