S.L. 425.16 Art. 9Action on video recordings (in transfers at sea).

(1) Video recordings according to regulation 8 shall serve so as to determine the number of fish being transferred:

Provided that this regulation shall not apply to transfers of cages from a towing vessel to another towing vessel unless specifically ordered by the Director:

Provided further that if the Director deems that the quality and clarity of the video recordings referred in regulation 8 are not sufficient to determine the number of fish being transferred, the donor operator may conduct a voluntary transfer of as much fish as necessary so as to allow for said determination.

(2) If no voluntary transfer has been effected according to sub-regulation (1) or if the Director deems that the same voluntary transfer is not sufficient to allow for the determination of the number of fish being transferred, the Director shall order that a control transfer be made:

Provided that this sub-regulation is subject to the provisions of sub-regulation (4).

(3) Transfers according to this regulation shall always be recorded by control camera in the manner which may be ordered by the Director.

(4) A maximum of three (3) transfer attempts are allowed so as to ensure compliance with sub-regulation (1), following which the Director shall order the separation of the donor purse seine vessel, trap or aquaculture establishment from the transport cage, and may order that the transport cage concerned be sealed so as to be able to perform a subsequent controlled transfer at a time and place determined by the Director:

Provided that the subsequent control transfer according to this sub-regulation shall in all cases be conducted in the presence of an ICCAT regional observer, or fisheries protection officers or officers from competent authorities of the catching or farming flag.

(5) The sealing of the cages according to sub-regulation (4) shall be specifically recorded by video by the donor operator and copies thereof shall be provided according to regulation 8(2):

Provided that if a control transfer is ordered according to sub-regulation (2), and the cages are sealed, the video recording of a subsequent control transfer according to this regulation shall start with the unsealing operation, in such a way as to allow the identification of the seals and to verify that the seals have not been tampered with:

Provided further that a copy of the video recording of any sealing operation shall be provided by the donor operator to the ICCAT regional observer on board the purse seine vessel or the trap, and to the receiving towing vessel, so that it may be transmitted to the Director and, or to the competent authority at a subsequent control transfer, as applicable according to these regulations.

(6) The number of fish determined according to this regulation shall be used by the donor operator to complete the logbook, the ITD and the relevant sections of the eBCD.

(7) For all transfer operations where a video is required according to these regulations, a difference equal to or greater than ten per cent, between the number of BFT reported by the donor operator in the ITD and the number determined by the Director or the competent authority of the donor operator, shall require an investigation by the Director and following its findings the Director may order such measures as may be necessary and proportionate to rectify the situation.