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

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.