Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

• 9.12.1.The competent authorities shall carry out administrative cross-checks on all landings between the following: (a)quantities by species indicated in the prior notice of landing, referred to in point 9.3.1 and the quantities recorded in the vessel's logbook; (b)quantities by species recorded in the vessel's logbook and the landing declaration or invoice or equivalent document referred to in point 9.8; (c)quantities by species recorded on the landing declaration and invoice or equivalent document referred to in point 9.8.

9.13.   Full inspection

• 9.13.1.The competent authorities of a Member State shall ensure that at least 15 % of the quantities of fish landed and at least 10 % of the landings of fish are subject to full inspections which shall include at least the following: (a)monitoring of the weighing of the catch from the vessel, by species. In the case of vessels pumping catch ashore the weighing of the entire discharge from the vessels selected for inspection shall be monitored. In the case of freezer trawlers, all boxes shall be counted. A representative sample of boxes/pallets shall be weighed in order to arrive at an average weight for the boxes/pallets. Sampling of boxes shall also be undertaken according to an approved methodology in order to arrive at an average net weight for the fish (without packing, ice); (b)in addition to the cross-checks referred to in point 9.12 cross-verification between the following: (i)quantities by species recorded in the weighing logbook and the quantities by species recorded in the invoice or equivalent document referred to in point 9.8, (ii)the written declarations received by the competent authorities pursuant to point 9.7.1(b)(i) and the written declarations held by the receiver of the fish pursuant to point 9.7.1(b)(ii), (iii)identity numbers of tankers that appear in the written declarations provided for in point 9.7.1(b)(i) and the weighing logbooks; (c)if the discharge is interrupted, permission shall be required before the discharge can recommence; (d)verification that the vessel is empty of all fish, once the discharge has been completed.

• 9.13.2.All inspection activities covered by point 9 shall be documented. Such documentation shall be kept for 3 years.

10. Fishing for herring in area IIa (EC waters)

It shall be prohibited to land or retain on board herring caught in Division IIa (EC waters) in the periods 1 January to 28 February and 16 May to 31 December.

11. Conditions for landing of herring for industrial purposes

Conditions for landing of herring for industrial purposesBy way of derogation from the provisions of Article 2(1) of Regulation (EC) No 1434/98 the following provisions shall apply:

Herring caught when fishing outside ICES Sub-areas III and IV with nets of minimum mesh size less than 32 mm may not be retained on board or landed unless such catches consist of a mixture of herring and other species, are not sorted and the herring does not exceed 10 % by weight of the total combined weight of herring and other species.

12. Restrictions on fishing for Cod

• (a)West of Scotland: Until 31 December 2005, it shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rumb lines the following positions: 59°05′N, 06°45′W 59°30′N, 06°00′W 59°40′N, 05°00′W 60°00′N, 04°00′W 59°30′N, 04°00′W 59°05′N, 06°45′W.

• (b)Celtic Sea: Until 31 March 2005, it shall be prohibited to conduct any fishing activity within that part of ICES Division VII included in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply to Beam trawlers in the month of March.

• (c)By way of derogation from (a) and from (b), it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that: (i)no fishing gear other than pots and creels are carried on board, and (ii)no fish other than shellfish and crustacea are retained on board;

• (d)By way of derogation from point (a) and from point (b), it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that: (i)no net of mesh size greater than or equal to 55 mm is carried on board, and (ii)no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.

13. Closure of an area for sandeel fisheries

It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions:

• —the east coast of England at latitude 55°30′N,

• —latitude 55°30′N, longitude 1°00′W,

• —latitude 58°00′N, longitude 1°00′W,

• —latitude 58°00′N, longitude 2°00′W,

• —the east coast of Scotland at longitude 2°00′W.

However, a limited fishery shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

14. Rockall Haddock box

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions:

Point No	Latitude	Longitude
1	57°00′N	15°00′W
2	57°00′N	14°00′W
3	56°30′N	14°00′W
4	56°30′N	15°00′W

15. Technical conservation measures in the Irish Sea

The technical conservation measures referred to in Articles 2, 3 and 4 of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa) ([^E0518]) shall temporarily apply in 2005.

PART D

ICES SUB-AREAS VIII, IX AND X

16. Trawling ban in waters around the Azores, the Canary Islands and Madeira

Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in waters under the sovereignty or the jurisdiction of Member States within the areas bounded by a line joining the following coordinates:

• (a) Azores Latitude 36°00′N, longitude 23°00′W Latitude 42°00′N, longitude 23°00′W Latitude 42°00′N, longitude 34°00′W Latitude 36°00′N, longitude 34°00′W Latitude 36°00′N, longitude 23°00′W

• (b) Canary Islands and Madeira Latitude 27°00′N, longitude 19°00′W Latitude 26°00′N, longitude 15°00′W Latitude 29°00′N, longitude 13°00′W Latitude 36°00′N, longitude 13°00′W Latitude 36°00′N, longitude 19°00′W Latitude 27°00′N, longitude 19°00′W

PART E

MEDITERRANEAN

17. Technical conservation measures in the Mediterranean

The fisheries currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Regulation (EC) No 1626/94, may temporarily continue their activity in 2005.

PART F

EASTERN PACIFIC OCEAN

18. Purse seines in the Eastern Pacific Ocean (Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC))

The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares), Bigeye Tuna (Thunnus obesus) and Skipjack Tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 11 September 2005, or, 20 November to 31 December 2005 in the area defined by the following limits:

• —the Pacific coastlines of the Americas,

• —longitude 150° W,

• —latitude 40° N,

• —latitude 40° S.

The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2005. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected.

As of the date of entry into force of this Regulation purse seiners fishing for tuna in the Regulatory Area of the Inter-American Tropical Tuna Commission shall retain on board and then land all bigeye, skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, billfishes, rays, dorado, and other non-target species. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals.

The following specific measures to encircled or entangled sea turtles shall apply:

• (a)whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat,

• (b)if a turtle is entangled in the net, net roll should stop as soon as the turtle comes out of the water and should not start again until the turtle has been disentangled and released,

• (c)if a turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle should be made before returning it to the water,

• (d)tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea,

• (e)the release, when practicable, of sea turtles entangled in Fish Aggregating Devices (FADs) and other fishing gear is encouraged,

• (f)the recovery of Fish Aggregating Devices (FADs) which are not being used in the fishery is also encouraged.

PART G

EASTERN ATLANTIC AND MEDITERRANEAN SEAS

19. Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea

By way of derogation from the provisions laid down in Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size for bluefin tuna in the Mediterranean Sea shall be 10 kg or 80 cm.

By way of derogation from the provisions laid down in Article 7(1) of Regulation (EC) No 973/2001, no tolerance limit shall be granted for bluefin tuna fished in the East Atlantic and in the Mediterranean Sea.

20. Minimum size for bigeye tuna

By way of derogation from the provisions of Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size of bigeye tuna is abolished.

21. Restrictions on the use of certain types of vessels and gears

• 1.In order to protect the bigeye stock, in particular juvenile fish, fishing by purse seiners and baitboats shall be prohibited during the period and in the area specified in point (a) and (b) below; (a)The area is the following: Southern limit : parallel 0° South latitude Northern limit : parallel 5° North latitude Western limit : meridian 20° West longitude Eastern limit : meridian 10° West longitude (b)The period covered by the prohibition shall be from 1 November to 30 November of each year.

• 2.By way of derogation from the provisions of Article 3 of Regulation (EC) No 973/2001, Community fishing vessels shall be authorised to fish without restriction on the use of certain types of vessels and gears in the area referred to in Article 3(2) and during the period specified in Article 3(1).

22. Measures concerning sport and recreational fishing activities in the Mediterranean Sea

• 1.Each Member State shall take the necessary measures to forbid the use, within the framework of sport and recreational fishing of towed nets, encircling nets, seine sliding, dredger, gillnets, trammel nets and longline to fish for tuna and tuna-like species, notably bluefin tuna, in the Mediterranean Sea.

• 2.Each Member State shall ensure that catches of tuna and tuna-like species carried out in the Mediterranean Sea as a result from sport and recreational fishing are not marketed.

23. Sampling plan for bluefin Tuna

By way of derogation from the provisions laid down in Article 5a of Regulation (EC) No 973/2001, each Member State shall establish a sampling programme for the estimation of the numbers-at-size of the bluefin tuna caught; this requires notably that size sampling at cages must be done on one sample (= 100 specimen) for every 100 tonnes of live fish. Size sample will be collected during harvesting ([^E0519]) at the farm, in accordance with the ICCAT methodology for reporting Task II. The sampling should be conducted during any harvesting, covering all cages. Data must be transmitted to ICCAT by 31 July for the sampling conducted the previous year.

24. Interim measures for the protection of vulnerable deep-water habitats

It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

The Hecate Seamounts:

• —52°21.2866′N, 31°09.2688′W

• —52°20.8167′N, 30°51.5258′W

• —52°12.0777′N, 30°54.3824′W

• —52°12.4144′N, 31°14.8168′W

• —52°21.2866′N, 31°09.2688′W

The Faraday Seamounts:

• —50°01.7968′N, 29°37.8077′W

• —49°59.1490′N, 29°29.4580′W

• —49°52.6429′N, 29°30.2820′W

• —49°44.3831′N, 29°02.8711′W

• —49°44.4186′N, 28°52.4340′W

• —49°36.4557′N, 28°39.4703′W

• —49°29.9701′N, 28°45.0183′W

• —49°49.4197′N, 29°42.0923′W

• —50°01.7968′N, 29°37.8077′W

Part of the Reykjanes Ridge:

• —55°04.5327′N, 36°49.0135′W

• —55°05.4804′N, 35°58.9784′W

• —54°58.9914′N, 34°41.3634′W

• —54°41.1841′N, 34°00.0514′W

• —54°00.0′N, 34°00.0′W

• —53°54.6406′N, 34°49.9842′W

• —53°58.9668′N, 36°39.1260′W

• —55°04.5327′N, 36°49.0135′W

The Altair Seamounts:

• —44°50.4953′N, 34°26.9128′W

• —44°47.2611′N, 33°48.5158′W

• —44°31.2006′N, 33°50.1636′W

• —44°38.0481′N, 34°11.9715′W

• —44°38.9470′N, 34°27.6819′W

• —44°50.4953′N, 34°26.9128′W

The Antialtair Seamounts:

• —43°43.1307′N, 22°44.1174′W

• —43°39.5557′N, 22°19.2335′W

• —43°31.2802′N, 22°08.7964′W

• —43°27.7335′N, 22°14.6192′W

• —43°30.9616′N, 22°32.0325′W

• —43°40.6286′N, 22°47.0288′W

• —43°43.1307′N, 22°44.1174′W

PART H

DEEP-SEA SPECIES

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2005:

Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit.

PART I

NORTH-EAST ATLANTIC

Vessels engaged in illegal, unreported and unregulated fisheries

Vessels that have been placed by the North-East Atlantic Fisheries Commission (NEAFC) on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels) are listed in Appendix 5. The following measures shall apply to these vessels:

• (a)IUU vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and any other matter relating to the vessel's activities in the Regulatory Area of NEAFC. Information on the result of the inspections shall immediately be transmitted to the Commission;

• (b)fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State shall not in any way assist IUU vessels or participate in any transhipment or joint fishing operations with vessels on that list;

• (c)IUU vessels shall not be supplied in ports with provisions, fuel or other services;

• (d)IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

• (e)imports of fish coming from IUU vessels shall be prohibited;

• (f)Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels.

The Commission shall amend the list to be in accordance with the NEAFC list as soon as NEAFC adopts a new list.

PART J

CECAF

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region shall be 450g (gutted). Octopus under the minimum size of 450g (gutted) shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

Appendix 1 to Annex III

Specifications of top window codend ‘BACOMA’

Specification of 110 mm, measured as inner diameter opening, square mesh window in a codend with a 105 mm or larger mesh size in trawls, Danish seines or similar towed nets.

The window shall be a rectangular section of netting in the codend. There shall be only one window. The window shall not be obstructed in any way by either internal or external attachments.

Size of the codend, extension piece and the rear end of the trawl

The codend shall be constructed of two panels of equal size, joined together by selvedges one on each side.

The carrying on board of a net having more than 100 open diamond meshes in any circumference of the codend, excluding the joining or the selvedges shall be prohibited.

The number of open diamond meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece shall not be less or more than the maximum number of meshes on the circumference of the front end of the codend stricto sensu and the rear end of the tapered section of the trawl excluding meshes in the selvedges (Figure 1).

Location of the window

The window shall be inserted into the top panel of the codend. The window shall terminate not more than 4 meshes from the codline, inclusive of the hand braided row of meshes through which the codline is passed (Figure 2).

Size of the window

The width of the window, expressed in number of mesh bars, shall be equal to the number of open diamond meshes in the top panel divided by two. If necessary, it may be allowed to maintain at the most 20 % of the number of open diamond meshes in the top panel divided evenly on the both sides of the window panel (Figure 3).

Length of the window shall be at least 3,5 metres.

The netting of the window

The meshes shall have a minimum mesh opening of 110 millimetres. The meshes shall be square meshes i.e. all four sides of the window netting shall be cut all bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend. The netting shall be knotless braided single twine or a netting with similar proven selective properties. The diameter of the single yarn shall be at least 4,9 millimetres.

Other specification

The mounting specifications are defined in Figures 4a, 4b and 4c. The length of the lifting strap shall not be less than 4 m.

Figure 1

Image omitted; see official source

Trawl gear can be divided into three different sections according to shape and function.

The trawl body is always a tapered section often between 10 and 40 m long. The extension piece is an untapered section normally manufactured of either one or two pieces of 49,5 mesh long nets giving a stretched length between 6 or 12 m. The codend is also an untapered section often made of double twine in order to have a better resistance against heavy wearing. The codend length is often 49,5 meshes i.e. circa 6 metres although shorter codends (2-4) exists in smaller vessels. The part below the lifting strap is called a lifting bag.

Figure 2

Image omitted; see official source

The distance of the window panel from the codline shall be 4 meshes. There are 3,5 diamond meshes in the upper panel and one 0,5 mesh deep hand-braided ‘codline’ row.

Figure 3

Image omitted; see official source

Twenty percent of diamond meshes in the upper panel along a perpendicular row running from one selvedge to another may be maintained. For example (as in figure 3) if the upper panel were 30 open meshes wide, 20 % of that would be 6 meshes. Then three open meshes are divided on both sides of the window panel. Consequently the width of the window panel then becomes 12 mesh bars (30 – 6 = 24 diamond meshes divided by two is 12 mesh bars).

Figure 4a

Lower panel

Image omitted; see official source

Showing the construction of lower panel made of 49,5 meshes deep netting

Figure 4b

Upper panel

(without diamond meshes between selvedge and square mesh panel)

Image omitted; see official source

The construction of upper panel, size and position of the window panel in case when the escape panel runs from selvedge to selvedge

Figure 4c

Upper panel

(with diamond meshes between selvedge and square mesh panel)

Image omitted; see official source

The construction of upper panel in case 20 % of diamond meshes in the upper panel are maintained and equally divided on both sides of the window

Appendix 2 to Annex III

Special Conditions for fishing for Cod in the Baltic Sea

• 1.Only vessels holding a special fishing permit are authorised to land cod from the Baltic Sea.

• 2.The competent authorities of a Member State in which a landing requiring pre-notification is to be made may require that the discharge of catch retained on board does not commence until authorised by those authorities.

• 3.The master of a fishing vessel, or his representative, to which a Member State has issued a special permit for fishing for cod in the Baltic Sea shall comply with the following conditions: (i)a copy of the special permit for fishing for cod in the Baltic Sea shall be kept on board the fishing vessel; (ii)before leaving or entering the Baltic Sea area, notify the authorities of the flag Member State of the date, time and place of exit or entry, and not commence any new fishing trip until all catches have been landed; (iii)not trans-ship any fish at sea; (iv)not transit within the areas closed for cod fishing unless the fishing gear on board is securely lashed and stowed; (v)when retaining more than 300 kg of cod on board, inform the relevant authorities at least two hours in advance of any entry to a port or landing location of a Member State of the name of the port or landing location, the estimated time of arrival at that port or landing location, and the quantities in kilogrammes live weight of cod; (vi)make landings of cod exclusively at designated ports when retaining more than 750 kg of cod live weight on board; (vii)notwithstanding Article 8 of Regulation (EEC) No 2847/93, submit the relevant logbook sheet(s) to the national authorities prior to the commencement of the discharge of the catches retained on board.

Appendix 3 to Annex III

Towed Gears: Skagerrak and Kattegat

Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range

Species	Mesh size range (millimetres)	Mesh size range (millimetres)	Mesh size range (millimetres)	Mesh size range (millimetres)	Mesh size range (millimetres)	Mesh size range (millimetres)	Mesh size range (millimetres)	Mesh size range (millimetres)
Species	< 16	16-31	16-31	32-69	32-69	35-69	70-89 [^E0524]	≥ 90
Species	Minimum percentage of target species	Minimum percentage of target species	Minimum percentage of target species	Minimum percentage of target species	Minimum percentage of target species	Minimum percentage of target species	Minimum percentage of target species	Minimum percentage of target species
Species	50 % [^E0525]	50 % [^E0525]	20 % [^E0525]	50 % [^E0525]	20 % [^E0525]	20 % [^E0526]	30 % [^E0527]	none
Sandeel (Ammodytidae) [^E0522]	x	x	x	x	x	x	x	x
Sandeel (Ammodytidae) [^E0523]		x		x	x	x	x	x
Norway pout (Trisopterus esmarkii)		x		x	x	x	x	x
Blue whiting (Micromesistius poutassou)		x		x	x	x	x	x
Greater weever (Trachinus draco) [^E0520]		x		x	x	x	x	x
Molluscs (except Sepia) [^E0520]		x		x	x	x	x	x
Garfish (Belone belone) [^E0520]		x		x	x	x	x	x
Gray gurnard (Eutrigla gurnardus) [^E0520]		x		x	x	x	x	x
Argentine (Argentina spp.)				x	x	x	x	x
Sprat (Sprattus sprattus)		x		x	x	x	x	x
Eel (Anguilla, anguilla)			x	x	x	x	x	x
Common shrimp/Baltic shrimp (Crangon spp., Palaemon adspersus) [^E0521]			x	x	x	x	x	x
Mackerel (Scomber spp.)				x			x	x
Horse mackerel (Trachurus spp.)				x			x	x
Herring (Clupea harengus)				x			x	x
Northern shrimp (Pandalus borealis)						x	x	x
Common shrimp/Baltic shrimp (Crangon spp. Palaemon adspersus) [^E0520]					x		x	x
Whiting (Merlangius merlangus)							x	x
Norway lobster (Nephrops norvegicus)							x	x
All other marine organisms								x

[^E0520]: (¹)Only within four miles from the baselines.

[^E0521]: (²)Outside four miles from the baselines.

[^E0522]: (³)From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.

[^E0523]: (⁴)From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.

[^E0524]: (⁵)When applying this mesh size range the codend and the extension piece shall be constructed of square meshed netting with a sorting grid.

[^E0525]: (⁶)The catch retained on board shall consist of no more than 10 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

[^E0526]: (⁷)The catch retained on board shall consist of no more than 50 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

[^E0527]: (⁸)The catch retained on board shall consist of no more than 60 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.

Appendix 4 to Annex III

Shrimp trawl toggle chains: NAFO area

Toggle chains are chains, ropes, or a combination of both, which attach the footrope to the fishing line or bolchline at varying intervals. The terms ‘fishing line’ and ‘bolchline’ are interchangeable. Some vessels use one line only; others use both a fishing line and a bolchline as shown in the sketch. The toggle chain length shall be measured from the center of the chain or wire running through the footrope (center of footrope) to the underside of the fishing line.

The attached sketch shows how to measure the toggle chain length.

Image omitted; see official source

Appendix 5 to Annex III

List of vessels that have been confirmed by NEAFC as having engaged in illegal, unreported and unregulated fisheries

Vessel’s name	Flag State
FONTENOVA	Panama
IANNIS	Panama
LANNIS I	Panama
LISA	Commonwealth of Dominica
KERGUELEN	Togo
OKHOTINO	Commonwealth of Dominica
OLCHAN	Commonwealth of Dominica
OSTROE	Commonwealth of Dominica
OSTROVETS	Commonwealth of Dominica
OYRA	Commonwealth of Dominica
OZHERELYE	Commonwealth of Dominica

ANNEX IVa

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS

General provisions

• 1. The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

• 1. For the purposes of this Annex, the following geographical area shall apply:

Kattegat (ICES Division IIIa south),

Skagerrak and North Sea, (ICES Divisions IVa,b,c, IIIa north and IIa EC),

West of Scotland (ICES Division VIa),

Eastern Channel (ICES Divisions VIId),

Irish Sea (ICES Division VIIa).

For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition for the area West of Scotland shall apply:

ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates:

60°00′N, 04°00′W

59°45′N, 05°00′W

59°30′N, 06°00′W

59°00′N, 07°00′W

58°30′N, 08°00′W

58°00′N, 08°00′W

58°00′N, 08°30′W

56°00′N, 08°30′W

56°00′N, 09°00′W

55°00′N, 09°00′W

55°00′N, 10°00′W

54°30′N, 10°00′W.

• 1. For the purposes of this Annex, a day present within the area and absent from port shall be:

• (a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or

• (b)any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period.

A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

• 1. For the purpose of this Annex, the following groupings of fishing gears shall apply:

• (a)demersal trawls, seines or similar towed gears of mesh size equal to or greater than 100 mm except beam trawls for all areas except Kattegat and Skagerrak where this mesh size shall be equal to or greater than 90mm;

• (b)beam trawls of mesh size equal to or greater than 80 mm;

• (c)static demersal nets including gill nets, trammel nets and tangle nets;

• (d)demersal longlines;

• (e)demersal trawls, seines or similar towed gears of mesh size between 70 mm and 99 mm except beam trawls with mesh size between 80 mm and 99 mm for all areas except Kattegat and Skagerrak where this mesh size shall be between 70 mm and 89 mm;

• (f)demersal trawls, seines or similar towed gears of mesh size between 16 mm and 31 mm except beam trawls.

Fishing effort

• 1. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days set out in point 6.

• 1. • (a)The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. A day spent absent from port and present within the area defined in point 2 of this Annex shall also count against the total number of days allowable for the area defined in point 2 of Annex IVc for a vessel operating with the same gear categories. Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day.

Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point 2: Grouping of fishing gears referred to in point: 4a 4b 4c 4d 4e 4f Kattegat, North Sea and Skagerrak, Eastern Channel, West of Scotland and Irish Sea 9 13 13 16 21 19 However the maximum number of days in any calendar month for which a vessel may be present within any of the following sub-areas and absent from port having carried on board the fishing gear referred to in point 4(a) shall be: (i)West of Scotland: 8; (ii)Irish Sea: 10.

• (b)A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months.

• (c)An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since1 January 2002 in accordance with Article 7 of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector ([^E0544]). The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2001. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002. The additional number of days allocated by the Commission to a Member State in 2004 in accordance with point 6(c) of Annex V of Regulation (EC) No 2287/2003 remain allocated in 2005.

• (d)Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply that higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted.

Table II — Derogations from days present within the area and absent from port in Table I and associated conditions Area Gear defined in point 4 2002 vessel track record [^E0545] Days Area defined in point 2 4(a), 4(e) Less than 5 % of each of cod, sole and plaice No days restriction [^E0546] Area defined in point 2 4(a), 4(b) Less than 5 % cod 100 to < 120 mm up to 13 ≥ 120 mm up to 14 Kattegatt and North Sea 4(c) gear of mesh size equal to or greater than 220 mm Less than 5 % cod and more than 5 % of turbot and lumpfish Up to 15 days Kattegatt and Skagerrak 4(a) gear with 120 mm square mesh window [^E0547] n/a 12 days Eastern Channel 4(c) trammel nets of mesh size equal to or less than 110 mm Vessels absent from port for no more than 24 hours 19 days (¹)As verified by the EC logbook — average annual landing in live weight. (²)The vessel may be present within the area for the number of days in the month concerned. (³)Vessels subject to this derogation shall comply with the conditions laid down in Appendix 1 to this Annex. If that higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II nor shall they tranship any fish at sea  to another vessel. When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

• (e)One additional day on which a vessel may be present within the area and absent from port when carrying on board fishing gears referred to in point 4(a) of mesh size greater than 120 mm may be allocated to a Member State by the Commission, on the basis of a request from that Member State, on the condition that the Member State concerned has developed a system of automatic suspensions of fishing licences in respect of infringements. During a management period when a vessel is making use of this provision, that vessel may not at any time carry on board any fishing gear of mesh size less than or equal to 120 mm.

• (f)In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional one day will be granted for vessels in groupings of fishing gears 4(a) and 4(b) which spend more than half their allocated days in a given management period fishing in the Irish Sea.

• 1. Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the areas defined in point 2 with any of the gears referred to in point 4.

Where the master of a vessel or his representative notifies the use of two of the groupings of fishing gears defined under point 4, the total number of days available during the forthcoming management period shall be no more than half the sum of the days to which the vessel is eligible for each gear, rounded down to the nearest whole day. It shall not be permitted to deploy either of the gears concerned for more days than the number of days laid down for that gear in Table I or in the third subparagraph of point 6(a) for the sub-area concerned.

The option to use two gears shall only be available if the following additional monitoring arrangements are met:

• —during a given trip the fishing vessel may carry on board only one of the fishing gears referred to in point 4;

• —before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board unless the type of fishing gear has not changed from the one notified for the previous trip. —Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found to be not complying with these requirements shall with immediate effect no longer be permitted to use two groupings of fishing gears. —A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4 (regulated gears) with any other fishing gears not referred to in point 4 (unregulated gears) shall not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given no gear referred to in point 4 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.

• 1. A vessel which is present within any of the areas defined in point 2 and carrying on board any one of the fishing gears referred to in point 4 may not simultaneously carry on board any of the other gears referred to in point 4.

• 1. • (a)In any given management period a vessel that has used the number of days present within the area and absent from port for which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period unless using only unregulated gear as described in point 7.

• (b)In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.

• 1. • (a)A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port for which it is eligible to another of its vessels for the same management period and within the same area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

• (b)The total number of days present within the area and absent from port transferred under point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in that area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the alternative area definition of the West of Scotland as defined in point 2 its track record calculation will be based on this alternative area definition.

• (c)The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6(a) and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has temporarily ceased its activity without public aid.

• (d)No transfer of days from vessels benefiting from the allocation referred to in points 6(d) and 7 is permitted.

• (e)On request from the Commission, Member States shall provide reports on the transfers that have taken place.

• 1. A vessel with no track record of fishing in one of the areas defined in point 2 shall be allowed to transit across these areas provided that it has first notified its authorities of its intention to do so. While that vessel is within any of the areas defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

• 1. A Member State shall not permit fishing with a gear defined in point 4 in any area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2001, 2002, 2003 or 2004 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area in question.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

• 1. A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been absent from port but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been absent from port but unable to fish because it is transporting an injured crew member for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

Reporting obligations

• 1. Member States, on the basis of information used for the management of fishing days absent from port and present within the areas as set out in this Annex, shall communicate, for each calendar year within one month of the expiry of that calendar year, to the Commission the information about effort deployed by vessels using different types of gear in the areas concerned by this Annex as laid out in Table IV.

• 1. Member States shall communicate the data referred in point 14 to the Commission in Spread Sheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission.

Table IV — Reporting format

Country	CFR	External marking	Area fished	Length of management period	Gear type/types notified	Days eligible using this gear/gears	Days spent with gear type 1	Days spent with gear type 2	Transfers of days
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)

Table V — Data format

Name of zone	Max. number of characters/digits	Definition and comments
(1) Country	3	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Regulation (EC) No 2371/2002. Always the reporting country.
(2) CFR	12	(Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.
(3) External marking	14	Under Commission Regulation (EEC) No 1381/87
(4) Area	1	Indicate if the vessel has been fishing in the Area referred to in point 2 of this Annex
(5) Length of management period	2	Indication from 1-11 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated.
(6) Gear type/types notified	2	Indication from 4(a) through to 4(f) of the gear types notified in accordance with point 4 of this Annex.
(7) Days eligible using this gear/gears	3	Number of days for which this vessel is eligible under this Annex for the choice of gears and length of management period notified.
(8) Days spent with gear type 1	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 1.
(9) Days spent with gear type 2	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex using gear type 2, if applicable.
(10) Transfers of days	3	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

Appendix 1 to Annex IVa

• 1.Any vessel using this gear type shall hold a special fishing permit in accordance with Article 7 of Regulation (EC) No 1627/94.

• 2.A copy of the special permits referred to in point 1 shall be kept on board the fishing vessel.

• 3.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an exit window as specified point 4. The gear shall be approved by the national inspectors before commencing fishing.

• 1. (a)The window shall be inserted in the untapered section with a minimum of 80 open meshes in the circumference.  The window shall be inserted into the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than 6 metres from the cod-line. The joining rate shall be two diamond meshes to one square mesh. (b) The window shall be at least three metres in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut all bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the cod-end. (c)The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

ANNEX IVb

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NEPHROPS STOCK

General provisions

• 1. The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

• 1. For the purposes of this Annex, the following geographical area shall apply:

Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa) with the exception of Gulf of Cadiz.

• 1. For the purposes of this Annex, a day present within the area and absent from port shall be:

• (a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or

• (b)any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period.

A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

• 1. For the purpose of this Annex, the following groupings of fishing gears shall apply:

• (a)Bottom trawl of mesh size > 55 mm;

• (b)Bottom long-lines;

• (c)Gill-nets of mesh size > 60 mm;

• (d)Gill-nets of mesh size equal to or greater than 80 mm;

• (e)Trawl of mesh size between 31 mm and 54 mm.

Fishing effort

• 1. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days specified in point 6.

• 1. • (a)The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.

Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point: Grouping of fishing gears referred to in point: 4a 4b 4c 4d 4e 4f 2 Iberian Peninsula, Atlantic coast (ICES Divisions VIIIc and IXa) 22 22 22 22 22 22

• (b)A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months.

• (c)An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 in accordance with Article 7 of Council Regulation (EC) No 2792/1999. Any vessels that can be shown to have been definitively withdrawn from the area specified in point 2 may also be considered. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002.

• (d)Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply this higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted.

Table II — Derogations from days present within the area and absent from port in Table I and associated conditions Area Defined in point 2 Gear defined in point 4 2001, 2002 and 2003 vessel track record [^E0551] Days 2 4(a) to 4(f) Less than 5 tonnes of hake in all years no days restriction [^E0552] (¹)As verified by the EC logbook — average annual landing in live weight. (²)The vessel may be present within the area for the number of days in the month concerned. If this higher allocation of days is given to a vessel, as a result of its low hake track record, that vessel's landing shall not in 2005 exceed 5 tonnes live weight of hake nor shall they tranship any fish at sea to another vessels. When either of these conditions are not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.

• 1. Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel will not be entitled to fish within the area defined in point 2 with any of the gears referred to in point 4.

A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4 (regulated gears) with any other fishing gears not referred to in point 4 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given no gear referred to in point 4 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.

• 1. • (a)In any given management period a vessel that has used the number of days present within the area and absent from port for which it is eligible shall remain in port or out of the area referred to in point 2 for the remainder of the management period unless using unregulated gear as described in point 7.

• (b)In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

• 1. • (a)A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port for which it is eligible to another of its vessels for the same management period and within the area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

• (b)The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel.

• (c)The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping referred to in point 6(a) and during the same management period.

• (d)No transfer of days from vessels benefiting from the allocation referred to in points 6(d) is permitted.

• (e)On request from the Commission, Member States shall provide reports on the transfers that have taken place.

• 1. A vessel with no track record of fishing in the area defined in point 2 is allowed to transit across the area provided that it has no fishing permit to operate in the area or that it has first notified its authorities of its intention to do so. While that vessel is within the area defined in point 2 any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93.

• 1. A Member State shall not permit fishing with a gear defined in point 4 in the area defined in point 2 by any of its vessels which have no record of such fishing activity in the years 2002, 2003 or 2004 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

• 1. A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been absent from port but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been absent from port but unable to fish because it is transporting an injured crew member for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

Monitoring, inspection and surveillance

• 1. Notwithstanding Article 19a of Regulation (EEC) No 2847/93, Articles 19b, 19c, 19d, 19e and 19k of that Regulation shall apply to vessels carrying on board the fishing gears defined in point 4 and operating in the area defined in point 2. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 or those operating under the definition of a day as defined in point 3(a) shall be excluded from these hailing requirements.

• 1. Member States may implement alternative control measures to ensure compliance with the obligations referred in point 13 of this Annex which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

• 1. The master of a Community fishing vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third country the information referred to in Article 19b of Regulation (EEC) No 2847/93.

• 1. By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 14 shall be 8 % of the logbook figure. In the event that no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.

• 1. The competent authorities of a Member State shall ensure that any quantity of Southern hake exceeding 300 kg and/or 150 kg of Norway lobster caught in the area referred in point 2 shall be weighed using auction room scales before sale.

• 1. When quantities of hake greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of Southern hake or Norway lobster mixed with any other species of marine organism. The masters of Community fishing vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of Southern hake and Norway lobster retained on board to be cross-checked.

• 1. The competent authorities of a Member State may require that any quantity of Southern hake exceeding 300 kg or Norway lobster exceeding 150 kg caught in the area specified in point 2 and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing.

• 1. By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species in fisheries referred to in Article 12 of this Regulation which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

• 1. By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for Southern hake or Norway lobster in fisheries referred to in this Annex may last more than two years from its date of entry into force.

Reporting obligations

• 1. Member States, on the basis of information used for the management of fishing days absent from port and present within the area as set out in this Annex, shall communicate, for each calendar year within one month of the expiry of that calendar year, to the Commission the information about effort deployed by vessels using different types of gear in the area concerned by this Annex as laid out in Table IV.

• 1. Member States shall communicate the data referred in point 22 to the Commission in spreadsheet format by sending it to the appropriate mailbox address which shall be communicated to the Member States by the Commission.

Table IV — Reporting format

Country	CFR	External marking	Area fished	Length of management period	Gear type/types notified	Days eligible using this gear	Days spent with this gear type	Transfers of days
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)

Table V — Data format

Name of zone	Max. number of characters/digits	Definition and comments
(1) Country	3	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. Always the reporting country.
(2) CFR	12	(Community Fleet Register Number). Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.
(3) External marking	14	Under Commission Regulation (EEC) No 1381/87
(4) Area	1	Indicate if the vessel has been fishing in Area 2(a) or 2(b) of this Annex
(5) Length of management period	2	Indication from 1-12 of the length of each management period allocated to the vessel concerned. Separate management periods in which the same gear grouping or combination of gear groupings have been notified, in accordance with point 7 of this Annex, may be aggregated.
(6) Gear type/types notified	2	Indication from 4(a) through to 4(g) of the gear types notified in accordance with point 4 of this Annex.
(7) Days eligible using this gear	3	Number of days for which the vessel is eligible under this Annex for the choice of gears and length of management period notified.
(8) Days spent with this gear type	3	Number of days for which the vessel actually spent absent from port and present within the area according to this Annex.
(9) Transfers of days	3	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

ANNEX IVc

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS

General provisions

• 1. The conditions laid down in this Annex shall apply to Community fishing vessels of length overall equal to or greater than 10 metres.

• 1. For the purposes of this Annex, the following geographical area shall apply:

Western Channel (ICES Division VIIe).

• 1. For the purposes of this Annex, a day present within the area and absent from port shall be:

• (a)the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period during which a vessel is present within the area defined in point 2 and absent from port, or

• (b)any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within the area defined in point 2 and absent from port or any part of any such time period.

A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under point (b) shall notify the Commission before 1 February 2005 of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in point (b).

• 1. For the purpose of this Annex, the following groupings of fishing gears shall apply:

• (a)beam trawls of mesh size equal to or greater than 80 mm;

• (b)static demersal nets including gill nets, trammel nets and tangle nets.

Fishing effort

• 1. Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within the area and absent from port for no more than the number of days set out in point 6.

• 1. • (a)The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gears referred to in point 4 is shown in Table I. Where a vessel crosses between two areas on a fishing trip the day shall be counted against the area in which the largest proportion of time was spent during that day. The number of days in which a vessel is present within the global area constituted by the areas defined in point 2 of this Annex and in point 2 of Annex IVa shall not exceed the number shown in Table I of this Annex. However the number of days in which the vessel is present in the areas defined in point 2 of Annex IVa shall comply with the maximum number fixed in accordance with Annex IVa.

Table I — Maximum days present within the area and absent from port by fishing gear Area defined in point 2: Grouping of fishing gears referred to in point: 4a 4b

20 20

• (b)A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months.

• (c)An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gears referred to in point 4 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 in accordance with Article 7 of Regulation (EC) No 2792/1999. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question. On the basis of such a request the Commission may amend the number of days defined in point (a) for that Member State in accordance with the procedure laid down in Article 30 of Regulation (EC) No 2371/2002.

• 1. Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 2 with any of the gears referred to in point 4.

• 1. • (a)In any given management period a vessel that has used the number of days present within the area and absent from port for which it is eligible shall remain in port or out of the area referred to in point 2 for the remainder of the management period unless using a different grouping of fishing gear (unregulated gear) than the ones described in point 4.

• (b)In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.