Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 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

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2006, for certain fish stocks and groups of fish stocks, and the associated conditions under which such fishing opportunities may be used.

In addition, it fixes certain effort limits and associated conditions for January 2007, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.

Article 2

Scope

If not otherwise provided for, this Regulation shall apply to:

(a) Community fishing vessels (‘Community vessels’); and

(b) fishing vessels flying the flag of, and registered in, third countries (‘third - country fishing vessels’) in Community waters (‘EC waters’).

Article 3

Definitions

For the purposes of this Regulation, in addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, the following definitions shall apply:

(a) ‘total allowable catches’ means the quantity that can be taken from each stock each year;

(b) ‘quota’ means a fixed proportion of the TAC allocated to the Community, Member States or third countries;

(c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(d) ‘NAFO Regulatory Area’ means the part of the area of the Northwest Atlantic Fisheries Organisation (NAFO) Convention not falling under the sovereignty or within the jurisdiction of coastal States;

(e) ‘Skagerrak’ means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

(f) ‘Kattegat’ means the area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(g) ‘Gulf of Cadiz’ means the area of ICES Subdivision IXa east of longitude 7^o23'48"W.

Article 4

Fishing zones

For the purposes of this Regulation, the following zone definitions shall apply:

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91. If ‘EC waters’ is added to a zone, it means that the zone refers only to EC waters of that zone;

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (²⁵);

(c) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (²⁶);

(d) CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 601/2004 .

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Article 5

Catch limits and allocations

It shall be prohibited for Community vessels to fish for, to retain on board, to tranship and to land the following species in all Community and non-Community waters:

— Basking shark (Cetorhinus maximus),

— White shark (Carcharodon carcharias).

Article 6

Special provisions on allocations

The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

Article 7

Fishing effort limits and associated conditions for the management of stocks

From 1 February 2006 to 31 January 2007, the fishing effort limitations and associated conditions laid down in:

— Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, Subarea IV, and ICES Divisions IIa (EC waters), IIIa, VIa, VIIa and VIId;

— Annex IIB shall apply for the management of hake and nephrops in ICES Divisions VIIIc and IXa with the exception of Gulf of Cadiz;

— Annex IIC shall apply for the management of sole stocks in the ICES Division VIIe;

— Annex IID shall apply for the management of sandeel stocks in ICES Divisions IIa (EC waters), IIIa and Subarea IV.

Article 8

Conditions for landing catches and by-catches

Fish from stocks for which catch limits are fixed shall be retained on board or landed only if:

(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b) the catches consist of a part of a Community share which has not been allocated by quota among Member States, and that share has not been exhausted.

By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:

(a) species, other than herring and mackerel, where (i) they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98, and; (ii) the catches are not sorted either on board or on landing; or

(b) mackerel, where (i) they are caught mixed with horse mackerel or pilchard; (ii) they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board and; (iii) the catches are not sorted either on board or on landing.

Article 9

Unsorted landings in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId

Article 10

Access limits

No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to four nautical miles from the baselines of Norway

Fishing by Community vessels in waters under the jurisdiction of Iceland shall be limited to the area defined by straight lines sequentially connecting the following coordinates:

South Western Area

South Eastern Area

Article 11

Transitional technical and control measures

Transitional technical and control measures for Community vessels shall be as set out in Annex III.

CHAPTER III

CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS

Article 12

Transitional technical and control measures

Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.

Article 13

Authorisation

It shall be prohibited for third-country fishing vessels to fish for, to retain on board, to tranship and to land the following species in all Community waters:

— Basking shark (Cetorhinus maximus),

— White shark (Carcharodon carcharias).

Article 14

Geographical restrictions

Article 15

Transit through Community waters

Third-country fishing vessels that transit through Community waters shall stow their nets so that they may not readily be used, in accordance with the following conditions:

(a) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes,

(b) nets which are on or above deck shall be securely lashed to some part of the superstructure.

Article 16

Conditions for landing catches and by-catches

Fish from stocks for which catch limits are fixed shall not be retained on board or landed unless the catches have been taken by fishing vessels of a third-country having a quota and that quota is not exhausted.

CHAPTER IV

LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

Article 17

Licences and associated conditions

However, paragraph 1 shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

(a) vessels of a tonnage equal to or less than 200 GT; or

(b) vessels carrying out fisheries for human consumption for species other than mackerel; or

(c) vessels flying the flag of Sweden, in line with established practice.

Article 18

Faroe Islands

Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification to the Faroese authorities.

CHAPTER V

LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS

Article 19

Obligation to have a licence and a special fishing permit

Article 20

Application for a licence and special fishing permit

An application to the Commission for a licence and special fishing permit from an authority of a third-country shall be accompanied by the following information:

(a) name of the vessel;

(b) registration number;

(c) external identification letters and numbers;

(d) port of registration;

(e) name and address of the owner or charterer;

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

(i) intended method of fishing;

(j) intended area of fishing;

(k) species for which it is intended to fish;

(l) period for which a licence is applied for.

Article 21

Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.

Article 22

Cancellation and withdrawal

Article 23

Failure to comply with relevant rules

Article 24

Obligations of the licence holder

Article 25

Specific provisions concerning the Department of French Guyana

CHAPTER VI

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

SECTION 1

Community participation

Article 26

List of vessels

The information referred to in paragraph 2 shall include the following:

(a) the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (²⁸);

(b) the international radio call sign;

(c) the vessel charterer, where applicable;

(d) the vessel type.

For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall furthermore include:

(a) the date from which the vessel has been authorised to fly the flag of the Member State;

(b) the date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;

(c) the name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;

(d) the name of the vessel;

(e) the official registration number of the vessel assigned by the competent national authorities;

(f) the home port of the vessel after the transfer;

(g) the name of owner or charterer of the vessel;

(h) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;

(i) the principal species which can be fished by the vessel in the NAFO Regulatory Area;

(j) the Subareas where the vessel may be expected to fish.

SECTION 2

Technical measures

Article 27

Mesh sizes

Article 28

Attachments to nets

Article 29

By-catches

Article 30

Minimum size of fish

SECTION 3

Control measures

Article 31

Product labelling and separate stowage

Taking into consideration the legitimate safety and navigational responsibility of the master of the vessel, the following shall apply:

— catch of the same species shall be stowed clearly separate from catches of other species. All catches taken within the NAFO Regulatory Area shall be stowed separately from catches taken outside this area.

— catches may be stowed in more than one part of the hold, but in each part of the hold where they are stowed, they shall be kept clearly separate, by the use of plastic, plywood, netting, etc. from catches of other species.

Article 32

Fishing and production logbooks and stowage plan

The masters of a Community vessel shall, in respect of catches of the species listed in Annex IC, keep:

(a) a production logbook stating their cumulative production, by species on board in product weight stated in kilograms;

(b) a stowage plan that shows the location of the different species in the holds.

Article 33

Carrying of nets

However, Community vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep on board nets with a smaller mesh size than that laid down in Article 27 provided they are securely lashed and stowed and are not available for immediate use. Such nets must:

(a) be unshackled from their boards and their hauling or trawling cables and ropes; and

(b) if they are carried on or above the deck, be lashed securely to a part of the superstructure.

Article 34

Trans-shipment

Article 35

Chartering of Community vessels

On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission, which shall forward this information to the Executive Secretary of NAFO:

(a) its assent to the charter arrangement;

(b) species covered by the charter and fishing opportunities allocated by the charter contract;

(c) length of the charter arrangement;

(d) name of the charterer;

(e) contracting party which chartered the vessel;

(f) the action the Member State has taken to ensure that the chartered vessels flying its flag comply with the NAFO conservation and enforcement measures for the duration of the chartering period.

The flag Member State shall act to ensure that:

(a) the vessel is not authorised to fish during the charter period against the fishing opportunities allocated to the flag Member State;

(b) the vessel is not authorised to fish under more than one charter arrangement during the same period;

(c) the vessel complies with the NAFO conservation and enforcement measures for the duration of the chartering period;

(d) all catches and by-catches under notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data.

Article 36

Monitoring of fishing effort

SECTION 4

Special requirements for data collection

Article 37

Data collection

Member States shall implement, where possible, special requirements for data collection for their vessels fishing in the following areas:

Area	Coordinate 1	Coordinate 2	Coordinate 3	Coordinate 4
Orphan Knoll	50.00.30 47.00.30	51.00.30 45.00.30	51.00.30 47.00.30	50.00.30 45.00.30
Corner Seamounts	35.00.00 48.00.00	36.00.00 48.00.00	36.00.00 52.00.00	35.00.00 52.00.00
Newfoundland Seamounts	43.29.00 43.20.00	44.00.00 43.20.00	44.00.00 46.40.00	43.29.00 46.40.00
New England Seamounts	35.00.00 57.00.00	39.00.00 57.00.00	39.00.00 64.00.00	35.00.00 64.00.00

Data to be collected in accordance with paragraph 1 shall be collected on a set-by-set basis and should, to the extent possible, include:

(a) Species composition in numbers and weight;

(b) Length frequencies;

(c) Otoliths;

(d) Set location, latitudes and longitudes;

(e) Fishing gear;

(f) Depth fished;

(g) Time of day;

(h) Duration of set;

(i) Tow opened (for mobile gear);

(j) Other biological sampling, such as concerning maturity where possible.

SECTION 5

Special provisions for Northern prawns

Article 38

Northern prawn fisheries

Each Member State shall report to the Commission daily on the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place at depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.

SECTION 6

Special provisions for redfish

Article 39

Redfish fishery