LegalizeCouncil 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
ANNEX IB
| Species: Snow crab Chionoecetes spp. | Zone: NAFO 0, 1 (Greenland waters) PCR/ N01GRN | |
|---|---|---|
| Ireland | 125 | |
| Spain | 875 | |
| EC | 1 000 | |
| TAC | Not relevant | Precautionary TAC. Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Roundnose grenadier Coryphaenoides rupestris | Zone: NAFO 0, 1 (Greenland waters) RNG/N01GRN | |
| --- | --- | --- |
| Germany | 0 | |
| EC | 192 (1) | |
| TAC | Not relevant | Precautionary TAC. Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Of which 192 tonnes are allocated to Norway. | ||
| Species: Roundnose grenadier Coryphaenoides rupestris | Zone: V, XIV (Greenland waters) RNG/514GRN | |
| --- | --- | --- |
| Germany | 0 | |
| United Kingdom | 0 | |
| EC | 285 (1) | |
| TAC | Not relevant | Precautionary TAC. Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Of which 285 tonnes are allocated to Norway. | ||
| Species:: Herring Clupea harengus | Zone:: EC, Norwegian and International waters of I and II HER/1/2. | |
| --- | --- | --- |
| Belgium | 22 | |
| Denmark | 21 243 | |
| Germany | 3 720 | |
| Spain | 70 | |
| France | 917 | |
| Ireland | 5 499 | |
| The Netherlands | 7 602 | |
| Poland | 1 075 | |
| Portugal | 70 | |
| Finland | 329 | |
| Sweden | 7 872 | |
| United Kingdom | 13 581 | |
| EC | 62 000 | |
| TAC | not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Cod Gadus morhua | Zone: I, II (Norwegian waters) COD/1N2AB. | |
| --- | --- | --- |
| Germany | 2 286 | |
| Greece | 283 | |
| Spain | 2 550 | |
| Ireland | 283 | |
| France | 2 098 | |
| Portugal | 2 550 | |
| United Kingdom | 8 869 | |
| EC | 18 920 | |
| TAC | 457 000 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Cod Gadus morhua | Zone: NAFO 0, 1 (incl.V, XIV (Greenland waters)) COD/N01514 | |
| --- | --- | --- |
| Germany | 0 | |
| United Kingdom | 0 | |
| EC | 0 | |
| TAC | 0 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Cod Gadus morhua | Zone: I, II b COD/1/2B. | |
| --- | --- | --- |
| Germany | 3 023 | |
| Spain | 7 814 | |
| France | 1 290 | |
| Poland | 1 417 | |
| Portugal | 1 650 | |
| United Kingdom | 1 936 | |
| All Member States | 100 (1) | |
| EC | 17 229 (2) | |
| TAC | 457 000 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Except Germany, Spain, France, Poland, Portugal and the United Kingdom. (2) The allocation of the share of the cod stock available to the Community in the zone Spitzbergen and Bear Island is entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris. | ||
| Species: Cod and haddock Gadus morhua and Melanogrammus aeglefinus | Zone: Vb (Faroese waters) C/H/05B-F. | |
| --- | --- | --- |
| Germany | 10 | |
| France | 60 | |
| United Kingdom | 430 | |
| EC | 500 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Atlantic halibut Hippoglossus hippoglossus | Zone: V, XIV (Greenland waters) HAL/514GRN | |
| --- | --- | --- |
| Portugal | 800 | |
| EC | 1 000 (1) (2) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Of which 200 tonnes to be fished only with long lines, are allocated to Norway. (2) If by-catches of Atlantic halibut in trawl cod and redfish fisheries imply over-runs of this quota, the Greenland authorities will provide solutions to the effect that Community cod and redfish fisheries can nevertheless continue until the respective quotas have been exhausted. | ||
| Species: Atlantic halibut Hippoglossus hippoglossus | Zone: NAFO 0, 1 (Greenland waters) HAL/N01GRN | |
| --- | --- | --- |
| EC | 200 (1) (2) | |
| TAC | Not relevant | |
| (1) Of which 200 tonnes, to be fished only with long lines, are allocated to Norway. (2) If by-catches of Atlantic halibut in trawl cod and redfish fisheries imply over-runs of this quota, the Greenland authorities will provide solutions to the effect that Community cod and redfish fisheries can nevertheless continue until the respective quotas have been exhausted. | ||
| Species: Capelin Mallotus villosus | Zone: IIb CAP/02B. | |
| --- | --- | --- |
| EC | 0 | |
| TAC | 0 | |
| Species: | Capelin Mallotus villosus | Zone: |
| --- | --- | --- |
| All Member States | 0 | |
| EC | 16 170 | () () |
| TAC | Not relevant | |
| (1) Of which 16 170 tonnes are allocated to Iceland. (2) To be fished before 30 April 2006. | ||
| Species: Haddock Melanogrammus aeglefinus | Zone: I, II (Norwegian waters) HAD/1N2AB. | |
| --- | --- | --- |
| Germany | 591 | |
| France | 355 | |
| United Kingdom | 1 814 | |
| EC | 2 760 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Blue whiting Micromesistius poutassou | Zone: I, II (Norwegian waters) WHB/1/2-N. | |
| --- | --- | --- |
| Germany | 500 | |
| France | 500 | |
| EC | 1 000 | |
| TAC | 2 000 000 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Blue whiting Micromesistius poutassou | Zone: Vb (Faroese waters) WHB/05B-F. | |
| --- | --- | --- |
| Denmark | 7 040 | |
| Germany | 480 | |
| France | 768 | |
| The Netherlands | 672 | |
| United Kingdom | 7 040 | |
| EC | 16 000 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Ling and Blue Ling Molva molva and Molva dypterigia | Zone: Vb (Faroese waters) B/L/05B-F. | |
| --- | --- | --- |
| Germany | 898 (1) | |
| France | 1 992 (1) | |
| United Kingdom | 175 (1) | |
| EC | 3 065 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) By-catches up to 1 080 tonnes of roundnose grenadier and black scabbard fish to be counted against this quota. | ||
| Species: Northern prawn Pandalus borealis | Zone: V, XIV (Greenland waters) PRA/514GRN | |
| --- | --- | --- |
| Denmark | 887 | |
| France | 887 | |
| EC | 5 675 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Of which 2 750 tonnes are allocated to Norway and 1 150 tonnes to Faroe Islands. | ||
| Species: Northern prawn Pandalus borealis | Zone: NAFO 0, 1 (Greenland waters) PRA/ N01GRN | |
| --- | --- | --- |
| Denmark | 2 000 | |
| France | 2 000 | |
| EC | 4 000 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Saithe Pollachius virens | Zone: I, II (Norwegian waters) POK/1N2AB. | |
| --- | --- | --- |
| Germany | 2 880 | |
| France | 463 | |
| United Kingdom | 257 | |
| EC | 3 600 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Saithe Pollachius virens | Zone: I, II (International waters ) POK/1/2INT | |
| --- | --- | --- |
| EC | 0 | |
| TAC | Not relevant | |
| Species: Saithe Pollachius virens | Zone: Vb (Faroese waters) POK/05B-F. | |
| --- | --- | --- |
| Belgium | 56 | |
| Germany | 347 | |
| France | 1 691 | |
| The Netherlands | 56 | |
| United Kingdom | 650 | |
| EC | 2 800 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Greenland halibut Reinhardtius hippoglossoides | Zone: I, II (Norwegian waters) GHL/1N2AB. | |
| --- | --- | --- |
| Germany | 37 | |
| United Kingdom | 37 | |
| EC | 75 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Greenland halibut Reinhardtius hippoglossoides | Zone: I, II (International waters) GHL/1/2INT | |
| --- | --- | --- |
| EC | 0 | |
| TAC | Not relevant | |
| Species: Greenland halibut Reinhardtius hippoglossoides | Zone: V, XIV (Greenland waters) GHL/514GRN | |
| --- | --- | --- |
| Germany | 5 154 | |
| United Kingdom | 271 | |
| EC | 6 300 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Of which 800 tonnes are allocated to Norway and 75 tonnes are allocated to the Faroe Islands. | ||
| Species: Greenland halibut Reinhardtius hippoglossoides | Zone: NAFO 0,1 (Greenland waters) GHL/N01GRN | |
| --- | --- | --- |
| Germany | 550 | |
| EC | 1 500 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Of which 800 tonnes are allocated to Norway and 150 tonnes are allocated to the Faroe Islands. | ||
| Species: Mackerel Scomber scombrus | Zone: IIa (Norwegian waters) MAC/02A-N. | |
| --- | --- | --- |
| Denmark | 9 000 (1) | |
| EC | 9 000 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) May also be fished in Subarea IV (Norwegian waters) and in Division IIa (international waters) (MAC/*4N-2A). | ||
| Species: Mackerel Scomber scombrus | Zone: Vb (Faroese waters) MAC/05B-F. | |
| --- | --- | --- |
| Denmark | 2 908 (1) | |
| EC | 2 908 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) May be fished in IVa (EC waters) (MAC/*04A.). | ||
| Species: Redfish Sebastes spp. | Zone: V, XII, XIV (1) (2) RED/51214. | |
| --- | --- | --- |
| Estonia | 284 (2) (3) | |
| Germany | 5 772 (2) (3) | |
| Spain | 1 014 (2) (3) | |
| France | 539 (2) (3) | |
| Ireland | 2 (2) (3) | |
| Latvia | 103 (2) (3) | |
| The Netherlands | 3 (2) (3) | |
| Poland | 520 (2) (3) | |
| Portugal | 1 212 (2) (3) | |
| United Kingdom | 14 (2) (3) | |
| EC | 9 463 (2) | |
| TAC | 62 416 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) EC waters and international waters. (2) May be taken in the NAFO Regulatory Area Subarea 2, Divisions IF and 3K but shall be counted against the quota for V, XII, XIV within a total quota of 15 675 tonnes (RED/*N1F3K). (3) No more than 80% of the quota may be taken before 1 July 2006. | ||
| Species: Redfish Sebastes spp. | Zone: I, II (Norwegian waters) RED/1N2AB. | |
| --- | --- | --- |
| Germany | 766 (1) | |
| Spain | 95 (1) | |
| France | 84 (1) | |
| Portugal | 405 (1) | |
| United Kingdom | 150 (1) | |
| EC | 1 500 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Only as by-catch. | ||
| Species: Redfish Sebastes spp. | Zone: V, XIV (Greenland waters) RED/514GRN | |
| --- | --- | --- |
| Germany | 9 356 | |
| France | 47 | |
| United Kingdom | 66 | |
| EC | 13 229 (1) (2) (3) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) May be fished by pelagic trawl. Catches from the bottom trawl fishery and the pelagic trawl fishery shall be reported separately. May be fished East or West. (2) 3 500 tonnes to be fished with pelagic trawl are allocated to Norway. (3) 260 tonnes are allocated to the Faroe Islands. Catches from the bottom trawl and pelagic trawl fisheries shall be reported separately. | ||
| Species: | Redfish Sebastes spp. | Zone: |
| --- | --- | --- |
| Belgium | 100 | () () |
| Germany | 1 690 | () () |
| France | 50 | () () |
| United Kingdom | 1 160 | () () |
| EC | 3 000 | () () |
| TAC | Not relevant | |
| (1) Including unavoidable by-catches (cod not allowed). (2) To be fished between July and December. | ||
| Species: Redfish Sebastes spp. | Zone: Vb (Faroese waters) RED/05B-F. | |
| --- | --- | --- |
| Belgium | 21 | |
| Germany | 2 761 | |
| France | 186 | |
| United Kingdom | 32 | |
| EC | 3 000 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: By-catches | Zone: NAFO 0, 1 (Greenland waters) XBC/ N01GRN | |
| --- | --- | --- |
| EC | 2 000 (1) | |
| TAC | Not relevant | |
| (1) Refers to the combined by-catch of cod, catfish, skate, ling and tusk. The by-catch quantities of cod shall not exceed 100 tonnes. May be fished East or West. | ||
| Species: Other species (1) | Zone: I, II (Norwegian waters) OTH/1N2AB. | |
| --- | --- | --- |
| Germany | 150 (1) | |
| France | 60 (1) | |
| United Kingdom | 240 (1) | |
| EC | 450 (1) | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Only as by-catch. | ||
| Species: Other species (1) | Zone: Vb (Faroese waters) OTH/05B-F. | |
| --- | --- | --- |
| Germany | 305 | |
| France | 275 | |
| United Kingdom | 180 | |
| EC | 760 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Excluding fish species of no commercial value. | ||
| Species: Flatfish | Zone: Vb (Faroese waters) FLX/05B-F. | |
| --- | --- | --- |
| Germany | 81 | |
| France | 63 | |
| United Kingdom | 306 | |
| EC | 450 | |
| TAC | Not relevant | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
ANNEX IC
All TACs and associate conditions are adopted in the framework of NAFO.
| Species: Cod Gadus morhua | Zone: NAFO 2J3KL COD/N2J3KL | |
|---|---|---|
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Cod Gadus morhua | Zone: NAFO 3NO COD/N3NO. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Cod Gadus morhua | Zone: NAFO 3M COD/N3M. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Witch flounder Glyptocephalus cynoglossus | Zone: NAFO 2J3KL WIT/N2J3KL | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Witch flounder Glyptocephalus cynoglossus | Zone: NAFO 3NO WIT/N3NO. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: American plaice Hippoglossoides platessoides | Zone: NAFO 3M PLA/N3M. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: American plaice Hippoglossoides platessoides | Zone: NAFO 3LNO PLA/N3LNO. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Short fin squid Illex illecebrosus | Zone: NAFO sub-zones 3 and 4 SQI/N34. | |
| --- | --- | --- |
| Estonia | 128 (2) | |
| Latvia | 128 (2) | |
| Lithuania | 128 (2) | |
| Poland | 227 (2) | |
| EC | (1) (2) | |
| TAC | 34 000 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) No specified Community share, an amount of 29 467 tonnes is available to Canada and the EC Member States except Estonia, Latvia, Lithuania and Poland. (2) To be fished between 1 July and 31 December. | ||
| Species: Yellowtail flounder Limanda ferruginea | Zone: NAFO 3LNO YEL/N3LNO. | |
| --- | --- | --- |
| Estonia | pm | |
| Latvia | pm | |
| Lithuania | pm | |
| Poland | pm | |
| EC | 0 (1) (2) | |
| TAC | 15 000 | |
| (1) Despite having access to a shared quota of 76 tonnes for the Community, it is decided to set this amount to 0. There will be no directed fishing on this species, which will be caught only as by-catches within the rules set out in Article 29. (2) Catches taken by vessels under this quota shall be reported to the Flag Member State and forwarded to the Executive Secretary of NAFO via the Commission at 48 hour intervals. | ||
| Species: Capelin Mallotus villosus | Zone: NAFO 3NO CAP/N3NO. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Northern prawn Pandalus borealis | Zone: NAFO 3L (1) PRA/N3L. | |
| --- | --- | --- |
| Estonia | 245 (2) | |
| Latvia | 245 (2) | |
| Lithuania | 245 (2) | |
| Poland | 245 (2) | |
| EC | 245 (2) (3) | |
| TAC | 22 000 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Not including the box bounded by the following coordinates: Point No Latitude N Longitude W 1 47o20'0 46o40'0 2 47o20'0 46o30'0 3 46o00'0 46o30'0 4 46o00'0 46o40'0 (2) To be fished from 1 January to 31 March, 1 July to 14 September and 1 December to 31 December. (3) All Member States except Estonia, Latvia, Lithuania and Poland. | ||
| Point No | Latitude N | Longitude W |
| 1 | 47o20'0 | 46o40'0 |
| 2 | 47o20'0 | 46o30'0 |
| 3 | 46o00'0 | 46o30'0 |
| 4 | 46o00'0 | 46o40'0 |
| Species: Northern prawn Pandalus borealis | Zone: NAFO 3M (1) PRA/N3M. | |
| --- | --- | --- |
| TAC | pm (2) | |
| (1) Vessels may also fish this stock in Division 3L in the box bounded by the following coordinates: Point No Latitude N Longitude W 1 47°20'0 46°40'0 2 47°20'0 46°30'0 3 46°00'0 46°30'0 4 46°00'0 46°40'0 When conducting a fishery for shrimp in this box, vessels shall, whether or not crossing the line separating NAFO Divisions 3L and 3M, report in accordance with point 1.3 of the Annex to Council Regulation (EEC) No 189/92 of 27 January 1992 adopting provisions for the application of control measures adopted by the Northwest Atlantic Fisheries Organisation (OJ L 21, 30.1.1992, p. 4. Regulation as last amended by Regulation (EC) No 1048/97 (OJ L 154, 12.6.1997, p. 1)). Moreover, fishing for shrimp shall be prohibited from 1 June to 31 December 2006 in the area bounded by the following coordinates: Point No Latitude N Longitude W 1 47°55'0 45°00'0 2 47°30'0 44°15'0 3 46°55'0 44°15'0 4 46°35'0 44°30'0 5 46°35'0 45°40'0 6 47°30'0 45°40'0 7 47°55'0 45°00'0 (2) Not relevant. Fishery managed by limitations in fishing effort. The Member States concerned shall issue special fishing permits for their fishing vessels engaging in this fishery, and shall notify those permits to the Commission prior to the commencement of the vessel's activity, in accordance with Regulation (EC) No 1627/94. By way of derogation from Article 8 of that Regulation, permits will only become valid if the Commission has not objected within five working days following the notification. The maximum number of vessels and fishing time allowed shall be: Member State Maximum number of vessels Maximum number of fishing days Denmark 2 131 Estonia 8 1667 Spain 10 257 Latvia 4 490 Lithuania 7 579 Poland 1 100 Portugal 1 69 Each Member State shall, within 25 days following the calendar month in which the catches are made, report monthly to the Commission the fishing days spent in Division 3M and in the area defined in footnote (1). | ||
| Point No | Latitude N | Longitude W |
| 1 | 47°20'0 | 46°40'0 |
| 2 | 47°20'0 | 46°30'0 |
| 3 | 46°00'0 | 46°30'0 |
| 4 | 46°00'0 | 46°40'0 |
| Point No | Latitude N | Longitude W |
| 1 | 47°55'0 | 45°00'0 |
| 2 | 47°30'0 | 44°15'0 |
| 3 | 46°55'0 | 44°15'0 |
| 4 | 46°35'0 | 44°30'0 |
| 5 | 46°35'0 | 45°40'0 |
| 6 | 47°30'0 | 45°40'0 |
| 7 | 47°55'0 | 45°00'0 |
| Member State | Maximum number of vessels | Maximum number of fishing days |
| Denmark | 2 | 131 |
| Estonia | 8 | 1667 |
| Spain | 10 | 257 |
| Latvia | 4 | 490 |
| Lithuania | 7 | 579 |
| Poland | 1 | 100 |
| Portugal | 1 | 69 |
| Species: Greenland halibut Reinhardtius hippoglossoides | Zone: NAFO 3LMNO GHL/N3LMNO | |
| --- | --- | --- |
| Estonia | 371 | |
| Germany | 378 | |
| Latvia | 52 | |
| Lithuania | 26 | |
| Spain | 5 072 | |
| Portugal | 2 139 | |
| EC | 8 038 | |
| TAC | 13 079 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Skate Rajidae | Zone: NAFO 3LNO SRX/N3LNO. | |
| --- | --- | --- |
| Spain | 6 561 | |
| Portugal | 1 274 | |
| Estonia | 546 | |
| Lithuania | 119 | |
| EC | 8 500 | |
| TAC | 13 500 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Redfish Sebastes spp. | Zone: NAFO 3LN RED/N3LN. | |
| --- | --- | --- |
| EC | 0 (1) | |
| TAC | 0 (1) | |
| (1) There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 29. | ||
| Species: Redfish Sebastes spp. | Zone: NAFO 3M RED/N3M. | |
| --- | --- | --- |
| Estonia | 1 571 (1) | |
| Germany | 513 (1) | |
| Spain | 233 (1) | |
| Latvia | 1 571 (1) | |
| Lithuania | 1 571 (1) | |
| Portugal | 2 354 (1) | |
| EC | 7 813 (1) | |
| TAC | 5 000 (1) | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) This quota is subject to compliance with the TAC of 5 000 tonnes established for this stock. Upon exhaustion of the TAC, the directed fishery for this stock shall be stopped irrespective of the level of catches. | ||
| Species: Redfish Sebastes spp. | Zone: NAFO 3O RED/N3O. | |
| --- | --- | --- |
| Spain | 1 771 | |
| Portugal | 5 229 | |
| EC | 7 000 | |
| TAC | 20 000 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Redfish Sebastes spp. | Zone: NAFO Subarea 2, Divisions IF and 3K RED/N1F3K. | |
| --- | --- | --- |
| Latvia | 364 | |
| Lithuania | 3 019 | |
| TAC | 3 383 | |
| Species: White hake Urophycis tenuis | Zone: NAFO 3NO HKW/N3NO. | |
| --- | --- | --- |
| Spain | 2 165 | |
| Portugal | 2 835 | |
| EC | 5 000 | |
| TAC | 8 500 | Article 3 of Regulation (EC) No 847/96 does not apply. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
ANNEX ID
HIGHLY MIGRATORY FISH — All Areas
TACS in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.
| Species: Bluefin tuna Thunnus thynnus | Zone: Atlantic Ocean, east of longitude 45° W, and Mediterranean BFT/AE045W | |
|---|---|---|
| Cyprus | (1) | |
| Greece | 323 | |
| Spain | 6 266 | |
| France | 6 182 | |
| Italy | 4 880 | |
| Malta | (1) | |
| Portugal | 590 | |
| All Member States | 60 (2) | |
| EC | 18 301 | |
| TAC | 32 000 | Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Cyprus and Malta may fish under the ICCAT ‘Others’ quota in accordance with the ICCAT Compliance Tables adopted at 2003 ICCAT annual meeting. (2) Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch. | ||
| Species: Swordfish Xiphias gladius | Zone: Atlantic Ocean, north of latitude 5° N SWO/AN05N | |
| --- | --- | --- |
| Spain | 5 565 | |
| Portugal | 1 010 | |
| All Member States | 185,5 (1) | |
| EC | 6 760,5 | |
| TAC | 14 000 | Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) Except Spain and Portugal, and only as by-catch. | ||
| Species: Swordfish Xiphias gladius | Zone: Atlantic Ocean, south of latitude 5° N SWO/AS05N | |
| --- | --- | --- |
| Spain | 5 422,8 | |
| Portugal | 357,2 | |
| EC | 5 780 | |
| TAC | 16 055 | Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Northern Albacore Germo alalunga | Zone: Atlantic Ocean, north of latitude 5°N ALB/AN05N | |
| --- | --- | --- |
| Ireland | 5 678,7 (1) (3) | |
| Spain | 24 282,5 (1) (3) | |
| France | 7 784,9 (1) (3) | |
| United Kingdom | 402,1 (1) (3) | |
| Portugal | 2 672,3 (1) (3) | |
| EC | 40 820,5 (1) (2) | |
| TAC | 34 500 | Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| (1) It is prohibited to use any gill net, bottom set gill net, trammel net and entangling net. (2) The number of Community vessels fishing for Northern Albacore as a target species is fixed to 1 253 vessels in accordance with Article 10(1) of Regulation (EC) No 973/2001. (3) The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for Northern Albacore as a target species in accordance with Article 10(4) of Regulation (EC) No 973/2001: Member State Maximum number of vessels Ireland 50 Spain 730 France 151 United Kingdom 12 Portugal 310 EC 1 253 | ||
| Member State | Maximum number of vessels | |
| Ireland | 50 | |
| Spain | 730 | |
| France | 151 | |
| United Kingdom | 12 | |
| Portugal | 310 | |
| EC | 1 253 | |
| Species: Southern Albacore Germo alalunga | Zone: Atlantic Ocean, south of latitude 5° N ALB/AS05N | |
| --- | --- | --- |
| Spain | 943,7 | |
| France | 311 | |
| Portugal | 660 | |
| EC | 1 914,7 | |
| TAC | 30 915 | Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Bigeye Tuna Thunnus obesus | Zone: Atlantic Ocean BET/ATLANT | |
| --- | --- | --- |
| Spain | 24 616,1 | |
| France | 11 018,3 | |
| Portugal | 10 873,3 | |
| EC | 46 507,7 | |
| TAC | 90 000 | Article 3 of Regulation (EC) No 847/96 applies. Article 4 of Regulation (EC) No 847/96 does not apply. Article 5(2) of Regulation (EC) No 847/96 applies. |
| Species: Blue marlin Makaira nigricans | Zone: Atlantic Ocean BUM/ATLANT | |
| --- | --- | --- |
| EC | 103 | |
| TAC | Not relevant | |
| Species: White marlin Tetrapturus alba | Zone: Atlantic Ocean WHM/ATLANT | |
| --- | --- | --- |
| EC | 46,5 | |
| TAC | Not relevant |
ANNEX IE
These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.
| Species: Blackfin icefish Chaenocephalus aceratus | Zone: FAO 48.3 Antartic SSI/F483. | |
|---|---|---|
| TAC | 2 200 (1) | |
| (1) TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed. | ||
| Species: Unicorn icefish Channichthys rhinoceratus | Zone: FAO 58.5.2 Antarctic LIC/F5852. | |
| --- | --- | --- |
| TAC | 150 (1) | |
| (1) TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed. | ||
| Species: Antarctic icefish Champsocephalus gunnari | Zone: FAO 48.3 Antarctic ANI/F483. | |
| --- | --- | --- |
| TAC | 2 244 (1) | |
| (1) This TAC is applicable for the period 15 November 2005 to 14 November 2006. Fishing for this stock during the period 1 March to 31 May 2006 shall be limited to 561 tonnes. | ||
| Species: Antarctic icefish Champsocephalus gunnari | Zone: FAO 58.5.2 Antarctic (1) ANI/F5852. | |
| --- | --- | --- |
| TAC | 1 210 (2) | |
| (1) For the purpose of this TAC, the area open to the fishery is defined as that portion of FAO statistical division 58.5.2 that lies within the area enclosed by a line: (a) starting at the point where the meridian of longitude 72o15'E intersects the Australia–France Maritime Delimitation Agreement Boundary then south along the meridian to its intersection with the parallel of latitude 53o25'S; (b) then east along that parallel to its intersection with the meridian of longitude 74oE; (c) then northeasterly along the geodesic to the intersection of the parallel of latitude 52o40'S and the meridian of longitude 76oE; (d) then north along the meridian to its intersection with the parallel of latitude 52oS; (e) then northwesterly along the geodesic to the intersection of the parallel of latitude 51oS with the meridian of longitude 74o30'E; and (f) then southwesterly along the geodesic to the point of commencement. (2) This TAC shall be applicable for the period 1 December 2005 to 30 November 2006. | ||
| Species: Antarctic toothfish Dissostichus eleginoides | Zone: FAO 48.3 Antarctic TOP/F483. | |
| --- | --- | --- |
| TAC | 3 556 (1) (2) | |
| Special conditions: Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subarea specified: | ||
| Management Area A: 48 W to 43 30 W – 52 30 S to 56 S (TOP/*F483A) | 0 | |
| Management Area B: 43 30 W to 40 W – 52 30 S to 56 S (TOP/*F483B) | 1 067 | |
| Management Area C: 40 W to 33 30 W – 52 30 S to 56 S (TOP/*F483C) | 2 489 | |
| (1) This TAC shall be applicable for long-line fishery in the period 1 May to 31 August 2006 and for pot fishery 1 December 2005 to 30 November 2006. (2) Including 177 tonnes of skates and rays and 177 tonnes of Macrorus spp. as by-catch. | ||
| Species: Antarctic toothfish Dissostichus eleginoides | Zone: FAO 48.4 Antarctic TOP/F484. | |
| --- | --- | --- |
| TAC | 100 (1) (2) (3) | |
| (1) To be fished only with long-lines. (2) This TAC shall be applicable during a fishing season defined as that applied in Subarea 48.3, or until the catch limit for Dissostichus eleginoides in Subarea 48.4 is reached, or until the catch limit for Dissostichus eleginoides in Subarea 48.3, as specified above, is reached, whichever is sooner. (3) Each vessel taking part in this fishery shall undertake a tagging program in accordance with the CCAMLR tagging protocol. | ||
| Species: Antarctic toothfish Dissostichus eleginoides | Zone: FAO 58.5.2 Antarctic TOP/F5852. | |
| --- | --- | --- |
| TAC | 2 584 (1) (2) | |
| (1) This TAC shall be applicable for trawl and pot fisheries in the period 1 December 2005 to 30 November 2006 and for the long-line fishery in the period 1 May to 31 August 2006. (2) This TAC is applicable for West of 79o20'E only. Fishing east of this meridian within this zone is prohibited (see Annex XIII). | ||
| Species: Krill Euphausia superba | Zone: FAO 48 KRI/F48. | |
| --- | --- | --- |
| TAC | 4 000 000 (1) | |
| Special conditions: Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the Subareas specified: | ||
| Subarea 48.1 (KRI/*F481.) | 1 008 000 | |
| Subarea 48.2 (KRI/*F482.) | 1 104 000 | |
| Subarea 48.3 (KRI/*F483.) | 1 056 000 | |
| Subarea 48.4 (KRI/*F484.) | 832 000 | |
| (1) This TAC shall be applicable for the period 1 December 2005 to 30 November 2006. | ||
| Species: Krill Euphausia superba | Zone: FAO 58.4.1 Antarctic KRI/F5841. | |
| --- | --- | --- |
| TAC | 440 000 (1) | |
| Special conditions: Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the areas specified: | ||
| Division 58.4.1 West of 115° E (KRI/*F-41W) | 277 000 | |
| Division 58.4.1 East of 115° E (KRI/*F-41E) | 163 000 | |
| (1) This TAC shall be applicable for the period 1 December 2005 to 30 November 2006. | ||
| Species: Krill Euphausia superba | Zone: FAO 58.4.2 Antarctic KRI/F5842. | |
| --- | --- | --- |
| TAC | 450 000 (1) | |
| (1) This TAC shall be applicable for the period 1 December 2005 to 30 November 2006. | ||
| Species: Humped rockcod Gobionotothen gibberifrons | Zone: FAO 48.3 Antarctic NOG/F483. | |
| --- | --- | --- |
| TAC | 1 470 (1) | |
| (1) TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed. | ||
| Species: Grey rockcod Lepidonotothen squamifrons | Zone: FAO 48.3 Antarctic NOS/F483. | |
| --- | --- | --- |
| TAC | 300 (1) | |
| (1) TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed. | ||
| Species: Grey rockcod Lepidonotothen squamifrons | Zone: FAO 58.5.2 Antarctic NOS/F5852. | |
| --- | --- | --- |
| TAC | 80 (1) | |
| (1) TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed. | ||
| Species: Marbled rockcod Notothenia rossii | Zone: FAO 48.3 Antarctic NOR/F483. | |
| --- | --- | --- |
| TAC | 300 (1) | |
| (1) TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed. | ||
| Species: Crab Paralomis spp. | Zone: FAO 48.3 Antarctic PAI/F483. | |
| --- | --- | --- |
| TAC | 1 600 (1) | |
| (1) This TAC shall be applicable for the period 1 December 2005 to 30 November 2006. | ||
| Species: South Georgia icefish Pseudochaenichthus georgianus | Zone: FAO 48.3 Antarctic SGI/F483. | |
| --- | --- | --- |
| TAC | 300 (1) | |
| (1) TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed. | ||
| Species: Grenadier Macrourus spp. | Zone: FAO 58.5.2 Antarctic GRV/F5852. | |
| --- | --- | --- |
| TAC | 360 (1) | |
| (1) TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed. | ||
| Species: Other species | Zone: FAO 58.5.2 Antarctic OTH/F5852. | |
| --- | --- | --- |
| TAC | 50 (1) | |
| (1) TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed. | ||
| Species: Skates and rays Rajidae | Zone: FAO 58.5.2 Antarctic SRX/F5852. | |
| --- | --- | --- |
| TAC | 120 (1) (2) | |
| (1) TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed. (2) For the purposes of this TAC, skates and rays to be counted as one single species. | ||
| Species: Squid Martialia hyadesi | Zone: FAO 48.3 Antarctic SQS/F483. | |
| --- | --- | --- |
| TAC | 2 500 (1) | |
| (1) This TAC is applicable for the period 1 December 2005 to 30 November 2006. |
ANNEX II
ANNEX IIA
1. Scope
The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board any of the gears defined in point 4 and present in Area IV and Divisions IIa (EC waters) , IIIa, VIa, VIIa and VIId. For the purposes of this Annex, a reference to the year 2006 means the period from 1 February 2006 to 31 January 2007.
2. Definitions of geographical areas
2.1.For the purposes of this Annex, the geographical area, representing all of following areas, shall apply:
(a) Kattegat
(b) Skagerrak, Area IV, and Divisions IIa (EC waters), and VIId
(c) Division VIIa
(d) Division Via
2.2.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 of ICES Division VIa shall apply:
Division VIa excluding that part of Division VIa that lies to the west of a line drawn by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
3. Definition of days present within an area
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 2 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.
4. Definition of fishing gear
For the purpose of this Annex, the following groupings of fishing gears shall apply:
(a) Trawls, Danish seines and similar gears, except beam trawls, of mesh size: (i) equal to or larger than16 mm and less than 32 mm; (ii) equal to or larger than 70 mm and less than 90 mm; (iii) equal to or larger than 90 mm and less than 100 mm; (iv) equal to or larger than 100 mm and less than 120 mm; (v) equal to or larger than 120 mm;
(b) Beam trawls of mesh size: (i) equal to or larger than 80 mm and less than 90 mm; (ii) equal to or larger than 90 mm and less than 100 mm; (iii) equal to or larger than 100 mm and less than 120 mm; (iv) equal to or larger than 120 mm;
c. Gillnets, entangling nets with mesh size, except trammel nets: (i) less than 110 mm; (ii) equal to or larger than 110 mm and less than 220 mm; (iii) equal to or larger than 220 mm;
(d) Trammel nets.
(e) Longlines.
IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
5. Obligations of the Member States
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 an area defined in point 2 for no more than the number of days set out in point 8.
6. Levels of fishing effort
6.1.A Member State shall not permit fishing with a gear defined in point 4 in any areas defined in point 2 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004 or 2005 in that area excluding the record of fishing activities as a result of transfer of days between fishing vessels 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.
6.2A vessel flying the flag of a Member State having no quotas in an area defined in point 2 shall not be permitted to fish with a gear defined in point 4 in that area, unless the vessel is allocated a quota after a transfer as permitted according to Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 15 of this Annex.
7. Calculation of fishing effort
A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex any days when the vessel was present within an area but unable to fish because it was assisting another vessel in need of emergency aid nor any days when the vessel has been present within an area but unable to fish because it is transporting an injured person 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 competent authorities.
8. Maximum number of days
8.1.For the purpose of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:
(a) The vessel must comply with the conditions laid down in Appendix 1
(b) The vessel must comply with the conditions laid down in Appendix 2
(c) The total landings of cod in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.
(d) The total landings of cod, sole and plaice in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.
(e) The total landings in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% cod and more than 60% plaice of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.
(f) The total landings in 2002 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, must represent less than 5% cod and more than 5% turbot and lumpsucker of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.
(g) The vessel must be equipped with a trammel net of mesh size ≤ 110 mm and must be absent from port for no more than 24 hours at a time.
(h) The vessel must fly the flag and be registered in a Member State having developed a system, approved by the Commission, of automatic suspension of fishing licences in respect of infringements by vessels qualifying for this special condition.
(i) The vessel shall have been present in the area in the year 2003, 2004 or 2005 with fishing gear on board referred to in point 4.b. In 2006 the quantities of cod retained on board shall represent less than 5 % of the total landings of all species made by the vessel according to the landings in live weight recorded in the Community logbook. During a management period when a vessel is making use of this provision the vessel may not at any time carry on board fishing gear other than that specified in points 4.b.iii or 4.b.iv.
(j) The vessel must comply with conditions laid down in Appendix 3.
(k) The total landings in 2002 made by the vessel or by the vessels using similar gears and qualifying for this special condition mutatis mutandis that it has replaced in accordance with Community law, must represent less than 5% cod and more than 60% plaice of the total landings in live weight consigned in the Community logbook during the May - October period. At least 55% of the maximum number of days available under this special condition shall apply in the area east of 4°30'W in the months of May to October inclusive.
8.2.The maximum number of days per year for which a vessel may be present within any one of the areas defined as in point 2 having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.
8.3.The maximum number of days per year for which a vessel may be present within any combination of areas defined in point 2 may not be higher than the highest number of days allocated for one of the areas composing it.
8.4.A day present within an area defined in point 2 of this Annex shall also count against the total number of days present within the area defined in point 1 of Annex IIC for a vessel operating with the same gear categories.
8.5.Where a vessel crosses between two or more 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.
9. Management periods
9.1.A Member State may divide the days within an area given in Table I into management periods of durations of one or more calendar months.
9.2.The number of days for which a vessel may be present within any of the areas defined in point 2 during a management period shall be fixed at the discretion of the Member State concerned.
9.3.In any given management period a vessel that has used the number of days present within the area 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 18.
10. Allocation of additional days for permanent cessation of fishing activities
10.1.An additional number of days on which a vessel may be present within the area 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 2002 either 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 (31) or resulting from other circumstances duly motivated by Member States. The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question shall be compared to 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. This point shall not apply where a vessel has been replaced in accordance with point 6.2.
10.2.Member States wishing to benefit from the allocations referred to in point 10.1. shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question.
10.3.On the basis of such a request the Commission may amend the number of days defined in point 8.2. for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
10.4.Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2006.
11. Allocation of additional days for enhanced observer coverage
11.1Three additional days on which a vessel may be present within the area when carrying onboard any of the gears referred to in point 4 may be allocated in 2006 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition.
11.2Member States wishing to benefit from the allocations referred to in point 11.1 shall submit a description of their enhanced observer coverage programme.
11.3On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.2 for that Member State and for the area and gear grouping concerned in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
12. Conditions for derogations from the normal allocation of days
12.1The special fishing permit referred to in Article 7(3) for any vessel benefiting of any special conditions listed in point 8.1. shall identify such conditions.
12.2If an additional number of days is allocated to a vessel resulting from compliance with any of the special conditions listed in points 8.1.(b), (c), (d), (e), (f) or (k), the catches taken by that vessel and retained on board shall consist of no more than the percentage of those species referred to in these points. The vessel shall not tranship any fish to another vessel. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days.
TABLE I
Maximum days a vessel may be present in 2006 within an area by fishing gear Areas as defined in point: Gear group Point 4 Special condition Point 8 Denomination (1) 2.1.a Kattegat 2.1.b 1 — Skaggerak 2 — II, IVa,b,c 3 — VIId 2.1.c VIIa 2.1.d VIa 1 2 3 4.a.i
Trawls or Danish seines with mesh size ≥ 16 and < 32 mm 228 (2) 228 (2) 228 228 4.a.ii
Trawls or Danish seines with mesh size ≥ 70 and < 90 mm n.r. n.r. 227 227 227 4.a.iii
Trawls or Danish seines with mesh size ≥ 90 and < 100 mm 103 103 227 227 227 4.a.iv
Trawls or Danish seines with mesh size ≥ 100 and < 120 mm 103 103 114 91 4.a.v
Trawls or Danish seines with mesh size ≥ 120 mm 103 103 114 91 4.a.iii 8.1.a Trawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window 137 137 227 227 227 4.a.iv 8.1.a Trawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window 137 137 103 114 91 4.a.v 8.1.a Trawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window 137 137 103 114 91 4.a.v 8.1.j Trawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window 149 149 115 126 103 4.a.ii 8.1.b Trawls or Danish seines with mesh size ≥ 70 and < 90 mm complying with the conditions laid down in Appendix 2 Unlimited Unlimited Unl. Unl. 4.a.iii 8.1.b Trawls or Danish seines with mesh size ≥ 90and < 100 mm complying with the conditions laid down in Appendix 2 Unlimited Unlimited Unl. Unl. 4.a.iv 8.1.c Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod 148 148 148 148 4.a.v 8.1.c Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod 160 160 160 160 4.a.iv 8.1.k Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice n.r. n.r. 166 n.r. 4.a.v 8.1.k Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice n.r. n.r. 178 n.r. 4.a.v 8.1.h Trawls or Danish seines with mesh size ≥ 120 mm operating under a system of automatic suspension of fishing licences 115 115 126 103 4.a.ii 8.1.d Trawls or Danish seines with mesh size ≥ 70 and < 90 mm track records represent less than 5 % of cod, sole and plaice 280 280 280 280 4.a.iii 8.1.d Trawls or Danish seines with mesh size ≥ 90 and < 100 mm track records represent less than 5 % of cod, sole and plaice Unlimited Unl. 280 280 280 4.a.iv 8.1.d Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records represent less than 5 % of cod, sole and plaice Unlimited Unlimited Unl. Unl. 4.a.v 8.1.d Trawls or Danish seines with mesh size > 120 mm track records represent less than 5 % of cod, sole and plaice Unlimited Unlimited Unl. Unl. 4.a.v 8.1.h 8.1.j Trawls or Danish seines with mesh size > 120 mm with a 140 mm square mesh window and operating under a system of automatic suspension of fishing licenses n.r. n.r. 127 138 115 4.b.i
Beam trawls with mesh size ≥ 80 and < 90 mm n.r. 143 (2) Unl. 143 143 (2) 4.b.ii
Beam trawls with mesh size ≥ 90 and < 100 mm n.r. 143 (2) Unl. 143 143 (2) 4.b.iii
Beam trawls with mesh size ≥ 100 and < 120 mm n.r. 143 Unl. 143 143 4.b.iv
Beam trawls with mesh size ≥ 120 mm n.r. 143 Unl. 143 143 4.b.iii 8.1.c Beam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod n.r. 155 Unl. 155 155 4.b.iii 8.1.i Beam trawls with mesh size ≥ 100 and < 120mm for vessels having used beam trawls in 2003, 2004 or 2005 n.r. 155 Unl. 155 155 4.b.iv 8.1.c Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod n.r. 155 Unl. 155 155 4.b.iv 8.1.i Beam trawls with mesh size ≥ 120 mm for vessels having used beam in 2003, 2004 or 2005 n.r. 155 Unl. 155 155 4.b.iv 8.1.e Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice n.r. 155 Unl. 155 155 4.c.i 4.c.ii 4.c.iii 4.d
Gillnets and entangling nets with mesh sizes: — < 110 mm — ≥ 110 mm and < 220 mm — ≥ 220 mm and trammel nets 140 140 140 140 4.c.iii 8.1.f Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker 162 140 162 140 140 140 4.d 8.1.g Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h 140 140 205 140 140 4.e
Long-lines 173 173 173 173 (1) Only the denominations in points 4 and 8 are used. (2) Application of Regulation (EC) No 850/98 where restrictions exist. n.r. means non relevant.
EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN AN AREA
14. Transfer of days between fishing vessels flying the flag of a Member State
14.1.According to provisions laid down in point 6, a Member State may permit any fishing vessels flying its flag to transfer days present within a area referred to in point 2 for which it is eligible to another vessel flying its flag provided that the product of the days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and 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.
14.2.The total number of days present within an area referred to in point 2 under point 14.1. 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 excluding transfers from other vessels in that area as verified by the Community logbook in the years 2001, 2002, 2003 and 2004 multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the area definition of West of Scotland as defined in point 2.2 its track record calculation will be based on this area definition.
For the purposes of this point, the recipient vessel is deemed to use its own allocated days before any days transferred to it. Transferred days used by the recipient vessel are counted towards the track record of the donor vessel.
14.3.For the purposes of this Annex and referring to the areas defined in point 2 and the groupings of fishing gears defined in point 4, the following transfer groups shall be defined:
(a) grouping of fishing gears 4.a.i within any area;
(b) groupings of fishing gears 4.a.ii within any area and 4.a.iii in Area IV, Divisions IIa (EC waters) VIa, VIIa and VIId;
(c) groupings of fishing gears 4.a.iii in Kattegat and Skagerak, 4.a.iv and 4.a.v within any area;
(d) groupings of fishing gears 4.b.i, 4.b.ii, 4.b.iii, and 4.b.iv within any area;
(e) groupings of fishing gears 4.c.i, 4.c.ii, 4.c.iii and 4.d within any area;
(f) grouping of fishing gears 4.e within any area.
14.4.The transfer of days as described in point 14.1. shall only be permitted between vessels operating within the same transfer group 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.
14.5.No transfer of days from vessels benefiting from the allocation under conditions referred to in points 8.1. and 17 is permitted.
14.6.On request from the Commission, Member States shall provide information on the transfers that have taken place. With the purpose of making this information available to the Commission, a detailed format of spreadsheet may be adopted, in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
15. Transfer of days between fishing vessels flying the flag of different Member States
Different Member States may permit transfer of days present within an area for the same management period and within the same area between any fishing vessels flying their flags provided the same provisions as laid down in points 6.1, 6.2, 7 and 14 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission before such transfers take place of the transfer expressed in number of days and in fishing effort and the quotas relating thereto.
USE OF FISHING GEAR
16. Notification of fishing gear
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.
17. Use of more than one grouping of fishing gear
17.1.A vessel may use gears belonging to more than one grouping of fishing gears defined under point 4 during one management period.
17.2Whenever the master of a vessel or his representative notifies the use of more than one of the groupings of fishing gears defined under point 4, the total number of days available during the year shall be no more than the arithmetic mean of the days corresponding to each gear grouping in accordance with Table I, rounded down to the nearest whole day.
17.2.a.If one of the gear groupings notified has no limitation in number of days, then the total number of days available during the year for this particular gear grouping shall remain unlimited.
17.2.b.At any moment, a vessel may use one of the gear groupings notified, which have a limited number of days, subject to the condition that the total number of days spent fishing with whichever gear grouping since the beginning of the year shall be:
(a) no more than the number of days available under point 17.2; and
(b) no more than the number of days that would be allocated if that gear was used in isolation in accordance with Table I.
17.2.c.Whenever a Member State chooses to divide the days into management periods in accordance with point 9, the conditions of points 17.2, 17.2.a. and 17.2.b. shall apply mutatis mutandis for each future management period. If a Member State has chosen one management period of the duration of a year, the conditions of points 17.2.a. and 17.2.b. shall not apply.
17.3.The option to use more than one gear shall only be available if the following additional monitoring arrangements are met:
(a) during a given trip the fishing vessel may carry on board or use only one of the fishing gears referred to in point 4, except as provided for in point 19.2;
(b) 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 or used unless the type of fishing gear has not changed from the one notified for the previous trip.
17.4.Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the requirements referred to in point 17.3. Any vessel found not to be complying with these requirements shall with immediate effect no longer be permitted to use more than one grouping of fishing gears.
18. Combined use of regulated and unregulated fishing gear
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.
19. Prohibition of carrying on board more than one regulated fishing gear
19.1.A vessel which is present within any of the areas defined in point 2 and carrying on board a fishing gear belonging to one of the groupings of fishing gears referred to in point 4 may not simultaneously carry on board any gear belonging to one of the other groupings of fishing gears referred to in point 4.
19.2.By way of derogation from point 19.1 a vessel may carry on board in an area referred to in point 2 fishing gears belonging to different groupings of fishing gears if the number of days allocated to these gear groups in that area is identical.
NON-FISHING RELATED ACTIVITIES AND TRANSIT
20. Non-fishing related activities
In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 8, 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.
21. Transit
A vessel 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 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.
VESSEL MONITORING SYSTEMS OBLIGATIONS
22. Recording of relevant data
Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Commission Regulation (EC) No 2244/2003 are recorded in a computer-readable form:
(a) entry into, and exit from port;
(b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
23. Cross-checks
Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.
REPORTING OBLIGATIONS
24. Collection of relevant data
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 collect for each quarter the information about total fishing effort deployed in the areas defined in point 2 for towed gears, static gears and demersal longlines and effort deployed by vessels using different types of gear in the areas concerned by this Annex.
25. Communication of relevant data
25.1.On request from the Commission, Members States shall make available to it a spreadsheet with the data referred to in point 24 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.
25.2.A new format of spreadsheet for making the data referred to in point 24 available to the Commission may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
Appendix 1 to Annex IIA
1.A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.
2.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an exit window as specified in point 3 of this appendix. The gear shall be approved by the national inspectors before commencing fishing.
3.Escape window
3.1.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 six metres from cod-line. The joining rate shall be two diamond meshes to one square mesh.
3.2.The window shall be at least three meters 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 bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the cod-end.
3.3.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.
Appendix 2 to Annex IIA
1.A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.
2.When holding the special fishing permit the vessel shall only keep on board and use a towed net with grid designated to separate Norway lobster from round fish as specified in point 3 of this appendix or any other devices with similar proven selective properties. The gear shall be approved by the national inspectors before commencing fishing.
3.Grid
3.1.The grid shall be rectangular. The bars of the grid shall be parallel to the longitudinal axis of the grid. The bar spacing of the grid shall not exceed 35 mm. It shall be permitted to use one or more hinges in order to facilitate the storage on the net drum.
3.2.The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to 10 metres up in the extension piece. All sides of the grid shall be attached to the trawl.
3.3.In the upper panel of the trawl there shall be an unblocked fish outlet in immediate connection to the upper side of the grid. The opening of the fish outlet shall have the same width in the posterior side as the width of the grid and shall be cut out to a tip in the anterior direction along mesh bars from both sides of the grid.
3.4.It shall be permitted to attach in front of the grid a funnel to lead the fish towards the trawl floor and grid. The minimum mesh size of the funnel shall be the minimum mesh size of the codend. The minimum vertical opening of the guiding funnel towards the grid shall be 30 centimetres. The width of the guiding funnel towards the grid shall be the grid width.
4.For vessels holding a special fishing permit referred to in point 12.1. of this annex the catch retained onboard shall consist of less than 5 % of cod and more than 70 % of Norway lobster.
Appendix 3 to Annex IIA
1.A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.
2.When holding the special fishing permit the vessel shall only keep on board and use a towed net with an exit window as specified in point 3 of this appendix. The gear shall be approved by the national inspectors before commencing fishing.
3.Escape window
3.1.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 cod-line. The joining rate shall be two diamond meshes to one square mesh.
3.2.The window shall be at least three meters in length. The meshes shall have a minimum opening of 140 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.
3.3.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 IIB
1. Scope
The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board towed and static gears defined in point 3 and present in Divisions VIIIc and IXa excluding the Gulf of Cadiz. For the purposes of this Annex, a reference to the year 2006 means the period from 1 February 2006 to 31 January 2007
2. Definition of days present within an area
For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.
3. Definition of fishing gear
For the purpose of this Annex, the following groupings of fishing gears shall apply:
(a) Trawls, Danish seines and similar gears of mesh size: (i) equal to or larger than 32 mm and less than 55 mm; (ii) equal to or larger than 55 mm;
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