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
(b) Gill-nets of mesh size: (i) equal to or larger than 60 mm and less than 80 mm; (ii) equal to or larger than 80 mm;
(c) Bottom long-lines.
IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
4. Obligations of the Member States
Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days specified in point 7.
5. Levels of fishing effort
5.1.A Member State shall not permit fishing with a gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002,2003, 2004 or 2005 in the 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 regulated area.
However, a vessel with a track record of using a gear defined in point 3 may be authorised to use a different gear defined in point 3, 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.
5.2A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish with a gear defined in point 3 in that area, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20 (5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 13 of this Annex.
6. Calculation of fishing effort
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 present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the 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 the competent authorities.
NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS
7. Maximum number of days
7.1.For the purposes 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 total landings of hake in any of the years 2001, 2002 and 2003 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, shall represent less than 5 tonnes according to the landings in live weight consigned in the Community logbook, and;
(b) The total landings of Norway lobster in any of the years 2001, 2002 and 2003 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, shall represent less than 2,5 tonnes according to the landings in live weight consigned in the Community logbook.
7.2.The maximum number of days 2006per year for which a vessel may be present within the area having carried on board any one of the fishing gears referred to in point 3 is shown in Table I.
8. Management periods
8.1.A Member State may divide the days present within the area given in Table I into management periods of durations one or more calendar month.
8.2.The number of days for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned
8.3.In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 7, 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.
9. Allocation of additional days for permanent cessations of fishing activities
9.1.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 3 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 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area 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. . This point shall not apply where a vessel has been replaced in accordance with point 5.2.
9.2.Member States wishing to benefit from the allocations referred to in point 9.1. shall submit a request to the Commission with reports containing the details of permanent cessations of fishing activities in question.
9.3.On the basis of such a request the Commission may amend the number of days defined in point 7.2. for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
10. Allocation of additional days for enhanced observer coverage
10.1.Three 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.
10.2.Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their enhanced observer coverage programme.
10.3.On 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.
11. Conditions for derogations from the normal allocation of days
11.1If a vessel has received an additional number of days resulting from compliance with the special conditions listed in points 7.1(a) and 7.1(b) the vessel's landings shall not in 2006 exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster.
11.2.The vessel shall not tranship any fish at sea to another vessel.
11.3.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.
| Gear group point 3 | Special conditions point 7 | Denomination (1) | Maximum number of days |
|---|---|---|---|
| 3.a.i | Bottom trawls of mesh size ≥32 and <55 mm | 240 | |
| 3.a.ii | Bottom trawls of mesh size equal or larger than 55 mm | 240 | |
| 3.b.i | Gill-nets of mesh size ≥ 60 and <80 mm | 240 | |
| 3.c | Bottom long-lines | 240 | |
| 3.a.i | 7.1(a) and 7.1(b) | Bottom trawls of mesh size ≥32 and <55 mm | Unlimited |
| 3.a.ii | 7.1(a) and 7.1(b) | Bottom trawls of mesh size ≥ 55 mm | unlimited |
| 3.b.i | 7.1(a) | Gill-nets of mesh size ≥ 60 and <80 mm | Unlimited |
| 3.c | 7.1(a) | Bottom long-lines | Unlimited |
| (1) Only the denominations in points 3 and 7 are used. |
EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE AREA
12. Transfer of days between vessels flying the flag of a Member State
12.1.According to provisions laid down in point 5, a Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it is eligible to another vessel flying its flag 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 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.
12.2.The total number of days present within the area transferred under point 12.1. 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 in the area as verified by the Community logbook in the years 2001, 2002 and 2003 and 2004, multiplied by the engine power in kilowatts of that vessel.
12.3.The transfer of days as described in 12.1. shall be permitted only between vessels operating within the same gear group and during the same management period.
12.4.No transfer of days from vessels benefiting from the allocation referred to in point 7.1 shall be permitted.
12.5.On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in the present point may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
13. Transfer of days between fishing vessels flying the flag of different Member States
Member States may permit transfer of days present within the area referred to in point 1 for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 5.1., 5.2., 6 and 12. Where Member States decide to authorize such a transfer, as a preliminary they shall notify the Commission not only of that transfer expressed in number of days and in fishing effort but also expressed in fishing quotas relating thereto, as agreed between them.
USE OF FISHING GEAR
14. Notification of fishing gear
14.1.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 with any of the gears referred to in point 3.
14.2Point 14.1 shall not apply to fishing vessels authorised by a Member State to use only one of the gear types defined in point 3.
15. 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 3 (regulated gears) with any other fishing gears not referred to in point 3 (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 3 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity.
16. 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.
MONITORING, INSPECTION AND SURVEILLANCE
17. 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.
18. 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
19. Collection of relevant data
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect, for each quarter the information about total fishing effort deployed within the area defined in point 1 for towed gears, static gears and longlines and effort deployed by vessels using different types of gear in the area concerned by this Annex.
20. Communication of relevant data
20.1.On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 19 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.
20.2.A new format of spreadsheet for making the data referred to in point 19 available to the Commission may be adopted in accordance with the procedure referred to laid down in Article 30(2) of Regulation (EC) No 2371/2002.
ANNEX IIC
1. Scope
1.1.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 3, and present in Division VIIe. For the purposes of this Annex, a reference to the year 2006 means the period from 1 February 2006 to 31 January 2007.
1.2.Vessels fishing with static nets greater than 120 mm and with track records of less than 300 kg live weight of sole according to the EC logbook in 2004 shall be exempt from the provisions of this Annex on the conditions that:
(a) such vessels catch less than 300 kg live weight of sole in 2006, and
(b) such vessels do not tranship any fish at sea to another vessel, and
(c) each Member State concerned submit a report to the Commission by 31 July 2006 and 31 January 2007 on these vessels' track records for sole in 2004 and catches of sole in 2006.
When either of these conditions is not met, the concerned vessels shall with immediate effect no longer be exempted from the provisions of this Annex.
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 Division VIIe 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 purposes 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 nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm.
IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
4. Obligations of the member States
Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days set out in point 7.
5. Levels of fishing effort
5.1.A Member State shall not permit fishing with a gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004 or 2005 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 3 may be authorised to use a different gear defined in point 3, 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.
5.2.A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish with a gear defined in point 3 in that area, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 13 of this Annex.
6. Calculation of the fishing effort
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 present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the 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 the competent authorities.
NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS
7. Maximum number of days
7.1.The maximum number of days per year for which a vessel may be present within the area having carried on board and used any one of the fishing gears referred to in point 3 is shown in Table I.
7.2.The number of days per year for which a vessel is present within the total area covered by this Annex and Annex IIA 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 covered in Annex IIA shall comply with the maximum number fixed in accordance with Annex IIA.
8. Management periods
8.1.Member States may divide the days present within the area given in Table I into management periods of durations of one or more calendar months.
8.2.The number of days for which a vessel may be present within the area during a management period shall be fixed at the discretion of Member States concerned.
8.3.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 the area for the remainder of the management period unless using a gear for which no maximum number of days has been fixed
9. Allocation of additional days for permanent cessations of fishing activities
9.1.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 3 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 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. 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. This point shall not apply where a vessel has been replaced in accordance with point 5.2
9.2.Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details the permanent cessations of fishing activities in question.
9.3.On the basis of such a request the Commission may amend the number of days defined in point 7.1 for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
10. Allocation of additional days for enhanced observer coverage
10.1Three additional days on which a vessel may be present within the area when carrying on board any of the gears referred to in point 3 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.
10.2Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their enhanced observer coverage programme.
10.3On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7 for the Member State concerned 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.
| Gear group point 3 | Denomination (1) | Western Channel |
|---|---|---|
| 3.a | Beam trawls of mesh size ≥ 80 mm | 216 |
| 3.b | Static nets with mesh size < 220 mm | 216 |
| (1) Only the denominations in point 3. |
EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE AREA
12. Transfer of days between fishing vessels flying the flag of a Member State
12.1.In accordance with the provisions laid down in point 5, a Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it is eligible to another of its vessels flying its flag within the area 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.
12.2.The total number of days present within the area transferred under point 12.1. 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 in the 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.
12.3.The transfer of days as described in point 12.1. shall be permitted only between vessels operating within the same gear grouping referred to in point 3. and during the same management period.
12.4.On request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
13. Transfer of days between fishing vessels flying the flag of different Member States
Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 5.1., 5.2, 6 and 12. Where Member States decide to authorize such a transfer, as a preliminary they shall notify the Commission not only of that transfer expressed in number of days and in fishing effort but also expressed in fishing quotas relating thereto, as agreed between them.
USE OF FISHING GEAR
14. 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 area defined in point 1 with any of the gears referred to in point 3.
15. 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 7, 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.
16. Transit
A vessel shall be allowed to transit across the area provided that it has no fishing permit to operate in the area or 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.
MONITORING, INSPECTION AND SURVEILLANCE
17. Fishing effort messages
Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the fishing gears defined in point 3 and operating in the area defined in point 1. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements.
18. Recording of relevant data
Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of 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.
19. 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.
20. Alternative control measures
Member States may implement alternative control measures to ensure compliance with the obligations referred in point 17 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.
21. Prior notification of transhipments and landings
The master of a Community 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.
22. Margin of tolerance in the estimation of quantities reported in the logbook
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 17 shall be 8 % of the logbook figure. Where 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.
23. Separate stowage
When quantities of sole 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 Sole mixed with any other species of marine organism. The masters of Community vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of sole retained on board to be cross checked.
24. Weighing
24.1.The competent authorities of a Member State shall ensure that any quantity of sole exceeding 300 kg caught in the area shall be weighed using auction room scales before sale.
24.2.The competent authorities of a Member State may require that any quantity of sole exceeding 300 kg caught in the area and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing.
25. Transport
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 7 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.
26. Specific monitoring programme
By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks in fisheries referred to in Article 7 may last more than two years from their date of entry into force.
REPORTING OBLIGATIONS
27. Collection of relevant data
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.
28. Communication of relevant data
28.1.On request of the Commission, Members States shall make available to it a spreadsheet with the data referred to in point 27 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.
28.2.A new format of spreadsheet may be adopted for the purpose of making the data referred to in point 27 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.
ANNEX IID
1.The conditions laid down in this Annex shall apply to Community vessels fishing in Division IIIa, Division IIa (EC waters) and Subarea IV with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm.
2.For the purposes of this Annex a day present within the area 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 or;
(b) any continuous period of 24 hours as recorded in the Community logbook between the date and time of departure and the date and time of arrival or any part of any such time period.
3.Each Member State concerned shall, not later than 1 March 2006, establish a data base containing for Subarea IV and Division IIIa, for each of the years 2002, 2003 and 2004 and for each vessel flying its flag or registered within the Community which have been fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, the following information:
(a) the name and internal registration number of the vessel;
(b) the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC) No 2930/86;
(c) the number of days present within the area when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm;
(d) the kilowatt-days as the product of the number of days present within the area and the installed engine power in kilowatts.
4.The following quantities shall be calculated by each Member State:
(a) the total kilowatt-days for each year as the sum of the kilowatt-days calculated in point 3(d);
(b) the average kilowatt-days for the period 2002 to 2004.
5.Each Member State shall ensure that the number of kilowatt-days in 2006 for vessels flying its flag or registered in the Community does not exceed the level in 2003 as calculated in point 4(a).
6.The maximum number of kilowatt-days referred to in point 5 and the TAC and quotas for sandeel in zones IIa (EC waters), IIIa, and IV (EC waters) as laid down in Annex I to this Regulation shall be revised by the Commission as early as possible based on advice from the STECF on the size of the 2005 year class of North Sea sandeel, in accordance with the following rules:
(a) where STECF estimates the size of the 2005 year class of North Sea sandeel to be at or above 500 000 million individuals at age 0, no restrictions in kilowatt-days shall apply for the remaining of 2006 and the TAC for 2006 shall be fixed at 600 000 tonnes;
(b) where STECF estimates the size of the 2005 year class of North Sea sandeel to be between 300 000 million and 500 000 million individuals at age 0, the number of kilowatt-days shall not exceed the level in 2003 as calculated in point 4(a) and the TAC for 2006 shall be fixed at 300 000 tonnes;
(c) where STECF estimates the size of the 2005 year class of North Sea sandeel to be below 300 000 million individuals at age 0, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remainder of 2006. However, a limited fishery shall be allowed in order to monitor the sandeel stocks in ICES Division IIIa and Subarea IV and the effects of the closure. To this end the Member States concerned shall, in cooperation with the Commission, develop a plan for the monitoring fishery.
ANNEX III
Part A
North Atlantic including the North Sea, Skagerrak and Kattegat
1. Landing and weighing procedures for herring, mackerel and horse mackerel
1.1.1.The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in:
(a) for herring, ICES Subareas I, II, IV, VI and VII and Divisions III a, and Vb;
(b) for mackerel and horse mackerel, in ICES Subareas III, IV, VI and VII and Division IIa.
1.2.1.Landings referred to in point 1.1 are only permitted in designated ports.
1.2.2.Each Member State concerned shall transmit to the Commission changes in the list, transmitted in 2004, of designated ports in which landings of herring, mackerel and horse mackerel may take place and, changes in inspection and surveillance procedures for those ports including the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in point 1.1.1. within each landing. Those changes shall be transmitted at least 15 days before they enter into force. The Commission shall transmit this information as well as ports designated by third countries to all Member States concerned
1.3.1.The master of a fishing vessel referred to in point 1.1.1. or his agent shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing of the Member State concerned of the following:
(a) the port he intends to enter, the name of the vessel and its registration number;
(b) the estimated time of arrival at that port;
(c) the quantities in kilograms live weight by species retained on board;
(d) the management area in accordance with Annex I to this Regulation where the catch was taken.
1.4.1.The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so.
1.5.1.By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook to the competent authority at the port of landing.
The quantities retained on board, notified prior to landing as referred to in point 1.3.1.(c), shall be equal to the quantities recorded in the logbook after its completion.
By way of derogation from the provisions of Article 5 (2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 8 %.
1.6.1.All buyers purchasing fresh fish shall ensure that all quantities received are weighed on systems approved by the competent authorities. The weighing shall be carried out prior to the fish being sorted, processed, held in storage and transported from the port of landing or resold. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and take-over declarations.
1.6.2.When determining the weight any deduction for water shall not exceed 2 %.
1.7.1.By way of derogation from point 1.6.1. Member States may permit fresh fish to be weighed after transport from the port of landing provided that the fish is transported to a destination on the territory of the Member State no more than 100 kilometres from the port of landing and that:
(a) the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed, or
(b) approval is given by the competent authorities at the place of landing to transport the fish subject to the following provisions: (i) immediately prior to the tanker leaving the port of landing, the buyer or his agent shall provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it is to be discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed as well as the estimated time of arrival of the tanker at the destination; (ii) a copy of the declaration provided for in (i) shall be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination.
1.8.1.All buyers or holders of frozen fish shall ensure that the quantities landed are weighed prior to the fish being processed, held in storage, transported from the port of landing or resold. Any tare weight equal to the weight of boxes, plastic or other containers in which the fish to be weighed is packed may be deducted from the weight of any quantities landed.
1.8.2.Alternatively, the weight of frozen fish packed in boxes may be determined by multiplying the average weight of a representative sample based on weighing the contents removed from the box and without plastic packaging whether or not after the thawing of any ice on the surface of the fish. Member States shall notify to the Commission for approval any changes in their sampling methodology approved by the Commission during 2004. Changes shall be approved by the Commission. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and take-over declarations.
1.9.1.In addition to the provisions of Article 9 (5) of Regulation (EC) No 2847/93 the processor or buyer of all fish landed shall submit a copy of the sales note or take-over declaration to the competent authorities of the Member State concerned on demand but in any event no later than 48 hours after the completion of the weighing.
1.10.1.In cases where publicly operated weighing facilities are used the party weighing the fish shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or take-over declaration.
1.10.2.In cases where privately operated weighing facilities are used the system shall be approved, calibrated and sealed by the competent authorities and be subject to the following provisions:
(a) the party weighing the fish shall keep a paginated weighing logbook indicating: (i) the name and registration number of the vessel from which the fish has been landed, (ii) the identity number of the tankers in cases where fish has been transported from the port of landing before weighing, (iii) the species of fish, (iv) the weight of each landing, (v) the date and time of the beginning and end of the weighing.
(b) where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. Such cumulative total shall be recorded in the paginated logbook referred to in point (a);
(c) the weighing logbook and the copies of written declarations provided for in point 1.7.1. (b) (ii) shall be kept for three years.
The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.
1.12.1.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 1.3.1 and the quantities recorded in the vessel's logbook,
(b) quantities by species recorded in the vessel's logbook and the quantities recorded in the landing declaration,
(c) quantities by species recorded on the landing declaration and the quantities recorded in the take-over declaration or the sales note.
1.13.1.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 1.12 cross verification between the following: (i) quantities by species recorded in the weighing logbook and the quantities by species recorded in the take-over declaration or the sales note; (ii) the written declarations received by the competent authorities pursuant to point 1.7.1. (b) (i) and the written declarations held by the receiver of the fish pursuant to point 1.7.1 (b) (ii); (iii) identity numbers of tankers that appear in the written declarations provided for in point 1.7.1 (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.
1.14.1.All inspection activities covered by point 1 shall be documented. Such documentation shall be kept for 3 years.
2. Fishing for herring in ICES Division 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.
3. Technical conservation measures in the Skagerrak and in the Kattegat
By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 1 to this Annex shall apply.
4. Restrictions on fishing for Cod
Until 31 December 2006, it shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
From 1 February 2006 until 31 March 2006, it shall be prohibited to conduct any fishing activity in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.
(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.
(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.
5. Closure of an area for sandeel fisheries
5.1.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, which shall be measured according to the WGS84 coordinate system:
— the east coast of England at latitude 55o30'N,
— latitude 55o30'N, longitude 1o00'W,
— latitude 58o00'N, longitude 1o00'W,
— latitude 58o00'N, longitude 2o00'W,
— the east coast of Scotland at longitude 2o00'W.
5.2.Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.
6. Rockall Haddock box
All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
| Point No | Latitude | Longitude |
|---|---|---|
| 1 | 57o00'N | 15o00'W |
| 2 | 57o00'N | 14o00'W |
| 3 | 56o30'N | 14o00'W |
| 4 | 56o30'N | 15o00'W |
7. 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) (32) shall temporarily apply in 2006.
8. Use of gillnets in ICES Divisions VIa, b and VIIb, c, j, k and Subarea XII
8.1.For the purposes of this Annex, ‘Gillnet’ and ‘Entangling net’ means a gear made up of a single piece of net and held vertically in the water by floats and weights. It catches living aquatic resources by entangling or enmeshing.
8.2.For the purposes of this Annex, ‘Trammel net’ means a gear made up of two or more pieces of net hung jointly in parallel on a single headline and held vertically in the water.
8.3.Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in:
(a) ICES Divisions VIa, b and VII b, c, j, k
(b) ICES Subarea XII east of 27o W.
8.4.All nets referred to in points 8.1 and 8.2. shall be removed from the areas referred to in point 8.3. by 1 February 2006.
8.5.By way of derogation from points 8.3 and 8.4 vessels targeting hake may deploy gill-nets with a mesh size of 120 mm in the areas concerned at any position where the charted depth is less than 600 metres.
9. Condition for fisheries with certain towed gears authorized in the Bay of Biscay
By way of derogation of the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for recovery of the stock of hake in ICES subareas III, IV, V, VI and VII and ICES Divisions VIII a, b, d, e (33), it shall be permitted to conduct fishing activity using trawls, Danish seines and similar gears, except beam trawls, of mesh size range 70 to 99 mm in the area defined in Article 5(1)(b) of Regulation (EC) No 494/2002 if the gear is fitted with a square mesh window in accordance with Appendix 3 to this Annex.
10. Fishing effort for deep sea species
By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2006:
10.1.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.
10.2.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.
11. Interim measures for the protection of vulnerable deep-sea habitats
It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set 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:
— 52o 21.2866' N, 31o 09.2688' W
— 52o 20.8167' N, 30o 51.5258' W
— 52o 12.0777' N, 30o 54.3824' W
— 52o 12.4144' N, 31o 14.8168' W
— 52o 21.2866' N, 31o 09.2688' W
— 50o 01.7968' N, 29o 37.8077' W
— 49o 59.1490' N, 29o 29.4580' W
— 49o 52.6429' N, 29o 30.2820' W
— 49o 44.3831' N, 29o 02.8711' W
— 49o 44.4186' N, 28o 52.4340' W
— 49o 36.4557' N, 28o 39.4703' W
— 49o 29.9701' N, 28o 45.0183' W
— 49o 49.4197' N, 29o 42.0923' W
— 50o 01.7968' N, 29o 37.8077' W
— 55o 04.5327' N, 36o 49.0135' W
— 55o 05.4804' N, 35o 58.9784' W
— 54o 58.9914' N, 34o 41.3634' W
— 54o 41.1841' N, 34o 00.0514' W
— 54o 00.0'N, 34o 00.0' W
— 53o 54.6406' N, 34o 49.9842' W
— 53o 58.9668' N, 36o 39.1260' W
— 55o 04.5327' N, 36o 49.0135' W
— 44o 50.4953' N, 34o 26.9128' W
— 44o 47.2611' N, 33o 48.5158' W
— 44o 31.2006' N, 33o 50.1636' W
— 44o 38.0481' N, 34o 11.9715' W
— 44o 38.9470' N, 34o 27.6819' W
— 44o 50.4953' N, 34o 26.9128' W
— 43o 43.1307' N, 22o 44.1174' W
— 43o 39.5557' N, 22o 19.2335' W
— 43o 31.2802' N, 22o 08.7964' W
— 43o 27.7335' N, 22o 14.6192' W
— 43o 30.9616' N, 22o 32.0325' W
— 43o 40.6286' N, 22o 47.0288' W
— 43o 43.1307' N, 22o 44.1174' W
12. 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 450 g (gutted). Octopus under the minimum size of 450 g (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.
13. Vessels engaged in illegal, unreported and unregulated fisheries in the North-East Atlantic
13.1.The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries (the Convention) that have been sighted engaging in fishing activities in the Regulatory Area of the Convention and placed by the North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be undermining the Recommendations established under the Convention. The following measures shall apply to these vessels:
(a) 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 the Convention. 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 the vessels or participate in any transhipment or joint fishing operations with the vessels;
(c) the vessels shall not be supplied in ports with provisions, fuel or other services.
13.2.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 4. In addition to the measures referred to in point 13.1 the following measures shall apply to these vessels:
(a) IUU vessels shall be prohibited to enter a Community port;
(b) IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;
(c) imports of fish coming from IUU vessels shall be prohibited;
(d) 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.
13.3.The Commission shall amend the list of IUU vessels to be in accordance with the NEAFC IUU list as soon as NEAFC adopts a new IUU list.
14. Electric Fishing
By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical current shall be allowed under conditions to be established by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of advice from STECF.
Part B
Mediterranean
15. Temporary measure for mesh size and fishery activities
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 2006.
16. Dredges and trawl nets in deep-sea fisheries
The use of towed dredges and trawl nets fisheries at depths beyond 1 000 m shall be prohibited.
17. Establishment of GFCM record of vessels over 15 m
17.1.Before 1 June 2006 each Member State shall send the Commission, through the accustomed data-processing support, a list of the vessels of more than 15 metres overall length flying its flag and registered in its territory that it authorises to fish in the GFCM area by issue of a fishing permit.
17.2.The list indicated in paragraph 17.1. shall include the following information:
(a) vessel's Community fleet register number, and external marking as defined in Annex I to Regulation (EC) No 26/2004;
(b) period authorised for fishing and/or transhipment;
(c) fishing gears used.
17.3.The Commission shall send the list to the GFCM Executive Secretariat before 1 July 2006 so that these vessels can be entered on the GFCM register of vessels more than 15 metres in overall length authorised to fish in the GFCM Agreement area (hereinafter referred to as the ‘GFCM register’).
17.4.Any change to be made to the list indicated in paragraph 17.1. shall be notified to the Commission for transmission to the GFCM Executive Secretariat, the same procedure applying, at least 10 working days before the vessel begins fishing activity in the GFCM area.
17.5.Community fishing vessels more than 15 metres in overall length that are not entered on the list indicated in paragraph 17.1. shall not fish, retain on board, tranship or land any type of fish and shellfish within the GFCM area.
17.6.Member States shall take the necessary measures to ensure that:
(a) only vessels flying their flag that are included in the list indicated in paragraph 17.1. and hold on board a fishing permit issued by them are authorised, on the terms of the permit, to carry out fishing activities in the GFCM area;
(b) no fishing permit is issued to vessels that have carried out illegal, unregulated and unreported fishing (IUU fishing) in the GFCM area or elsewhere, unless the new owners provide adequate documentary evidence that the previous owners and operators have no longer any legal, beneficial or financial interest in, or exercise any control over, their vessels, or that their vessels neither take part in nor are associated with IUU fishing;
(c) to the extent possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list indicated in paragraph 17.1. from taking part in or being associated with fishing activities in the GFCM Agreement area by vessels not on the GFCM register;
(d) to the extent possible, their national legislation requires owners of vessels flying their flag that are included in the list indicated in paragraph 17.1. to be nationals or legal entities within the flag Member State;
(e) their vessels comply with all the relevant GFCM conservation and management measures.
17.7.Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of fish and shellfish caught in the GFCM area by vessels more than 15 metres in overall length that are not on the GFCM register.
17.8.Member States shall without delay pass on to the Commission any information showing that there are strong reasons for suspecting that vessels more than 15 metres in overall length that are not on the GFCM register are fishing for or transhipping fish and shellfish in the GFCM Agreement area.
Part C
Eastern Pacific Ocean
18. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)
18.1.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 2006, or, 20 November to 31 December 2006 in the area defined by the following limits:
— the Pacific coastlines of the Americas,
— longitude 150o W,
— latitude 40o N,
— latitude 40o S.
18.2.The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2006. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected.
18.3.As of the date of entry into force of this Regulation purse seiners fishing for tuna in the Regulatory Area of the IATTC 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.
18.4.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.
19. 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 FADs which are not being used in the fishery is also encouraged.
Part D
Highly migratory fish in Eastern Atlantic and the Mediterranean
20. Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea
20.1.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.
20.2.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.
21. 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.
22. Restrictions on the use of certain types of vessels and gears
22.1.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 points (a) and (b) below;
(a) the area is the following: Southern limit: parallel 0o South latitude Northern limit: parallel 5o North latitude Western limit: meridian 20o West longitude Eastern limit: meridian 10o West longitude;
(b) the period covered by the prohibition shall be from 1 November to 30 November of each year.
22.2.By way of derogation from the provisions of Article 3 of Regulation (EC) No 973/2001, Community 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) of that Regulation.
23. Measures concerning sport and recreational fishing activities in the Mediterranean Sea
23.1.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.
23.2.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.
24. 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 (34) 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 1 May 2006 for the sampling conducted the previous year.
Part E
South-east Atlantic
25. SEAFO
25.1.All Community vessels operating in the South East Atlantic Fisheries Organisation (SEAFO) Convention Area, and targeting species not subject to the conservation and management regimes of other competent regional fisheries organisations, shall carry qualified scientific observers from 1 January 2006.
25.2.Member States shall take the necessary steps to appoint scientific observers and ensure that they are placed on board all vessels flying their flag or registered in their territory which are about to undertake fishing activities in the SEAFO Convention Area. Member States shall take the necessary steps to ensure that properly appointed scientific observers remain on board the fishing vessels to which they have been assigned until they are replaced by other scientific observers.
25.3.The master of a Community vessels operating in the SEAFO Convention Area from 1 January 2006 shall receive the scientific observer and co-operate with him in the performance of his duties during his stay on board.
25.4.Member States shall send to the SEAFO Secretariat by 1 May each year at the latest a comprehensive report in a format to be defined by the Scientific Committee of SEAFO, assessing the content of the reports of the scientific observers assigned to fishing vessels flying their flag. This report shall be forwarded to the Commission at the same time.
Appendix 1 to Annex III
| Species | Mesh size range (mm) | |||||||
|---|---|---|---|---|---|---|---|---|
| < 16 | 16-31 | 32-69 | 35-69 | 70-89 (5) | ≥ 90 | |||
| Minimum percentage of target species | ||||||||
| 50 % (6) | 50 % (6) | 20 % (6) | 50 % (6) | 20 % (6) | 20 % (7) | 30 % (8) | none | |
| Sandeel (Ammodytidae) (3) | x | x | x | x | X | x | x | x |
| Sandeel (Ammodytidae) (4) | 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) (1) | x | x | x | x | x | x | ||
| Molluscs (except Sepia) (1) | x | x | x | x | x | x | ||
| Garfish (Belone belone) (1) | x | x | x | x | x | x | ||
| Gray gurnard (Eutrigla gurnardus) (1) | 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) (2) | 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) (1) | X | x | x | |||||
| Whiting (Merlangius merlangus) | x | x | ||||||
| Norway lobster (Nephrops norvegicus) | x | x | ||||||
| All other marine organisms | x | |||||||
| (1) Only within four miles from the baselines. (2) Outside four miles from the baselines. (3) From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat. (4) From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat. (5) When applying this mesh size range the codend shall be constructed of square meshed netting with a sorting grid in accordance with Appendix 2 to this Annex. (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. (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. (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 2 to Annex III
The species selective grid shall be attached in trawls with full square mesh codend with a mesh size equal to or larger than 70 mm and smaller than 90 mm. The minimum length of the codend shall be 8 m. It shall be prohibited to use any trawl having more than 100 square meshes in any circumference of the codend, excluding the joining or the selvedges.
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 its storage on the net drum.
The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to 10 meters up in the extension piece. All sides of the grid shall be attached to the trawl.
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.
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 70 mm. The minimum vertical opening of the guiding funnel towards the grid shall be 30 cm. The width of the guiding funnel towards the grid shall be the grid width.
Schematic illustration of a size and species selective trawl. Entering fish is lead towards the trawl floor and grid via a leading funnel. Larger fish is then led out of the trawl by the grid while smaller fish and Norway lobster pass through the grid and enter the codend. The full square mesh codend enhance escapement of small fish and undersized Norway lobster.
Appendix 3 to Annex III
Specifications of the top square mesh window
Specifications of 100 mm, measured as inner opening, square mesh window in the rear tapered section of the trawl, Danish seine or similar gear with a mesh size equal to or larger than 70 mm and smaller than 100 mm.
The window shall be a rectangular section of netting. There shall be only one window. The window shall not be obstructed in any way by either internal or external attachments.
Location of the window
The window shall be inserted into the middle of the top panel of the rear tapered section of the trawl just in front of the untapered section constituted by the extension piece and the codend.
The window shall terminate not more than 12 meshes from the hand braided row of meshes between the extension piece and the rear tapered section of the trawl.
Size of the window
The length and the width of the window shall be at least 2 m and at least 1 m respectively.
Netting of the window
The meshes shall have a minimum mesh opening of 100 mm. The meshes will 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 longitudinal axis of the codend.
The netting shall be single twine. The twine thickness shall be not more than 4 mm.
Insertion of the window into the diamond meshes netting
It shall be permitted to attach a selvedge on the four sides of the window. The diameter of this selvedge shall be no more than 12 mm.
The stretched length of the window shall be equal to the strength length of the diamond meshes attached to the longitudinal side of the window.
The number of diamond meshes of the top panel attached to the smallest side of the window (i.e. one metre long side which is perpendicular to the longitudinal axis of the codend) shall be at least the number of full diamond meshes attached to the longitudinal side of the window divided by 0,7 .
Other
The insertion of the window into the trawl is illustrated below.
Appendix 4 to Annex III
| IMO (1) ship identification number | Vessel’s name (2) | Vessel’s name (2) |
|---|---|---|
| 6719419 | GRAN SOL | Panama |
| 7321374 | FONTE NOVA | Panama |
| 7332218 | IANNIS I | Panama |
| 7347407 | SUNNY JANE | Belize |
| 7385174 | MURTOSA | Togo |
| 7700104 | BRIZ | Panama |
| 7803255 | KERGUELEN | Guinea Conakry |
| 8028424 | ICE BAY | Cambodia |
| 8326319 | PAVLOVSK | Georgia |
| 8422838 | ISABELLA | Georgia |
| 8422852 | DOLPHIN | Georgia |
| 8522030 | CARMEN | Georgia |
| 8522042 | JUANITA | Georgia |
| 8522119 | EVA | Georgia |
| 8522169 | ROSITA | Georgia |
| 8606836 | ULLA | Georgia |
| (1) International Maritime Organisation. (2) Any changes of names and flags and additional information on the vessels are available on the NEAFC website: www.neafc.org |
ANNEX IV
PART I
Quantitative limitations of licences and fishing permits for Community vessels fishing in third country waters
| Area of fishing | Fishery | Number of licences | Allocation of licences amongst Member States | Maximum number of vessels present at any time |
|---|---|---|---|---|
| Norwegian waters and fishery zone around Jan Mayen | Herring, North of 62° 00' N | 77 | DK: 26, DE: 5, FR: 1, IRL: 7, NL: 9, SW: 10, UK: 17, PL: 1 | 55 |
| Demersal species, North of 62° 00' N | 80 | FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 1 | 50 | |
| Mackerel, South of 62° 00' N, purse seine fishery | 11 | DE: 1 (1), DK: 26 (1), FR: 2 (1), NL: 1 (1) | not relevant | |
| Mackerel, South of 62° 00' N, trawl fishery | 19 | not relevant | ||
| Mackerel, North of 62° 00' N, purse seine fishery | 11 (2) | DK: 11 | not relevant | |
| Industrial species, South of 62° 00' N | 480 | DK: 450, UK: 30 | 150 | |
| Waters of the Faroe Islands | All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines | 26 | BE: 0, DE: 4, FR: 4, UK: 18 | 13 |
| Directed fishing for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62° 28' N and east of 6° 30' W | 8 (3) | 4 | ||
| Trawling outside 21 miles from the Faroese baseline. In the periods 1 March to 31 May and 1 October to 31 December, these vessels may operate in the area between 61° 20' N and 62° 00' N and between 12 and 21 miles from the baselines. | 70 | BE: 0, DE: 10, FR: 40, UK: 20 | 26 | |
| Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61° 30' N and west of 9° 00' W and in the area between 7° 00' W and 9° 00' W south of 60° 30' N and in the area south-west of a line between 60° 30' N, 7° 00' W and 60° 00' N, 6° 00' W. | 70 | DE: 8 (4), FR: 12 (4), UK: 0 (4) | 20 (5) | |
| Directed trawl fishery for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend. | 70 | 22 (5) | ||
| Fisheries for blue whiting. The total number of licences may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called ‘main fishing area of blue whiting’ | 34 | DE: 3, DK: 19, FR: 2, UK: 5, NL: 5 | 20 | |
| Line fishing | 10 | UK: 10 | 6 | |
| Fishing for mackerel | 12 | DK: 12 | 12 | |
| Herring fisheries north of 62° N | 21 | DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 3 | 21 | |
| Waters of the Russian Federation | All fisheries | pm | pm | |
| Fisheries for cod | 7 (6) | pm | ||
| Fisheries for sprat | pm | pm | ||
| (1) This allocation is valid for purse and trawl fisheries. (2) To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00' N. (3) Following the Agreed Record of 1999, the figures for the Directed fishing for cod and haddock are included in the figures for all trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines. (4) These figures refer to the maximum number of vessels present at any time. (5) These figures are included in the figures for ‘Trawling outside 21 miles from the Faroese baselines’. (6) Applies only to vessels flying the flag of Latvia. |
PART II
Quantitative limitations of licences and fishing permits for third country fishing vessels in Community waters
| Flag State | Fishery | Number of licences | Maximum number of vessels present at any time |
|---|---|---|---|
| Norway | Herring, north of 62° 00′ N | 18 | 18 |
| Faeroe Islands | Mackerel, VIa (north of 56° 30′ N), VIIe,f,h, horse mackerel, IV, VIa (north of 56° 30′ N), VIIe,f,h; herring, VIa (north of 56° 30′ N) | 14 | 14 |
| Herring north of 62° 00′ N | 21 | 21 | |
| Herring, IIIa | 4 | 4 | |
| Industrial fishing for Norway pout and sprat, IV, VIa (north of 56° 30′ N): sandeel, IV (including unavoidable by-catches of blue whiting) | 15 | 15 | |
| Ling and tusk | 20 | 10 | |
| Blue whiting, II, IVa, VIa (north of 56° 30′ N), VIb, VII (west of 12° 00′ W) | 20 | 20 | |
| Blue ling | 16 | 16 | |
| Russian Federation | Herring, IIId (Swedish waters) | pm | pm |
| Herring, IIId (Swedish waters, non-fishing mother ships) | pm | pm | |
| Sprat | 4 (1) | pm | |
| Barbados | Penaeus shrimps (2) (French Guyana waters) | 5 | pm (3) |
| Snappers (4) (French Guyana waters) | 5 | pm | |
| Guyana | Penaeus shrimps (2) (French Guyana waters) | pm | pm (7) |
| Surinam | Penaeus shrimps (2) (French Guyana waters) | 5 | pm (7) |
| Trinidad and Tobago | Penaeus shrimps (2) (French Guyana waters) | 8 | pm (7) |
| Japan | Tuna (9) (French Guyana waters) | pm | |
| Korea | Tuna (9) (French Guyana waters) | pm | pm (7) |
| Venezuela | Snappers (4) (French Guyana waters) | 41 | pm |
| Sharks (4) (French Guyana waters) | 4 | pm | |
| (1) Applies only to the Latvian zone of EC waters. (2) The licences concerning fishing for shrimp in the waters of the French Department of Guyana shall be issued on the basis of a fishing plan submitted by the authorities of the third country concerned, approved by the Commission. The period of validity of each of these licences shall be limited to the fishing period provided for in the fishing plan on the basis of which the licence was issued. (3) The annual number of days at sea is limited to 200. (4) To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at depths greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship owner applying for the licence and a processing undertaking situated in the French Department of Guyana, and that it includes an obligation to land at least 75 % of all snapper catches, or 50 % of all shark catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. The contract referred to above must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guyanese economy. A copy of the duly endorsed contract shall be appended to the licence application. Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission. (5) Applicable from 1 January to 30 April 2006. (6) Pending the conclusion of fisheries consultations with Norway for 2006. (7) The annual number of days at sea is limited to pm. (8) The annual number of days at sea is limited to 350. (9) To be fished exclusively with longlines. (10) Of which at any given time a maximum of 10 for vessels fishing cod with gill-nets. |
PART III
Declaration pursuant to Article 25(2)
ANNEX V
PART I
Information to be recorded in the logbook
When fishing is carried out within the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries, the following details are to be entered in the log-book immediately after the following events:
After each haul:
1.1. the quantity (in kilograms live-weight) of each species caught;
1.2. the date and the time of the haul;
1.3. the geographical position in which the catches were made;
1.4. the fishing method used.
After each trans-shipment to or from another vessel:
2.1. the indication ‘received from’ or ‘transferred to’;
2.2. the quantity (in kilograms live-weight) of each species trans-shipped;
2.3. the name, external identifications letters and numbers of the vessel to or from which the trans‐shipment occurred;
2.4. trans-shipment of cod is not allowed.
After each landing in a port of the Community:
3.1. name of the port;
3.2. the quantity (in kilograms live-weight) of each species landed.
After each transmission of information to the Commission of the European Communities:
4.1. date and time of the transmission;
4.2. type of message: ‘catch on entry’, ‘catch on exit’, ‘catch’, ‘transhipment’;
4.3. in the case of radio transmission: name of the radio station.
PART II
ANNEX VI
1.The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows:
1.1. On each occasion a vessel commences a fishing trip (35) in Community waters it shall send a ‘catch on entry’ message specifying the following SR m (1) (= start of record) AD m XEU (= to Commission of the European Communities) SQ m (serial number of message in current year) TM m COE (= ‘catch on entry’) RC m (international radio call sign) TN o (2) (fishing trip serial number in the year) NA o (name of the vessel) IR m (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state) XR m (external identification letters; side number of the vessel) LT (3) o (4) (latitude position of the vessel at time of transmission) LG (3) o (4) (longitude position of the vessel at time of transmission) LI o (estimated latitude position where the master intends to commence fishing, degrees or decimal presentation) LN o (estimated longitude position where the master intends to commence fishing, degrees or decimal presentation) RA m (relevant ICES area) OB m (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms DA m (date of transmission in yyyymmdd format) TI m (time of transmission in hhmm format) MA m (name of the master of the vessel) ER m (= end of record) (1) m = mandatory (2) o = optional (3) LT, LG: must be specified as decimal figure, 3 figures after the decimal point; until 31/12/2006 the use of LA and LO, with data in degrees and minutes continues to be supported. (4) Optional if a vessel is subject to satellite tracking.
1.2. On each occasion a vessel terminates a fishing trip (35) in Community waters it shall send a ‘catch on exit’ message specifying the following: SR m (= start of record) AD m XEU (= to Commission of the European Communities) SQ m (serial number of message for that vessel in current year) TM m COX (= ‘catch on exit’) RC m (international radio call sign) TN o (fishing trip serial number in the year) NA o (name of the vessel) IR m (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state) XR m (external identification letters; side number of the vessel) LT (1) o (2) (latitude position of the vessel at time of transmission) LG (1) o (2) (longitude position of the vessel at time of transmission) RA m (relevant ICES area where catches were taken) CA m (catch quantity by species since last report in pairs as needed, : FAO code + live weight in kilograms, rounded to the nearest 100 kilograms) OB o (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms DF o (days fished since last report) DA m (date of transmission in yyyymmdd format) TI m (time of transmission in hhmm format) MA m (name of the master of the vessel) ER m (= end of record) (1) LT, LG: must be specified as decimal figure, 3 figures after the decimal point; until 31/12/2006 the use of LA and LO, with data in degrees and minutes, continues to be supported (2) Optional if a vessel is subject to satellite tracking.
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