Council Regulation (EC) No 41/2006 of 21 December 2006 fixing for 2007 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

(EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2007, for certain fish stocks and groups of fish stocks, and the associated conditions under which such fishing opportunities may be used.

In addition, it fixes certain effort limits and associated conditions for January 2008, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.

Article 2

Scope

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

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

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

Article 3

Definitions

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

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

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

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

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

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

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

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

(h) ‘NEAFC Regulatory Area’ means the waters of the Convention Areas as defined in the North-East Atlantic Fisheries Commission (NEAFC) Convention , which lie beyond the waters under the jurisdiction of NEAFC Contracting Parties.

Article 4

Fishing zones

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

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;

(b) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (²⁷);

(c) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (²⁸);

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

(e) the IATTC (Inter American Tropical Tuna Convention) zone is as defined in Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community, of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (²⁹);

(f) the WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined in Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (³⁰);

(g) the ICCAT (International Commission for the Conservation of Atlantic Tunas) zone is as defined in Council decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (³¹);

(h) SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council Decision 2002/738/EC of 22 July 2002 on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (³²);

(i) the GFCM (General Fisheries Commission for the Mediterranean) zone is as defined in Council Decision 98/416/EC (³³) of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean.

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Article 5

Catch limits and allocations

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

— Basking shark (Cetorhinus maximus)

— White shark (Carcharodon carcharias).

Article 6

Special provisions on allocations

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

Article 7

Fishing effort limits and associated conditions for the management of stocks

From 1 February 2007 to 31 January 2008, the fishing effort limitations and associated conditions laid down in:

(a) Annex IIA, shall apply for the management of certain stocks in the Kattegat, the Skagerrak and ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa;

(b) Annex IIB, shall apply for the management of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cadiz;

(c) Annex IIC, shall apply for the management of the sole stock in ICES zone VIIe;

(d) Annex IID, shall apply for the management of sandeel stocks in ICES zones IIIa and IV and EC waters of ICES zone IIa.

Article 8

Conditions for landing catches and by-catches

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

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

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

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

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

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

Article 9

Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa

Article 10

Access limits

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

Article 11

Transitional technical and control measures

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

CHAPTER III

CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS

Article 12

Transitional technical and control measures

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

Article 13

Authorisation

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

Article 14

Geographical restrictions

Article 15

Transit through Community waters

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

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

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

Article 16

Conditions for landing catches and by-catches

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

CHAPTER IV

LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

Article 17

Licences and associated conditions

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

Article 18

Faroe Islands

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

CHAPTER V

LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS

Article 19

Obligation to have a licence and a special fishing permit

Article 20

Application for a licence and special fishing permit

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

(a) name of the vessel;

(b) registration number;

(c) external identification letters and numbers;

(d) port of registration;

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

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

(i) intended method of fishing;

(j) intended area of fishing;

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

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

Article 21

Number of licences

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

Article 22

Cancellation and withdrawal

Article 23

Failure to comply with relevant rules

Article 24

Obligations of the licence holder

Article 25

Specific provisions concerning the Department of French Guyana

CHAPTER VI

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA

Article 26

Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices

By way of derogation from paragraph 1, if a Member State can demonstrate that, due to bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days, that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. Member States wishing to benefit from this carry-over shall submit to the Commission before 1 January 2008 an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using FADs during the prohibition period from 1 January 2008 until 31 January 2008. Such an application shall be accompanied by the following information:

(a) a report containing the details of the cessation of the fishing activities in question, including appropriate supporting meteorological information;

(b) name of the vessel;

(c) registration number;

(d) external identification letters and numbers as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (³⁵).

The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.

Article 27

Establishment of fisheries restrictive areas in order to protect deep sea sensitive habitats.

Fishing with towed dredges and bottom trawl nets shall be prohibited in the areas bounded by lines joining the following coordinates:

(a) Deep Sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ — 39^o 27.72' N, 18^o 10.74' E — 39^o 27.80' N, 18^o 26.68' E — 39^o 11.16' N, 18^o 04.28' E — 39^o 11.16' N, 18^o 35.58' E

(b) Deep Sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ — 31^o 30.00' N, 33^o 10.00' E — 31^o 30.00' N, 34^o 00.00' E — 32^o 00.00' N, 34^o 00.00' E — 32^o 00.00' N, 33^o 10.00' E

(c) Deep Sea fisheries restricted area ‘The Eratosthemes Seamount’ — 33^o 00.00' N, 32^o 00.00' E — 33^o 00.00' N, 33^o 00.00' E — 34^o 00.00' N, 33^o 00.00' E — 34^o 00.00' N, 32^o 00.00' E

CHAPTER VII

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

SECTION 1

Community participation

Article 28

List of vessels

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

(a) the internal number of the vessel, as defined in Annex I to Regulation (EC) No 26/2004;

(b) the international radio call sign;

(c) the vessel charterer, where applicable;

(d) the vessel type.

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

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

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

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

(d) the name of the vessel;

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

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

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

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

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

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

SECTION 2

Technical measures

Article 29

Mesh sizes

Article 30

Attachments to nets

Article 31

By-catch retained on board

Article 32

By-catch in any one haul

Article 33

Directed fishery and by-catch

Article 34

Minimum size of fish

SECTION 3

Establishment of fisheries restrictive areas in order to protect deep sea sensitive habitats (seamounts)

Article 35

Demersal fishing gears

The conduct of fishing activities involving demersal fishing gears shall be prohibited in the following areas: