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

• 10.3On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Table I

Maximum number of days a vessel may be present within the area by fishing gear per year

| Gear point 3 | Denomination Only the groupings of fishing gear referred to in point 3 are used | Western Channel |

| --- | --- | --- | | 3.a. | Beam trawls of mesh size ≥ 80 mm | 192 | | 3.b. | Static nets with mesh size < 220 mm | 192 |

EXCHANGES OF FISHING EFFORT ALLOCATIONS

- 11.1.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.

• 11.2.The total number of days present within the area, 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, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

- 11.3.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.

- 11.4.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.

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 before such transfers take place of the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them.

USE 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 groupings of fishing gear referred to in point 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 that time. Such vessels shall not carry any fishing gear or fish on board during that time.

TRANSIT

15. 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

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.

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.

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.

Member States may implement alternative control measures to ensure compliance with the obligations referred to in point 16 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

20. 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.

21. Margin of tolerance in the estimation of quantities reported in the logbook

By way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 16 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.

22. 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.

- 23.1.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.

• 23.2.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.

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.

25. 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

26. 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 annual 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.

- 27.1.On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 26 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.

• 27.2.A new format of spreadsheet for the purpose of making the data referred to in point 26 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Table II

Reporting format

Country	CFR	External marking	Length of management period	Area fished	Gear(s) notified	Gear(s) notified	Gear(s) notified	Gear(s) notified	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Special condition applying to notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days eligible using notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Days spent with notified gear(s)	Transfer of days
Country	CFR	External marking	Length of management period	Area fished	No1	No2	No3	…	No1	No2	No3	…	No1	No2	No3	…	No1	No2	No3	…	Transfer of days
(1)	(2)	(3)	(4)	(5)	(6)	(6)	(6)	(6)	(7)	(7)	(7)	(7)	(8)	(8)	(8)	(8)	(9)	(9)	(9)	(9)	(10)

Table III

Data format

Name of field	Maximum number of characters/digits	Alignment [^E0230] L(eft)/R(ight)	Definition and Comments
(1) Country	3	n/r	Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor, it is always the reporting country
(2) CFR	12	n/r	Community Fleet Register number Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.
(3) External marking	14	L	Under Commission Regulation (EEC) No 1381/87
(4) Length of management period	2	L	Length of the management period measured in months.
(5) Area fished	1	L	Non relevant information in the case of Annex IIC.
(6) gear(s) notified	5	L	Indication of gear grouping notified in accordance with point 3 to Annex IIC (a or b)
(7) Special condition applying to notified gear(s)	2	L	Non relevant information in the case of Annex IIC.
(8) Days eligible using notified gear(s)	3	L	Number of days for which the vessel is eligible under Annex IIC for the choice of gear groupings and length of management period notified.
(9) Days spent with notified gear(s)	3	L	Number of days the vessel actually spent present within the area and using a gear corresponding to grouping gear notified during the notified management period according to Annex IIC.
(10) Transfers of days	4	L	For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’

Relevant information for transmission of data by fixed-length formatting.

ANNEX IID

FISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIA AND IV AND IN EC WATERS OF ICES ZONE IIA

• 1.The conditions laid down in this Annex shall apply to Community vessels fishing in ICES zones IIIa and IV and in EC waters of ICES zone IIa with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm. The same conditions shall apply to third country vessels authorized to fish for sandeel in EC waters of ICES zone IV unless otherwise specified, or as a consequence of consultations between the Community and Norway as set out in Table 3, footnote 13, of the Agreed Record of conclusions between the European Community and Norway of 1 December 2006.

• 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 2007, establish a data base containing for ICES zones IIIa and IV, for each of the years 2002, 2003, 2004, 2005 and 2006 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 2006.

- 5.Each Member State shall ensure that the total kilowatt-days in 2007 for vessels flying its flag or registered in the Community does not exceed the effort deployed in 2005 as calculated under point 4(a).

• 6.Notwithstanding the effort limit laid down in point 5, the total kilowatt-days deployed by each Member State for the purpose of setting up exploratory fishing, which shall not start before 1 April 2007, shall not exceed, within the period 1 April to 6 May, 30 % of the total kilowatt-days deployed in 2005.

- 7.The fishing effort deployed by two Faroese vessels for the purpose of undertaking exploratory fishing shall not exceed 2 % of the fishing effort deployed by the Member States for the same purpose as established in point 6.

- 8.The TAC and quotas for sandeel in ICES zone IIIa and in EC waters of ICES zones IIa and IV as laid down in Annex I shall be revised by the Commission as early as possible based on advice from ICES and the STECF on the size of the 2006 year class of North Sea sandeel, in accordance with the following rules:

- (a) where ICES and the STECF estimates the size of the 2006 year class of North Sea sandeel to be equal to or smaller than 150 000 million individuals at age 1, 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 2007. However, a limited fishery may be allowed in order to monitor the sandeel stocks in ICES zones IIIa and 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 of this limited fishery;

- (b) where ICES and the STEFC estimates the size of the 2006 year class of North Sea sandeel to be greater than 150 000 million at age 1, the TAC (in 1 000 t) shall be established according to the following function:

TAC2007 = - 597 + (4,073 *N1) where N1 means the real-time estimate of age group 1 in billions and the TAC is in 1 000 t;

• (c) notwithstanding point 7(b), the TAC shall not exceed 400 000 tonnes;

• (d) The Commission Regulation on the revision of the TAC and quotas for sandeel in ICES zone IIIa and in EC waters of ICES zones IIa and IV following the scientific advice referred to in the points (a) and (b) shall be applicable as from the date of publication of a notice by the Commission in the Official Journal of the European Union setting out the required revision.

• 9.Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, shall be prohibited from 1 August 2007 until 31 December 2007.

ANNEX III

TRANSITIONAL TECHNICAL AND CONTROL MEASURES

Part A

North Atlantic including the North Sea, Skagerrak and Kattegat

1.1.   Scope

• 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 in ICES zones I, II, IIIa, IV, Vb, VI and VII;

• (b) for mackerel and horse mackerel in ICES zones IIa, IIIa, IV, VI and VII.

1.2.   Designated ports

• 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.   Entry to port

• 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 where the catch was taken.

1.4.   Discharge

• 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.   Logbook

• 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.   Weighing of fresh fish

- 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.   Weighing of fresh fish after transport

• 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.   Weighing of frozen fish

• 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.   Sales note and take-over declaration

- 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.   Weighing facilities

• 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.

1.11.   Access by competent authorities

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.   Cross checks

• 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.   Full inspection

- 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.   Documentation

• 1.14.1.All inspection activities covered by point 1 shall be documented. Such documentation shall be kept for 3 years.

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

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.

• 4.1.By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical pulse current shall be allowed in ICES zones IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:

• — a point on the east coast of the United Kingdom at latitude 55^o N,

- — then east to latitude 55^o N, longitude 5^o E,

• — then north to latitude 56^o N,

• — and finally east to a point on the west coast of Denmark at latitude 56^o N.

• 4.2.The following measures shall apply in 2007:

• (a) no more than 5 % of the beam trawler fleet by Member State shall be allowed to use the electric pulse trawl;

• (b) the maximum electrical power in kW for each beam trawl shall be no more than the length in metre of the beam multiplied by 1,25 ;

• (c) the effective voltage between the electrodes shall be no more than 15 V;

• (d) the vessel shall be equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It shall be not possible for non authorized person to modify this automatic computer management system;

- (e) It shall be prohibited to use one or more tickler chains in front of the footrope.

• 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 55^o30'N,

- — latitude 55^o30'N, longitude 1^o00'W,

• — latitude 58^o00'N, longitude 1^o00'W,

• — latitude 58^o00'N, longitude ^o00'W,

• — the east coast of Scotland at longitude 2^o00'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.

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. Restrictions on fishing for cod in ices zones VI and VII

7.1.   ICES zone VIa

Until 31 December 2007, 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:

• — 59^o05'N, 06^o45'W

• — 59^o30'N, 06^o00'W

- — 59^o40'N, 05^o00'W

• — 60^o00'N, 04^o00'W

• — 59^o30'N, 04^o00'W

- — 59^o05'N, 06^o45'W.

7.2.   ICES zones VII f and g

From 1 February 2007 until 31 March 2007, 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.

7.3.   By way of derogation from points 7.1. and 7.2. it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that:

• (i) no fishing gear other than pots and creels are carried on board, and

• (ii) no fish other than shellfish and crustacea are retained on board.

7.4.   By way of derogation from points 7.1. and 7.2., it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that:

• (i) no net of mesh size greater than or equal to 55 mm is carried on board, and

• (ii) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.

• 8.1.In the period from 14 February to 30 April 2007 it shall be prohibited to use any demersal trawl, seine or similar towed net, any gill net, tangle net or similar static net or any fishing gear incorporating hooks within that part of ICES division VIIa enclosed by:

• — the east coast of Ireland and the east coast of Northern Ireland; and

• — straight lines sequentially joining the following geographical coordinates;

• — a point on the east coast of the Ards peninsula in Northern Ireland at 54° 30′ N;

• — 54° 30′ N, 4° 50′ W;

• — 53° 15′ N, 4° 50′ W;

• — a point at the east coast of Ireland at 53° 15′ N.

• 8.2.By way of derogation from point 8.1, within the area and time period referred to therein:

- (a) the use of demersal otter trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

• (i) are of mesh size either 70 mm to 79 mm or 80 mm to 99 mm, and
• (ii) are of only one of the permitted mesh size ranges, and
• (iii) incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than 300 mm, and
• (iv) are deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates:
• — 53^o 30' N, 05^o 30' W
• — 53^o 30' N, 05^o 20' W
• — 54^o 20' N, 04^o 50' W
• — 54^o 30' N, 05^o 10' W
• — 54^o 30' N, 05^o 20' W
• — 54^o 00' N, 05^o 50' W
• — 54^o 00' N, 06^o 10' W
• — 53^o 45' N, 06^o 10' W
• — 53^o 45' N, 05^o 30' W
• — 53^o 30' N, 05^o 30' W;

• (b) the use of separator trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:
• (i) comply with the conditions laid down in subparagraph (a), and
• (ii) are constructed in conformity with the technical details provided in the Annex to 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 (division CIE VIIa).

• Furthermore, separator trawls may also be used within an area enclosed by rhumb lines sequentially joining the following coordinates:

• — 53^o 45' N, 06^o 00'' W

• — 53^o 45' N, 05^o 30' W

• — 53^o 30' N, 05^o 30' W

• — 53^o 30' N, 06^o 00' W

• — 53^o 45' N, 06^o 00' W.

• 8.3.The technical conservation measures referred to in Articles 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 (zone VIIa) ([^E0231]) shall apply.

• 9.1.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. It catches living aquatic resources by entangling or enmeshing.

• 9.2.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.

• 9.3.Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in ICES Zones VIa, b, VII b, c, j, k and XII east of 27^o W.

• 9.4.By way of derogation from point 9.3 it shall be permitted to use the following gear:

• (a) Gill nets with a mesh size equal to or greater than 120 mm and less than 150 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 100 meshes deep, have a hanging ratio of not less than 0,5 and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The maximum soak time shall be 24 hours; or

• (b) entangling nets with a mesh size equal to or greater than 250 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 15 meshes deep, have a hanging ratio of not less than 0,33 and are not rigged with floats or other means of flotation. The nets shall each be of a maximum of 10 km in length. The total length of all nets deployed at any one time shall not exceed 100 km per vessel. The maximum soak time shall be 72 hours.

• However, this derogation shall not apply in the NEAFC Regulatory area.

• 9.5.Only one of the types of gear described in points 9.4.(a) and 9.4.(b) shall be carried aboard the vessel at any one time. To allow for the replacement of lost or damaged gear, vessels may carry on board nets with a total length 20 % greater than the maximum length of the fleets that may be deployed at any one time. All gear shall be marked in accordance with Commission Regulation (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls ([^E0232]).

• 9.6.All vessels deploying gillnets or entangling nets at any position where the charted depth is greater than 200 metres in ICES Zones VIa, b, VII b, c, j, k and XII east of 27^o W must hold a special fixed net fishing permit issued by the flag Member State.

• 9.7.The master of a vessel with a fixed net permit referred to in point 9.6 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and must account for any discrepancy between the two quantities.

• 9.8.The naval services or other competent authorities shall have the right to remove unattended gear at sea in ICES Zones VIa, b, VII b, c, j, k and XII east of 27^° W in the following situations:

• (a) the gear is not properly marked;

• (b) the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours;

• (c) the gear is deployed in waters with a charted depth greater than that permitted;

• (d) the gear is of an illegal mesh size.

• 9.9.The master of a vessel with a fixed net permit referred to in point 9.6 shall record in the logbook the following information during each fishing trip:

• — the mesh size of the net deployed,

- — the nominal length of one net,

• — the number of nets in a fleet,

- — the total number of fleets deployed,

• — the position of each fleet deployed,

• — the depth of each fleet deployed,

• — the soak time of each fleet deployed,

- — the quantity of any gear lost, its last known position and date of loss.

• 9.10.Vessels fishing with a fixed net permit referred to in point 9.6 shall only be permitted to land in the ports designated by the Member States in accordance with Article 7 of Regulation (EC) 2347/2002.

• 9.11.The quantity of sharks retained on board by any vessel using the gear type described in point 9.4.(b) shall be no more than 5 % by live-weight of the total quantity of marine organisms retained on board.

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 zones III, IV, V, VI and VII and ICES zones VIII a, b, d, e ([^E0233]), 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.

• 11.1.In ICES zone VIII it shall be prohibited to catch, retain on board, tranship or land anchovy.

• 11.2.If the catch limits for anchovy in ICES zone VIII are revised in accordance with Article 5(5), point 11.1of this Annex shall not apply.

• 11.3.Notwithstanding Council Regulation (EC) No 2015/2006 no directed fishery for roundnose grenadier shall be conducted ICES zone IIIa pending consultations between the European Community and Norway in early 2007.

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2007:

• 12.1.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.

• 12.2.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.

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:

The Hecate Seamounts:

• — 52^o 21.2866' N, 31^o 09.2688' W

• — 52^o 20.8167' N, 30^o 51.5258' W

• — 52^o 12.0777' N, 30^o 54.3824' W

• — 52^o 12.4144' N, 31^o 14.8168' W

• — 52^o 21.2866' N, 31^o 09.2688' W

The Faraday Seamounts:

• — 50^o 01.7968' N, 29^o 37.8077' W

• — 49^o 59.1490' N, 29^o 29.4580' W

• — 49^o 52.6429' N, 29^o 30.2820' W

• — 49^o 44.3831' N, 29^o 02.8711' W

• — 49^o 44.4186' N, 28^o 52.4340' W

• — 49^o 36.4557' N, 28^o 39.4703' W

• — 49^o 29.9701' N, 28^o 45.0183' W

• — 49^o 49.4197' N, 29^o 42.0923' W

• — 50^o 01.7968' N, 29^o 37.8077' W

Part of the Reykjanes Ridge:

• — 55^o 04.5327' N, 36^o 49.0135' W

• — 55^o 05.4804' N, 35^o 58.9784' W

• — 54^o 58.9914' N, 34^o 41.3634' W

• — 54^o 41.1841' N, 34^o 00.0514' W

• — 54^o 00.0'N, 34^o 00.0' W

• — 53^o 54.6406' N, 34^o 49.9842' W

• — 53^o 58.9668' N, 36^o 39.1260' W

• — 55^o 04.5327' N, 36^o 49.0135' W

The Altair Seamounts:

• — 44^o 50.4953' N, 34^o 26.9128' W

• — 44^o 47.2611' N, 33^o 48.5158' W

• — 44^o 31.2006' N, 33^o 50.1636' W

• — 44^o 38.0481' N, 34^o 11.9715' W

• — 44^o 38.9470' N, 34^o 27.6819' W

• — 44^o 50.4953' N, 34^o 26.9128' W

The Antialtair Seamounts:

• — 43^o 43.1307' N, 22^o 44.1174' W

• — 43^o 39.5557' N, 22^o 19.2335' W

• — 43^o 31.2802' N, 22^o 08.7964' W

• — 43^o 27.7335' N, 22^o 14.6192' W

• — 43^o 30.9616' N, 22^o 32.0325' W

• — 43^o 40.6286' N, 22^o 47.0288' W

• — 43^o 43.1307' N, 22^o 44.1174' W

Hatton Bank:

• — 59^o 26' N, 14^o 30' W

• — 59^o 12' N, 15^o 08' W

• — 59^o 01' N, 17^o 00' W

• — 58^o 50' N, 17^o 38' W

• — 58^o 30' N, 17^o 52' W

• — 58^o 30' N, 18^o 45' W

• — 58^o 47' N, 18^o 37' W

• — 59^o 05' N, 17^o 32' W

• — 59^o 16' N, 17^o 20' W

• — 59^o 22' N, 16^o 50' W

• — 59^o 21' N, 15^o 40' W

North West Rockall:

• — 57^o 00' N, 14^o 53' W

• — 57^o 37' N, 14^o 42' W

• — 57^o 55' N, 14^o 24' W

• — 58^o 15' N, 13^o 50' W

• — 57^o 57' N, 13^o 09' W

• — 57^o 50' N, 13^o 14' W

• — 57^o 57' N, 13^o 45' W

• — 57^o 49' N, 14^o 06' W

• — 57^o 29' N, 14^o 19' W

• — 57^o 22' N, 14^o 19' W

• — 57^o 00' N, 14^o 34' W

Logachev Mound:

- — 55^o 17' N, 16^o 10' W

- — 55^o 34' N, 15^o 07' W

- — 55^o 50' N, 15^o 15' W

• — 55^o 33' N, 16^o 16' W

West Rockall Mound:

- — 57^o 20' N, 16^o 30' W

• — 57^o 05' N, 15^o 58' W

- — 56^o 21' N, 17^o 17' W

• — 56^o 40' N, 17^o 50' W

Part B

Highly migratory fish in the Eastern Atlantic and the Mediterranean

• 14.1.By way of derogation from 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.

- 14.2.By way of derogation from 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.

By way of derogation from Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size of bigeye tuna shall not apply.

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

• 16.1.In order to protect the stock of bigeye tuna, in particular juvenile fish, fishing by purse seiners and baitboats shall be prohibited and in the area specified in points (a) and for the period specified in (b):

- (a) the area is the following:

• — Southern limit: parallel 0^o South latitude
• — Northern limit: parallel 5^o North latitude
• — Western limit: meridian 20^o West longitude
• — Eastern limit: meridian 10^o West longitude;

- (b) the period covered by the prohibition shall be from 1 November to 30 November of each year.

- 16.2.By way of derogation from 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) of that Regulation and during the period specified in Article 3(1) of that Regulation.

• 16.3.Pending the entry into force of Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea ([^E0235]) the fisheries currently operating under the derogations provided for in Article3(1) and (1a) and Article 6(1) and (1a) of Regulation (EC) No1626/94 may temporarily continue their activity in 2007.

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

- 17.1.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.

- 17.2.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.

By way of derogation from 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 ([^E0236]) 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 2007 for the sampling conducted the previous year.

Part C

Eastern Atlantic

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF (FAO Fishery Committee for the Eastern Central Atlantic) 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.

Part D

Eastern Pacific Ocean

20. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)

- 20.1.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 2007, or, 20 November to 31 December 2007 in the area defined by the following limits:

• — the Pacific coastlines of the Americas,

• — longitude 150^o W,

• — latitude 40^o N,

• — latitude 40^o S.

- 20.2.The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2007. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected.

• 20.3.As of ... ([^E0237]) 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.

Part E

Eastern Pacific Ocean and Western and Central Pacific Ocean

• 21.1.Member States shall ensure that the total fishing effort for bigeye tuna, yellowfin tuna, skipjack tuna and south pacific albacore in the area of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the Convention Area) is limited to the fishing effort provided for in fisheries partnership agreements between the Community and coastal States in the region.

• 21.2.Member States whose vessels are authorised to fish in the Convention Area shall develop management plans for the use of anchored or drifting floating aggregate devices (FADs). Those management plans shall include strategies to limit the interaction with juvenile bigeye and yellowfin tuna.

• 21.3.Management plans referred to in point 21.2 shall be submitted to the Commission not later than 15 October 2007. The Commission shall compile those management plans and submit a Community management plan to the Western and Central Pacific Fisheries Commission (WCPFC) Secretariat not later than 31 December 2007.

• 21.4.The number of Community vessels fishing for swordfish in areas south of 20° S of the Convention Area shall not exceed 14 vessels. Community participation shall be limited to vessels flying the flag of Spain.

In the Eastern, Western and Central Pacific Ocean 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.

In the Eastern, Western and Central Pacific Ocean the following specific measures 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.

Appendix 1 to Annex III

TOWED GEARS: Skagerrak and Kattegat

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

| Species | Mesh size range (mm) | Mesh size range (mm) | Mesh size range (mm) | Mesh size range (mm) | Mesh size range (mm) | Mesh size range (mm) | Mesh size range (mm) | Mesh size range (mm) |

| --- | --- | --- | --- | --- | --- | --- | --- | --- | | Species | <16 | 16-31 | 16-31 | 32-69 | 32-69 | 35-69 | 70-89 [^E0238] | ≥90 | | Species | Minimum percentage of target species | Minimum percentage of target species | Minimum percentage of target species | Minimum percentage of target species | Minimum percentage of target species | Minimum percentage of target species | Minimum percentage of target species | Minimum percentage of target species | | Species | 50 % [^E0239] | 50 % [^E0239] | 20 % [^E0239] | 50 % [^E0239] | 20 % [^E0239] | 20 % [^E0240] | 30 % [^E0241] | none | | Sandeel (Ammodytidae) [^E0242] | x | x | x | x | x | x | x | x | | Sandeel (Ammodytidae) [^E0243] | | 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) [^E0244] | | x | | x | x | x | x | x | | Molluscs (except Sepia) [^E0244] | | x | | x | x | x | x | x | | Garfish (Belone belone) [^E0244] | | x | | x | x | x | x | x | | Gray gurnard (Eutrigla gurnardus) [^E0244] | | 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) [^E0245] | | | 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) [^E0244] | | | | | x | | x | x | | Whiting (Merlangius merlangus) | | | | | | | x | x | | Norway lobster (Nephrops norvegicus) | | | | | | | x | x | | All other marine organisms | | | | | | | | x |

When applying this mesh size range the codend shall be constructed of square meshed netting with a sorting grid in accordance with Appendix 2.

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.

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.

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.

From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.

From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.

[^E0244]: (⁷)

Only within four miles from the baselines.

Outside four miles from the baselines.

Appendix 2 to Annex III

Specifications fo the Sorting grid for 70 mm trawl fishery

• (a) 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.

• (b) 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.

• (c) The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to the anterior end of the untapered section. All sides of the grid shall be attached to the trawl.

• (d) 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.

• (e) 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 15 cm. The width of the guiding funnel towards the grid shall be the grid width. Image omitted; see official source 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

Condition for fisheries with certain towed gears authorized in ICES zones III, IV, V, VI, VII and VIII a, b, d, e

- (a) 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.

• (b) 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.

• (c) Size of the window The length and the width of the window shall be at least 2 m and at least 1 m respectively.

• (d) 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.

• (e) 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 .

• (f) Other The insertion of the window into the trawl is illustrated below.

Image omitted; see official source

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	93	DK: 32, DE: 6, FR: 1, IRL: 9, NL: 11, SW: 12, UK: 21, PL: 1	69
Norwegian waters and fishery zone around Jan Mayen	Demersal species, North of 62° 00′ N	80	FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 1	50
Norwegian waters and fishery zone around Jan Mayen	Mackerel, South of 62° 00′ N, purse seine fishery	11	DE: 1 [^E0246], DK: 26 [^E0246], FR: 2 [^E0246], NL: 1 [^E0246]	not relevant
Norwegian waters and fishery zone around Jan Mayen	Mackerel, South of 62° 00′ N, trawl fishery	19	DE: 1 [^E0246], DK: 26 [^E0246], FR: 2 [^E0246], NL: 1 [^E0246]	not relevant
Norwegian waters and fishery zone around Jan Mayen	Mackerel, North of 62° 00′ N, purse seine fishery	11 [^E0247]	DK: 11	not relevant
Norwegian waters and fishery zone around Jan Mayen	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
Waters of the Faroe Islands	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 [^E0248]		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 [^E0249], FR: 12 [^E0249], UK: 0 [^E0249]	20 [^E0250]
	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 [^E0250]
	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.’	36	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

[^E0246]: (¹)

This allocation is valid for purse and trawl fisheries.

[^E0247]: (²)

To be selected from the 11 licences for purse seine fishery for mackerel South of 62° 00′ N.

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’.

[^E0249]: (⁴)

These figures refer to the maximum number of vessels present at any time.

[^E0250]: (⁵)

These figures are included in the figures for ‘Trawling outside 21 miles from the Faroese baselines’.

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	20	20
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
Faeroe Islands	Herring north of 62° 00′ N	21	21
Faeroe Islands	Herring, IIIa	4	4
Faeroe Islands	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
Faeroe Islands	Ling and tusk	20	10
Faeroe Islands	Blue whiting, II, VIa (north of 56° 30′ N), VIb, VII (west of 12° 00′ W)	20	20
Faeroe Islands	Blue ling	16	16
Venezuela	Snappers [^E0251] (French Guyana waters)	41	pm
Venezuela	Sharks (French Guyana waters)	4	pm

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 Department of French Guyana, and that it includes and 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.

PART III

Declaration pursuant to Article 25(2)

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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

Image omitted; see official source

ANNEX VI

CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

• 1.1.On each occasion a vessel commences a fishing trip ([^E0252]) in Community waters it shall send a ‘catch on entry’ message specifying the following