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
CHAPTER I — SCOPE AND DEFINITIONS
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.
Scope
1. 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’).
2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.
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 o 23'48"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.
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
Catch limits and allocations
1. The catch limits for Community vessels in Community waters or in certain non-Community waters and the allocation of such catch limits among Member States and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I.
2. Community vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Articles 10, 17 and 18.
3. The Commission shall fix the final catch limits for the fisheries on sandeel in ICES zones IIIa and IV and EC waters of ICES zone IIa according to the rules laid down in point 8 of Annex IID.
4. The Commission shall fix catch limits for capelin in ICES zone V and Greenland waters of ICES zone XIV available to the Community at 7,7 % of the capelin TAC as soon as the TAC has been established.
5. Catch limits for the stock of Norway pout in ICES zone IIIa and in EC waters of ICES zones IIa and IV, for the stock of sprat in EC waters of ICES zones IIa and IV and for the stock of anchovy in ICES zone VIII may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2007.
6. 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 ).
7. It shall be prohibited for Community vessels to fish for orange roughy ( Hoplostethus atlanticus ) in the parts of ICES zones V, VI and VII that lie within the NEAFC Regulatory area.
8. It shall be prohibited for Community vessels to fish for redfish ( Sebastes mentella ) in the parts of ICES zones I and II that lie within the NEAFC Regulatory area from 1 January 2007 to 30 June 2007, with the exception of unavoidable by-catches. This prohibition shall also apply from 1 July 2007 to 31 December 2007, if recommended by NEAFC. In this event, the Commission shall publish a notification of the NEAFC recommendation in the ’C’ series of the Official Journal of the European Union.
Special provisions on allocations
1. The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:
a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
b)
reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
e)
deductions made pursuant to Article 5 of Regulation (EC) No 847/96.
2. For the purpose of withholding quotas to be transferred to 2008, Article 4(2) of Regulation (EC) No 847/96 shall apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.
Fishing effort limits and associated conditions for the management of stocks
1. 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;
2. For the period from 1 January 2007 to 31 January 2007 for the stocks mentioned in paragraph 1(a), (b), (c) and (d), the fishing effort and associated conditions laid down in Annexes IIA, IIB, IIC and IID to Regulation (EC) No 51/2006 shall continue to apply.
3. Vessels using gear types identified in point 4.1 of Annex IIA and in point 3 of Annexes IIB and IIC respectively and fishing in areas defined in point 2 of Annex IIA and in point 1 of Annexes IIB and IIC respectively shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94, as provided for in these Annexes.
4. The Commission shall fix the final fishing effort for 2007 for the fisheries on sandeel in ICES zones IIIa and IV and in EC waters of ICES zone IIa based on the rules laid down in points 3 to 6 of Annex IID.
5. Member States shall ensure that for 2007 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 75 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held and deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep sea species, other than greater silver smelt, were caught.
Conditions for landing catches and by-catches
1. 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.
2. 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.
3. Article 2(1) of Regulation (EC) No 1434/98, shall not apply to herring caught in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.
4. All landings shall count against the quota or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of paragraph 2.
5. When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa are exhausted, vessels flying the flag of that Member State, registered in the Community and operating within the fisheries to which the relevant catch limitations apply, shall be prohibited from landing catches which are unsorted and which contain herring.
6. The determination of the percentage of by-catches and their disposal shall be made in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.
Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa
1. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.
2. Unsorted catches in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 1 is in place.
Access limits
No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to four nautical miles from the baselines of Norway.
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
Transitional technical and control measures
Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.
Authorisation
1. Fishing vessels flying the flag of Venezuela or Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the catch limits set out in Annex I, and subject to the conditions provided for in Articles 14 to 16 and 19 to 25.
2. 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:
a)
Basking shark ( Cetorhinus maximus )
b)
White shark ( Carcharodon carcharias ).
Geographical restrictions
1. Fishing by fishing vessels flying the flag of Norway or registered in the Faroe Islands shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of Member States in ICES zone IV, the Kattegat and the Atlantic Ocean north of 43 o 00'N, except the area referred to in Article 18 of Regulation (EC) No 2371/2002.
2. Fishing in the Skagerrak by fishing vessels flying the flag of Norway shall be allowed seawards of four nautical miles from the baselines of Denmark and Sweden.
3. Fishing by fishing vessels flying the flag of Venezuela shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of the Department of French Guyana.
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.
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
Licences and associated conditions
1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing by Community vessels in waters of a third country shall be subject to the holding of a licence issued by the authorities of that third country.
2. However, paragraph 1 shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:
a)
vessels of a tonnage equal to or less than 200 GT; or
b)
vessels carrying out fisheries for human consumption for species other than mackerel; or
c)
vessels flying the flag of Sweden, in line with established practice.
3. The maximum number of licences and other associated conditions shall be fixed as set out in Part I of Annex IV. Requests for licences shall indicate the types of fishing and the name and characteristics of the Community vessels for which licences are to be issued and shall be addressed by the authorities of the Member States to the Commission. The Commission shall submit these requests to the authorities of the third country concerned.
4. If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex IV, the transfer shall include an appropriate transfer of licences and shall be notified to the Commission. However, the total number of licences for each fishing area, as set out in Part I of Annex IV, shall not be exceeded.
5. Community vessels shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.
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
Obligation to have a licence and a special fishing permit
1. Notwithstanding Article 28b of Regulation (EEC) No 2847/93, fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a licence and a special fishing permit.
2. The licence and special fishing permit shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.
3. Fishing vessels from third countries authorised to fish on 31 December 2006 may continue to fish as from 1 January 2007 until the list of fishing vessels authorised to fish is submitted to, and approved by, the Commission.
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.
Number of licences
The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.
Cancellation and withdrawal
1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day preceding the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.
2. Licences and special fishing permits shall be wholly or partially withdrawn before their date of expiry if the quota for the stock in question as set out in Annex I has been exhausted.
3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.
Failure to comply with relevant rules
1. For a period not exceeding 12 months, no licence or special fishing permit shall be issued for any third-country fishing vessel in respect of which the obligations laid down in this Regulation have not been fulfilled.
2. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the third-country fishing vessels which will not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules.
Obligations of the licence holder
1. Third-country fishing vessels shall comply with the conservation and control measures and other provisions governing fishing by Community vessels in the zone in which they operate, in particular Regulations (EEC) No 1381/87, (EEC) No 2847/93, (EC) No 1627/94, (EC) No 850/98, (EC) No 1434/98, and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound ( 34 ) .
2. The third-country fishing vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Part I of Annex V shall be entered.
3. Third-country fishing vessels, except vessels flying the flag of Norway fishing in ICES zone IIIa, shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.
Specific provisions concerning the Department of French Guyana
1. The granting of licences to fish in the waters of the Department of French Guyana shall be subject to an undertaking by the owner of the third-country fishing vessel concerned to permit an observer to come on board at the Commission's request.
2. Third-country fishing vessels fishing in the waters of the Department of French Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex V. Catch data shall be sent to the Commission upon request, via the French authorities.
CHAPTER VI — SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA
Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices
1. In order to protect dolphinfish ( Coryphaena hippurus ), in particular small fish, dolphin fish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January 2007 to 14 August 2007, in all geographical sub-areas of the GFCM Agreement zone.
2. 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.
3. Before 1 November 2007 Member States shall send the Commission a report on the implementation of the measures referred to in paragraph 1.
Establishment of fisheries restrictive areas in order to protect deep sea sensitive habitats.
1. 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
2. Member States shall take the measures necessary for the protection of deep sea sensitive habitats in the areas referred to in paragraph 1 and in particular shall ensure that they protect these areas from the impacts of any other than fishing activity jeopardizing the conservation of the features that characterize these particular habitats.
CHAPTER VII — SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA
SECTION 1 — Community participation
List of vessels
1. Only Community vessels of more than 50 gross tonnes which have been issued a special fishing permits by their flag Member State and are included in the NAFO vessel register shall be authorised, on the conditions set out in their permits, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.
2. Each Member State shall inform the Commission in computer readable form, at least 15 days before the new vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward this information promptly to the NAFO Secretariat.
3. 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.
4. 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
Mesh sizes
1. The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the groundfish species referred to in Annex VII except for fishing for Sebastes mentella as referred to in paragraph 3. That mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid ( Illex illecebrosus ). For direct fishing of skates ( Rajidae ) that mesh size shall be increased to a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.
2. Vessels fishing for shrimp ( Pandalus borealis ) shall use nets with a minimum mesh size of 40 mm.
3. Vessels fishing for pelagic Sebastes mentella (Oceanic redfish) in Sub-Area 2 and Division 1F and 3K shall use nets with a minimum mesh size of 100 mm.
Attachments to nets
1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.
2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.
3. Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those listed in Annex VIII.
4. Vessels fishing for shrimp ( Pandalus borealis ) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum of 72 cm in length as described in Annex IX.
By-catch retained on board
1. Fishing vessels shall limit their by-catch to a maximum of 2500 kg or 10 %, whichever is the greater, for each species listed in Annex IC for which no quota has been allocated in that Division to the Community.
2. In cases where a ban on fishing is in force or an ‘Others’ quota has been fully utilised, the by-catch of the species concerned may not exceed 1 250 kg or 5 %, whichever is the greater.
3. The percentages in paragraphs 1 and 2 calculated as the percentage, by weight, for each species of the total catch retained on board. Catches of shrimp shall not be included in the calculation of by-catch levels of ground fish species.
By-catch in any one haul
1. If the percentages of by-catches in any one haul exceed the percentages laid down in Article 31(1) and (2) the vessel shall immediately move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel shall leave the Division and not return for at least 60 hours.
2. Should total by-catches of all ground fish species subject to quota in any haul in the shrimp fishery exceed 5 % by weight in Division 3M or 2,5 % by weight in Division 3L, the vessel shall move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel shall leave the Division and not return for at least 60 hours.
3. The percentage of by-catch authorised in any one haul shall becalculated as the percentage, by weight, for each species of the total catch in that haul.
Directed fishery and by-catch
1. Masters of Community vessels shall not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species shall be considered to have been conducted when that species comprises the largest percentage by weight of the total catch in any one haul.
2. However, when a vessel is conducting a directed fishery for skate with a legal mesh size appropriate for that fishery, the first time that, in a haul, catches of species for which by-catch limits comprise the largest percentage, by weight of the total catch, they shall be considered as incidental. In this event the vessel shall immediately change position in accordance with Article 32(1) and (2).
3. Following an absence from a Division of at least 60 hours in accordance with the provisions of Article 32(1) and (2), masters of Community vessels shall undertake a trial tow the duration of which shall not exceed 3 hours. By way of derogation from paragraph 1 of this Article, if in a haul from such a trial tow catches of species for which by-catch limits comprise the largest percentage, by weight of the total catch, it shall not be considered as a directed fishery. In this event the vessel shall immediately change position in accordance with Article 32(1) and (2).
Minimum size of fish
1. Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex X may not be processed, retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.
2. Where the quantity of caught fish not having the size required as set out in Annex X exceeds 10 % of the total quantity, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent in Annex X, shall be deemed to originate from fish that is below the minimum fish size.
SECTION 3 — Establishment of fisheries restrictive areas in order to protect deep sea sensitive habitats (seamounts)
Demersal fishing gears
The conduct of fishing activities involving demersal fishing gears shall be prohibited in the following areas:
Area
Coordinate 1
Coordinate 2
Coordinate 3
Coordinate 4
Orphan Knoll
50.00.30
47.00.30
51.00.30
45.00.30
51.00.30
47.00.30
50.00.30
45.00.30
Corner
Seamounts
35.00.00
48.00.00
36.00.00
48.00.00
36.00.00
52.00.00
35.00.00
52.00.00
Newfoundland
Seamounts
43.29.00
43.20.00
44.00.00
43.20.00
44.00.00
46.40.00
43.29.00
46.40.00
New England
Seamounts
35.00.00
57.00.00
39.00.00
57.00.00
39.00.00
64.00.00
35.00.00
64.00.00
SECTION 4 — Control measures
Product labelling and separate stowage
1. All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products ( 36 ) and in case of shrimp the date of capture is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.
2. All shrimp harvested in Division 3L and 3M and all Greenland halibut harvested in Subarea 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones.
3. Taking into account consideration for the legitimate safety and navigational responsibilities of the master of the vessel, the following shall apply:
a)
all catches taken inside the NAFO Regulatory Area shall be stowed separately from all catches taken outside the area. They shall be kept clearly separate, for example with plastic, plywood or netting;
b)
catches of the same species may be stowed in more than one part of the hold but the location where it is stowed shall be clearly represented in the stowage plan referred to in Article 37.
Fishing and production logbooks and stowage plan
1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of Community vessels shall enter in the logbook the information listed in Annex XI to the Regulation.
2. Before the 15th of each month, each Member State shall, in computer-readable form, notify the Commission of the quantities of stocks specified in Annex XII landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.
3. The masters of Community vessels shall, in respect of catches of the species listed in Annex IC, keep:
(a)
a production logbook stating their cumulative production, by species on board in product weight stated in kilograms.
(b)
a stowage plan that shows the location of the different species in the holds. In the case of shrimp, vessels shall keep a stowage plan that specifies the location of shrimp taken in Division 3L and in Division 3M as well as the quantities of shrimp by Division on board in product weight stated in kilograms.
4. The production logbook and stowage plan referred to in paragraph 3 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept on board until the vessel has unloaded completely.
5. The master of a Community vessel shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified.
6. Every two years Member States shall certify the accuracy of the capacity plans for all Community vessels authorised to fish pursuant to Article 28(1). The master shall ensure that a copy of such certification remains onboard to be shown to an inspector upon request.
Carrying of nets
1. When fishing directly for one or more of the species listed in Annex VII, Community vessels shall not carry nets with a mesh size smaller than that laid down in Article 29.
2. However, Community vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep on board nets with a smaller mesh size than that laid down in Article 29 provided they are securely lashed and stowed and are not available for immediate use. Such nets must:
a)
be unshackled from their boards and their hauling or trawling cables and ropes; and
b)
if they are carried on or above the deck, be lashed securely to a part of the superstructure.
Trans-shipment
1. Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.
2. Community vessels shall not engage in trans-shipment operations of fish from or to a non-contracting party vessel which has been sighted or otherwise identified as having engaged in fishing activities in the NAFO Regulatory Area.
3. Community vessels shall report each trans-shipment in the NAFO Regulatory Area to their competent authorities. Donor vessels shall make that report at least twenty-four hours in advance and receiving vessels not later than one hour after the trans-shipment.
4. The report referred to in paragraph 3 shall include the time, the geographical position, the total round weight by species to be off-loaded or on-loaded in kilograms as well as the call sign of vessels involved in the trans-shipment.
5. The receiving vessel shall report, in addition to the total catch on board and the total weight to be landed, the name of the port and the expected time of landing at least 24 hours in advance of any landing.
6. Member States shall promptly transmit the reports referred to in paragraph 3 and 5 to the Commission, which shall promptly forward them to the NAFO Secretariat.
Chartering of Community vessels
1. Member States may assent tot a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area being subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. Chartering arrangements involving vessels identified by NAFO or any other Regional fisheries Organisation as having been involved in Illegal, Unreported and Unregulated (IUU) fishing activities shall, however, not be permitted.
2. On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission, which shall forward this information to the Executive Secretary of NAFO:
(a)
its assent to the charter arrangement;
(b)
species covered by the charter and fishing opportunities allocated by the charter contract;
(c)
duration of the charter arrangement;
(d)
name of the charterer;
(e)
contracting party which chartered the vessel;
(f)
the action the Member State has taken to ensure that the chartered vessels flying its flag comply with the NAFO conservation and enforcement measures for the duration of the chartering period.
3. When the charter arrangement ends, the flag Member State shall inform the Commission, which shall promptly forward this information to the Executive Secretary of NAFO.
4. The flag Member State shall act to ensure that:
(a)
the vessel is not authorised to fish during the charter period against the fishing opportunities allocated to the flag Member State;
(b)
the vessel is not authorised to fish under more than one charter arrangement during the same period;
(c)
the vessel complies with the NAFO conservation and enforcement measures for the duration of the chartering period;
(d)
all catches and by-catches under notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data.
5. Member States shall report all catches and by-catches as referred to in paragraph 4(d) to the Commission separately from other national catch data. The Commission shall promptly forward those data to the Executive Secretary of NAFO.
Monitoring of fishing effort
1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels is commensurate with the fishing opportunities available to that Member State in the NAFO Regulatory Area.
2. Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2007 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels that will engage in these fisheries and the intended number of fishing days those vessels will spend in the NAFO Regulatory Area.
3. Member States shall, on an indicative basis, inform the Commission of the intended activities of their vessels in other areas.
4. The fishing plan shall represent the total fishing effort to be deployed in the NAFO Regulatory Area in relation to the fishing opportunities available to the Member State making the notification.
5. No later than 15 January 2008, Member States shall report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division.
SECTION 5 — Special provisions for northern prawns
Northern prawn fisheries
1. Each Member State shall report to the Commission daily on the quantities of Northern prawns ( Pandalus borealis ) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place at depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.
2. Masters of vessels fishing for shrimp in Division 3L or their representatives shall, before entry into any port, provide the competent authorities of the Member States whose ports they wish to use with the following information at least 24 hours before the estimated time of arrival at port:
a)
the time of arrival at port;
b)
the quantities of shrimp retained on board;
c)
the Division or Divisions where the catches were taken.
SECTION 6 — Special provisions for redfish
Redfish fishery
1. Every second Monday, the master of a Community vessel fishing for redfish in Division Subarea 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area, shall notify the competent authorities of the Member State whose flag the vessel is flying or in which the vessel is registered of the quantities of redfish caught in those zones in the two-week period ending at 12 midnight on the previous Sunday.
When accumulated catches reach 50 % of the TAC, the notification shall be made weekly each Monday.
2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in Subarea 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.
When accumulated catches have reached 50 % of the TAC, reports shall be sent on a weekly basis.
SECTION 7 — Enforcement measures
Follow-up to infringements
1. The competent authorities of a Member State notified of an infringement committed by one of its vessels shall investigate that infringement immediately and fully to obtain the evidence required which shall include, where appropriate, the physical inspection of the vessel concerned.
2. The competent authorities of the Member State shall take immediate judicial or administrative action in accordance with their national legislation against the nationals responsible for the vessel flying its flag where the measures adopted by NAFO have not been respected.
3. The competent authorities of the flag Member State shall ensure that the proceedings initiated pursuant to paragraph 2 are capable, in accordance with the relevant provisions of national law, of providing effective measures that are adequate in severity, secure compliance, deprive those responsible of the economic benefit of the infringement and effectively discourage future infringements.
Treatment of infringement reports from inspectors
1. Inspection and surveillance reports drawn up by NAFO inspectors shall constitute admissible evidence for judicial or administrative proceedings of any Member States. For establishing facts, those reports shall be treated on the same basis as inspection and surveillance reports of their own inspectors.
2. Member States shall collaborate in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under this scheme, subject to the rules governing the admissibility of evidence in domestic judicial and other systems.
Enhanced follow-up with regard to certain serious infringements
1. In addition to the provisions of Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organization ( 37 ) , in particular paragraphs 9 and 10 of the Scheme attached thereto, the flag Member State shall take action under this Section where a vessel flying its flag has committed one of the following serious infringements:
(a)
directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited.
(b)
mis-recording of catches. To be considered for follow-up action under this Article the difference between the inspector's estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook shall be 10 tons or 20 %, whichever is the greater, calculated as a percentage of the production logbook figures. In order to calculate the estimate of the catch on board a stowage factor agreed between the inspectors of the inspecting Contracting Party and the Contracting Party of the inspected vessel shall be used.
(c)
the repetition of the same serious infringement mentioned in paragraph 9 of the Scheme attached to Regulation (EEC) No 1956/88, that has been confirmed in accordance with paragraph 10 of the Scheme during a 100 day period or within the fishing trip, whichever is shorter.
2. The flag Member State shall ensure that following the inspection referred to in paragraph 3 the vessel concerned ceases all fishing activities and an investigation into the serious infringement is initiated.
3. If no inspector or other person designated by the flag Member State of the vessel to carry out the investigation as outlined in paragraph 1 is present in the Regulatory area the flag Member State shall require the vessel to proceed immediately to a port where the investigation can be initiated.
4. When completing the investigation for any serious infringement of mis-recording of catch referred to in paragraph 1(b) the flag Member State shall ensure that the physical inspection and enumeration of total catch on board takes place under its authority in port. Such inspection may take place in the presence of an inspector from any another Contracting Party that wishes to participate, subject to the consent of the flag Member State.
5. When a vessel is required to proceed to port pursuant to paragraphs 2, 3 and 4, an inspector from another Contracting Party may board and/or remain on board the vessel as it is proceeding to port, provided that the competent authority of the Member State of the inspected vessel does not require the inspector to leave the vessel.
Enforcement measures
1. Each flag Member State shall take enforcement measures with respect to a vessel, where it has been established, in accordance with its laws that this fishing vessel flying its flag committed a serious infringement to in Article 46.
2. The measures referred to in paragraph 1 may include, in particular depending on the gravity of the offence and in accordance with the pertinent provisions of national law:
a)
fines;
b)
seizure of illegal fishing gear and catches;
c)
sequestration of the vessel;
d)
suspension or withdrawal of fishing authorisation;
e)
reduction or withdrawal of the fishing quota.
3. The flag Member State of the vessel concerned shall notify to the Commission without delay, the appropriate measures taken in accordance with this Article. Based on this notification, the Commission shall notify to the NAFO Secretariat of that measures.
Report on infringements
1. In case of a serious infringement referred to in Article 46, the Member State concerned shall provide the Commission with a report on the progress of the investigation, including details of any action taken or proposed to be taken in relation to the serious infringement as soon as practicable and in any case within three months following the notification of the infringement and a report on the outcome of the investigation when the investigation is completed.
2. The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report on the progress of the investigation to the NAFO Secretariat within four months following the notification of the infringement and as soon as possible the report on the outcome of the investigation when the investigation is completed.
CHAPTER VIII — SPECIAL PROVISIONS FOR LANDING OR TRANSHIPPING OF FROZEN FISH CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC REGULATORY AREA
Port State control
Without prejudice to Council Regulation (EEC) No 2847/93 and to Council Regulation (EC) No 1093/94 of 6 May 1994 setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports ( 38 ) the procedures set out in this Chapter shall apply from 1 May 2007 to landing or transhipping in ports of Member States of frozen fish caught by third-country fishing vessels in the NEAFC Regulatory area as set out in Article 1 of the Convention attached to Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries ( 39 ) .
Designated ports
Landings and transhipments shall be allowed only in designated ports.
Member States shall designate a place used for landings or a place close to the shore (designated ports) where landings or transhipment operations of fish, referred to in Article 49, are permitted. Notwithstanding the date of application set out in Article 49, Member States shall send to the Commission before 15 January 2007 the list of such ports. Any subsequent changes to the list shall be notified to the Commission at least 15 days before the change comes into force.
The Commission shall publish the list of designated ports and changes thereto in the ’C’ series of the Official Journal of the European Union and place it on its website.
Prior notice of entry into port
1. By way of derogation from Article 28e(1) of Regulation (EEC) No 2847/93 the masters of all fishing vessels, carrying fish referred to in Article 49, intending to call into a port to land or tranship shall notify the competent authorities of the port they wish to use at least 3 working days before the estimated time of arrival.
2. The notification referred to in paragraph 1 of this article shall be accompanied by the form provided for in Part I of Annex XV with Part A duly completed as follows:
a)
Form PSC 1shall be used where the fishing vessel is landing its own catch;
b)
Form PSC 2 shall be used where the fishing vessel has engaged in transhipment operations. In such cases a separate form shall be used for each donor vessel.
3. The port Member State shall forward a copy of the form referred to in paragraph 2 without delay to the flag State of the fishing vessel and to the flag State(s) of donor vessels when the vessel has engaged in transhipment operations.
Authorisation to land or tranship
1. Landings or transhipments may be authorised by the port Member State only if the flag State of the fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, the flag State or States of donor vessels, have confirmed by returning a copy of the form transmitted pursuant to Article 51(3) with Part B duly completed, that:
(a)
the fishing vessels declaring that they have caught the fish had sufficient quota for the species declared;
(b)
the quantities of fish on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable;
(c)
the fishing vessels declaring that they have caught the fish had authorisation to fish in the areas declared;
(d)
the declared presence of the vessel in the area of catch has been verified according to VMS data.
Landing or transhipment operations may commence only after authorisation has been given by the competent authorities of the port Member State.
2. By way of derogation from paragraph 1, the port Member State may authorise all or part of a landing in the absence of the confirmation referred to in paragraph 1 but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received. If the confirmation has not been received within 14 days of the landing the port Member State may confiscate and dispose of the fish in accordance with national rules.
3. The port Member State shall without delay notify its decision whether or not to authorise the landing or transhipment by transmitting a copy of the form provided for in Part I of Annex XV with Part C duly completed to the Commission and to the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Regulatory area.
Inspections
1. Member States shall carry out inspections of at least 15 % of landings or transhipments by third-country fishing vessels, referred to in Article 49, in its ports each year.
2. Inspections shall involve the monitoring of the entire discharge or transhipment and include a cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped.
3. Inspectors shall make all possible efforts to avoid unduly delaying a fishing vessel and ensure that the fishing vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided.
Inspection reports
1. Each inspection shall be documented by completing an inspection report as set out in Part II of Annex XV.
2. A copy of each inspection report shall be transmitted without delay to the flag State of the inspected fishing vessel and to the flag State or States of donor vessels where the fishing vessel has engaged in transhipment operations and to the Commission and the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Regulatory Area;
3. The original or a certified copy of each inspection report shall be forwarded on request to the flag State of the inspected fishing vessel.
CHAPTER IX — SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR
SECTION 1 — Restrictions and vessel information requirements
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex XIII shall be prohibited in the zones and during the periods set out in that Annex.
2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex XIV shall apply in the Subareas set out in that Annex.
Information requirements relating to vessels authorised to fish in the Area of CCAMLR
1. As from 1 August 2007, Member States shall communicate to the Commission, in addition to the information requirements relating to authorised vessels set forth in Article 3(2) of Regulation (EC) No 601/2004, the following in respect of such vessels:
(a)
vessel IMO number (if issued);
(b)
previous flag, if any;
(c)
international Radio Call Sign;
(d)
name and address of vessel's owner(s), and any beneficial owner(s), if known;
(e)
type of vessel;
(f)
where and when it was built;
(g)
length;
(h)
colour photograph of the vessel, which shall consist of:
(i)
one photograph not smaller than 12 x 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features;
(ii)
one photograph not smaller than 12 x 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features;
(iii)
one photograph not smaller than 12 x 7 cm showing the stern, taken directly from astern;
(i)
measures taken to ensure tamper-proof operation of the satellite monitoring device installed on board.
2. As from 1 August 2007, Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the Area of CCAMLR:
(a)
name and address of operator, if different from vessel owner(s);
(b)
names and nationality of master and, where relevant, of fishing master;
(c)
type of fishing method or methods;
(d)
beam (m);
(e)
gross registered tonnage;
(f)
vessel communication types and numbers (INMARSAT A, B and C numbers);
(g)
normal crew complement;
(h)
power of main engine or engines;
(i)
carrying capacity (tonnes), number of fish holds and their capacity (m 3 );
(j)
any other information (e.g. ice classification) considered appropriate.
Report of vessel sightings
1. Should the master of a licensed fishing vessel sight a fishing vessel within the Area of CCAMLR, he shall, where possible, document as much information as possible on each such sighting, including:
(a)
name and description of the vessel;
(b)
vessel call sign;
(c)
registration number and the Lloyds/IMO number of the vessel;
(d)
flag state of the vessel;
(e)
photographs of the vessel to support the report;
(f)
any other relevant information regarding the observed activities of the sightedvessel.
2. The master shall forward a report containing the information referred to in paragraph 1 to his flag State as soon as possible. The flag State shall submit to the CCAMLR Secretariat any such reports if the sighted vessel is engaged in illegal, unreported and unregulated (IUU) activities according to CCAMLR standards.
SECTION 2 — Exploratory fisheries
Participation in exploratory fisheries
1. Fishing vessels flying the flag of, and registered in, Spain that have been notified to CCAMLR in accordance with the provisions of Article 7 of Regulation (EC) No 601/2004 may participate in long-line exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2, 58.4.3a) outside Areas of national jurisdiction and 58.4.3b) outside Areas of national jurisdiction.
2. No more than one fishing vessel per Member State shall fish in Divisions 58.4.3a) and 58.4.3b) at any one time.
3. With regard to Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2, total catch and by-catch limits per Subarea and Division, and their distribution among Small Scale Research Units (SSRUs) within each of them shall be as set out in Annex XIV. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit, and that SSRU shall be closed to fishing for the remainder of the season.
4. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.
Reporting systems
Fishing vessels participating in the exploratory fisheries as referred to in Article 58 shall be subject to the following catch and effort reporting systems:
(a)
the Five-day Catch and Effort Reporting System set out in Article 12 of Regulation (EC) No 601/2004, with the exception that Member States shall submit to the Commission catch and effort reports not later than two working days after the end of each reporting period, for immediate transmission to CCAMLR. In Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2, reporting shall be made by Small Scale Research Units;
(b)
the Monthly fine-scale Catch and Effort Reporting System set out in Article 13 of Regulation (EC) No 601/2004;
(c)
the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the ‘jellymeat’ condition, shall be reported.
Special requirements
1. The exploratory fisheries as referred to in Article 58 shall be carried out in accordance with Article 8 of Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources ( 40 ) with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures:
(a)
the discharge of offal shall be prohibited in these fisheries;
(b)
vessels participating in exploratory fisheries in Divisions 58.4.1 and 58.4.2 which comply with CCAMLR Protocols (A, B or C) for longline weighting shall be exempted from the night-setting requirement; however, vessels which catch a total of three seabirds shall immediately revert to night setting in accordance with Article 8 of Regulation (EC) No 601/2004;
(c)
vessels participating in exploratory fisheries in Subareas 88.1 and 88.2 as well as Divisions 58.4.3a) and 58.4.3b) which catch a total of three seabirds shall cease fishing immediately and shall not be permitted to fish outside the normal fishing season for the remainder of the 2006/07 season.
2. Fishing vessels participating in exploratory fisheries in FAO Subareas 88.1 and 88.2 shall be subject to the following additional requirements:
a)
Vessels shall be prohibited from discharging:
(i)
oil or fuel products or oily residues into the sea, except as permitted in Annex I to MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships);
(ii)
garbage;
(iii)
food wastes not capable of passing through a screen with openings no greater than 25 mm;
(iv)
poultry or parts thereof (including egg shells);
(v)
sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than 4 knots;
(vi)
incineration ash; or
(vii)
offal.
b)
no live poultry or other living birds shall be brought into Subareas 88.1 and 88.2 and any dressed poultry not consumed shall be removed from Subareas 88.1 and 88.2;
c)
fishing for Dissostichus spp. in Subareas 88.1 and 88.2 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.
Definition of hauls
1. For the purposes of this Section, a haul shall comprise the setting of one or more lines in a single location. The precise geographic position of a haul shall be determined by the centre-point of the line or lines deployed for the purposes of catch and effort reporting.
2. To be designated as a research haul:
a.
each research haul shall be separated by no less than five nautical miles from any other research haul, distance to be measured from the geographical mid-point of each research haul;
b.
each haul shall comprise at least 3 500 hooks and no more than 10 000 hooks; this may comprise a number of separate lines set in the same location;
c.
each haul of a longline shall have a soak time of not less than six hours, measured from the time of completion of the setting process to the beginning of the hauling process.
Research plans
Fishing vessels participating in the exploratory fisheries referred to in Article 58 shall implement Research Plans, in each and all SSRUs in which FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 are divided. The Research Plan shall be implemented in the following manner:
(a)
on first entry into a SSRU, the first 10 hauls, designated ‘first series’, shall be designated ‘research hauls’ and must satisfy the criteria set out in Article 61(2);
(b)
the next 10 hauls, or 10 tonnes of catch, whichever trigger level is achieved first, shall be designated the ‘second series’. Hauls in the second series may, at the discretion of the master, be fished as part of normal exploratory fishing. However, provided they satisfy the requirements of Article 61(2), these hauls may also be designated as research hauls;
(c)
on completion of the first and second series of hauls, if the master wishes to continue to fish within the SSRU, the vessel shall undertake a ‘third series’ which shall result in a total of 20 research hauls being made in all three series. The third series of hauls shall be completed during the same visit as the first and the second series in a SSRU;
(d)
on completion of 20 research hauls of the third series, the vessel may continue to fish within the SSRU;
(e)
in SSRUs A, B, C, E and G in Subareas 88.1 and 88.2 where fishable seabed area is less than 15 000 km 2 , points (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.
Data collection plans
1. Fishing vessels participating in the exploratory fisheries referred to in Article 58 shall implement data collection plans, in each and all SSRUs in which FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 are divided. The Data Collection Plan shall comprise the following data:
(a)
the position and sea depth at each end of every line in a haul;
(b)
the setting, soak, and hauling times;
(c)
the number and species of fish lost at surface;
(d)
the number of hooks set;
(e)
the bait type;
(f)
the baiting success ( %);
(g)
the hook type; and
(h)
the sea and cloud conditions and phase of the moon at the time of setting the lines.
2. All data referred to under paragraph 1 shall be collected for every research haul; in particular, all fish in a research haul up to 100 fish are to be measured and at least 30 fish sampled for biological studies. Where more than 100 fish are caught, a method for randomly subsampling the fish shall be applied.
Tagging programme
1. Each fishing vessel participating in the exploratory fisheries as referred to in Article 58 shall implement a tagging programme as follows:
(a)
Dissostichus spp. individuals shall be tagged and released in accordance with the provisions set out in the CCAMLR Tagging Program and Protocol for Dissostichus spp. in exploratory fisheries. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged one individual per tonne of green weight caught;
(b)
the programme shall target individuals of all sizes in order to meet the tagging requirement. Only toothfish that are in good condition shall be tagged. All released individuals shall be double-tagged and releases shall cover as broad a geographical area as possible;
(c)
all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual;
(d)
all recaptured tagged individuals (i.e. fish caught that have a previously inserted tag) shall not be re-released, even if they were at liberty for only a short period;
(e)
all recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic photograph taken if possible, the otoliths recovered and the tag removed;
(f)
all relevant tag data and any data recording tag recaptures shall be reported electronically in the CCAMLR format to CCAMLR within three months of the vessel departing these fisheries;
(g)
all relevant tag data, any data recording tag recaptures, and specimens from recaptures shall also be reported electronically in the CCAMLR format to the relevant regional tag data repository as detailed in the CCAMLR Tagging Protocol.
2. Toothfish that are tagged and released shall not be counted against the catch limits.
Scientific observers and inspectors
1. Each fishing vessel participating in the exploratory fisheries referred to in Article 58 shall have at least two scientific observers, one of which shall be an observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board throughout all fishing activities within the fishing period.
2. Each Member State, subject to and in accordance with their applicable laws and regulations, including rules governing the admissibility of evidence in domestic courts, shall consider and act on reports from inspectors of a designating CCAMLR Member under this scheme on the same basis as reports from its own inspectors and both the Contracting Party and the designating CCAMLR Member concerned shall cooperate in order to facilitate judicial or other proceedings arising from any such report.
Notifications of intent to participate in a krill fishery
Each Member State intending to fish for krill in the Area of CCAMLR shall notify the CCAMLR Secretariat of its intention not less than four months in advance of the regular annual meeting of the Commission, immediately prior to the season in which it intends to fish.
Interim prohibition of deep-sea gillnetting
1. The use of gillnets in the Area of CCAMLR, for purposes other than scientific research, shall be prohibited until the Scientific Committee has investigated and reported on the potential impacts of this gear and the Commission has agreed on the basis of advice from the Scientific Committee that such a method may be used in the Area of CCAMLR.
2. The use of gillnets for scientific research in waters deeper than 100 meters shall be notified in advance to the Scientific Committee and be approved by the Commission before such research can commence.
3. Any vessel seeking to transit the Area of CCALMR carrying gillnets shall give advance notice of its intent, including the expected dates of its passage through the Area of CCAMLR to the CCAMLR Secretariat. Any vessel in possession of gillnets within the Area of CCAMLR which has not given such an advance notice, shall be in breach of these provisions.
Interim restrictions on the use of bottom trawling gear in the high-seas of the Area of CCAMLR for the fishing seasons 2006/07 and 2007/08
1. The use of bottom trawling gear in the high-seas areas of the Area of CCAMLR shall be restricted to areas for which the Commission has conservation measures in force for bottom trawling gear.
2. This restrictive measure shall not apply to the use of bottom trawling gear in conducting scientific research in the Area of CCAMLR.
CHAPTER X — SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO CONVENTION AREA
SECTION 1 — Authorisation of vessels
Authorisation of vessels
1. Member States shall submit electronically, where possible, to the Commission by 1 June 2007, the list of their vessels that are authorised to operate in the SEAFO Convention Area by issue of a fishing permit.
2. Owners of the vessels included in the list referred to in paragraph 1 shall be citizens or legal entities of the Community.
3. Fishing vessels may be authorised to operate in the SEAFO Convention Area only if they are able to fulfil the requirements and responsibilities under the SEAFO Convention and its conservation and management measures.
4. No fishing permit shall be issued to vessels that have a history of IUU fishing activities unless the new owners have provided sufficient evidence demonstrating that the previous owners and operators have no legal, beneficial or financial interest in, or control over those vessels, or that, having taken into account all relevant facts, their vessels are not engaged in or associated with IUU fishing.
1. The list referred to in paragraph 1 shall include the following information:
(a)
name of vessel, registration number, previous names (if known), and port of registry;
(b)
previous flag (if any);
(c)
International Radio Call Sign (if any);
(d)
name and address of owner or owners;
(e)
type of vessel;
(f)
length;
(g)
name and address of operator (manager) or operators (managers) (if any);
(h)
gross register tonnage; and
(i)
power of main engine or engines.
6. Member States shall promptly notify the Commission, after the establishment of the initial list of authorised vessels, of any addition to, deletion from and/or any modification whenever such changes occur.
Obligations for authorised vessels
1. Vessels shall comply with all the relevant SEAFO conservation and management measures.
2. Authorised vessels shall keep on board valid certificates of vessel registration and valid authorisation to fish and/or tranship.
Unauthorised vessels
1. Member States shall take measures to prohibit the fishing for, the retaining on board, the transhipment and landing of species covered by the SEAFO Convention by vessels which are not entered on the SEAFO list of authorised vessels.
2. Member States shall notify the Commission of any factual information showing that there are reasonable grounds for suspecting that vessels not on the SEAFO list of authorised vessels are engaged in fishing for and/or transhipment of species covered by the SEAFO Convention in the SEAFO Convention Area.
3. Member States shall take the necessary measures to ensure that the owners of vessels included in the SEAFO list of authorised vessels are not engaged in or associated with, fishing activities conducted by vessels not entered on the SEAFO list of authorised vessels in the SEAFO Convention Area.
SECTION 2 — Transhipments
Prohibition of transhipments at sea
Each Member State shall prohibit transhipments at sea by vessels flying their flag in the SEAFO Convention Area, for species covered by the SEAFO Convention.
In-port Transhipments
1. Community fishing vessels which catch species covered by the SEAFO Convention in the SEAFO Convention Area shall tranship in the port of a SEAFO Contracting Party only if they have prior authorisation from the Contracting Party in whose port the operation will take place. Community fishing vessels shall be permitted to carry out transhipments only if they have obtained such a prior authorisation to tranship from the flag Member State and the port State.
2. Each Member State shall ensure that its authorised fishing vessels obtain a prior authorisation to engage in in-port transhipments. Member States shall also ensure that the transhipments are consistent with the reported catch amount of each vessel and require the reporting of transhipments.
3. The master of a Community fishing vessel who transships to another vessel, hereinafter referred to as ‘the receiving vessel’, any quantity of catches of species covered by the SEAFO Convention fished in the SEAFO Convention Area shall at the time of the transshipment inform the flag State of the receiving vessel of the species and quantities involved, of the date of the transshipment and the location of catches and shall submit to his flag Member State a SEAFO transshipment declaration in accordance with the format set out in Part I of Annex XVI.
4. The master of the Community fishing vessel shall notify, at least 24 hours in advance, the following information to the SEAFO Contracting Party in whose port the transshipment will take place:
a)
the names of the transshipping fishing vessels,
b)
the names of the receiving vessels,
c)
the tonnage by species to be transshipped,
d)
the day and port of transshipment.
5. Not later than 24 hours before the beginning, and at the end of a transshipment when this takes place in a port of a SEAFO Contracting Party, the master of the Community flagged receiving vessel shall inform the competent authorities of the port State of the quantities of catches of species covered by the SEAFO Convention on board his vessel and transmit the SEAFO transshipment declaration to these competent authorities within 24 hours.
6. The master of the Community flagged receiving vessel shall, 48 hours before landing, submit a SEAFO transshipment declaration to the competent authorities of the port State where the landing takes place.
7. Each Member State shall take the appropriate measures to verify the accuracy of the information received and shall cooperate with the flag State to ensure that landings are consistent with the reported catches amount of each vessel.
8. Each Member State with vessels authorized to fish in the SEAFO Convention Area for species covered by the SEAFO Convention, shall notify to by 1 June 2007 to the Commission the details of the transshipments by its flag vessels.
SECTION 3 — Conservation measures for the management of vulnerable deep-water habitats and ecosystems
Closed areas
All fishing activities for species covered by the SEAFO Convention by Community fishing vessels shall be prohibited in the areas defined below:
(a)
Sub Division A1
i)
Dampier Seamount
10 o 00'S 02 o 00'W
10 o 00'S 00 o 00'E
12 o 00'S 02 o 00'W
12 o 00'S 00 o 00'E
ii)
Malahit Guyot Seamount
11 o 00'S 02 o 00'W
11 o 00'S 04 o 00'W
13 o 00'S 02 o 00'W
13 o 00'S 04 o 00'W
(b)
Sub-division B1
Molloy Seamount
27 o 00'S 08 o 00'E
27 o 00'S 10 o 00'E
29 o 00'S 08 o 00'E
29 o 00'S 10 o 00'E
(c)
Division C
i)
Schmidt-Ott Seamount & Erica Seamount
37 o 00'S 13 o 00E
37 o 00'S 17 o 00'E
40 o 00'S 13 o 00E
40 o 00'S 17 o 00'E
ii)
Africana seamount
37 o 00'S 28 o 00E
37 o 00'S 30 o 00E
38 o 00'S 28 o 00E
38 o 00'S 30 o 00E
iii)
Panzarini Seamount
39 o 00'S 11 o 00'E
39 o 00'S 13 o 00'E
41 o 00'S 11 o 00'E
41 o 00'S 13 o 00'E
(d)
Sub-division C1
i)
Vema Seamount
31 o 00'S 08 o 00'E
31 o 00'S 09 o 00'E
32 o 00'S 08 o 00'E
32 o 00'S 09 o 00'E
ii)
Wust Seamount
33 o 00'S 06 o 00'E
33 o 00'S 08 o 00'E
34 o 00'S 06 o 00'E
34 o 00'S 08 o 00'E
(e)
Division D
i)
Discovery, Junoy, Shannon Seamounts
41 o 00'S 06 o 00'W
41 o 00'S 03 o 00'E
44 o 00'S 06 o 00'W
44 o 00'S 03 o 00'E
ii)
Schwabenland & Herdman Seamounts
44 o 00'S 01 o 00'W
44 o 00'S 02 o 00'E
47 o 00'S 01 o 00'W
47 o 00'S 02 o 00'E
Past fishing activities
Member States shall communicate to the Commission, by 1 June 2007, information relating to their fishing activities for species covered by the SEAFO Convention that were undertaken in 2004, 2005 and 2006 in the areas referred to in Article 74 in the following format:
Type of Fishing
Effort Measurement
Total Catch (Mt)
Trawlers
a.
Kilowatt/fishing days
b.
Vessel/fishing days
Longliners
a.
Gross tonnage/fishing days
b.
Average number of hooks deployed/Number of deployments
Others
Gross tonnage/fishing days
SECTION 4 — Measures on reducing incidental by-catch of seabirds
Information on interactions with seabirds
Member States shall collect and provide all available information to the Commission by 1 June 2007, on interactions with seabirds, including incidental catches by their fishing vessels, fishing for species covered by the SEAFO Convention.
Mitigation measures
1. All Community vessels fishing south of the parallel of latitude 30 degrees South shall carry and use bird-scaring lines (tori poles):
a)
tori poles shall comply with agreed tori line design and deployment guidelines, as set out in Part II of Annex XVI;
b)
tori poles shall be deployed prior to longlines entering the water at all times south of the parallel of latitude 30 degrees South;
c)
where practical, vessels shall be encouraged to use a second tori pole and bird-scaring line at times of high bird abundance or activity;
d)
back-up tori lines shall be carried by all vessels and be ready for immediate use.
2. Longlines shall be set at night only (i.e. during the hours of darkness between the times of nautical twilight ( 41 ) . During longline fishing at night, only the minimum ship's lights necessary for safety shall be used.
3. The dumping of offal shall be prohibited while gear is being shot or set. The dumping of offal during the hauling of gear shall be avoided. Any such discharge shall take place, where possible, on the opposite side of the vessel to that where the gear is being hauled. For vessels or fisheries where there is no requirement to retain offal on board the vessel, a system shall be implemented to remove fish hooks from offal and fish heads prior to discharge. Nets shall be cleaned prior to shooting to remove items that might attract seabirds.
4. Community fishing vessels shall adopt shooting and hauling procedures that minimise the time during which the net is lying on the surface with the meshes slack. Net maintenance shall, to the extent possible, not be carried out with the net in the water.
5. Community fishing vessels shall be encouraged to develop gear configurations that will minimise the likelihood of birds encountering the part of the net to which they are most vulnerable. This may include increasing the weighting or decreasing the buoyancy of the net so that it sinks faster, or placing coloured streamer or other devices over particular areas of the net where the mesh sizes create a particular danger to birds.
6. Community fishing vessels which are so configured that they lack on-board processing facilities or adequate capacity to retain offal on board, or the ability to discharge offal on the opposite side of the vessel to that where gear is being hauled, shall not be authorised to fish in the SEAFO Convention Area.
7. Every effort shall be made to ensure that birds captured alive during fishing operations are released alive and that whenever possible hooks are removed without jeopardising the life of the bird concerned.
Communication of vessel movements and catches
1. Fishing vessels and fishing research vessels authorised to fish in the SEAFO Convention Area and which are engaged in fishing shall send entry, catch and exit reports to the flag Member State's authorities by VMS, or other appropriate means, and, if the flag Member State so requires, to the SEAFO Executive Secretary.
2. The entry report shall be made no more than 12 hours and at least 6 hours in advance of each entry into the SEAFO Convention Area and shall include entering date, time, geographical position of the vessel and the quantity of fish on board by species (FAO 3 Alfa Code) and by live weight (kg).
3. The Catch report shall be made by species (FAO 3 Alfa Code) and by live weight (kg) at the end of each calendar month.
4. The exit report shall be made no more than 12 hours and at least 6 hours in advance of each exit from the SEAFO Convention Area. It shall include exiting date, time, geographical position of the vessel, the number of fishing days and the catch taken by species (FAD 3 Alfa Code) and by live weight (kg) in the SEAFO Convention Area since the commencement of fishing in the SEAFO Convention Area, or since the last catch report.
Scientific observation and collection of information to support stock assessment
1. Each Member State shall ensure that all its fishing vessels operating in the SEAFO Convention Area, and targeting species covered by the SEAFO Convention, carry qualified scientific observers.
2. Each Member State shall require the submission of the information collected by the observers, in respect of each vessel flying its flag, within 30 days of leaving the SEAFO Convention Area. The data shall be submitted in the format specified by the SEAFO Scientific Committee. The Member State shall provide the Commission with a copy of the information as soon as possible, taking account of the need to maintain confidentiality of non-aggregated data. The Member State may also provide the SEAFO Executive Secretary with a copy of the information.
3. The information referred to in this Article shall, to the greatest extent possible, be collected and verified by designated observers by 30 June 2007.
Sightings of non-Contracting Party vessels
1. Fishing vessels flying the flag of a Member State shall report to their flag Member State information on any possible fishing activity by vessels flying the flag of a non-Contracting Party in the SEAFO Convention Area. This information shall contain, inter alia :
(a)
the name of the vessel;
(b)
the registration number of the vessel;
(c)
the flag State of the vessel;
(d)
any other relevant information regarding the sighted vessel.
2. Each Member State shall submit the information referred to in paragraph 1 to the Commission as rapidly as possible. The Commission shall forward this information to the SEAFO Executive Secretary for information.
CHAPTER XI — ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES
North Atlantic
Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic shall be subject to the measures set out in Annex XVII.
CHAPTER XII — FINAL PROVISIONS
Data transmission
When pursuant to Articles 15(1) and 18(1) of Regulation (EEC) No 2847/93, Member States send data to the Commission relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.
Repeal
Regulation (EC) No 1116/2006 is hereby repealed.
References made to the repealed Regulation shall be construed as being made to this Regulation.
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2007.
Where the TACs of the CCAMLR area are set for periods starting before 1 January 2007, Article 55 shall apply with effect from the beginning of the respective periods of application of the TACs.
Supplementary provisions
CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD COUNTRY FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)
ANNEX ISupplementary provisions
ANNEX I
CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD COUNTRY FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)
All catch limits set out in this Annex shall be considered as quotas for the purposes of Article 5 of this Regulation, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, and in particular Articles 14 and 15 thereof
Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. The following table of correspondences of Latin names and common names is given for the purposes of this Regulation:
Scientific name
Alpha-3 code
Common name
Ammodytidae
SAN
Sandeel
Anarhichas lupus
CAT
Atlantic catfish
Aphanopus carbo
BSF
Black scabbardfish
Argentina silus
ARU
Greater silver smelt
Beryx spp.
ALF
Alfonsinos
Boreogadus saida
POC
Polar cod
Brosme brosme
USK
Tusk
Centrophorus squamosus
GUQ
Leafscale gulper shark
Centroscymnus coelolepis
CYO
Portuguese dogfish
Cetorhinus maximus
BSK
Basking shark
Chaenocephalus aceratus
SSI
Blackfin icefish
Champsocephalus gunnari
ANI
Antarctic icefish
Channichthys rhinoceratus
LIC
Unicorn icefish
Chionoecetes spp.
PCR
Snow crab
Clupea harengus
HER
Herring
Coryphaenoides rupestris
RNG
Roundnose grenadier
Dalatias licha
SCK
Kitefin shark
Deania calcea
DCA
Birdbeak dogfish
Dissostichus eleginoides
TOP
Antarctic toothfish
Engraulis encrasicolus
ANE
Anchovy
Etmopterus princeps
ETR
Great lantern shark
Etmopterus pusillus
ETP
Smooth lantern shark
Etmopterus spinax
ETX
Velvet belly
Euphausia superba
KRI
Krill
Gadus morhua
COD
Cod
Galeorhinus galeus
GAG
Tope shark
Germo alalunga
ALB
Albacore tunna
Glyptocephalus cynoglossus
WIT
Witch flounder
Gobionotothen gibberifrons
NOG
Humped rockcod
Hippoglossoides platessoides
PLA
American plaice
Hippoglossus hippoglossus
HAL
Atlantic halibut
Hoplostethus atlanticus
ORY
Orange roughy
Illex illecebrosus
SQI
Short fin squid
Lamna nasus
POR
Porbeagle
Lampanyctus achirus
LAC
Lantern fish
Lepidonotothen squamifrons
NOS
Grey rockcod
Lepidorhombus spp.
LEZ
Megrims
Limanda ferruginea
YEL
Yellowtail flounder
Limanda limanda
DAB
Dab
Lophiidae
ANF
Anglerfish
Macrourus berglax
RHG
Roughead grenadier
Macrourus spp.
GRV
Grenadier
Makaira nigricans
BUM
Blue marlin
Mallotus villosus
CAP
Capelin
Martialia hyadesi
SQS
Squid
Melanogrammus aeglefinus
HAD
Haddock
Merlangius merlangus
WHG
Whiting
Merluccius merluccius
HKE
Hake
Micromesistius poutassou
WHB
Blue whiting
Microstomus kitt
LEM
Lemon sole
Molva dypterigia
BLI
Blue ling
Molva macrophthalmus
SLI
Spanish ling
Molva molva
LIN
Ling
Nephrops norvegicus
NEP
Norway lobster
Notothenia rossii
NOR
Marbled rockcod
Pagellus bogaraveo
SBR
Red Seabream
Pandalus borealis
PRA
Northern prawn
Paralomis spp.
PAI
Crab
Penaeus spp.
PEN
‘Penaeus’ shrimps
Phycis spp.
FOX
Forkbeards
Platichthys flesus
FLX
Flounder
Pleuronectes platessa
PLE
Plaice
Pleuronectiformes
FLX
Flatfish
Pollachius pollachius
POL
Pollack
Pollachius virens
POK
Saithe
Psetta maxima
TUR
Turbot
Pseudochaenichthus georgianus
SGI
South Georgian icefish
Rajidae
SRX-RAJ
Skates and rays
Reinhardtius hippoglossoides
GHL
Greenland halibut
Salmo salar
SAL
Atlantic salmon
Scomber scombrus
MAC
Mackerel
Scopthalmus rhombus
BLL
Brill
Sebastes spp.
RED
Redfish
Solea solea
SOL
Common sole
Solea spp.
SOX
Sole
Sprattus sprattus
SPR
Sprat
Squalus acanthias
DGS
Spurdog/dogfish
Tetrapturus alba
WHM
White marlin
Thunnus alalunga
ALB
Albacore
Thunnus albacares
YFT
Yellowfin tuna
Thunnus obesus
BET
Bigeye tuna
Thunnus thynnus
BFT
Bluefin tuna
Trachurus spp.
JAX
Horse mackerel
Trisopterus esmarki
NOP
Norway pout
Urophycis tenuis
HKW
White hake
Xiphias gladius
SWO
Swordfish
The following table of correspondences of common names and Latin names is given exclusively for explanatory purposes:
Albacore
ALB
Thunnus alalunga
Albacore tunna
ALB
Germo alalunga
Alfonsinos
ALF
Beryx spp.
American plaice
PLA
Hippoglossoides platessoides
Anchovy
ANE
Engraulis encrasicolus
Anglerfish
ANF
Lophiidae
Antarctic icefish
ANI
Champsocephalus gunnari
Antarctic toothfish
TOP
Dissostichus eleginoides
Atlantic catfish
CAT
Anarhichas lupus
Atlantic halibut
HAL
Hippoglossus hippoglossus
Atlantic salmon
SAL
Salmo salar
Basking shark
BSK
Cetorhinus maximus
Bigeye tuna
BET
Thunnus obesus
Birdbeak dogfish
DCA
Deania calcea
Black scabbardfish
BSF
Aphanopus carbo
Blackfin icefish
SSI
Chaenocephalus aceratus
Blue ling
BLI
Molva dypterigia
Blue marlin
BUM
Makaira nigricans
Blue whiting
WHB
Micromesistius poutassou
Bluefin tuna
BFT
Thunnus thynnus
Brill
BLL
Scopthalmus rhombus
Capelin
CAP
Mallotus villosus
Cod
COD
Gadus morhua
Common sole
SOL
Solea solea
Crab
PAI
Paralomis spp.
Dab
DAB
Limanda limanda
Flatfish
FLX
Pleuronectiformes
Flounder
FLX
Platichthys flesus
Forkbeards
FOX
Phycis spp.
Great lantern shark
ETR
Etmopterus princeps
Greater silver smelt
ARU
Argentina silus
Greenland halibut
GHL
Reinhardtius hippoglossoides
Grenadier
GRV
Macrourus spp.
Grey rockcod
NOS
Lepidonotothen squamifrons
Haddock
HAD
Melanogrammus aeglefinus
Hake
HKE
Merluccius merluccius
Herring
HER
Clupea harengus
Horse mackerel
JAX
Trachurus spp.
Humped rockcod
NOG
Gobionotothen gibberifrons
Kitefin shark
SCK
Dalatias licha
Krill
KRI
Euphausia superba
Lantern fish
LAC
Lampanyctus achirus
Leafscale gulper shark
GUQ
Centrophorus squamosus
Lemon sole
LEM
Microstomus kitt
Ling
LIN
Molva molva
Mackerel
MAC
Scomber scombrus
Marbled rockcod
NOR
Notothenia rossii
Megrims
LEZ
Lepidorhombus spp.
Northern prawn
PRA
Pandalus borealis
Norway lobster
NEP
Nephrops norvegicus
Norway pout
NOP
Trisopterus esmarki
Orange roughy
ORY
Hoplostethus atlanticus
Penaeus shrimps
PEN
Penaeus spp.
Plaice
PLE
Pleuronectes platessa
Polar cod
POC
Boreogadus saida
Pollack
POL
Pollachius pollachius
Porbeagle
POR
Lamna nasus
Portuguese dogfish
CYO
Centroscymnus coelolepis
Red Seabream
SBR
Pagellus bogaraveo
Redfish
RED
Sebastes spp.
Roughead grenadier
RHG
Macrourus berglax
Roundnose grenadier
RNG
Coryphaenoides rupestris
Saithe
POK
Pollachius virens
Sandeel
SAN
Ammodytidae
Short fin squid
SQI
Illex illecebrosus
Skates and rays
SRX-RAJ
Rajidae
Smooth lantern shark
ETP
Etmopterus pusillus
Snow crab
PCR
Chionoecetes spp.
Sole
SOX
Solea spp.
South Georgian icefish
SGI
Pseudochaenichthus georgianus
Spanish ling
SLI
Molva macrophthalmus
Sprat
SPR
Sprattus sprattus
Spurdog/dogfish
DGS
Squalus acanthias
Squid
SQS
Martialia hyadesi
Swordfish
SWO
Xiphias gladius
Tope shark
GAG
Galeorhinus galeus
Turbot
TUR
Psetta maxima
Tusk
USK
Brosme brosme
Unicorn icefish
LIC
Channichthys rhinoceratus
Velvet belly
ETX
Etmopterus spinax
White hake
HKW
Urophycis tenuis
White marlin
WHM
Tetrapturus alba
Whiting
WHG
Merlangius merlangus
Witch flounder
WIT
Glyptocephalus cynoglossus
Yellowfin tuna
YFT
Thunnus albacares
Yellowtail flounder
YEL
Limanda ferruginea
ANNEX IISupplementary provisions
ANNEX II
TRANSITIONAL TECHNICAL AND CONTROL MEASURES
ANNEX IIISupplementary provisions
ANNEX III
TRANSITIONAL TECHNICAL AND CONTROL MEASURES
Part A
North Atlantic including the North Sea, Skagerrak and Kattegat
1. Landing and weighing procedures for herring, mackerel and horse mackerel in ices zones I to VII
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.
2. Fishing for herring in EC waters of ices zone IIa
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.
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. Electric fishing in ices zones IVc and IVb
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. Closure of an area for sandeel fisheries in ICES zone IV
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 o 30'N,
—
latitude 55 o 30'N, longitude 1 o 00'W,
—
latitude 58 o 00'N, longitude 1 o 00'W,
—
latitude 58 o 00'N, longitude o 00'W,
—
the east coast of Scotland at longitude 2 o 00'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 in ICES zone VI
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
57 o 00'N
15 o 00'W
2
57 o 00'N
14 o 00'W
3
56 o 30'N
14 o 00'W
4
56 o 30'N
15 o 00'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 o 05'N, 06 o 45'W
—
59 o 30'N, 06 o 00'W
—
59 o 40'N, 05 o 00'W
—
60 o 00'N, 04 o 00'W
—
59 o 30'N, 04 o 00'W
—
59 o 05'N, 06 o 45'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. Technical conservation measures in the Irish Sea
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, trammel 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 o 30 N,
—
54 o 30_ N, 04 o 50_ W,
—
54 o 15_ N, 04 o 50_ W,
—
a point on the east coast of Ireland at 53 o 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.
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) ( 1 ) shall apply.
9. Use of gillnets in ICES Zones VIa, b, VII b, c, j, k and XII
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)
Gillnets 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 2,5 km 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 floatation. 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.
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 ( 2 ) .
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 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.
10. 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 zones III, IV, V, VI and VII and ICES zones VIII a, b, d, e ( 3 ) , 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. Restrictions on fishing for anchovy in ices zone VIII and for roundnose grenadier in ICES zone IIIa
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.
12. Fishing effort for deep sea species
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.
13. 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:
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. Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea ( 4 )
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.
15. Minimum size for bigeye tuna
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 ( 5 ) 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.
18. Sampling plan for bluefin Tuna
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 ( 6 ) 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
19. Eastern Central 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 ... ( *1 ) 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. Tuna and albacore in the Western and Central Pacific Ocean
Member States shall ensure that the total fishing effort for bigeye tuna, yellowfin tuna, skipjack tuna and south pacific albacore in the Western and Central Pacific Ocean is limited to the fishing effort provided for in fisheries partnership agreements between the Community and coastal States in the region.
22. Special measures for the Eastern, Western and Central Pacific Ocean
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.
23. Specific measures applying to encircled or entangled sea turtles
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.
( 1 )
OJ L 41, 13.2.2002, p. 1 .
( 2 )
OJ L 56, 2.3.2005, p. 8 . Regulation as amended by Regulation (EC) No 1805/2005 ( OJ L 290, 4.11.2005, p. 12 ).
( 3 )
OJ L 77, 20.3.2002, p. 8 .
( 4 ) See footnote 1 in Annex ID concerning bluefin tuna.
( 5 )
OJ L409, 30.12.2006, p. 11 .
( 6 ) For fish farmed more than 1 year, other additional sampling methods should be established.
( *1 ) Date of entry into force of this Regulation.
ANNEX IVSupplementary provisions
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 o 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 o 00'N
80
FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL: 1
50
Mackerel, South of 62 o 00'N, purse seine fishery
11
DE: 1 ( 1 ) , DK: 26 ( 1 ) , FR: 2 ( 1 ) , NL: 1 ( 1 )
not relevant
Mackerel, South of 62 o 00'N, trawl fishery
19
not relevant
Mackerel, North of 62 o 00'N, purse seine fishery
11 ( 2 )
DK: 11
not relevant
Industrial species, South of 62 o 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 o 28'N and east of 6 o 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 o 20'N and 62 o 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 o 30'N and west of 9 o 00'W and in the area between 7 o 00'W and 9 o 00'W south of 60 o 30'N and in the area south-west of a line between 60 o 30'N, 7 o 00'W and 60 o 00'N, 6 o 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’
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 o N
21
DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 3
21
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 o 00'N
18
18
Faeroe Islands
Mackerel, VIa (north of 56 o 30'N), VIIe, f,h, horse mackerel, IV, VIa (north of 56 o 30'N), VIIe, f,h; herring, VIa (north of 56 o 30'N)
14
14
Herring north of 62 o 00'N
21
21
Herring, IIIa
4
4
Industrial fishing for Norway pout and sprat, IV, VIa (north of 56 o 30'N): sandeel, IV (including unavoidable by-catches of blue whiting)
15
15
Ling and tusk
20
10
Blue whiting, II, VIa (north of 56 o 30'N), VIb, VII (west of 12 o 00'W)
20
20
Blue ling
16
16
Venezuela
Snappers ( 6 ) (French Guyana waters)
41
pm
Sharks (French Guyana waters)
4
pm
PART III
Declaration pursuant to Article 25(2)
Text of image
LANDING DECLARATION ( 1 )
Name of vessel:
Registration No:
Name of master:
Name of agent:
Master's signature:
Voyage made from the
to the
Port of landing:
Quantity of shrimps landed (in live-weight)
”Head-off” shrimps: kg
or ( x 1,6) = kg (head-on shrimps)
”Head-on” shrimps: kg
Thunnidae : kg
Snapper ( Lutjanidae ): kg
Shark: kg
Other: kg
(1) One copy is kept by the master, one copy is kept by the control officer, and one copy is to be sent to the Commission of the European Communities.
( 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 o 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 ) 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 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.
That contract 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 that endorsement 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.
ANNEX VSupplementary provisions
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
Text of image
Log-book model
FICHE DE PÊCHE
LOG SHEET
Nom du navire
Vessel name
Nation
N o d'immatriculation
Official No
N o de licence ZEE
Fishing licence No
Nom du capitaine
Captain's name
Départ de
Depart from
Débarquement à
Landed at
Nbre équipage
No in crew
Date
Date
Mois/Month
Jour/Day
Zone n o
Sonde
Depth
Jour ou nuit
Day or night
(D or N)
Nombre de fois où les engins ont été mis à l'eau/Number of times gear is shot
Total heures de pêche
Hours fished
Queues de crevette
«Head-off» shrimp (kg)
Crevettes entières
«Head-on» shrimp (kg)
Crevettes conservées à bord
Shrimps retained on board
Penaeus: subtilis brasiliensis
Xyphopenaeus
Kroyerii
Vivaneaux
Snapper
Requins
Shark
Thonidés
Tuna
SURINAME
GUYANE FRANCAISE
WEST GULLIES
55°
73
74
75
76
77
50°
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
D
N
CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION
ANNEX VISupplementary provisions
ANNEX VI
CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION
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 ( 1 ) in Community waters it shall send a ‘catch on entry’ message specifying the following
SR
m ( 2 )
(= 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 ( 3 )
(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 ( 4 )
o ( 5 )
(latitude position of the vessel at time of transmission)
LG ( 4 )
o ( 5 )
(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)
1.2.
On each occasion a vessel terminates a fishing trip ( 6 ) 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 ( 7 )
o ( 8 )
(latitude position of the vessel at time of transmission)
LG ( 7 )
o ( 8 )
(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)
1.3.
At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and in weekly intervals, commencing the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel, a ‘catch report’ message has to be sent, specifying:
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
CAT (= ‘catch report’)
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 ( 9 )
o ( 10 )
(latitude position of the vessel at time of transmission)
LG ( 9 )
o ( 10 )
(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)
1.4.
Whenever a trans-shipment is planned between the ‘catch on entry’ and ‘catch on exit’ message and apart from the ‘catch report’ messages, an additional ‘trans-shipment’ message has to be sent minimum 24 hours in advance, specifying:
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
TRA (= ‘trans-shipment’)
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)
KG
m
(quantity by species on- or off-loaded in pairs as needed, : FAO code + live weight in kilograms, rounded to the nearest 100 kilograms)
TT
m
(international radio call sign of the receiving vessel)
TF
m
(international radio call sign of the donor vessel)
LT ( 11 )
m/o ( 12 ) , ( 13 )
(predicted latitude position of the vessel where the trans-shipment is planned)
LG ( 11 )
m/o ( 12 ) , ( 13 )
(predicted longitude position of the vessel where the trans-shipment is planned)
PD
m
(predicted date when the trans-shipment is planned)
PT
m
(predicted time when the trans-shipment is planned)
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)
2. Form of the communication
Unless point 3.3 is applied (see below), the information specified above under point 1 shall be transmitted respecting the codes and ordering of data as specified above; in particular,
—
the text ‘VRONT’ must be placed in the subject line of the message;
—
each data item will be placed on a new line;
—
the data itself will be preceded by the indicated code, separated from each-other by a space.
Example (with fictitious data):
SR
AD
XEU
SQ
1
TM
COE
RC
IRCS
TN
1
NA
VESSEL NAME EXAMPLE
IR
NOR
XR
PO 12345
LT
+ 65.321
LO
- 21.123
RA
04A.
OB
COD 100 HAD 300
DA
20051004
MA
CAPTAIN NAME EXAMPLE
TI
1315
ER
3. Communication scheme
3.1.
The information specified under point 1 shall be transmitted by the vessel to the Commission of the European Communities in Brussels by Telex (SAT COM C 420599543 FISH), electronic mail (FISHERIES-telecom@cec.eu.int) or via one of the radio stations listed under point 4 below and in the form specified under point 2.
3.2.
If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel.
3.3.
In the case a Flag State has the technical capability to send all above messages and contents in the so-called NAF-format on behalf of its operating vessels, that Flag State may — after bilateral agreement between the Flag State and the Commission — transmit this information via a secured transmission protocol to the Commission of the European Communities in Brussels. In that case, some extra information will be added — as a kind of envelope — to the transmission (after the AD information)
FR
m
(from; party alfa ISO-3 country code)
RN
m
(serial number of the record for the relevant year)
RD
m
(date of transmission in yyyymmdd format)
RT
m
(time of transmission in hhmm format)
Example (with data of above)
//SR//AD/XEU//FR/NOR//RN/5//RD/20051004//RT/1320//SQ/1//TM/COE//RC/IRCS//TN/1//NA/VESSEL NAME EXAMPLE//IR/NOR//XR/PO 12345//LT/+65.321//LG/-21.123//RA/04A.//OB/COD 100 HAD 300//DA/20051004//TI/1315//MA/CAPTAIN NAME EXAMPLE//ER//
The Flag State will receive a ‘return message’ specifying:
SR
m
(= start of record)
AD
m
(ISO-3 country code of Flag State)
FR
m
XEU (= to Commission of the European Communities)
RN
m
(serial number of message in current year for which a ‘return message’ is sent)
TM
m
RET (= ‘return’)
SQ
m
(serial number of original message for that vessel in current year)
RC
m
(international radio call sign mentioned in original message)
RS
m
(return status — ACK or NAK)
RE
m
(return error number)
DA
m
(date of transmission in yyyymmdd format)
TI
m
(time of transmission in hhmm format)
ER
m
(= end of record)
4. Name of the radio station
Name of radio station
Call sign of radio station
Lyngby
OXZ
Land's End
GLD
Valentia
EJK
Malin Head
EJM
Torshavn
OXJ
Bergen
LGN
Farsund
LGZ
Florø
LGL
Rogaland
LGQ
Tjøme
LGT
Ålesund
LGA
Ørlandet
LFO
Bodø
LPG
Svalbard
LGS
Stockholm Radio
STOCKHOLM RADIO
Turku
OFK
5. Code to be used to indicate the species
Alfonsinos ( Beryx spp .)
ALF
American plaice ( Hippoglossoides platessoides )
PLA
Anchovy ( Engraulis encrasicolus )
ANE
Angler/Monk ( Lophius spp .)
MNZ
Argentine ( Argentina silus )
ARG
Atlantic pomfret ( Brama brama )
POA
Basking shark ( Cetorinhus maximus )
BSK
Black scabbardfish ( Aphanopus carbo )
BSF
Blue ling ( Molva dypterygia )
BLI
Blue whiting ( Micromesistius poutassou )
WHB
Bob shrimp ( Xiphopenaeus kroyeri )
BOB
Cod ( Gadus morhua )
COD
Common shrimp ( Crangon crangon )
CSH
Common squid ( Loligo spp .)
SQC
Dogfish (Squalus acanthias )
DGS
Forkbeards ( Phycis spp .)
FOR
Greenland halibut ( Reinhardtius hippoglossoides )
GHL
Haddock ( Melanogrammus aeglefinus )
HAD
Hake ( Merluccius merluccius )
HKE
Halibut ( Hippoglossus hippoglussus )
HAL
Herring ( Clupea harengus )
HER
Horse-mackerel ( Trachurus trachurus )
HOM
Ling ( Molva Molva )
LIN
Mackerel ( Scomber Scombrus )
MAC
Megrim ( Lepidorhombus spp .)
LEZ
Nortern deep-water prawn ( Pandalus borealis )
PRA
Norway lobster ( Nephrops norvegicus )
NEP
Norway pout ( Trisopterus esmarkii )
NOP
Orange roughy ( Hoplostethus atlanticus )
ORY
Other
OTH
Plaice ( Pleuronectes platessa )
PLE
Pollack ( Pollachius pollachius )
POL
Porbeagle ( Lamma nasus )
POR
Redfish ( Sebastes spp .)
RED
Red seabream ( Pagellus bogaraveo )
SBR
Roundnose grenadier ( Coryphaenoides rupestris )
RNG
Saithe ( Pollachius virens )
POK
Salmon ( Salmo salar )
SAL
Sandeel ( Ammodytes spp .)
SAN
Sardine ( Sardina pilchardus )
PIL
Shark ( Selachii, Pleurotremata )
SKH
Shrimp ( Penaeidae )
PEZ
Sprat ( Sprattus sprattus )
SPR
Squid ( Illex spp .)
SQX
Tuna ( Thunnidae )
TUN
Tusk ( Brosme brosme )
USK
Whiting ( Merlangus merlangus )
WHG
Yellowtail flounder ( Limanda ferruginea )
YEL
6. Codes to be used to indicate the relevant area.
02A.
ICES division IIa — Norwegian Sea
02B.
ICES division IIb — Spitzbergen and Bear Island
03A.
ICES division IIIa — Skagerrak and Kattegat
03B.
ICES division IIIb
03C.
ICES division IIIc
03D.
ICES division IIId — Baltic Sea
04A.
ICES division IVa — Northern North Sea
04B.
ICES division IVb — Central North Sea
04C.
ICES division IVc — Southern North Sea
05A.
ICES division Va — Iceland Grounds
05B.
ICES division Vb — Faroes Grounds
06A.
ICES division VIa — Northwest coast of Scotland and North Ireland
06B.
ICES division VIb — Rockall
07A.
ICES division VIIa — Irish Sea
07B.
ICES division VIIb — West of Ireland
07C.
ICES division VIIc — Porcupine Bank
07D.
ICES division VIId — Eastern Channel
07E.
ICES division VIIe — Western English Channel
07F.
ICES division VIIf — Bristol Channel
07G.
ICES division VIIg — Celtic Sea North
07H.
ICES division VIIh — Celtic Sea South
07J.
ICES division VIIj — South-West of Ireland — East
07K.
ICES division VIIk — South-West of Ireland — West
08A.
ICES division VIIIa- Bay of Biscay — North
08B.
ICES division VIIIb — Bay of Biscay — Central
08C.
ICES division VIIIc — Bay of Biscay — South
08D.
ICES division VIIId — Bay of Biscay — Offshore
08E.
ICES division VIIIe — Bay of Biscay — West Bay
09A.
ICES division IXa — Portuguese waters — East
09B.
ICES division IXb — Portuguese waters — West
14A.
ICES division XIVa — North-East Greenland
14B.
ICES division XIVb — South-East Greenland
7.
In addition to the provisions laid down in points 1 to 6 the following provisions shall apply to Third-Country vessels intending to fish for blue whiting in Community waters:
(a)
Vessels that already have catch on board may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. At least four hours prior to entering Community waters the master of the vessel shall notify as appropriate one of the following Fisheries Monitoring Centres:
(i)
UK (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+44 131 271 9700), or
(ii)
Ireland (Haulbowline) by e-mail at the following address: nscstaff@eircom.net or by telephone (+353 87 236 5998).
The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the position (longitude/latitude) where the master estimates that the vessel will enter Community waters as well as the area where he intends to commence fishing. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated.
Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified circumstances require a master to present his vessel for inspection in port.
(b)
Vessels that enter Community waters with no catch on board shall be exempt from the requirements laid down in paragraph a).
(c)
By way of derogation from the provisions of point 1.2, the fishing trip shall be considered as being terminated when the vessel leaves Community waters or enters a Community port where its catch is fully discharged.
Vessels shall only leave Community waters after passing through one of the following control routes:
A.
ICES rectangle 48 E2 in zone VIa
B.
ICES rectangle 46 E6 in zone IVa
C.
ICES rectangles 48 E8, 49 E8 or 50 E8 in zone IVa.
The master of the vessel shall give at least four hours prior notification of entering one of the afore mentioned control routes to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in point 1. The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control route through which the vessel intends to pass.
The vessel shall not leave the area within the control route until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves Community waters.
Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified circumstances require a master to present his vessel for inspection in the ports of Lerwick or Scrabster.
(d)
Vessels that transit through Community waters must stow their nets so that they may not readily be used in accordance with the following conditions:
(i)
nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes,
(ii)
nets which are on or above deck shall be securely lashed to some part of the superstructure.
( 1 ) A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.
( 2 ) m = mandatory
( 3 ) o = optional
( 4 ) 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.
( 5 ) Optional if a vessel is subject to satellite tracking.
( 6 ) A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.
( 7 ) 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.
( 8 ) Optional if a vessel is subject to satellite tracking.
( 9 ) 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.
( 10 ) Optional if a vessel is subject to satellite tracking.
( 11 ) 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.
( 12 ) Optional if a vessel is subject to satellite tracking.
( 13 ) Optional for the receiving vessel.
LIST OF SPECIES
ANNEX VIISupplementary provisions
ANNEX VII
LIST OF SPECIES
Common English Name
Scientific Name
3-Alpha Code
Groundfish
Atlantic Cod
Gadus morhua
COD
Haddock
Melanogrammus aeglefinus
HAD
Atlantic redfishes
Sebastes sp.
RED
Golden redfish
Sebastes marinus
REG
Beaked redfish (deepwater)
Sebastes mentella
REB
Acadian redfish
Sebastes fasciatus
REN
Silver hake
Merluccius bilinearis
HKS
Red hake ( *1 )
Urophycis chuss
HKR
Pollock (=Saithe)
Pollachius virens
POK
American plaice
Hippoglossoides platessoides
PLA
Witch flounder
Glyptocephalus cynoglossus
WIT
Yellowtail flounder
Limanda ferruginea
YEL
Greenland halibut
Reinharditius hippoglossoides
GHL
Atlantic halibut
Hippoglossus hippoglossus
HAL
Winter flounder
Pseudopleuronectes americanus
FLW
Summer flounder
Paralichthys dentatus
FLS
Windowpane flounder
Scophthalmus aquosus
FLD
Flatfishes (NS)
Pleuronectiformes
FLX
American angler (=Goosefish)
Lophius americanus
ANG
Atlantic searobins
Prionotus sp.
SRA
Atlantic tomcod
Microgadus tomcod
TOM
Blue antimora
Antimora rostrata
ANT
Blue whiting
Micromesistius poutassou
WHB
Cunner
Tautogolabrus adspersus
CUN
Cusk (=Tusk)
Brosme brosme
USK
Greenland cod
Gadus ogac
GRC
Blue ling
Molva dypterygia
BLI
Ling
Molva molva
LIN
Lumpfish =(Lumpsucker)
Cyclopterus lumpus
LUM
Northern kingfish
Menticirrhus saxatilis
KGF
Northern puffer
Sphoeroides maculatus
PUF
Eelpouts (NS)
Lycodes sp.
ELZ
Ocean pout
Macrozoarces americanus
OPT
Polar cod
Boreogadus saida
POC
Roundnose grenadier
Coryphaenoides rupestris
RNG
Roughhead grenadier
Macrourus berglax
RHG
Sandeels (=Sand Lances)
Ammodytes sp.
SAN
Sculpins
Myoxocephalus sp.
SCU
Scup
Stenotomus chrysops
SCP
Tautog
Tautoga onitis
TAU
Tilefish
Lopholatilus chamaeleonticeps
TIL
White hake ( *1 )
Urophycis tenuis
HKW
Wolffishes (NS)
Anarhicas sp.
CAT
Atlantic wolffish
Anarhichas lupus
CAA
Spotted wolffish
Anarhichas minor
CAS
Groundfish (NS)
GRO
Pelagics
Atlantic herring
Clupea harengus
HER
Atlantic mackerel
Scomber scombrus
MAC
Atlantic butterfish
Peprilus triacanthus
BUT
Atlantic menhaden
Brevoortia tyrannus
MHA
Atlantic saury
Scomberesox saurus
SAU
Bay anchovy
Anchoa mitchilli
ANB
Bluefish
Pomatomus saltatrix
BLU
Crevalle jack
Caranx hippos
CVJ
Frigate tuna
Auxis thazard
FRI
King mackerel
Scomberomourus cavalla
KGM
Atlantic Spanish mackerel
Scomberomourus maculatus
SSM
Sailfish
Istiophorus platypterus
SAI
White marlin
Tetrapturus albidus
WHM
Blue marlin
Makaira nigricans
BUM
Swordfish
Xiphias gladius
SWO
Albacore tuna
Thunnus alalunga
ALB
Atlantic bonito
Sarda sarda
BON
Little tunny
Euthynnus alletteratus
LTA
Bigeye tunny
Thunnus obesus
BET
Northern bluefin tuna
Thunnus thynnus
BFT
Skipjack tuna
Katsuwonus pelamis
SKJ
Yellowfin tuna
Thunnus albacares
YFT
Tunas (NS)
Scombridae
TUN
Pelagic fish (NS)
PEL
Invertebrates
Long-finned squid ( Loligo )
Loligo pealei
SQL
Short-finned squid ( Illex )
Illex illecebrosus
SQI
Squids (NS)
Loliginidae, Ommastrephidae
SQU
Atlantic razor clam
Ensis directus
CLR
Hard clam
Mercenaria mercenaria
CLH
Ocean quahog
Arctica islandica
CLQ
Soft clam
Mya arenaria
CLS
Surf clam
Spisula solidissima
CLB
Stimpson's surf clam
Spisula polynyma
CLT
Clams (NS)
Prionodesmacea, Teleodesmacea
CLX
Bay scallop
Argopecten irradians
SCB
Calico scallop
Argopecten gibbus
SCC
Marine worms (NS)
Polycheata
WOR
Horseshoe crab
Limulus polyphemus
HSC
Marine invertebrates (NS)
Invertebrata
INV
Iceland scallop
Chylamys islandica
ISC
Sea scallop
Placopecten magellanicus
SCA
Scallops (NS)
Pectinidae
SCX
American cupped oyster
Crassostrea virginica
OYA
Blue mussel
Mytilus edulis
MUS
Whelks (NS)
Busycon sp.
WHX
Periwinkles (NS)
Littorina sp.
PER
Marine molluscs (NS)
Mollusca
MOL
Atlantic rock crab
Cancer irroratus
CRK
Blue crab
Callinectes sapidus
CRB
Green crab
Carcinus maenas
CRG
Jonah crab
Cancer borealis
CRJ
Queen crab
Chionoecetes opilio
CRQ
Red crab
Geryon quinquedens
CRR
Stone king crab
Lithodes maia
KCT
Marine crabs (NS)
Reptantia
CRA
American lobster
Homarus americanus
LBA
Northern prawn
Pandalus borealis
PRA
Aesop shrimp
Pandalus montagui
AES
Penaeus shirmps (NS)
Penaeus sp.
PEN
Pink (=Pandalid) shrimps
Pandalus sp.
PAN
Marine crustaceans (NS)
Crustacea
CRU
Sea-urchin
Strongylocentrotu s sp.
URC
Other fish
Alewife
Alosa pseudoharengus
ALE
Amberjacks
Seriola sp.
AMX
American conger
Conger oceanicus
COA
American eel
Anguilla rostrata
ELA
Atlantic hagfish
Myxine glutinosa
MYG
American shad
Alosa sapidissima
SHA
Argentines (NS)
Argentina sp.
ARG
Atlantic croaker
Micropogonias undulatus
CKA
Atlantic needlefish
Strongylura marina
NFA
Atlantic salmon
Salmo salar
SAL
Atlantic silverside
Menidia menidia
SSA
Atlantic thread herring
Opisthonema oglinum
THA
Barid's slickhead
Alepocephalus bairdii
ALC
Black drum
Pogonias cromis
BDM
Black seabass
Centropristis striata
BSB
Blueback herring
Alosa aestivalis
BBH
Capelin
Mallotus villosus
CAP
Chars (NS)
Salvelinus sp.
CHR
Cobia
Rachycentron canadum
CBA
Common (Florida) pompano
Trachinotus carolinus
POM
Gizzard shad
Dorosoma cepedianum
SHG
Grunts (NS)
Pomadasyidae
GRX
Hickory shad
Alosa mediocris
SHH
Lanternfish
Notoscopelus sp.
LAX
Mullets (NS)
Mugilidae
MUL
North atlantic harvestfish
Peprilus alepidotus (=paru)
HVF
Pigfish
Orthopristis chrysoptera
PIG
Rainbow smelt
Osmerus mordax
SMR
Red drum
Sciaenops ocellatus
RDM
Red porgy
Pagrus pagrus
RPG
Rough scad
Trachurus lathami
RSC
Sand perch
Diplectrum formosum
PES
Sheepshead
Archosargus probatocephalus
SPH
Spot croaker
Leiostomus xanthurus
SPT
Spotted weakfish
Cynoscion nebulosus
SWF
Squeteague (Gray Weakfish)
Cynoscion regalis
STG
Striped bass
Morone saxatilis
STB
Sturgeons (NS)
Acipenseridae
STU
Tarpon
Tarpon (=megalops) atlanticus
TAR
Trouts (NS)
Salmo sp.
TRO
White perch
Morone americana
PEW
Alfonsinos (NS)
Beryx sp.
ALF
Spiny (=picked) dogfish
Squalus acantias
DGS
Dogfishes (NS)
Squalidae
DGX
Sand Tiger shark
Odontaspis taurus
CCT
Porbeagle
Lamna nasus
POR
Shortfin mako shark
Isurus oxyrinchus
SMA
Dusky shark
Carcharhinus obscurus
DUS
Great Blue shark
Prionace glauca
BSH
Large sharks (NS)
Squaliformes
SHX
Atlantic Sharpnose shark
Rhizoprionodon terraenovae
RHT
Black Dogfish
Centroscyllium fabricii
CFB
Boreal (Greenland) shark
Somniosus microcephalus
GSK
Basking shark
Cetorhinus maximus
BSK
Skates (NS)
Raja sp.
SKA
Little skate
Leucoraja erinacea
RJD
Arctic skate
Amblyraja hyperborea
RJG
Barndoor skate
Dipturus laevis
RJL
Winter skate
Leucoraja ocellata
RJT
Thorny skate (Starry Ray)
Amblyraja radiata
RJR
Smooth skate
Malcoraja senta
RJS
Spinytail skate (Spinetail Ray)
Bathyraja spinicauda
RJO
Finfishes (NS)
FIN
( *1 ) In accordance with a recommendation adopted by STACRES at the 1970 Annual Meeting (ICNAF Redbook 1970, Part I, Page 67), hakes of the Genus Urophycis are designated as follows for statistical reporting: (a) hake reported from Subareas 1, 2, and 3, and Divisions 4R, S, T and V be designated as white hake, Urophycis tenuis ; (b) hake taken by line gears or any hake greater than 55 cm standard length, reagardless of how caught, from Divisions 4W and X, Subarea 5 and Statistical Area 6 be designated as white hake, Urophycis tenuis ; (c) Except as noted in (b), other hake of the Genus Urophycis taken in Divisions 4W and X, Subarea 5 and Statistical Area 6 be designated as red hake, Urophycis chuss.
ANNEX VIIISupplementary provisions
ANNEX VIII
AUTHORISED TOPSIDE CHAFERS
1. ICNAF-type topside chafer
The ICNAF-type topside chafer is a rectangular piece of netting to be attached to the upper side of the codend of the trawl net to reduce and prevent damage so long as such netting conforms to the following conditions:
(a)
this netting shall have a mesh size not less than that specified for the codend in Article 34;
(b)
this netting may be fastened to the codend only along the forward and lateral edges of the netting and at no other place in it, and shall be fastened in such a manner that it extends forward of the splitting strap no more than four meshes and ends not less than four meshes in front of the cod line mesh; where a splitting strap is not used, the netting shall not extend to more than one-third of the codend measured from not less than four meshes in front of the cod line mesh;
(c)
the width of this netting shall be at least one and a half times the width of the area of the codend which is covered, such widths to be measured at right angles to the long axis of the codend.
Text of image
Topside chafing gear (netting only permitted) must be 1 1/2 times width of top of codend
Attached not less than 4 meshes ahead of codline mesh
Codline
Splitting strap
Chafing gear: Any material may be used to protect the bottom of codend
To headline
May not be attached more than 4 meshes ahead of splitting strap
Nothing permitted to cover forward of net
2. Multiple flap-type topside chafer
The multiple flap-type topside chafer is defined as pieces of netting having in all their parts meshes the size of which, whether the pieces of netting are wet or dry, is not less than that of the codend, provided that:
(a)
each piece of netting
(i)
is fastened by its forward edge only across the codened at right angles to its long axis;
(ii)
is of a width of at least the width of the codend (such width being measured at right angles to the long axis of the codend at the point of attachment); and
(iii)
is not more than ten meshes long; and
(b)
the aggregate length of all the pieces of netting so attached does not exceed two-thirds of the length of the codend.
Text of image
Flap chafers
Mouth of net
Topside of codend
Underside of codend
Codend
Flap chafers attached by leading edge only
POLISH CHAFER
3. Large-mesh (modified Polish-type) topside chafer
The large-mesh topside chafer consists of a rectangular piece of netting made of the same twine material as the codend, or of a single, thick, knotless twine material, attached to the rear portion of the upper side of the codend and extending over all or any part of the upper side of the codend and having in all its parts a mesh size twice that of the codend when measured wet and fastened to the codend along the forward, lateral and rear edges only of the netting in such a way that each mesh of the netting coincides with four meshes of the codend.
Text of image
L
2/3 L
A
2 × Ø3.5
108.8
A1
2 × Ø3.5
128.3
B
2 × Ø3.5
111.3
2 × Ø3.5
B1
2 × Ø3.5
126.9
2 × Ø3.5
C
2 × Ø3.5
108.8
Ø10
C1
2 × Ø3.5
125.9
Ø10
SHRIMP TRAWL TOGGLE CHAINS : NAFO REGULATORY AREA
ANNEX IXSupplementary provisions
ANNEX IX
SHRIMP TRAWL TOGGLE CHAINS : NAFO REGULATORY AREA
Toggle chains are chains, ropes, or a combination of both, which attach the footrope to the fishing line or bolchline at varying intervals. The terms ‘fishing line’ and ‘bolchline’ are interchangeable. Some vessels use one line only; others use both a fishing line and a bolchline as shown in the sketch. The toggle chain length shall be measured from the center of the chain or wire running through the footrope (center of footrope) to the underside of the fishing line.
The attached sketch shows how to measure the toggle chain length.
Text of image
Toggle Chain
Netting
Bolchline
72 cm
Fishing Line
Footrope
ANNEX XSupplementary provisions
ANNEX X
MINIMUM MESH SIZE ( *1 )
Species
Gilled and gutted fish whether or not skinned;
fresh or chilled, frozen, or salted.
Whole
Head off
Head and Tail Off
Head Off and Split
Atlantic Cod
41 cm
27 cm
22 cm
27/25 cm ( *2 )
Greenland halibut
30 cm
N/A
N/A
N/A
American plaice
25 cm
19 cm
15 cm
N/A
Yellowtail flounder
25 cm
19 cm
15 cm
N/A
( *1 ) Fish size refers to fork length for Atlantic cod; whole length for other species.
( *2 ) Lower size for green salted fish.
RECORDING OF CATCH (LOGBOOK ENTRIES)
ANNEX XISupplementary provisions
ANNEX XI
RECORDING OF CATCH (LOGBOOK ENTRIES)
FISHING LOGBOOK ENTRIES
Item of Information
Standard Code
Vessel name
01
Vessel nationality
02
Vessel registration number
03
Registration port
04
Types of gear used (separate record for different gear types)
10
Type of gear
Date
—
day
20
—
month
21
—
year
22
Position
—
latitude
31
—
longitude
32
—
statistical area
33
No. of hauls during the 24-hour period ( 1 )
10
No. of hours gear fished during the 24-hour period ( 1 )
41
Species names (Annex I)
Daily catch of each species (metric tons round fresh weight)
50
Daily catch of each species for human consumption in the form of fish
61
Daily catch of each species for reduction
62
Daily discard of each species
63
Place(s) of trans-shipment
70
Date(s) of trans-shipment
71
Master's signature
80
GEAR CODES
Gear categories
Standard Abbreviation Code
Surrounding nets
With purse lines (purse seines)
PS
—
One boat operated purse seines
PS1
—
Two boat operated purse seines
PS2
Without purse lines (lampara)
LA
Seine nets
SB
Boat or vessel seines
SV
—
Danish seines
SDN
—
Scottish seines
SSC
—
Pair seines
SPR
Seine nets (not specifed)
SX
Trawls
Pots
FPO
Bottom trawls
—
Beam trawls
TBB
—
Otter trawls ( 2 )
OTB
—
Pair trawls
PTB
—
Nephrops trawls
TBN
—
Shrimp trawls
TBS
—
Bottom trawls (not specified)
TB
Midwater trawls
—
Otter trawls
OTM
—
Pair trawls
PTM
—
Shirmp trawls
TMS
—
Midwater trawls (not specified)
TM
Otter twin trawls
OTT
Otter trawls (not specified)
OT
Pair trawls (not specified)
PT
Other trawls (not specified)
TX
Gillnets and entangling nets
Set gillnets (anchored)
GNS
Drift nets
GND
Encircling gillnets
GNC
Fixed gillnets (on stakes)
GNF
Trammel nets
GTR
Combined gillnets-Trammel nets
GTN
Gillnets and entangling nets (not specified)
GEN
Gillnets (not specified)
GN
Traps
Stationary uncovered pound-nets
FPN
Fyke nets
FYK
Stow nets
FSN
Barriers, fences, weirs, etc.
FWR
Aerial traps
FAR
Traps (not specified)
FIX
Hooks and lines
Hand-lines and pole-lines (hand operated) ( 3 )
LHP
Hand-lines and pole-lines (mechanized) ( 3 )
LHM
Set lines (longlines set)
LLS
Drifting longlines
LLD
Longlines (not specified)
LL
Trolling lines
LTL
Hooks and lines (not specified) ( 4 )
LX
Grappling and wounding
Harpoons
HAR
Dredges
Boat dredges
DRB
Hand dredges
DRH
Lift nets
Portable lift nets
LNP
Boat operated lift nets
LNB
Shore operated stationary lift nets
LNS
Lift nets (not specified)
LN
Falling gear
Cast nets
FCN
Falling Gear (not specified)
FG
Harvesting machines
Pumps
HMP
Mechanized dredges
HMD
Harvesting machines (not specified)
HMX
Miscellaneous gear
( 5 )
MIS
Recreational fishing gear
RG
Gear not known or not specified
NK
FISHING VESSEL CODES
A.
Main vessel types
FAO Code
Type of vessel
BO
Protection vessel
CO
Fish training vessel
DB
Dredger non continuous
DM
Dredger continuous
DO
Beamer
DOX
Dredger NEI
FO
Fish carrier
FX
Fishing vessel NEI
GO
Gill netter
HOX
Mother ship NEI
HSF
Factory mother ship
KO
Hospital ship
LH
Hand liner
LL
Long liner
LO
Liner
LP
Pole and line vessel
LT
Troller
MO
Multipurpose vessels
MSN
Seiner hand liner
MTG
Trawler drifter
MTS
Trawler purse seiner
NB
Lift netter tender
NO
Lift netter
NOX
Lift netter NEI
PO
Vessel using pumps
SN
Seine netter
SO
Seiner
SOX
Seiner NEI
SP
Purse seiner
SPE
Purse seiner european
SPT
Tuna purse seiner
TO
Trawler
TOX
Trawlers NEI
TS
Side trawler
TSF
Side trawler freezer
TSW
Side trawler wetfish
TT
Stern trawler
TTF
Stern trawler freezer
TTP
Stern trawler factory
TU
Outrigger trawlers
WO
Trap setter
WOP
Pot vessels
WOX
Trap setters NEI
ZO
Fish research vessel
DRN
Drifnetter
NEI = Not Elsewhere Identified
B.
Main vessel activities
Alfa Code
Category
ANC
Anchoring
DRI
Drifting
FIS
Fishing
HAU
Hauling
PRO
Processing
STE
Steaming
TRX
Trans-shipping on or off loading
OTH
Others — to be specified
( 1 ) When two or more types of gear are used in the same 24-hour period, records should be separate for the different types.
( 2 ) Fisheries agencies may indicate side and stern bottom and side and stern midwater trawls, as OTB-1 and OTB-2, and OTM-1 and OTM-2, respectively.
( 3 ) Including jigging lines.
( 4 ) Code LDV for dory operated line gears will be maintained for historical data purposes.
( 5 ) This item includes: hand and landing nets, drive-in-nets, gathering by hand with simple hand implements with or without diving equipment, poisons and explosives, trained animals, electrical fishing.
NAFO AREA
ANNEX XIISupplementary provisions
ANNEX XII
NAFO AREA
The list that follows is a partial list of stocks that needs to be reported in accordance with Article 42(2).
ANG/N3NO
Lophius americanus
American angler
CAA/N3LMN
Anarhichas lupus
Atlantic wolffish
CAP/N3LM
Mallotus villosus
Capelin
CAT/N3LMN
Anarhichas spp.
Catfishes (Wolffishes) nei
HAD/N3LNO
Melanogrammus aeglefinus
Haddock
HAL/N23KL
Hippoglossus hippoglossus
Atlantic halibut
HAL/N3M
Hippoglossus hippoglossus
Atlantic halibut
HAL/N3NO
Hippoglossus hippoglossus
Atlantic halibut
HER/N3L
Clupea harengus
Herring
HKR/N2J3KL
Urophycis chuss
Red hake
HKR/N3MNO
Urophycis chuss
Red hake
HKS/N3NLMO
Merlucius bilinearis
Silver hake
RNG/N23
Coryphaenoides rupestris
Roundnose grenadier
HKW/N2J3KL
Urophycis tenuis
White hake
POK/N3O
Pollachius virens
Pollock (=Saithe)
RHG/N23
Macrourus berglax
Roughhead grenadier
SKA/N2J3KL
Raja spp.
Skates
SKA/N3M
Raja spp.
Skates
SQI/N56
Illex illecebrosus
Short fin squid
VFF/N3LMN
—
Fishes unsorted, unidentified
WIT/N3M
Glyptocephalus cynoglossus
Witch flounder
YEL/N3M
Limanda ferruginea
Yellow tail flounder
ANNEX XIIISupplementary provisions
ANNEX XIII
PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA
Target species
Zone
Period of prohibition
Sharks (all species)
Convention Area
All year
Notothenia rossii
FAO 48.1 Antarctic, in the Peninsula Area
FAO 48.2 Antarctic, around the South Orkneys
FAO 48.3 Antarctic, around South Georgia
All year
Finfish
FAO 48.1 Antarctic ( 1 )
FAO 48.2 Antarctic ( 1 )
All year
Gobionotothen gibberifrons
Chaenocephalus aceratus
Pseudochaenichthys georgianus
Lepidonotothen squamifrons
Patagonotothen guntheri
FAO 48.3
All year
Dissostichus spp
FAO 48.5 Antarctic
1.12.2006 to 30.11.2007
Dissostichus spp
FAO 88.3 Antarctic ( 1 )
FAO 58.5.1 Antarctic ( 1 )
( 2 )
FAO 58.5.2 Antarctic east of 79 o 20'E and outside the EEZ to the west of 79 o 20'E ( 1 )
FAO 88.2 Antarctic north of 65 o S ( 1 )
FAO 58.4.4 Antarctic ( 1 )
FAO 58.6 Antarctic ( 1 )
FAO 58.7 Antarctic ( 1 )
All year
Lepidonotothen squamifrons
FAO 58.4.4 ( 1 )
All year
All species except Champsocephalus gunnari and Dissostichus eleginoides
FAO 58.5.2 Antarctic
1.12.2006 to 30.11.2007
Dissostichus mawsoni
FAO 48.4 Antarctic ( 1 )
All year
( 1 ) Except for scientific research purposes.
( 2 ) Excluding waters subject to national jurisdiction (EEZs).
CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2006/07
ANNEX XIVSupplementary provisions
ANNEX XIV
CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2006/07
Subaarea/Division
Region
Season
SSRU
Dissostichus spp. Catch Limit (tonnes)
By-catch Catch Limit (tonnes)
Skates and rays
Macrourus spp.
Other species
48.6
All Division
1.12.2006 to 30.11.2007
455 T north of 60 o S
455 T south of 60 o S
All division 50
All division 73
All division 20
58.4.1
All Division
1.12.2006 to 30.11.2007
A
B
C
D
E
F
G
H
0
0
200
0
200
0
200
0
All Division:
50
All Division:
96
All Division:
20
Total Subarea
600
58.4.2
All Division
1.12.2006 to 30.11.2007
A
B
C
D
E
260
0
260
0
260
All Division:
50
All Division:
124
All Division:
20
Total Subarea
780
58.4.3a)
All Division outside Areas of National Jurisdiction
1.05.2007 to 31.08.2007
N/A
250
All Division:
50
All Division:
26
All Division:
20
58.4.3b)
All Division outside Areas of National Jurisdiction
1.05.2007 to 31.08.2007
N/A
300
All Division:
50
All Division:
159
All Division:
20
88.1
All Subarea
1.12.2006 to 31.08.2007
A
B, C, G
D
E
F
H, I, K
J
L
0
356 ( 1 )
0
0
0
1 936 ( 1 )
564 ( 1 )
176 ( 1 )
0
50 ( 1 )
0
0
0
97 ( 1 )
50 ( 1 )
50 ( 1 )
0
57 ( 1 )
0
0
0
310 ( 1 )
90 ( 1 )
28 ( 1 )
0
60 ( 1 )
0
0
0
60 ( 1 )
20 ( 1 )
20 ( 1 )
Total Subarea
3 032 ( 1 )
150 ( 1 )
484 ( 1 )
0
88.2
All Subarea
1.12.2006 to 31.08.2007
A
B
C, D, F, G
E
0
0
206 ( 1 )
341 ( 1 )
0
0
50 ( 1 )
50 ( 1 )
0
0
33 ( 1 )
55 ( 1 )
0
0
20 ( 1 )
20 ( 1 )
Total Subarea
547 ( 1 )
50 ( 1 )
88 ( 1 )
0
( 1 ) Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea:
—
Skates and rays: 5 % of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest
—
Macrourus spp.: 16 % of the catch limit for Dissostichus spp.
—
Other species: 20 tonnes per SSRU.
ANNEX XVSupplementary provisions
ANNEX XV
PART I
Port State control forms
PORT STATE CONTROL FORM — PSC 1
PART A: To be completed by the master of the vessel
Name of vessel
IMO Number ( 1 )
Radio Call Sign
Flag State
Inmarsat Number
Telefax Number
Telephone Number
E-mail address
Port of landing or transhipment
Estimated Time of Arrival
Date:
Time (UTC):
Total catch on board
Catch to be landed ( 2 )
Species ( 3 )
Product ( 4 )
ICES area of catch
Product weight (kg)
Species ( 3 )
Product ( 4 )
ICES area of catch
Product weight (kg)
PART B: For official use only — to be completed by the Flag State
The Flag State of the vessel must respond to the following questions by marking ‘Yes’ or ‘No’
Yes
No
a)
The fishing vessel declared to have caught the fish had sufficient quota for the species declared
b)
The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable
c)
The fishing vessel declared to have caught he fish had authorisation to fish in the area declared
d)
the presence of the fishing vessel in the area of catch declared has been verified according to VMS data
Flag State confirmation
I confirm that the above information is complete, true and correct to best of my knowledge and belief.
Name and title
Date
Signature
Official Stamp
PART C: For official use only — to be completed by the Port State
Name of Port State
Authorisation given
Date
Signature
Stamp
Yes …
No …
PORT STATE CONTROL FORM — PSC 2 ( 5 )
PART A: To be completed by the master of the vessel
Name of vessel
IMO Number ( 6 )
Radio Call Sign
Flag State
Inmarsat Number
Telefax Number
Telephone Number
E-mail address
Port of landing or transhipment
Estimated Time of Arrival
Date:
Time (UTC):
Catch information for donor vessels
Name of vessel
IMO Number ( 6 )
Radio Call Sign
Flag State
Total catch on board
Catch to be landed ( 7 )
Species ( 8 )
Product ( 9 )
ICES area of catch
Product weight (kg)
Species ( 8 )
Product ( 9 )
ICES area of catch
Product weight (kg)
PART B: For official use only — to be completed by the Flag State
The Flag State of the vessel must respond to the following questions by marking ‘Yes’ or ‘No’
Yes
No
a)
The fishing vessel declared to have caught the fish had sufficient quota for the species declared
b)
The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable
c)
The fishing vessel declared to have caught he fish had authorisation to fish in the area declared
d)
the presence of the fishing vessel in the area of catch declared has been verified according to VMS data
Flag State confirmation
I confirm that the above information is complete, true and correct to best of my knowledge and belief.
Name and title
Date
Signature
Official Stamp
PART C: For official use only — to be completed by the Port State
Name of Port State
Authorisation given
Date
Signature
Stamp
Yes …
No …
PART II
REPORT ON PORT STATE CONTROL INSPECTION (PSC 3) ( 10 )
A. INSPECTION REFERENCE
Port State
Port of landing or transhipment
Vessel name
Flag State
IMO Number ( 11 )
Int. Radio call sign
Landing/transhipment started
Date
Time
Landing/transhipment ended
Date
Time
B. INSPECTION DETAILS
Name of donor vessel
IMO Number ( 11 )
Radio call sign
Flag State
B1. fish landed or transhipped
Species ( 12 )
Product ( 13 )
ICES Area of catch
Product weight in kg
Diff. (kg) between Product weight and PSC 1 or 2
Diff. ( %) between Product weight and PSC 1 or 2
B2. information about landings authorised without confirmation from the flag state
Name of storage, name of competent authorities, deadline for receiving confirmation.
B3. fish retained on board
Species ( 12 )
Product ( 13 )
ICES Area of catch
Product weight in kg
Diff. (kg) between Product weight and PSC 1or 2
Diff. ( %) between Product weight and PSC 1or 2
C. RESULTS OF INSPECTION
Inspection started
Date
Time
Inspection ended
Date
Time
Observations
Infringements Noted ( 14 )
Article
Cite NEAFC provision(s) violated and summarise pertinent facts
Inspectors name
Inspectors signature
Date and place
D. OBSERVATIONS BY THE MASTER
I, the undersigned, Master of the vessel…hereby confirm that a copy of this report has been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.
Signature: … Date : …
E. DISTRIBUTION
Copy to flag State
Copy to NEAFC Secretary
( 1 ) Fishing vessels not assigned an IMO (International Maritime Organisation) number shall provide their external registration number.
( 2 ) If necessary an additional form or forms shall be used.
( 3 ) FAO 3-alpha Species Codes.
( 4 ) Product presentations Appendix to Annex XV.
( 5 ) A separate form shall be completed for each donor vessel.
( 6 ) Fishing vessels not assigned an IMO number shall provide their external registration number.
( 7 ) If necessary an additional form or forms shall be used.
( 8 ) FAO 3-alpha Species Codes.
( 9 ) Product presentations as set out in Appendix to Annex XV.
( 10 ) In case where a vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel.
( 11 ) Fishing vessels not assigned an IMO number shall provide their external registration number.
( 12 ) FAO 3-alpha Species Codes.
( 13 ) Product presentations as set out in Appendix to Annex XV.
( 14 ) In case of infringements related to fish caught in the NEAFC Convention Area a reference should be made to the relevant article of the NEAFC Scheme of Control and Enforcement adopted on 17 November 2006.
ANNEX XVISupplementary provisions
ANNEX XVI
PART I
SEAFO transhipment declaration
Text of image
Name of vessel and radio Call sign if any:
External identification:
SEAFO number:
In case of transhipment
Name and/or call sign, external identification and nationality of recipient vessel:
Day
Month
Hour
Year
2 0
Agent’s name:
Master’s name:
Departure
from
Return
to
Signature:
Signature:
Transhipment
Indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of this unit:
kilograms ( 1 ) ( 2 )
Species
Port of Transhipment ( 3 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Presentation ( 4 )
Name of Port, Country
Whole
Gutted
Head off
Filleted
(1) Give the unit of weight used (e.g. basket, box, etc.) for landing fish and the weight of the unit in kilograms. This unit may be different from that used in the logbook.
(2) Give the weight or quantities actually trans-shipped for all species covered by the SEAFO Convention. The weight should correspond to the weight of fish as landed, i.e. after any processing on board.
(3) Name of Port, Country refers to the port and country in which the transhipment will take place.
(4) “Presentation” means the way fish has been processed. Indicate the nature of this processing if any: GUT for gutting, HEAD for heading, FILLET for filleting, etc. Where no processing has taken place, WHOLE for whole fish.
TRANSHIPMENT DECLARATION
(1) General rule
In the case of transhipment, the master of the fishing vessel shall enter the quantities on the transhipment declaration. A copy of the transhipment declaration shall be handed to the master of the recipient vessel.
(2) Procedure for completion
(a)
Entries on transhipment declaration shall be legible and indelible.
(b)
No entry on the transhipment declaration may be erased or altered. If a mistake is made, the incorrect entry shall be struck out with a line and followed by a new entry initialled by the master or his agent.
(c)
One transhipment declaration should be completed for each transhipment operations.
(d)
Each page of the transhipment declaration shall be signed by the master.
(3) Responsibilities of the master in respect of the landing declaration and the transhipment declaration
The master of the vessel shall certify with his initials and signature that the estimated quantities entered on the transhipment declaration are reasonable. The copies of the transhipment declaration must be kept for one year.
(4) Information to be provided
The estimates of the quantities trans-shipped are to be indicated on the SEAFO transhipment declaration form, as specified in the footnotes to this form, for each species, and in respect of a particular voyage
(5) Procedure of transmission
(a)
In the case of transhipment to a vessel flying the flag of a Contracting Party State or registered in a Contracting Party, the first copy of the transhipment declaration shall be handed over to the master of the recipient vessel. The original shall be handed over or dispatched, as the case may be, to the authorities of the Contracting Party whose flag the vessel is flying or in which it is registered, within 48 hours of completion of landing or on arrival in port.
(b)
In the case of transhipment to a vessel flying the flag of a non-Contracting Party, the original document shall be handed over or sent, as the case may be, as soon as possible to the Contracting Party whose flag the fishing vessel is flying or in which it is registered.
(c)
In cases where it is impossible for the master to dispatch the original of the transhipment declarations to the authorities of the Contracting Party whose flag the vessel is flying or in which it is registered within the time limits specified, the information required in respect of the declaration shall be transmitted by radio or by other means to the authorities concerned.
The information shall be transmitted via the radio stations usually used, preceded by the name, the call sing and external identification of the vessel, and the name of its master.
In cases where it is not possible for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel or by any other method.
The master shall ensure that information transmitted to radio stations is passed on in writing to the relevant authorities.
PART II
Guidelines for Design and Deployment of Tori Lines
1.
These guidelines are designed to assist in the preparation and implementation of tori line regulations for longline fishing vessels. While these guidelines are relatively explicit, improvement in tori line effectiveness through experimentation is encouraged. The guidelines take into account environmental and operational variables such as weather conditions, setting speed and ship size, all of which influence tori line performance and design in protecting baits from birds. Tori line design and use may change to take account of these variables provided that line performance is not compromised. Ongoing improvement in tori line design is envisaged and consequently review of these guidelines should be undertaken in the future.
2. Tori Line Design
2.1.
It is recommended that a tori line 150 m in length be used. The diameter of the section of the line in the water may be greater than that of the line above water. This increases drag and hence reduces the need for greater line length and takes account of setting speeds and length of time taken for baits to sink. The section above water should be a string fine line (e; g. about 3 mm diameter) of a conspicuous colour such as red or orange.
2.2.
The above water section of the line should be sufficiently light that its movement is unpredictable to avoid habituation by birds and sufficiently heavy to avoid deflection of the line by wind.
2.3.
The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line.
2.4.
The streamers should be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong fine line sheathed in red polyurethane tubing) suspended from a robust three-way swivel (that again reduces tangles) attached to the tori line, and should hang just clear of the water.
2.5.
There should be a maximum of 5-7 m between each streamer. Ideally each streamer should be paired.
2.6.
Each streamer pair should be detachable by means of a clip so that line stowage is more efficient.
2.7.
The number of streamers should be adjusted for the setting speed of the vessel, with more streamers necessary at slower setting speeds. Three pairs are appropriate for a setting speed of 10 knots.
3. Deployment of Tori Lines
3.1.
The line should be suspended from a pole affixed to the vessel. The tori pole should be set as high as possible so that the line protects bait a good distance astern of the vessel and will not tangle with the fishing gear. Grater pole height provides greater bait protection. For example, a height of around 6 m above the water line can give about 100 m of bait protection.
3.2.
The tori line should be set so that streamers pass over baited hooks in the water.
3.3.
Deployment of multiple tori lines is encouraged to provide even greater protections of baits from birds.
3.4.
Because there is the potential for line breakage and tangling, spare tori lines should be carried on board to replace damaged lines and to ensure fishing operations can continue uninterrupted.
3.5.
When fishers use a bait casting machine (BCM) they must ensure co-ordination of the tori line and machine by:
a)
ensuring the BCM throws directly under the tori line protection and;
b)
when using a BCM that allows throwing to port and starboard, ensure that two tori lines are used.
3.6.
Fishermen are encouraged to install manual, electric of hydraulic winches to improve ease of deployment and retrieval of tori lines.
Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic
ANNEX XVIISupplementary provisions
ANNEX XVII
Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic
1. NORTH-EAST ATLANTIC
1.1.
The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries (hereinafter referred to as ‘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.
1.2.
Vessels that have been placed by the North-East Atlantic Fisheries Commission on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (hereinafter referred to as ‘IUU vessels’) are listed in Appendix 1. In addition to the measures referred to in point 1.1 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.
1.3.
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.
2. NORTHWEST ATLANTIC
2.1.
Vessels that have been placed by the Northwest Atlantic Fisheries Organisation (NAFO) on the list of IUU vessels are listed in Appendix 2. The following measures shall apply to these vessels:
(a)
Fishing vessels, support vessels, refuel vessels, mother-ship and cargo vessels flying the flag of a Member State shall not in any way assist IUU vessels, engage in fish processing operations or participate in any transhipment or joint fishing operations with vessels on the IUU vessels list;
(b)
IUU vessels shall not be supplied in ports with provisions, fuel or other services;
(c)
IUU vessels shall not be authorised to entry into port of a Member State, except in case of force majeure;
(d)
IUU vessels shall not be authorised to change the crew, except as required in relation to force majeure;
(e)
IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;
(f)
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;
(g)
Imports of fish coming from IUU vessels shall be prohibited.
2.2.
The Commission shall amend the IUU vessels list to be in accordance with the NAFO list as soon as NAFO adopts a new list.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.