Number of authorised vessels
1. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number of Community fishing vessels greater than 24 metres in length overall authorised to fish in Area 2. The number of vessels is set at the number of Community fishing vessels registered in the IOTC vessels register in 2003. The restriction on the number of vessels must correspond to the overall gross tonnage (GT). Where vessels are replaced the overall tonnage must not be exceeded.
2. The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall distribute among the Member States the number of vessels determined in accordance with paragraph 1 of this Article.
Sharks
1. Member States shall do their utmost to encourage the release of live sharks caught accidentally, in particular juveniles.
2. Member States shall encourage the reduction of discards of sharks.
Sea turtles
1. Member States shall do their utmost to reduce the impact of fishing on sea turtles, in particular by applying the measures provided for in paragraphs 2, 3 and 4.
2. The use of all fishing gear shall be subject to the following conditions:
(a)
appropriate handling, including the recovery or prompt release of sea turtles caught accidentally (by hooks or nets) or as by-catch;
(b)
the presence on board of equipment necessary for the release of sea turtles caught accidentally or as by-catch.
3. The use of the purse seine shall be subject to the following conditions:
(a)
an obligation to avoid, where possible, encircling sea turtles;
(b)
the development and application of specifications for appropriate gear for minimising by-catches of sea turtles;
(c)
the adoption of all the measures necessary for releasing encircled or caught sea turtles;
(d)
the adoption of all the measures necessary for monitoring fish-aggregating devices in which sea turtles could be caught, to release those taken and recover devices that are not used.
4. The use of longlines shall be subject to the following conditions:
(a)
the development and putting in place of combinations of hook shapes, type of lures, depth and design of nets and fishing practices to minimise accidental catches or by-catches and mortality of sea turtles;
(b)
the presence on board of equipment necessary for releasing sea turtles caught accidentally or as by-catch. including tools for unhooking them or cutting the lines and landing nets.
