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This Regulation fixes fishing opportunities for the year 2008, 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 2009, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.
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, the provisions of this Regulation, except points 4.2 of Annex III and footnote 1 to Annex IX, 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 whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.
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 TAC allocated to the Community, Member States or third countries;
(c)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State.
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)
‘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;
(c)
‘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;
(d)
‘Gulf of Cadiz’ means the area of ICES zone IXa east of longitude 7 o 23'48"W;
(e)
The GFCM (General Fisheries Commission for the Mediterranean) zone is as defined in Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean ( 32 ) ;
(f)
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 ( 33 ) ;
(g)
‘NEAFC Convention Area’ means the waters 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 ( 34 ) ;
(h)
‘NEAFC Regulatory Area’ means the waters of the NEAFC Convention Area which lie beyond the waters under the jurisdiction of NEAFC Contracting Parties;
(i)
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 ( 35 ) ;
(j)
‘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;
(k)
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 ( 36 ) ;
(l)
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 ( 37 ) ;
(m)
CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 601/2004;
(n)
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 ( 38 ) ;
(o)
The IOTC (Indian Ocean Tuna Commission) zone is as defined in Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission ( 39 ) ;
(p)
The South Pacific Regional Fisheries Management Organisation (SPFO) area is the high seas area south of the Equator, north of the CCAMLR Convention area, east of the SIOFA Convention Area as defined in the Council Decision 2006/496/EC of 6 July 2006 on the signing, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement ( 40 ) , and west of the areas of fisheries jurisdictions of South American States;
(q)
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 ( 41 ) .
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 11, 20 and 21.
3. The Commission shall fix the 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 6 of Annex IID.
4. The Commission shall fix catch limits for capelin in Greenland waters of ICES zones V and 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 and for the stock of sprat in EC waters of ICES zones IIa and IV 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 2008.
6. The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII 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 2008.
7. As a consequence of a revision of the stock of Norway pout in accordance with paragraph 5, the catch limits for the stocks of whiting in ICES zone IIIa and ICES zone IV and EC waters of ICES zone IIa and for the stocks of haddock in ICES zone IIIa and EC waters of ICES zones IIIb, IIIc and IIId and in ICES zone IV and EC waters of ICES zone IIa may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 to take into account industrial by-catches in the Norway pout fishery.
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 ).
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 2009, 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.
1. From 1 February 2008 to 31 January 2009, 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 2008 to 31 January 2008 for the stocks mentioned in paragraph 1, the fishing effort and associated conditions laid down in Annexes IIA, IIB, IIC and IID to Regulation (EC) No 41/2007 shall continue to apply.
3. The Commission shall fix the fishing effort for 2008 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 4 and 5 of Annex IID.
4. Member States shall ensure that for 2008 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/or 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.
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. 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.
4. 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.
1. 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.
2. 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.
3. 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.
4. 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.
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.
Mesh size and twine thickness referred to in this Regulation shall be determined in accordance with Commission Regulation (EC) No 129/2003 of 24 January 2003 laying down detailed rules for determining the mesh seize and thickness of twine of fishing nets ( 42 ) , when Community fishing vessels are inspected by Community inspectors, Commission inspectors and national inspectors.
Transitional technical and control measures for Community vessels shall be as set out in Annex III.
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 15 to 18 and 22 to 28.
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:
—
Basking shark ( Cetorhinus maximus )
—
White shark ( Carcharodon carcharias ).
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.
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.
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.
Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.
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.
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.
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 2007 may continue to fish as from 1 January 2008 until the list of fishing vessels authorised to fish is submitted to, and approved by, the Commission.
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.
The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.
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.
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 of this Regulation.
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 ( 43 ) .
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.
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.
1. In order to protect the dolphinfish ( Coryphaena hippurus ), in particular small fish, the dolphinfish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January 2008 to 14 August of 2008, in all geographical sub-areas of the GFCM Agreement area as determined in Resolution GFCM/31/2007/2 set out in Annex XIV.
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 before 1 January 2009 submit to the Commission 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 2009 until 31 January 2009. Such an application shall be accompanied by the following information:
(a)
a report containing the details of the cessation of 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 ( 44 ) .
The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.
3. Before 1 November 2008 Member States shall send the Commission a report on the implementation of the measures referred to in paragraph 2 for the year 2007.
4. Member States shall report to the Commission by 15 January 2009 the total landings and transhipments of dolphinfish carried out in 2008 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as determined in Resolution GFCM/31/2007/2 as set out in Annex XIV.
The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.
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 the deep-sea sensitive habitats in the areas referred to in paragraph 1 and in particular shall ensure that these areas are protected from the impacts of any other activity than fishing activity jeopardizing the conservation of the features that characterize these particular habitats.
1. By way of derogation from Article 8(1)(h) and from point (2) of Article 9(3) of Regulation (EC) No 1967/2006, Member States may continue to authorize fishing vessels flying their flag the use of codend mesh size smaller than 40 mm diamond to operate in certain local and seasonal demersal trawl fisheries exploiting fish stocks that are not shared with third countries.
2. Paragraph 1 shall apply only to fishing activities already formally authorized by Member States in accordance with national law in force on 1 January 2007 and shall not involve any future increase in fishing effort with respect to the year 2006.
3. Member States shall by 15 January 2008 through the accustomed data-processing support submit to the Commission the list of vessels authorised in accordance with paragraph 1. The list of authorised vessels shall include the following information:
(a)
the vessel's Community fleet register number (CFR) and external marking as defined in Annex I to Commission Regulation (EC) No 26/2004;
(b)
the authorized fishery(ies) carried out by each vessel defined in terms of target stock(s), the fishing area as determined in Resolution GFCM/31/2007/2 as set out in Annex XIV and the technical mesh size characteristics of the fishing gear deployed;
(c)
the authorised fishing period.
4. The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.
1. The master of a vessel authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 shall, by electronic means, send to the competent authorities of his flag Member State a catch report stating the quantities of Greenland halibut caught by his vessel, including zero catch returns.
2. The report provided for in paragraph 1 shall for the first time be transmitted at the latest at the end of the tenth day following the date of the entry of the vessel into the NAFO Regulatory Area or after the beginning of the fishing trip. The report shall be transmitted on a five day basis. When catches of Greenland halibut notified in accordance with paragraph 1 are deemed to have exhausted 75 % of the flag Member States' quota allocation, the master of a vessel shall transmit the reports on a three day basis.
3. Each Member State shall upon receipt forward the catch reports to the Commission. The Commission shall promptly forward that information to the NAFO Secretariat.
1. Vessels authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 may only enter into the NAFO Regulatory Area to fish for Greenland halibut if they have less than 50 tons of any catch on board or if access is permitted in accordance with paragraphs 2, 3 and 4 of this Article.
2. Where a vessel authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 has catches from outside the NAFO Regulatory Area of 50 tons or more on board, it shall communicate to the NAFO Secretariat, by e-mail or fax at the latest 72 hours prior to the entry (ENT) into the NAFO Regulatory area, the amount of catch retained on board, the position (latitude/longitude) where the master of the vessel estimates that the vessel will commence fishing, and the estimated time of arrival at the position.
3. If an inspection vessel, following the notification referred to in paragraph 2, signals its intention to carry out an inspection, it shall communicate the coordinates of a checkpoint for an inspection to take place to the fishing vessel. The checkpoint shall be no more than 60 nautical miles from the position where the master of the vessel estimates that the vessel will commence fishing.
4. If a fishing vessels authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 receives no communication from the NAFO Secretariat or from an inspection vessel, by the time it enters the NAFO Regulatory Area, that an inspection vessel intends to carry out an inspection in accordance with paragraph 3, the fishing vessel may proceed to fish. The fishing vessel may also commence fishing activities without prior inspection if the inspection vessel has not commenced the inspection within three hours following the arrival of the fishing vessel at the checkpoint.
In NAFO Division 3O the area defined in Annex VII shall be closed to all fishing activity involving bottom contact gear.
Without prejudice to 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 ( 45 ) the procedures set out in this Chapter shall apply to landing or transhipping in ports of Member States of frozen fish caught by third country fishing vessels in the NEAFC Convention area.
Landings and transhipments in Community waters shall only be allowed 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 35, are permitted. Member States shall notify the Commission of any changes to the list of ports designated in 2007 at least fifteen days before the change shall come 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.
1. By way of derogation from Article 28e(1) of Regulation (EEC) No 2847/93, the masters of all fishing vessels or their representatives, carrying fish referred to in Article 35 of this Regulation, intending to call into a port to land or tranship shall notify the competent authorities of the Member State of the port they wish to use at least three 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 VIII with Part A duly completed as follows:
(a)
Form PSC 1 shall 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 competent authorities of the port Member State shall forward a copy of the form as 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.
1. Landings or transhipments may only be authorised by the competent authorities of the port Member State 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 37(3) with Part B duly completed, that:
(a)
the fishing vessels declared to 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 declared to have caught the fish had authorisation to fish in the areas declared;
(d)
the presence of the vessel in the area of catch declared has been verified according to VMS data.
Landing or transhipment operations may only commence after authorisation has been given by the competent authorities of the port Member State.
2. By way of derogation from paragraph 1 the competent authorities of 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 competent authorities of the port Member State may confiscate and dispose of the fish in accordance with national rules.
3. The competent authorities of the port Member State shall notify without delay 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 VIII 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 Convention area.
1. The competent authorities of Member States shall carry out inspections of at least 15 % of landings or transhipments by third country fishing vessels, referred to in Article 35, 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.
1. Each inspection shall be documented by completing an inspection report as set out in Part II of Annex VIII.
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 Convention 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.
1. Direct fishing of the species set out in Annex IX 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 X shall apply in the Subareas set out in that Annex.
Without prejudice to Article 4 of Regulation (EC) No 601/2004 Member States shall ensure that all Community fishing vessels are equipped with:
(a)
adequate communication equipment (including MF/HF radio and carriage of at least one 406 MHz Emergency Position Indicating Radio Beacon (EPIRB) and trained operators on board and wherever possible fitted with GMDSS equipment;
(b)
sufficient immersion survival suits for all on board;
(c)
adequate arrangements to handle medical emergencies that may arise in the course of the voyage;
(d)
reserves of food, fresh water, fuel and spare parts for critical equipment to provide for unforseen delays and besetment;
(e)
an approved Shipboard Oil Pollution Emergency Plan (SOPEP) outlining marine pollution mitigation arrangements (including insurance) in the event of a fuel or waste spill.
1. Fishing vessels flying the flag of, and registered in, Spain that have been notified to CCAMLR in accordance with the provisions of Articles 7 and 7a 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 and 58.4.3b) outside Areas of national jurisdiction.
2. No more than one fishing vessel shall fish in Division 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 X. 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.
Fishing vessels participating in the exploratory fisheries as referred to in Article 43 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.
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.
Fishing vessels participating in the exploratory fisheries referred to in Article 43 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 45(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 45(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.
1. Fishing vessels participating in the exploratory fisheries referred to in Article 43 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.
Without prejudice to Article 7b of Regulation (EC) No 601/2004 each longline vessel shall tag and release Dissostichus spp., continuously while fishing, at a rate specified in the conservation measure for that fishery according to the CCAMLR Tagging Protocol.
1. Each fishing vessel participating in the exploratory fisheries referred to in Article 43 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 designating CCAMLR Contracting party under this scheme on the same basis as reports from its own inspectors and both Member State and designating CCAMLR Contracting party concerned shall cooperate in order to facilitate judicial or other proceedings arising from any such report.
1. By way of derogation from Article 5a of Regulation (EC) No 601/2004, Member States intending to fish for krill in the CCAMLR Convention Area, as defined in Article 2 of that Regulation, shall notify the CCAMLR Secretariat and the Commission, of their intention not less than four months in advance of the annual meeting of the CCAMLR Commission, immediately prior to the season in which they intend to fish, using the format laid down in Annex XI to this Regulation in order to ensure an appropriate review by the CCAMLR Commission before the vessels commence fishing.
2. The notification, referred to in paragraph 1 shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify vessels flying its flag at the time of the notification.
4. By way of derogation from paragraph 3, Member States shall be entitled to authorise participation in a krill fishery by a vessel other than that notified to CCAMLR in accordance with paragraphs 1 to 3, if the notified vessel is prevented from participation due to legitimate operational reasons or force majeure . In such circumstances Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(i)
full details of the intended replacement vessel(s) referred to in paragraph 2;
(ii)
a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5. By way of derogation from paragraphs 3 and 4, Member States shall not authorise a vessel on either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.
Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 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 (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32008R0040
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