Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Subject matter
This Regulation fixes fishing opportunities for the year 2009, 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 2010, 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, the provisions of this Regulation, except point 4.2 of Annex III and footnote 1 to Annex XI, 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.
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 TAC allocated to the Community, Member States or third countries; (c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State.
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) ‘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 Cádiz’ 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/EECof 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) ‘SPFO (South Pacific Regional Fisheries Management Organisation) area’ means 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 ) . (r) ‘High Seas of the Bering Sea’ means the area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.
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 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 2009. 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 2009. 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.
Prohibited species
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 ).
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, pursuant to Article 23(4) of Regulation (EC) No 2371/2002 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008; (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 2010, 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 2009 to 31 January 2010, 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 and Vb; (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 Cádiz; (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 2009 to 31 January 2009 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 40/2008 shall continue to apply. 3. The Commission shall fix the fishing effort for 2009 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 2009 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 65 % 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.
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. 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.
Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa
1. Article 2(1) of Regulation (EC) No 1434/98 concerning the prohibition to retain herring on board under certain circumstances 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 3 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.
Determination of mesh size and twine thickness
Mesh size and twine thickness referred to in this Regulation shall be determined in accordance with Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets ( 42 ) , when Community vessels are inspected by Community inspectors, Commission inspectors and national inspectors.
Transitional technical and control measures
Transitional technical and control measures for Community vessels shall be as set out in Annex III.
Authorisation
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 Chapter III of Regulation (EC) No 1006/2008 and Articles 15 to 18 and 22 to 27 of this Regulation.
Prohibited species
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 ).
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.
Transitional technical and control measures
Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.
Fishing authorisations and associated conditions
1. The following Community vessels shall be exempt from the obligation to have a fishing authorisation, as set out in Article 3 of Regulation (EC) No 1006/2008, when they engage in fishing activities in Norwegian waters of the North Sea: (a) vessels of a tonnage equal to or less than 200 GT; (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. 2. The maximum number of fishing authorisations and other associated conditions for Community vessels fishing in waters of a third country are set out in Part I of Annex IV. 3. If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex IV, on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Part I of Annex IV, shall not be exceeded. 4. 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 authorised 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.
Obligation to have a fishing authorisation
1. Fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a fishing authorisation, as set out in Article 18 of Regulation (EC) No 1006/2008, when they engage in fishing activities in Community waters. 2. The fishing authorisation issued to third-country fishing vessel engaging in fishing activities in Community waters shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.
Application for a fishing authorisation
Without prejudice to Article 19(2) of Regulation (EC) No 1006/2008, an application to the Commission for a fishing authorisation from an authority of a third-country shall contain the following information: (a) the name of the vessel; (b) the registration number; (c) external identification letters and numbers; (d) the port of registration; (e) the name and address of the owner or charterer; (f) the gross tonnage and overall length; (g) the engine power; (h) the call sign and radio frequency; (i) the intended method of fishing; (j) the intended area of fishing; (k) the species for which it is intended to fish; (l) the period for which an authorisation is applied for.
Number of fishing authorisations
The maximum number of fishing authorisations and other associated conditions for third-country vessels fishing in Community waters shall be laid down in Part II of Annex IV.
Cancellation
Without prejudice to Chapter III of Regulation (EC) No 1006/2008, fishing authorisations may be cancelled with a view to the issue of new fishing authorisations. Such cancellations shall take effect on the day preceding the date of issue of the fishing authorisations by the Commission. New fishing authorisations shall take effect from their date of issue.
Obligations of the holder of the fishing authorisation
1. In addition to complying with any data transmission requirement laid down in accordance with Article 23(1) of Regulation (EC) No 1006/2008, third-country fishing vessels shall keep a logbook in which the information set out in Part I of Annex V shall be entered. 2. When transmitting information in accordance with Article 23 of Regulation (EC) No 1006/2008, third-country fishing vessels shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex. 3. Paragraph 2 shall not apply to vessels flying the flag of Norway fishing in ICES zone IIIa.
Specific provisions concerning the Department of French Guyana
1. In addition to the conditions set out in Chapter III of Regulation (EC) No 1006/2008, the granting of fishing authorisations 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. In addition to complying with any data transmission requirement laid down in accordance with Article 23 of Regulation (EC) No 1006/2008, 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.
Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)
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 2009 to 14 August 2009, in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII. 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 2010 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 2010 until 31 January 2010. 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) the name of the vessel; (c) the registration number; (d) the external identification markings as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register ( 43 ) . The Commission shall forward the information obtained from the Member States to the Executive Secretary of the GFCM. 3. Member States shall send to the Commission before 1 November 2009 a report on the implementation of the measures referred to in paragraph 2 for the year 2008. 4. Member States shall report to the Commission by 15 January 2010 the total landings and transhipments of dolphinfish carried out in 2009 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII. The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.
Establishment of fisheries restrictive areas in order to protect the 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 32.58' E — 39 o 11.16' N, 18 o 04.28' 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 Eratosthenes 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 jeopardising the conservation of the features that characterise these particular habitats.
Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries in the Mediterranean Sea
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 authorise 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 formally authorised 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 submit to the Commission by 15 January 2009, through the accustomed data-processing support, the list of vessels authorised in accordance with paragraph 1. 4. The list of authorised vessels shall include the following information: (a) the name of the vessel; (b) the vessel's Community fleet register number (CFR) and external marking as defined in Annex I to Regulation (EC) No 26/2004; (c) the authorised fishery(ies) carried out by each vessel defined in terms of target stock(s), the fishing area set out in Annex VII and the technical mesh size characteristics of the fishing gear deployed; (d) the authorised fishing period. 5. Where the list of authorised vessels as referred to in paragraph 4 does not contain changes with respect to what was communicated in the year 2008, Member States shall inform the Commission by 15 January 2009 that no changes have occurred. 6. The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.
Transmission of data
1. Member States shall submit to the Executive Secretary of the GFCM, by 30 June 2009, the data of Task 1.1 and Task 1.2 of the GFCM statistical matrix as set out in Annex X. 2. Member States shall submit to the Executive Secretary of the GFCM, by 30 June 2009 and to the extent possible, the data of Tasks 1.3, 1.4 and 1.5 of the GFCM statistical matrix as set out in Annex X. 3. Member States shall use the GFCM data-entry system as available at the GFCM web-site ( 44 ) for the submission of data referred to in paragraphs 1 and 2. 4. Member States shall inform the Commission of the data submitted on the basis of this Article.
Catch reporting
1. The master of a vessel authorised 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.
Additional control measures
1. Vessels authorised 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 authorised 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 authorised 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.
Port State control
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 fish frozen after being caught by third-country fishing vessels in the NEAFC Convention area.
Designated ports
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 34, 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.
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 or their representatives, carrying fish referred to in Article 34 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 shall be accompanied by the form provided for in Part I of Annex IX 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. Masters of vessels or their representatives may cancel a prior notification by notifying the competent authorities of the port they wish to use at least 24 hours before the notified estimated time of arrival in the port. The notification shall be accompanied by a copy of the original FormPSC 1 or PSC 2 with the word ‘CANCELLED’ written across Part B. 4. The competent authorities of the port Member State shall forward a copy of the form as referred to in paragraphs 2 and 3 without delay to the flag State of the fishing vessel, to the flag State(s) of donor vessels when the vessel has engaged in transhipment operations and to the NEAFC Secretary.
Authorisation to land or tranship
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 36(4) 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 their control. 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 IX 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.
Inspections
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 34, 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 IX. 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.
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex X 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 XI shall apply in the Subareas set out in that Annex.
Rules of conduct for exploratory fisheries
Without prejudice to Article 4 of Regulation (EC) No 601/2004 Member States shall ensure that all Community vessels are equipped with: (a) adequate communication equipment (including MF/HF radio and carriage of at least one 406MHz 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.
Participation in exploratory fisheries
1. Fishing vessels flying the flag of, and registered in a Member State 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 58.4.3(b) outside areas of national jurisdiction. 2. No more than one fishing vessel shall fish in Division 58.4.3(b) at any one time. 3. With regard to Subareas FAO 88.1 and 88.2 as well as Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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 XII. 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 Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3(b) shall be prohibited in depths less than 550 m.
Reporting systems
Fishing vessels participating in the exploratory fisheries as referred to in Article 42 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 FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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.
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 5 000 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 42 shall implement Research Plans, in each and all SSRUs in which Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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 44(2); research hauls shall be carried out on, or close to, positions provided by the CCAMLR Secretariat, based on a stratified random design in prescribed areas within that SSRU; (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 44(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 10 research hauls of the third series, the vessel may continue to fish within the SSRU.
Data collection plans
1. Fishing vessels participating in the exploratory fisheries referred to in Article 42 shall implement data collection plans, in each and all SSRUs in which Subareas FAO 88.1 and 88.2 as well as Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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. 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. 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. 2. From the date of entry into force of this Regulation until the end of the 2008/2009 fishing season, each longline vessel shall tag and release skates, continuously while fishing, at a rate specified in the conservation measure for that fishery according to the CCAMLR Tagging Protocol. All tagged skates must be double-tagged and released alive. 3. All toothfish and skate tags for use in exploratory fisheries shall be sourced from the CCAMLR Secretariat.
Scientific observers
1. Each fishing vessel participating in the exploratory fisheries referred to in Article 42 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.
Notifications of intent to participate in a krill fishery during the 2009/2010 fishing season
1. Only those Member States which are Members of the CCAMLR Commission may fish for krill in the CCAMLR Convention Area during the 2009/2010 fishing season. By way of derogation from Article 5a of Regulation (EC) No 601/2004, such Member States, if intending to fish for krill in the CCAMLR Convention Area, shall notify the CCAMLR Secretariat and the Commission, of their intention no later than 1 June 2009, immediately prior to the season in which they intend to fish, using the format laid down in Annex XII to this Regulation in order to ensure an appropriate review by the CCAMLR Commission before the vessels commence fishing as well as the net configuration form using the format laid down in Annex XIII. 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.
Precautionary catch limitations on krill fishery for certain sub areas
1. The total combined catch of krill in Statistical Sub areas 48.1, 48.2, 48.3 and 48.4 shall be limited to 3,47 million tonnes in any fishing season. The total catch of krill in Statistical Division 58.4.2 shall be limited to 2,645 million tonnes in any fishing season. 2. Until an allocation of this total catch limit between smaller management units has been defined, based on the advice from the Scientific Committee, the total combined catch in Statistical Sub areas 48.1, 48.2, 48.3 and 48.4 shall be further limited to 620 000 tonnes in any fishing season. The total catch in Division 58.4.2 shall be limited to 260 000 tonnes West of 55 o E and 192 000 tonnes East of 55 o E in any fishing season. 3. A fishing season shall begin on 1 December and end on 30 November of the following year. 4. Each vessel participating in the krill fishery in Division 58.4.2 shall have at least one scientific observer in accordance with the CCAMLR Scheme of International Scientific Observation or a domestic scientific observer fulfilling the requests in that scheme, and where possible one additional scientific observer on board throughout all fishing activities within the fishing period.
Data Reporting System for krill fisheries
1. Catches of krill shall be reported in accordance with Articles 11, 13 and 14 of Regulation (EC) No 601/2004. 2. The operation of the krill fishery shall be carried out in accordance with Article 9 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 ( 46 ) . 3. Vessels shall use marine mammal exclusion devices on trawls. 4. When the total reported catch in any fishing season is greater than or equal to 80 % of the trigger level of 620 000 tonnes in Sub areas 48.1, 48.2, 48.3 and 48.4 and of 260 000 tonnes west of 55 o E and 192 000 tonnes east of 55 o E in sub area 58.4.2, catches shall be reported in accordance with Article 11 of Regulation (EC) No 601/2004. 5. In the fishing season following that in which the total catch has been greater than or equal to 80 % of the trigger level, laid down in paragraph 2, catches shall be reported in accordance with Article 11 of Regulation (EC) No 601/2004 when the total catch is greater than or equal to 50 % of that trigger level. 6. Member States shall report to the CCAMLR Executive Secretary, with a copy to the Commission, the total green weight of krill caught and lost. 7. At the end of each fishing season Member States shall obtain from each of its vessels the haul-by-haul data required to complete the ccamlr fine-scale catch and effort data form. It shall transmit those data, in the trawl fisheries form C1 of CCAMLR, to the CCAMLR Executive Secretary and to the Commission not later than 1 April of the following year.
Interim prohibition of deep-sea gillnetting
1. For the purpose of this Article the following definition shall apply: Gillnets are strings of single, double or triple netting walls, vertical, near the surface, in midwater or on the bottom, in which fish will gill, entangle or enmesh. Gillnets have floats on the upper line (headrope) and, in general, weights on the ground-line (footrope). Gillnets consist of single or, less commonly, double or triple netting (known as ‘trammel net’) mounted together on the same frame ropes. Several types of nets may be combined in one gear (for example, trammel net combined with gillnet). These nets can be used either alone or, as is more usual, in large numbers placed in line (‘fleets’ of nets). The gear can be set, anchored to the bottom (known as ‘bottom-set net’) or left drifting, free or connected with the vessel (known as ‘driftnet’). 2. The use of gillnets in the CCAMLR Convention Area, for purposes other than scientific research, is prohibited until such time as 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 CCAMLR Convention Area. 3. Proposal for 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. 4. Any vessel seeking to transit the CCAMLR Convention Area carrying gillnets must give advance notice of its intent, including the expected dates of its passage through the CCAMLR Convention Area to the CCAMLR Secretariat. Any vessel in possession of gillnets within the CCAMLR Convention Area which has not given such an advance notice, shall be deemed to be in breach of this provision.
Minimisation of the incidental mortality of seabirds
1. Without prejudice to Article 8 of Regulation (EC) No 601/2004 vessels using exclusively the Spanish method of longline fishing shall release weights before line tension occurs. 2. The following weights may be used: (a) traditional weights made from rocks or concrete of at least 8,5 kg mass which shall be used, spaced at intervals of no more than 40 m; (b) traditional weights made from rocks or concrete of at least 6 kg mass which shall be used, spaced at intervals of no more than 20 m; or (c) solid steel weights, not made from chain links, of at least 5 kg mass which shall be used, spaced at intervals of no more than 40 m. 3. Vessels using exclusively the trotline method shall use weights only at the distal end of the droppers in the trotline. The weights shall be traditional weights of at least 6 kg or solid steel weights of at least 5 kg. 4. Vessels using both the Spanish method referred to in paragraph 1 and the trotline method referred to in paragraph 3 shall use: (i) for the Spanish method: line weighting in accordance with the provisions in paragraph 1; (ii) for the trotline method: line weighting which shall consist either of 8,5 kg traditional weights or of 5 kg steel weights attached on the hook-end of all droppers in the trotline at no more than 80 m intervals.
Closure of all fisheries
1. Following notification by the CCAMLR Secretariat of the closure of a fishery, Member States shall ensure that all vessels flying their flag and fishing in the area, management area, subarea, division, small-scale research unit or other management unit, subject to the closure notice, shall remove all their fishing gear from the water by the notified closure date and time. 2. On receipt of such notification by the vessel, no further longlines may be set within 24 hours of the notified date and time. If such notification is received less than 24 hours before the closure date and time, no further longlines may be set following receipt of that notification. 3. In the case of closure of the fishery, all vessels shall depart from the fishing area as soon as all fishing gear has been removed from the water. 4. Where a vessel is unable to remove all its fishing gear from the water by the notified closure date and time for reasons relating to: (i) the safety of the vessel and crew; (ii) the limitations which may arise from adverse weather conditions; (iii) sea-ice cover; or (iv) the need to protect the Antarctic marine environment, the vessel shall notify the Member State concerned of the situation. The Member States shall promptly notify the CCAMLR Secretariat, and the Commission. The vessel shall nonetheless make all reasonable efforts to remove all its fishing gear from the water as soon as possible. 5. If paragraph 4 applies, Member States shall carry out an investigation of the vessel's actions and, according to its domestic procedures, report the CCAMLR Secretariat and the Commission of its findings, including all relevant matters, no later than the next CCAMLR meeting. The final report shall assess whether the vessel made all reasonable efforts to remove all its fishing gear from the water: (i) by the notified closure date and time; and (ii) as soon as possible after the notification referred to in paragraph 4. 6. Where a vessel does not depart from the closed area as soon as all fishing gear has been removed from the water, the flag Member State or vessel shall inform the CCAMLR Secretariat and the Commission.
Authorisation of vessels
1. Member States shall submit electronically, where possible, to the Commission by 1 June 2009, the list of their vessels that are authorised to operate in the SEAFO Convention Area by issue of a fishing authorisation. 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 in respect of those vessels the requirements and responsibilities under the SEAFO Convention and its conservation and management measures. 4. No fishing authorisation 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. 5. The list referred to in paragraph 1 shall include the following information: (a) the name of vessel, registration number, previous names (if known), and port of registry; (b) the previous flag (if any); (c) the International Radio Call Sign (if any); (d) the name and address of owner or owners; (e) the type of vessel; (f) the length; (g) the name and address of operator (manager) or operators (managers) (if any); (h) the gross register tonnage; and (i) the 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 the vessels which are not entered into the SEAFO record of authorised vessels. 2. Member States shall notify the Commission of any factual information showing that there are reasonable grounds for suspecting vessels not on the SEAFO record of authorised vessels to be 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 record of authorised vessels are not engaged in or associated with fishing activities conducted by vessels not entered into the record of authorised vessels in the SEAFO Convention Area.
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 vessels which catch species covered by the SEAFO Convention in the SEAFO Convention Area shall only tranship in the port of a SEAFO Contracting Party if they have prior authorisation from the Contracting Party in whose port the operation will take place. Community 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 XIV. 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: — the names of the transshipping fishing vessels, — the names of the receiving vessels, — the tonnage by species to be transshipped, — 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 receiving Community 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 authorised to fish in the SEAFO Convention Area for species covered by the SEAFO Convention, shall notify by 1 June 2009 to the Commission the details of the transshipments by its flag vessels.
Closed areas
All fishing activities for species covered by the SEAFO Convention by Community 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.
Resumption of fishing in a closed area
1. No fishing shall resume in a closed fishing area referred to in Article 60 until the flag State has identified and mapped vulnerable marine ecosystems, including seamounts, hydrothermal vents and cold water corals in the area and made an assessment on the impact of any resumption of fishing on such vulnerable marine ecosystems. 2. The results of the identification, mapping and impact assessment carried out in accordance with paragraph 1 shall be submitted by the flag State to the Commission for transmission to the Annual Scientific Committee Meeting of SEAFO. 3. Member States may submit Research Fishing Plans to the Commission for evaluation of the impact of the fisheries on the sustainability of the fisheries resources and on vulnerable marine habitats.
Information on interactions with seabirds
Member States shall collect and provide all available information to the Commission by 1 June 2009, 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 pole design and deployment guidelines, as set out in Part II of Annex XIV; (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 ( 47 ) . 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 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 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 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.
Measures for the protection of deep water sharks
Directed fishing for deep water sharks in the SEAFO Convention Area shall be prohibited.
Special Provisions for Patagonian Toothfish (Dissostichus eleginoides)
1. The master of a vessel authorised to fish for Patagonian Toothfish in the SEAFO Convention Area in accordance with Article 55 shall, by electronic means, send to the competent authorities of his flag Member State and the SEAFO Secretariat a catch report stating the quantities of Patagonian Toothfish caught by his vessel including nil returns. This report shall be sent every five days of the fishing trip. Each Member State shall promptly forward that information to the Commission. 2. Member States with vessels authorised to fish for Patagonian Toothfish in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.
Special Provisions for Deep-sea Red Crab (Chaceon spp.)
1. The master of a vessel authorised to fish for Deep-sea Red Crab in the SEAFO Convention Area in accordance with Article 55 shall, by electronic means, send to the competent authorities of his flag Member State and the SEAFO Secretariat a catch report stating the quantities of Deep-sea Red Crab caught by his vessel including nil returns. This report shall be sent every five days of the fishing trip. Each Member State shall promptly forward that information to the Commission. 2. Member States with vessels authorised to fish for Deep-sea Red Crab in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.
Special Provisions for Alfonsino (Beryx spp.)
1. The master of a vessel authorised to fish for Alfonsino in the SEAFO Convention Area in accordance with Article 55 shall, by electronic means, send to the competent authorities of his flag Member State and the SEAFO Secretariat a catch report stating the quantities of Alfonsino caught by his vessel including nil returns. This report shall be sent every five days of the fishing trip. Each Member State shall promptly forward that information to the Commission. 2. Member States with vessels authorised to fish for Alfonsino in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.
Special Provisions for Orange Roughy (Hoplostethus atlanticus)
1. The master of a vessel authorised to fish for Orange Roughy in the SEAFO Convention Area in accordance with Article 55 shall, by electronic means, send to the competent authorities of his flag Member State and the SEAFO Secretariat a catch report stating the quantities of Orange Roughy caught by his vessel including nil returns. This report shall be sent every five days of the fishing trip. Each Member State shall promptly forward that information to the Commission. 2. Member States with vessels authorised to fish for Orange Roughy in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.
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 (FAO 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 2009.
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.
Use of terms
For the purpose of this Section, the following definitions shall apply: (1) ‘bottom fishing activities’ means fishing activities where the fishing gear is likely to contact the seafloor during the normal course of fishing operations; (2) ‘existing bottom fishing areas’ means areas where VMS data and/or other available geo-reference data indicate that bottom fishing activities have been conducted within a reference period of 1987 to 2007; (3) ‘new bottom fishing areas’ means areas within the SEAFO Regulatory Area other than existing bottom fishing areas; (4) ‘exploratory fisheries’ means fisheries conducted in new bottom fishing areas; (5) ‘marine ecosystem’ means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit; (6) ‘Vulnerable Marine Ecosystem (VME)’ means any marine ecosystem whose integrity (i.e. ecosystem structure or function) is, according to the best scientific information available and to the principle of precaution, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds. The most vulnerable ecosystems are those that are easily disturbed and that are very slow to recover, or may never recover; (7) ‘significant adverse impacts’ means impacts (evaluated individually, in combination or cumulatively) which compromise ecosystem integrity in a manner that impairs the ability of affected populations to replace themselves and that degrades the long-term natural productivity of habitats, or causes on more than a temporary basis significant loss of species richness, habitat or community types; (8) ‘bottom gears’ means gears deployed in the normal course of fishing operations in contact with the seabed, including bottom trawls, dredges, bottom-set gill nets, bottom-set longlines, pots and traps; (9) ‘VME encounter’ means an encounter by a vessel with VME indicator organisms occurring above the threshold level of a catch per set of more than 100 kg of live coral and/or 1 000 kg of live sponge (10) ‘VME indicator organisms’ means corals and sponges; (11) ‘Indicator species of coral’ means antipatharians, gorgonians, cerianthid anemone fields, lophelia, or sea pen fields.
Identification of existing bottom fishing areas
Member States with vessels involved in bottom fishing activities in the period of 1987-2007 in the SEAFO Convention Area shall submit comprehensive maps of existing fishing areas to the Commission by 1 April 2009. The Commission shall forward these maps to the Executive Secretary of SEAFO without delay. Maps shall be based on VMS data and/or other available geo-reference data and expressed in the most precise spatial and temporal resolution as possible.
Bottom fishing activities in new bottom fishing areas
1. As from 1 November 2009, all exploratory fisheries or fishing activities with bottom gear not previously used in the existing fishing area concerned shall be conducted in accordance with the requirements set out in an Exploratory Bottom Fisheries Protocol. 2. The Exploratory Bottom Fisheries Protocol referred to in paragraph 1 shall be developed by each Member State concerned and include the following: (a) a harvesting plan which outlines target species, dates and areas. Area and effort restrictions shall be considered to ensure fisheries occur on a gradual basis in a limited geographical area; (b) where possible, an initial assessment of the known and anticipated impacts of its bottom fishing activities on Vulnerable Marine Ecosystems; (c) a mitigation plan including measures to prevent significant adverse impact to Vulnerable Marine Ecosystems that may be encountered during the fishery; (d) a catch monitoring plan that includes recording/reporting of all species caught. The recording/reporting of catch shall be sufficiently detailed to conduct an assessment of activity, if required; (e) a data collection plan to facilitate the identification of Vulnerable Marine Ecosystems/species in the area fished. 3. As from the date referred to in paragraph 1, exploratory fisheries or fishing activities with bottom gear not previously used in the existing fishing area shall not commence until the information outlined in paragraph 2 has been provided by the Member States to the SEAFO Executive Secretary via the Commission. 4. Member States shall provide a report of the results of bottom fishing activities to the SEAFO Secretary via the Commission.
Assessment of bottom fishing activities in new and existing areas
1. Member States whose vessels conduct or intend to conduct bottom fishing activities in the SEAFO Regulatory Area shall carry out an assessment of the known and anticipated impacts of those activities on Vulnerable Marine Ecosystems. Such an assessment shall aim at determining if such activities, taking account of the history of bottom fishing activities in the SEAFO Regulatory Area, would have a significant adverse impact on Vulnerable Marine Ecosystems. 2. For the purposes of the implementation of the assessment referred to in paragraph 1, Member States shall rely on the best scientific and technical information available concerning the location of Vulnerable Marine Ecosystems in the areas in which their fishing vessels intend to operate. That information shall include, where available, scientific data on the basis of which the likelihood of occurrence of such ecosystems can be estimated. 3. Member States shall submit their assessment referred to in paragraphs 1 and 2 to the Commission and SEAFO Secretariat as soon as possible but not later than 1 September 2009. This submission shall also include a description of the mitigation measures intended to prevent significant adverse impacts on Vulnerable Marine Ecosystems and be carried out in accordance with guidance developed by the SEAFO Scientific Committee, as available.
Scientific Observers
1. In addition to the requirement set out in Article 70, Member States shall ensure that vessels flying their flag and conducting exploratory fisheries in accordance with Article 74 have a scientific observer on board. Observers shall collect data in accordance with a Vulnerable Marine Ecosystem Data Collection Protocol. 2. The Observers collecting data in accordance with the Vulnerable Marine Ecosystem Data Collection Protocol referred to in paragraph 1 shall: (a) monitor any set for evidence of VMEs and the presence of vulnerable marine species; (b) record the following information for identification of VMEs: vessel name, gear type, date, position (latitude/longitude), depth, species code, trip-number, set-number, and name of the observer on datasheets; (c) collect representative biological samples from the entire catch. Biological samples shall be collected and frozen when requested by the scientific authority in a flag Member State or by the Commission; (d) transmit samples to the scientific authority of a flag Member State at the end of the fishing trip.
VME encounters
1. Vessels flying Community flag conducting bottom fishing activities within the SEAFO Regulatory Area shall comply with the following: (a) where a VME encounter is suspected based on the available information, in particular where significant quantities of VME indicator organisms are present in the catch, the vessels shall quantify catch of VME indicator organisms. Observers deployed in accordance with Article 74 shall identify corals, sponges and any other VME organisms to the lowest possible taxonomical level and apply the Exploratory Bottom Fisheries Protocol as provided for in Article 74(2) and SEAFO catch sampling forms. Observers shall submit SEAFO trip summary reports to flag Member States which without delay shall forward the information to the SEAFO Secretariat via the Commission; (b) where a VME encounter is confirmed, on the basis of measures taken under point (a), the vessel master shall: (i) report the incident to the flag Member State, which without delay shall forward the information to the Commission and the SEAFO Executive Secretary. The Commission shall immediately request Member States to alert all Community vessels authorised to operate in the SEAFO Regulatory Area, (ii) cease fishing, haul the gear, and move away at least two nautical miles from the endpoint of the tow/set in the direction least likely to result in further encounters based on all available sources of information. Any further tows or sets shall be parallel to the tow/set when the encounter was made. 2. The Commission shall, in case a confirmed VME encounter takes place in new fishing areas, upon a notification from the SEAFO Executive Secretary, implement an interim closure of two miles radius around the reporting position referred to in paragraph 1(b). The reporting position is that provided by the vessel, either the endpoint of the tow/set or another position that the evidence suggests is closest to the exact encounter location. This temporary closure shall apply until such time when the SEAFO Secretariat advises that the area can be reopened.
Reduction of sea-birds by-catch
1. Member States shall collect and provide all available information to the IOTC, with copy to the Commission, on interactions with seabirds, including incidental catches by their fishing vessels. 2. Member States shall seek to achieve reductions in levels of seabird by catch across all fishing areas, seasons, and fisheries through the use of effective mitigation measures. 3. Community vessels fishing south of 30 o S shall carry and use bird-scaring lines (tori poles) according to following technical provisions: (a) tori poles shall be in accordance with agreed tori pole design and deployment guidelines adopted by IOTC; (b) tori lines are to be deployed prior to longlines entering the water at all times south of 30 o S; (c) where practical, vessels shall 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. 4. Community surface longline vessels, whilst targeting swordfish, utilising the ‘American longline system’ and equipped with a line-throwing device, shall be exempted from the requirements of paragraph 3.
Limitation of fishing capacity of vessels fishing for tropical tunas
1. The maximum number of Community vessels fishing for tropical tunas in the IOTC Area, and the corresponding capacity in gross tonnage (GT), shall be as follows: Member State Maximum number of vessels Capacity (GT) Spain 22 61 400 France 21 31 467 Italy 1 2 137 2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved. 3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred. 4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for swordfish and albacore in the IOTC Area. 5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.
Limitation of fishing capacity of vessels fishing for swordfish and albacore
1. The maximum number of Community vessels fishing for swordfish and albacore in the IOTC Area, and the corresponding capacity in GT, shall be as follows: Member State Maximum number of vessels Capacity (GT) Spain 27 11 600 France 25 1 940 Portugal 26 10 100 United Kingdom 4 1 400 2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved. 3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred. 4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for tropical tunas in the IOTC Area. 5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.
Pelagic fisheries — Capacity limitation
1. Member States actively exercising fisheries activities in 2008 shall limit the total level of GT of vessels flying their flag and fishing for pelagic stocks in 2009 to the levels of total 63 000 GT in the SPFO area in a manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured. 2. Member States with a catch history in the pelagic fisheries in the South Pacific, but not exercising their fisheries activities in 2008, may enter the fishery in the SPFO in 2009 provided that they exercise voluntary restraint of fishing effort. 3. Member States shall notify the Commission on a monthly basis of the names and characteristics, including GT, of their vessels engaged in the fishery in the SPFO area. 4. Member States shall notify the Commission on a monthly basis of the effective presence of their vessels in the SPFO area in 2009. VMS records plus catch reports, and, where available, port calls shall serve as means of notification. 5. Member States shall submit for review to the Interim Science Working Group of the SPFO any stock assessments and research in respect of pelagic stocks in the SPFO area and shall promote the active participation of their scientific experts in the SPFO scientific works on pelagic species. 6. Member States shall ensure as much as possible an appropriate level of observer coverage on fishing vessels flying their flag in order to observe the pelagic fisheries in the South Pacific and collect relevant scientific information.
Bottom fisheries
1. Member States shall limit bottom fishing effort or catch in the SPFO area to the average annual levels over the period 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort, and fishing capacity. 2. Member States shall not expand bottom fishing activities into new regions of the SPFO area where such fishing is not currently occurring. 3. Community vessels shall cease bottom fishing activities within five nautical miles of any site in the SPFO area where, in the course of fishing operations, evidence of vulnerable marine ecosystems is encountered. Community vessels shall report the encounter, including the location, and the type of ecosystem in question, to the authorities of their flag State, to the Commission and to the SPFO Interim Secretariat so that appropriate measures can be adopted in respect of the relevant site. 4. Member States shall appoint observers to each vessel flying their flag and undertaking or proposing to undertake bottom trawling activities in the SPFO area and ensure an appropriate level of observer coverage on vessels flying their flag and undertaking other bottom fishing activities in the SPFO area.
Data collection and sharing
Member States shall collect, verify and provide data in accordance with the procedures outlined in the SPFO Standards for the collection, reporting, verification and exchange of data.
Fishing effort limitations
Member States shall ensure that the total fishing effort for bigeye tuna, yellowfin tuna, skipjack tuna and south pacific albacore in the WCPFC Area is limited to the fishing effort provided for in fisheries partnership agreements between the Community and coastal States in the region.
Closed area for FAD fishing
1. In the part of the WCPFC Area located between 20 o N and 20 o S, fishing activities of purse seine vessels making use of FADs shall be prohibited between 00:00 hours on 1 August 2009 and 24:00 hours on 30 September 2009. During this period, a purse seine vessel may only engage in fishing operations within that part of the WCPFC Area, if it carries onboard an observer to monitor that at no time does the vessel: — deploy or service a FAD or associated electronic device, — fish on schools in association with FADs. 2. All purse seine vessels fishing in the part of the WCPFC Area referred to in the first sentence of paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna. 3. Paragraph 2 shall not apply in the following cases: — in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish, — when the fish is unfit for human consumption for reasons other than those connected with size, or — when a serious malfunction of freezer equipment occurs.
Management plans for the use of FADs
1. Member States whose vessels are authorised to fish in the WCPFC Area shall develop management plans for the use of anchored or drifting FADs. Those management plans shall include strategies to limit the interaction with juvenile bigeye and yellowfin tuna. 2. Management plans referred to in paragraph 1 shall be submitted to the Commission not later than 15 October 2009. The Commission shall compile those management plans and submit a Community management plan to the WCPFC Secretariat not later than 31 December 2009.
Maximum number of vessels fishing for swordfish
1. The number of Community vessels fishing for swordfish in areas south of 20 o S of the WCPFC Area shall not exceed 14 vessels. Community participation shall be limited to vessels flying the flag of Spain. 2. The total catch limit for swordfish in the area referred to in paragraph 1 shall be 3 107 tonnes.
Reduction of sea-birds by-catch
1. Member States shall collect all available information on interactions with seabirds, including incidental catches by their fishing vessels and shall transmit that information to the ICCAT Secretariat and the Commission. 2. Member States shall seek to achieve reductions in levels of seabird by catch across all fishing areas, seasons, and fisheries through the use of effective mitigation measures. 3. Community vessels fishing south of 20 o S shall carry and use bird-scaring lines (tori poles) according to following technical provisions: (a) tori poles shall meet the conditions on the tori pole design and be in accordance with the deployment guidelines adopted by ICCAT; (b) tori lines are to be deployed prior to longlines entering the water at all times south of 20 o S; (c) where practical vessels shall 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. 4. By way of derogation from paragraph 3, Community longline vessels targeting swordfish may use monofilament longline gear, provided that these vessels: (a) set their longlines during the period between nautical dusk/dawn as laid down in the nautical dusk/dawn almanac for the geographical position fished; (b) use a minimum swivel weight of 60 g placed not more than 3 m from the hook to achieve optimum sink rates.
Establishment of a closed area/fishing season of the swordfish fisheries in Mediterranean Sea
In order to protect the swordfish, in particular small fish, fishing for swordfish in Mediterranean Sea shall be prohibited from 1 October to 30 November 2009.
Minimum size for Atlantic swordfish
Incidental captures of Atlantic swordfish, which is regarded as undersized in accordance with Article 8(1) of Regulation (EC) No 520/2007, are tolerated if these incidental captures do not exceed 15 %, expressed in numbers of individuals per landing, of the total swordfish catch of the concerned vessel.
Sharks
1. Member States shall take appropriate measures to reduce fishing mortality in fisheries targeting North Atlantic shortfin mako. 2. Community vessels fishing shall promptly release alive and unharmed bigeye thresher sharks ( Alopias superciliosus ) caught in association with fisheries managed by ICCAT, when brought along side for taking on board the vessel. Incidental catches and live releases shall be recorded in the logbook.
Closed fishing season for bluefin tuna
1. Bluefin tuna fishing in the Eastern Atlantic and Mediterranean shall be prohibited for large-scale pelagic longline vessels with overall length over 24 meters during the period from 1 June to 31 December. By way of derogation from the first subparagraph, in the area delimited by west of 10 o W and north of 42 o N, such fishing shall be prohibited for such vessels from 1 February to 31 July. 2. Purse seine fishing for bluefin tuna in the Eastern Atlantic and Mediterranean shall be prohibited during the period from 15 June to 15 April. 3. Bluefin tuna fishing by bait boats and trolling boats in the Eastern Atlantic shall be prohibited during the period from 15 October to 15 June. 4. Bluefin tuna fishing by pelagic trawlers in the Eastern Atlantic shall be prohibited during the period from 15 October to 15 June. 5. Bluefin tuna recreational and sport fishing in the Eastern Atlantic and Mediterranean shall be prohibited from 15 October to 15 June.
Recreational and sport fisheries for bluefin tuna
Member States shall allocate, from their quotas allocated in Annex ID, a specific quota of bluefin tuna for recreational and sport 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 XV.
Prohibition to fish in the High Seas of the Bering Sea
Fishing for Pollock ( Theragra chalcogramma ) in the High Seas of the Bering Sea shall be prohibited.
Data transmission
When, pursuant to Articles 15(1) and 18(1) of Regulation (EEC) No 2847/93, Member States send the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I 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 2009. Where the TACs of the CCAMLR area are set for periods starting before 1 January 2009, Article 40 shall apply with effect from the beginning of the respective periods of application of the TACs.
CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD-COUNTRIES' FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)
ANNEX I CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD-COUNTRIES' 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 (EEC) 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 Ammodytes spp. SAN Sandeels Anarhichas lupus CAA Atlantic catfish Anarhichas spp. CAT Catfishes 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 dypterygia 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 FLE 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 Radjiformes — Rajidae SRX-RAJ Skates and rays Reinhardtius hippoglossoides GHL Greenland halibut Salmo salar SAL Atlantic salmon Scomber scombrus MAC Mackerel Scophthalmus 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 maccoyii SBF Southern Bluefin 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 CAA 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 dypterygia Blue marlin BUM Makaira nigricans Blue whiting WHB Micromesistius poutassou Bluefin tuna BFT Thunnus thynnus Brill BLL Scophthalmus rhombus Capelin CAP Mallotus villosus Catfishes CAT Anarhichas spp. Cod COD Gadus morhua Common sole SOL Solea solea Crab PAI Paralomis spp. Dab DAB Limanda limanda Flatfish FLX Pleuronectiformes Flounder FLE 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 Sandeels SAN Ammodytes spp. Short fin squid SQI Illex illecebrosus Skates and rays SRX-RAJ Radjiformes — Rajidae Smooth lantern shark ETP Etmopterus pusillus Snow crab PCR Chionoecetes spp. Sole SOX Solea spp. Southern Bluefin Tuna SBF Thunnus maccoyii 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 II
TRANSITIONAL TECHNICAL AND CONTROL MEASURES
ANNEX III TRANSITIONAL TECHNICAL AND CONTROL MEASURES Part A North Atlantic including the North Sea, Skagerrak and Kattegat 1. 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. 2. 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. 3. Electric fishing in ices zones IVc and IVb 3.1. 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. 3.2. The following measures shall apply in 2009: (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 authorised 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. 4. Closure of an area for sandeel fisheries in ices zone IV 4.1. 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 2 o 00'W, — the east coast of Scotland at longitude 2 o 00'W. 4.2. Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure. 5. 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 However, in the part of the areas defined in this point which overlaps with the area defined as North West Rockall in point 15.1 the derogation as regards longlines shall not apply. 5a. Cod selectivity in the North Sea and Skagerrak 5a.1. Member States shall take measures to distribute along the year 2009, the use of cod quotas by vessels flying their flag, operating in the North Sea and Skagerrak and using bottom trawls, Danish seines and similar towed gear, with the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points 5a.2 to 5a.6. 5a.2. Member States shall adapt the use of the gears mentioned in point 5a.1 in respect of the utilisation of its cod quota. For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of 2009, and communicate these to the Commission by 1 February 2009. 5a.3. If, at the end of any of the first three quarters of 2009, the utilisation of the cod quota is more than 10 % above the target quantity, the Member State concerned shall put in place measures to ensure that its vessels referred to in point 5a.1 apply technical changes to their fishing gears deployed which allow for a reduction in cod by-catches to such an extent as sufficient to meet the target for the utilisation of the quota at the end of the following quarter. 5a.4. Within one month from the end of the quarter in which the target quantity has been exceeded, Member States shall inform the Commission of the measures referred to in point 5a.3, outlining the technical changes that are to be introduced to the gears and the vessels that will be affected, together with supporting evidence of the likely effect on catch rates of cod. 5a.5. Where the cod quota of a Member State has been utilised up to a level of 90 % at any time before 15 November 2009, it shall be obligatory for all vessels of that Member State referred to in point 5a.1 using gears with a mesh size of 80 mm or greater, with the exception of vessels using Danish seines to use for the remainder of the year the fishing gear described in Appendix 4 to this Annex or any other gear the technical attributes of which result in similar catch rates of cod, as confirmed by STECF, or, for vessels targeting Norway lobster, a sorting grid as described in Appendix 3 to this Annex or any other gear with a proven equivalent escapement capability. 5a.6. Notwithstanding point 5a.5, Member States may also apply the measures referred to in that point to individual vessels or to groups of vessels that, at any time before 15 November 2009, have used 90 % of the part of the national cod quota that was made available to them in accordance with the national method of allocating fishing opportunities. 5a.7. Notwithstanding point 5a.3 and 5a.5, Member States may also apply the measures referred to in those points with respect to individual vessels or to groups of vessels to which part of the national cod quota has been made available in accordance with the national method of allocating fishing opportunities. 5b. Prohibition of high grading in the North Sea and Skagerrak 5b.1. Any species subject to quota caught during fishing operations in the North Sea and Skagerrak shall be brought aboard the vessel and subsequently landed unless this would be contrary to obligations provided for in the provisions laid down in Community fisheries legislation establishing technical, control and conservation measures, and in particular the present Regulation and Regulations (EC) No 2371/2002, (EEC) No 2847/93 and (EC) No 850/98 and their implementing rules. 5b.2. Member States shall endeavour to take similar measures to those referred in point 5b.1 in the Eastern Channel. 5c. Real time closures in the North Sea, Skagerrak and Eastern Channel 5c.1. Without prejudice to the possibility to take emergency measures in accordance with Article 8 of Regulation (EC) No 2371/2002, Member States may, where there is evidence of a serious threat to the conservation of certain species or fishing grounds in the North Sea, Skagerrak and Eastern Channel, including where it is important to avoid high concentrations of a threatened species, and where any undue delay would result in damage to the concerned species or fishing ground which would be difficult to repair, take conservation measures more stringent than those laid down in Community legislation in respect of the waters under its sovereignty or jurisdiction. 5c.2. The measures referred to in point 5c.1: — shall be non-discriminatory, — may only apply to fishing vessels that are equipped to catch the species concerned and/or which have an authorisation to fish on the fishing grounds concerned, and — have a maximum duration of 21 days after which they shall automatically cease to apply. The geographical extent of the affected fishing grounds shall be clearly defined. 5c.3. Member States shall inform the Commission, the other Member States and the Regional Advisory Council concerned without delay of the measures adopted under point 5c.1, by sending a copy of those measures together with an explanatory memorandum. The measures shall only be applicable if sufficient justification is provided in the explanatory memorandum showing that all conditions of point 5c.1 are fulfilled. In the absence of such justification the Commission may at any time request the Member State to cancel or amend the measure with immediate effect. 5d. Cod selectivity in Eastern Channel 5d.1. Member States shall take measures to distribute along the year 2009, the use of cod quotas by vessels flying their flag, operating in the Eastern Channel and using bottom trawls, Danish seines and similar towed gear, with the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points 5d.2 to 5d.4 below. 5d.2. Member States shall adapt the use of the gears mentioned in point 5d.1 in respect of the utilisation of its cod quota. For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of 2009, and communicate these to the Commission by 1 February 2009. 5d.3. If, at the end of any of the second and third quarters of 2009, the utilisation of the cod quota is more than 10 % above the target quantity, the Member State concerned shall put in place measures, including real time closures, to ensure that the vessels referred to in point 5d.1 flying their flag avoid cod by-catches and target non quota species, to such an extent as sufficient to meet the target for the utilisation of the cod quota at the end of the following quarter. 5d.4. On request from the Commission, Member States shall inform the Commission of the measures referred to in point 5d.3. 6. Restrictions on fishing for cod, haddock and whiting in ICES zones VI and restriction on fishing for cod in ICES zone VII This point shall apply to vessels of more than 15 metres overall length from the date of application of this Regulation and for other vessels from 1 April 2009. 6.1. ICES zone VIa (i) Until 31 December 2009 it shall be prohibited to conduct any fishing activity at any location within that part of ICES Division VIa that lies to the east or to the south of those rhumb lines which sequentially join the following coordinates: 54 o 30'N, 10 o 35'W 55 o 20'N, 9 o 50'W 55 o 30'N, 9 o 20'W 56 o 40'N, 8 o 55'W 57 o 0'N, 9 o 0'W 57 o 20'N, 9 o 20'W 57 o 50'N, 9 o 20'W 58 o 10'N, 9 o 0'W 58 o 40'N, 7 o 40'W 59 o 0'N, 7 o 30'W 59 o 20'N, 6 o 30'W 59 o 40'N, 6 o 5'W 59 o 40'N, 5 o 30'W 60 o 0'N, 4 o 50'W 60 o 15'N, 4 o 0'W; (ii) Until 31 December 2009, any fishing vessel present at any location within the area referred to in point (i) shall ensure that any fishing gears carried on board are lashed and stowed in accordance with Article 20(1) of Regulation (EEC) No 2847/93. 6.2. ICES zones VII f and g From 1 February 2009 until 31 March 2009, it shall be prohibited to conduct any fishing activity in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within six nautical miles from the baseline. 6.3. By way of derogation from points 6.1 and 6.2 it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that: (i) no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, pots and creels are carried on board or deployed; and (ii) no fish other than salmon, shellfish and crustacea are retained on board, landed or brought ashore. 6.4. By way of derogation from points 6.1 and 6.2, 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. 6.5. By way of derogation from point 6.1, it shall be permitted to fish for nephrops provided that: (i) the fishing gear used incorporates a sorting grid in accordance with points (b), (c), (d) and (e) from Appendix 2 to this Annex or a square-mesh panel as described in Appendix 5 to this Annex; (ii) no less than 30 % of the retained catch by weight is comprised of nephrops; (iii) no more than 10 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or whiting; and (iv) the fishing gear is constructed with a minimum mesh-size of 80 mm. This derogation shall not apply within the area 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. 6.6. By way of derogation from point 6.1, it shall be permitted to fish with trawls, demersal seines or similar gears provided that: (i) all nets on board the vessel are constructed with a minimum mesh-size of 120 mm for vessels more than 15 metres overall length and of 110 mm for all other vessels; (ii) no more than 30 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or whiting; (iii) where the catch retained on board comprises less than 90 % saithe the fishing gear used incorporates a square-mesh panel as described in Appendix 5 to this Annex, and; (iv) where the overall length of the vessel is less than or equal to 15 metres, regardless of the quantity of saithe catches retained on board, the fishing gear used incorporates a square-mesh panel as described in Appendix 6 to this Annex. 6.7. Observer coverage in ICES zone VIa Each Member State concerned shall establish an onboard observer programme in 2009 in order to sample the catches and discards of vessels benefiting from the derogations provided for in points 6.5 and 6.6. The observer programmes shall be carried out without prejudice to the obligations under Regulation (EC) No 665/2008 and shall aim at estimating cod, haddock and whiting catches and discards with an accuracy of no less than 20 %. Member States concerned shall submit to the Commission a preliminary report on the total amount of catches and discards of vessels subject to the observer programme no later than 30 June 2009. A final report concerning 2009 shall be submitted by 1 February 2010 at the latest. 6.8. Experiments to reduce catches of whitefish when fishing for nephrops In the area referred in point 6.1 Member States concerned shall, with the aim to identify fishing methods for nephrops that have the lowest impact on whitefish, undertake in 2009 trials and experiments when fishing for nephrops: — on a sorting grid in accordance with Appendix 2 to this Annex, and — on a square mesh window in accordance with points 1 and 3 of Appendix 5 inserted into the top panel of the codend and terminating no more than 6 m from the codline. Member States concerned shall submit the results of the trials and experiments to the Commission no later than 30 September 2009. 7. Special rules for the protection of blue ling in Zone VIa 7.1. In the period from 1 March to 31 May 2009 the special conditions as laid down in this point shall apply in the areas of Zone VIa delimited by rhumb lines sequentially joining the following coordinates: (i) Edge of Scottish continental shelf — 59 o 58 N, 07 o 00 W — 59 o 55 N, 06 o 47 W — 59 o 51 N, 06 o 28 W — 59 o 45 N, 06 o 38 W — 59 o 27 N, 06 o 42 W — 59 o 22 N, 06 o 47 W — 59 o 15 N, 07 o 15 W — 59 o 07 N, 07 o 31 W — 58 o 52 N, 07 o 44 W — 58 o 44 N, 08 o 11 W — 58 o 43 N, 08 o 27 W — 58 o 28 N, 09 o 16 W — 58 o 15 N, 09 o 32 W — 58 o 15 N, 9 o 45 W — 58 o 30 N, 9 o 45 W — 59 o 30 N, 7 o 00 W; (ii) Edge of Rosemary bank — 60 o 00 N, 11 o 00 W — 59 o 00 N, 11 o 00 W — 59 o 00 N, 09 o 00 W — 59 o 30 N, 09 o 00 W — 59 o 30 N, 10 o 00 W — 60 00 N, 10 o 00 W — Not including the area delimited by rhumb lines sequentially joining the following coordinates: — 59 o 15 N, 10 o 24 W — 59 o 10 N, 10 o 22 W — 59 o 08 N, 10 o 07 W — 59 o 11 N, 09 o 59 W — 59 o 15 N, 09 o 58 W — 59 o 22 N, 10 o 02 W — 59 o 23 N, 10 o 11 W — 59 o 20 N, 10 o 19 W; 7.2. When entering the area set out in point 7.1, the master of a fishing vessel shall record the date, time and place of entry in the logbook. 7.3. When exiting the area set out in point 7.1, the master of a fishing vessel shall record the date, time and place of entry in the logbook. 7.4. In either of the two areas set out in point 7.1 it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip. If a vessel reaches this quantity the vessel: (a) shall immediately cease fishing and exit the area in which it is present; (b) may not re-enter either of the areas until its catch has been landed; (c) may not return to the sea any quantity of blue ling. 7.5. The observers referred to in Article 8 of Regulation (EC) No 2347/2002 assigned to fishing vessels present in one the areas referred to in point 7.1 shall, in addition to their task in accordance with that Article, for appropriate samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of subsampled fish. Member States shall establish detailed sampling protocols and collation of results after consultation of STECF. 8. Technical conservation measures in the Irish Sea 8.1. In the period from 14 February 2009 to 30 April 2009 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, — 53 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)(i) to (iv); and (ii) are constructed in conformity with the technical details provided in the Annex 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 (ICES division VIIa) ( 1 ) . 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 Regulation (EC) No 254/2002 shall apply. 9. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k, VIII, IX, X and XII 9.1. For the purposes of this point, 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 gilling, entangling or enmeshing. 9.2. For the purposes of this point, 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 IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27 o W, and as from 1 October 2009 in ICES zones VIII, IX, X. 9.4. By way of derogation from point 9.3 it shall be permitted to use the following gear: (a) Gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII east of 27 o W with a mesh size equal to or greater than 120 mm and less than 150 mm, gillnets in ICES Zones VIIIa, b, d and X with a mesh size equal to or greater than 100 mm and less than 130 mm and gillnets in ICES Zones VIIIc and IX with a mesh size equal to or greater than 80 mm and less than 110 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 five nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The maximum soak time shall be 24 hours; or (b) Entangling nets with a mesh size equal to or greater than 250 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 15 meshes deep, have a hanging ratio of not less than 0,33, and are not rigged with floats or other means of 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; (c) Gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and XII East of 27 o W with a mesh size equal to or greater than 100 mm and less than 130 mm, provided that: — they are deployed in waters of more than 200 meters charted depth and less than 600 meters charted depth, — are no more than 100 meshes deep, have a hanging ratio of not less than 0,5, — are rigged with floats or equivalent floatation, — the nets shall each be of a maximum of four nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 20 km per vessel, — the maximum soak time shall be 24 hours, — no less than 85 % of the retained catch by weight is comprised of hake, — the number of vessels participating in the fishery shall not increase above the level recorded in 2008, — the master of the vessel participating in this fishery shall record in the log-book, prior to leaving port, the quantity and total length of gear carried on board the vessel. A minimum of 15 % of departures shall be subject to inspection, — the master of the vessel must have on board 90 % of the gear as verified in the Community logbook for that trip at the time of landing, and — the quantity of all species caught greater than 50 kg, including all quantities discarded greater than 50 kg, must be recorded in the Community logbook. However, this derogation shall not apply in the NEAFC Regulatory Area. 9.5. Only one of the types of gear described in points 9.4(a) and 9.4(b) shall be carried aboard the vessel at any one time. To allow for the replacement of lost or damaged gear, vessels may carry on board nets with a total length 20 % greater than the maximum length of the fleets that may be deployed at any one time. All gear shall be marked in accordance with Commission Regulation (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls ( 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 IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27 o W, and as from 1 October 2009 in ICES Zones VIII, IX, X, 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. With regard to vessel benefiting from the derogation referred to in point 9.4(c) a minimum of 15 % of departures shall be subject to inspection. 9.8. The naval services or other competent authorities shall have the right to remove unattended gear at sea in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27 o W, and as from 1 October 2009 in ICES Zones VIII, IX, X, in the following situations: (a) the gear is not properly marked; (b) the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours; (c) the gear is deployed in waters with a charted depth greater than that permitted; (d) the gear is of an illegal mesh size. 9.9. The master of a vessel with a fixed net permit referred to in point 9.6 shall be recorded 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. 9.12. The Commission may decide, after consultation of the STECF, to exclude certain fisheries, in ICES Zones VIII, IX, X, from application of points 9.1 to 9.11, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards. 10. Reduction of whiting discards in the North Sea 10.1. In the North Sea, Member States shall undertake in 2009 trials and experiments as necessary on technical adaptations of the trawls, Danish seines or similar gears with a mesh size equal to or greater than 80 mm and less than 90 mm in order to reduce the discards of whiting by at least 30 %. 10.2. Member States shall make the results of the trials and experiments laid down in point 10.1 available to the Commission no later than 31 August 2009. 10.3. The Council shall, on the basis of a proposal from the Commission, decide on appropriate technical adaptations to reduce discards of whiting in conformity with the objective laid down in point 10.1. 11. Reduction of cod discards in the North Sea 11.1. Member States which hold a cod quota shall undertake trials in 2009 on technical measures for towed gears to reduce the proportion, in number of cod that is discarded to no more than 10 %. 11.2. Member States shall make the results of the trials laid down in point 11.1 available to the Commission before 31 December 2009. 12. Condition for fisheries with certain towed gears authorised in the Bay of Biscay. 12.1. 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. 12.2. When fishing in zone VIII a and b it shall be permitted to use a selective grid and its attachments in front of the codend and/or a square mesh panel with a mesh size equal or more than 60 mm in the lower part of the extension piece in front of the codend. The provisions laid down in Articles 4(1), 6 and 9(1) of Regulation (EC) No 850/98 and in Article 3(a) and (b) of Regulation (EC) No 494/2002 shall not apply as regards the section of the trawl where those selective devices are inserted. 13. Restrictions on fishing for roundnose grenadier in ICES zone IIIa Notwithstanding Regulation (EC) No 1359/2008, no directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Community and Norway. 14. Fishing effort for deep sea species By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2009: 14.1. 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. 14.2. 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. 15. Interim measures for the protection of vulnerable deep-sea habitats 15.1. 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 22' W — 58 o 03' N, 18 o 22' W — 58 o 03' N, 17 o 30' W — 57 o 55' N, 17 o 30' W — 57 o 45' N, 19 o 15' 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 — 56 o 56' N, 14 o 36' W — 56 o 56' N, 14 o 51' W; South-West Rockall (Empress of Britain Bank): — 56 o 24' N, 15 o 37' W — 56 o 21' N, 14 o 58' W — 56 o 04' N, 15 o 10' W — 55 o 51' N, 15 o 37' W — 56 o 10' N, 15 o 52' W; Logachev Mound: — 55 o 17' N 16 o 10' W — 55 o 33' N 16 o 16' W — 55 o 50' N 15 o 15' W — 55 o 58' N 15 o 05' W — 55 o 54' N 14 o 55' W — 55 o 45' N 15 o 12' W — 55 o 34' N 15 o 07' 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. 15.2. 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: Belgica Mound Province: — 51 o 29,4' N; 11 o 51,6' W — 51 o 32,4' N; 11 o 41,4' W — 51 o 15,6' N; 11 o 33' W — 51 o 13,8' N; 11 o 44,4' W; Hovland Mound Province: — 52 o 16,2' N; 13 o 12,6' W — 52 o 24' N; 12 o 58,2' W — 52 o 16,8' N; 12 o 54' W — 52 o 16,8' N; 12 o 29,4' W — 52 o 4,2' N; 12 o 29,4' W — 52 o 4,2' N; 12 o 52,8' W — 52 o 9' N; 12 o 56,4' W — 52 o 9' N; 13 o 10,8' W; North-West Porcupine Bank Area I: — 53 o 30,6' N; 14 o 32,4' W — 53 o 35,4' N; 14 o 27,6' W — 53 o 40,8' N; 14 o 15,6' W — 53 o 34,2' N; 14 o 11,4' W — 53 o 31,8' N; 14 o 14,4' W — 53 o 24' N; 14 o 28,8' W; North-West Porcupine Bank Area II: — 53 o 43,2' N; 14 o 10,8' W — 53 o 51,6' N; 13 o 53,4' W — 53 o 45,6' N; 13 o 49,8' W — 53 o 36,6' N; 14 o 7,2' W; South-West Porcupine Bank: — 51 o 54,6' N; 15 o 7,2' W — 51 o 54,6' N; 14 o 55,2' W — 51 o 42' N; 14 o 55,2' W — 51 o 42' N; 15 o 10,2' W — 51 o 49,2' N; 15 o 6' W. 15.3. All Pelagic Vessels fishing in the protected areas for corals set out in point 15.2 must be on an authorised list of vessels and be issued with a special fishing permit which must be held onboard. Such permits shall include all information required in Regulation (EC) No 1627/94 and must be notified following the rules defined in Regulation (EC) No 2943/95 setting out detailed rules for applying Regulation (EC) No 1627/94. Vessels included in the authorised list shall carry on board exclusively pelagic gear. 15.4. Pelagic vessels intending to fish in a protected area for corals as set out in point 15.2 must give four hours advance notification of their intention to enter a protected area for corals to the Irish FMC. They shall at the same time notify quantities retained on board. 15.5. Pelagic vessels fishing in a protected area for corals as set out in point 15.2 must have an operational, fully functioning secure VMS which complies fully with Regulation (EC) No 2244/2003 when in a protected area for corals. 15.6. Pelagic vessels fishing in a protected area for corals as set out in point 15.2 must make VMS reports every hour. 15.7. Pelagic vessels who have concluded fishing in a protected area for corals as set out in point 15.2 must inform the Irish FMC on departure from the area. They shall at the same time notify quantities retained on board. 15.8. Fishing for pelagic species in a protected area for corals as set out in point 15.2 is restricted to having onboard or fishing with nets with a mesh size in the range of 16 mm to 31 mm or 32 mm to 54 mm. 15.9 It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: El Cachucho: — 44 o 12.00' N, 5 o 16.00' W — 44 o 12.00' N, 4 o 26.00' W — 43 o 53.00' N, 4 o 26.00' W — 43 o 53.00' N, 5 o 16.00' W By way of derogation from the prohibition set out in the first paragraph, vessels having conducted fisheries with bottom set long-lines in 2006, 2007 and 2008 targeting greater forkbeard ( Phycis blennoides ) may obtain from their fishing authorities a special fishing permit allowing them to continue conducting that fishery in the area south of 44 o 00.00' N. All vessels having obtained this special fishing permit shall, independently from their overall length, have in use an operational, fully functioning secure VMS which complies with Regulation (EC) No 2244/2003, when conducting fisheries in the area of El Cachucho. 16. Minimum size of Short-necked clam By way of derogation from Article 17 of Regulation (EC) No 850/98, the minimum size for short-necked clam ( Ruditapes philippinarum ) shall be 35 mm. 17. Condition for certain creel fisheries in zone IXa (West Galicia) By way of derogation from the prohibition laid down in Article 29b(1) of Regulation (EC) No 850/98, fishing with creels that do not catch Norway lobster shall be authorised in the geographical areas and during the period set out in Article 29b(1)(a) of Regulation (EC) No 850/98. 18. Conditions for fishing for herring in zone VIa (Butt of Lewis) The provisions laid down in Article 20(1)(d) of Regulation (EC) No 850/98 shall not apply in 2009. PART B All EC waters 19. Conditions regarding the release of common skate, undulate ray, white skate and angel shark Common skate in EC waters of IIa, III, IV, VI, VII, VIII, IX and X, Undulate ray and White skate EC waters of VI, VII, VIII, IX and X and Angel shark in all EC waters may not be retained on board. Catches of these species shall be promptly released unharmed to the extent practicable. Catches of Spurdog taken in absence of a quota or once the quota has been exhausted shall be promptly released unharmed to the extent practicable. Fishers shall be encouraged to develop and use techniques and equipment which, following consultation of STECF, serve to facilitate the rapid and safe release of the species. PART C Eastern Central Atlantic 20. Minimum size for octopus 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 21. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC) 21.1. 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 28 September 2009, or, 10 November 2009 to 31 December 2010 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. 21.2. The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2009. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected. 21.3. 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. 21.4 The fishing by purse seine vessels for bigeye, skipjack and yellowfin tuna shall be prohibited from 29 September to 29 October 2009 in the area defined by the following limits: — longitude 94 o W, — longitude 110 o W, — latitude 3 o N, — latitude 5 o S. PART E Eastern Pacific Ocean and Western and Central Pacific Ocean 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. Fishers 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. PART F North East Atlantic 24. Special measures for the redfish fishery in international waters of ICES zones I and II The following measures shall apply to the fishery for redfish ( Sebastes mentella) in international waters of ICES zones I and II: (a) A directed fishery for redfish is only permitted within the period from 15 August to 15 November 2009 by vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area; (b) The Commission shall inform Member States of the date on which the Secretariat of NEAFC has notified NEAFC Contracting Parties that the TAC has been fully utilised. From this date Member States shall prohibit directed fishery for redfish by vessels flying their flag; (c) By way of derogation from Article 6(1)(b) of Council Regulation (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries ( 4 ) masters of fishing vessels engaged in this fishery shall report their catches on a daily basis; (d) In addition to the provisions of Article 4 of Regulation (EC) No 2791/1999, an authorisation to fish for redfish shall only be valid if the reports transmitted by vessels in accordance with Article 6(1) of Regulation (EC) No 2791/1999 are forwarded to the NEAFC Secretariat in accordance with Article 6(2) of Regulation (EC) No 2791/1999; (e) Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained on board; (f) Member States shall ensure that scientific information is collected by scientific observers on board vessels flying their flag. As a minimum the information collected shall include representative sex, age and length composition data by depths. This information shall be reported to ICES. ( 1 ) OJ L 41, 13.2.2002, p. 1 . ( 2 ) OJ L 56, 2.3.2005, p. 8 . ( 3 ) OJ L 77, 20.3.2002, p. 8 . ( 4 ) OJ L 337, 30.12.1999, p. 1 .
ANNEX IV PART I Quantitative limitations of fishing authorisations for Community vessels fishing in third-country waters Area of fishing Fishery Number of fishing authorisations Allocation of fishing authorisations 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 93 DK: 32, DE: 6, FR: 1, IRL: 9, NL: 11, SW: 12, UK: 21, PL: 1 69 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 53 , FR: 2 53 , NL: 1 53 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 56 , UK: 0 1 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 2 Fisheries for blue whiting. The total number of fishing authorisations 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 61 o N 21 DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW: 3 21 PART II Quantitative limitations of fishing authorisations for third-country fishing vessels in Community waters Flag State Fishery Number of fishing authorisations Maximum number of vessels present at any time Norway Herring, North of 62 o 00'N 20 20 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 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 fishing authorisations 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 and obligation to land at least 75 % of all snapper catches, or 50 % of all shark catches from the vessel concerned in that department so that they may be processed in that undertaking's plant. The contract referred to above must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guyanese economy. A copy of the duly endorsed contract shall be appended to the licence application. Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.
LOGBOOK TO BE KEPT BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS
ANNEX V LOGBOOK TO BE KEPT BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS 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. the 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. the date and time of the transmission; 4.2. the 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 Nbre équipage No in crew Départ de Depart from Date Débarquement à Landed at 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 FRANÇAISE WEST GULLIES 55° 50° 73 74 75 76 77 78 5° 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
INFORMATION TO BE TRANSMITTED TO THE COMMISSION BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS
ANNEX VI INFORMATION TO BE TRANSMITTED TO THE COMMISSION BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS 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@ec.europa.eu) 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 point (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. ( 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. ( 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. ( 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. ( 12 ) Optional if a vessel is subject to satellite tracking. ( 13 ) Optional for the receiving vessel.
ANNEX VII
GFCM Task 1 — Operational Units
ANNEX VIII GFCM Task 1 — Operational Units
ANNEX IX PART I Port State control forms PORT STATE CONTROL FORM — PSC 1 PART A: To be completed by the Master of the Vessel. Please use black ink Name of Vessel: IMO Number ( 1 ) Radio Call Sign Flag State: Email Address: Telephone Number: Fax Number: Inmarsat Number: Port of Landing or Transhipment: Estimated Time of Arrival: Date: Time UTC: Total catch on board – all areas Catch to be landed ( 2 ) Species ( 3 ) Product ( 4 ) Area of catch Conversion factor Product weight (kg) Product weight (kg) NEAFC CA (ICES subareas and divisions) NAFO RA Other areas 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 in the box ‘Yes’ or ‘No’ NEAFC CA NAFO RA Yes 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 the 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 the 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: Date: Signature: Official Stamp: Yes: … No: … PORT STATE CONTROL FORM — PSC 2 PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel. Please use black ink Name of Vessel: IMO Number ( 6 ) Radio Call Sign: Flag State: Email Address: Telephone Number: Fax Number: Inmarsat Number: Port of Landing or Transhipment: Estimated Time of Arrival: Date Time UTC: Catch Information for Donor Vessels ( 5 ) Name of Vessel: IMO Number ( 6 ) Sign Flag State Total catch on board — all areas Catch to be landed ( 7 ) Species ( 8 ) Product ( 4 ) Area of catch Conversion factor Product weight (kg) Product weight (kg) NEAFC CA (ICES subareas and divisions) NAFO RA (Sub Division) Other areas 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 in the ‘Yes’ or ‘No’ NEAFC CA NAFO RA Yes 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 the 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 the 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: Date: Signature: Official Stamp: Yes:… No:… PART II REPORT ON PORT STATE CONTROL INSPECTION (PSC 3) 1 Report on port state control inspection (PSC 3) Please use black ink A. INSPECTION REFERENCE. Landing Yes No Transhipment Yes No Port State Port of landing or transhipment Vessel name Flag State IMO Number Int. Radio call sign Landing/transhipment started Date Time Landing/transhipment ended Date Time B. INSPECTION DETAILS Name of donor vessel ( 10 ) IMO Number ( 11 ) Radio call sign Flag State B 1. catch recorded in the logbook Species ( 12 ) Area of catch Declared live weight kg Conversion factor used B 2. fish landed or transhipped ( *1 ) Species ( 12 ) Product ( 13 ) Area of catch Product weight landed in kg Conversion factor Equivalent live weight kg Diff (kg) between live weight declared in the logbook and the live weight landed Diff ( %) between live weight declared in the logbook and the live weight landed Diff (kg) between Product weight landed and PSC 1/2 Diff ( %) between Product weight landed and PSC 1/2 B 3. information about landings authorised without confirmation from the flag state Name of storage, name of competent authorities, deadline for receiving confirmation, ref. NEAFC art. 23.2/NAFO art. 45.6 B 4. fish retained on board Species ( 12 ) Product ( 13 ) Area of catch Product weight in kg Conversion factor Live weight kg Diff. (kg) between product weight on board and PSC 1/2 Diff. ( %) between product weight on board and PSC 1/2 C. RESULTS OF INSPECTION C1. GENERAL Inspection started Date Time Inspection ended Date Time Observations C2. GEAR INSPECTION IN PORT (For NEAFO only) A. General data Number of gear inspected Date gear inspection Has the vessel been cited? Yes No If yes, complete the full verification of inspection in port form. If no, complete the form with the exception of the NAFO Seal Details B. Otter Trawl details NAFO Seal number Is seal undamaged? Yes No Gear type Attachments Grate Bar Spacing mm. Mesh type Average mesh sizes (mm) Trawl part Wings Body Lengthening Piece Codend 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. INFRINGEMENTS AND FOLLOW-UP E1. NAFO A Sea Inspection Infringements resulting from Inspections inside NAFO R.A. Inspection Party Date of insp. Division NAFO CEM infringement legal reference B Port Inspection Infringements results (a) — Confirmation of Infringements found at sea inspection NAFO CEM infringement legal reference National Infringement legal reference (b) — Infringements found at sea inspection and not possible to be confirmed during the Port Inspection. Comments : (c) — Additional infringements found during the Port Inspection NAFO CEM infringement legal reference National Infringement legal reference E2. NEAFC INFRIGEMENT NOTED Article NEAFC provision(s) violated and summary of pertinent facts Observations : Inspectors Name Inspectors signature Date and place F. DISTRIBUTION Copy to flag State Copy to NEAFC Secretary Copy to NAFO Executive Secretary ( 1 ) Fishing vessels not assigned an IMO number shall provide their external registration number ( 2 ) If necessary an additional form or forms shall be used ( 3 ) FAO Species Codes — NEAFC Annex V — NAFO Annex II ( 4 ) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C) ( 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 Species Codes — NEAFC Annex V — NAFO Annex II ( 9 ) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C) ( *1 ) In case where a vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel. ( 10 ) Fishing vessels not assigned an IMO number shall provide their external registration number. ( 11 ) If necessary an additional form or forms shall be used. ( 12 ) FAO Species Codes — NEAFC Annex V — NAFO Annex II. ( 13 ) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C).
PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA
ANNEX X 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 Electrona carlsbergi ( 1 ) FAO 48.3 All year Dissostichus spp. FAO 48.5 Antarctic 1.12.2008 to 30.11.2009 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 ) ( 2 ) FAO 58.6 Antarctic ( 1 ) FAO 58.7 Antarctic ( 1 ) All year Lepidonotothen squamifrons FAO 58.4.4 ( 1 ) ( 2 ) All year All species except Champsocephalus gunnari and Dissostichus eleginoides FAO 58.5.2 Antarctic 1.12.2008 to 30.11.2009 Dissostichus mawsoni FAO 48.4 Antarctic ( 1 ) within the area bounded by latitudes 55 o 30'S and 57 o 20'S and by longitudes 25 o 30'W and 29 o 30'W 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 2008/09
ANNEX XI CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2008/09 Subarea/Division Region Season SSRU Dissotichus spp. Catch Limit (tonnes) By-catch Catch Limit (tonnes) Skates and rays Macrourus spp. Other species 58.4.1 Whole Division 1.12.2008 to 30.11.2009 SSRU A, B, D, F and H: 0 SSRU C: 100 SSRU E: 50 SSRU G:60 Total 210 All Division: 50 All Division: 33 All Division: 20 58.4.2 Whole Division 1.12.2008 to 30.11.2009 Total Subarea 70 All Division: 50 All Division: 20 All Division: 20 58.4.3(b) All Division outside Areas of National Jurisdiction 1.5.2009 to 31.8.2009 SSRU A:30 SSRU B: 0 SSRU C:30 SSRU D:30 SSRU E: 30 120 North of 60 o All Division: 50 All Division: 80 All Division: 20 88.1 All Subarea 1.12.2008 to 31.8.2009 SSRU A: 0 SSRUs B, C and G: 352 SSRUs D, E and F: 0 SSRUs H, I and K: 1994 SSRUs J and L: 354 SSRU M: 0 Total 2700: 135 430 20 88.2 South of 65 o S 1.12.2008 to 31.8.2009 SSRU A and B: 0 SSRUs C, D, F and G: 214 SSRU E: 353 Total 567 ( 1 ) 50 ( 1 ) 90 ( 1 ) 20 ( 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.
NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA
ANNEX XII NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA Text of image Contracting Party: Fishing season: Name of vessel: Expected level of catch (tonnes): Fishing technique: Conventional trawl Continuous fishing system Pumping to clear codend Other approved methods: Please specify Products to be derived from the catch and their conversion factors ( 1 ): Product type % of catch Conversion factor ( 2 ) ( 1 ) Information to be provided to the extent possible. ( 2 ) Conversion factor = whole weight/processed weight. Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Subarea/Division 48.1 48.2 48.3 48.4 48.5 48.6 58.4.1 58.4.2 88.1 88.2 88.3 X Tick boxes where and when you are most likely to operate. Precautionary catch limits not set, therefore considered as exploratory fisheries. Note that the details you provide here are for information only and do not preclude you from operating in areas or times which you did not specify
Net configuration and use of fishing techniques
ANNEX XIII Net configuration and use of fishing techniques Net opening (mouth) circumference (m) Vertical opening (m) Horizontal opening (m) Net Panel length and mesh size Panel Length (m) Mesh size (mm) 1st panel 2nd panel 3rd panel … … Final panel (Codend) Provide diagram of each net configuration used Use of multiple fishing techniques ( *1 ) : Yes No Fishing technique Expected proportion of time to be used (%) 1 2 3 4 5 … Total 100 % Presence of marine mammal exclusion device ( *2 ) : Yes No Provide explanation of fishing techniques, gear configuration and characteristics and fishing patterns: ( *1 ) If yes, frequency of switch between fishing techniques: ____________ ( *2 ) If yes, provide design of the device:
ANNEX XIV 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. Fishers 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 XV Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic 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 NEAFC Convention Area 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 Convention Area. 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. 2. In addition to the measures referred to in point 1, the following measures shall apply to vessels that have been placed by NEAFC on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels): (a) IUU vessels shall be prohibited from entering a Community port; (b) IUU vessels shall not be authorised to fish in Community waters and be prohibited from being 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 prohibit importers, transporters and other sectors concerned to tranship and trade fish caught by such vessels. 3. The vessels referred to in point 2 as well as the vessels placed on the IUU list established by the Northwest Atlantic Fisheries Organisation (NAFO) are listed in the Appendix to this Annex. 4. The Commission shall amend the list of IUU vessels to be in accordance with the NEAFC and NAFO IUU lists as soon as NEAFC adopts a new IUU list.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.