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Regulation (EU) 2023/2124 TITLE II — MANAGEMENT, CONSERVATION AND CONTROL MEASURES CONCERNING CERTAIN SPECIES

Article 4–Article 96 · 93 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

CHAPTER I — European Eel

Scope

Article 4

This Chapter applies to all fishing activities catching European eel ( Anguilla anguilla ), namely targeted, incidental and recreational fisheries, in all the marine waters of the Mediterranean Sea as provided for in Annex I, including freshwaters and transitional and brackish waters, such as lagoons and estuaries.

Fisheries restricted areas

Article 5

1.   Member States may establish fisheries restricted areas to further protect European eel. The location and boundaries of those areas shall be consistent with the distribution of the main habitats of European eel in the Member State concerned. 2.   It shall be prohibited to fish European eel in the areas referred to in paragraph 1. Specimens accidentally captured in those areas shall be immediately released upon the catch.

Technical measures

Article 6

Without prejudice to Regulation (EU) 2019/1241, the national management plans and national management measures adopted by Member States pursuant to Article 2 of Council Regulation (EC) No 1100/2007  ( 16 ) , shall establish technical measures such as authorised fishing gear and mesh size.

Additional measures

Article 7

1.   Member States may adopt voluntary measures to complement their national management plan or national management measures, in accordance with Article 2 of Regulation (EC) No 1100/2007, taking into account, inter alia, the conservation status of European eel in their waters, the impact of fishing activities catching European eel in their waters and other anthropogenic mortality sources. 2.   Member States shall communicate the measures adopted in accordance with paragraph 1 to the Commission at the latest two weeks after their entry into force and the Commission shall transmit those measures to the GFCM Secretariat within one month of their entry into force.

Implementation of measures

Article 8

1.   Member States shall provide a report on the implementation of the measures set out in this Chapter to the Commission not later than one month before the 45th session of the GFCM. 2.   The Commission shall transmit the report referred to in paragraph 1 to the GFCM Secretariat not later than the 45th session of the GFCM. That report may include an estimate of the impact of measures included in the national management plans and any other measures.

Fishing authorisation

Article 9

1.   Member States shall communicate a list of all authorised fishing vessels, pursuant to Article 11(1) of Regulation (EC) No 1100/2007, to the Commission by 10 June of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 June of each year. 2.   Member States shall immediately transmit to the Commission any modifications to the list referred to in paragraph 1. The Commission shall communicate those modifications to the GFCM Secretariat without delay.

Authorised transitional and brackish waters

Article 10

1.   By 1 January 2020, Member States shall establish and keep up to date a list of all authorised transitional and brackish waters, such as lagoons and estuaries, where traditional permanent fish-harvesting static gear is placed for catch of European eel. 2.   Member States shall communicate the list referred to in paragraph 1 to the Commission by 10 June of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 June of each year. 3.   Member States shall immediately transmit to the Commission any modifications to the list referred to in paragraph 1. The Commission shall communicate those modifications to the GFCM Secretariat without delay.

Designated landing points

Article 11

1.   Landing of European eel shall only be authorised in landing points designated by each Member State for this purpose. 2.   By way of derogation from paragraph 1, Member States may put in place measures alternative to designated landing points, provided that those measures effectively contribute to the fight against illegal, unregulated and unreported (IUU) fishing.

Recording of catches

Article 12

1.   Fishers or masters of the fishing vessels authorised to harvest European eel shall record their catches in live weight, irrespective of the live weight of the catch and harvest. 2.   In the case of transitional and brackish waters, such as lagoons and estuaries where European eel catching continues to be carried out with permanent traditional fish-harvesting static gear, fishers or masters of the authorised fishing vessels shall record their catches in live weight. 3.   Without prejudice to Article 14 of Regulation (EC) No 1224/2009, masters of vessels shall record in the logbook their daily catches of European eel, irrespective of the live weight of the harvest.

CHAPTER II — Giant red shrimp, blue and red shrimp
Section I — Levant Sea

Scope

Article 13

This section applies to all trawl fishing activities targeting giant red shrimp ( Aristaeomorpha foliacea ) and blue and red shrimp ( Aristeus antennatus ), operating in geographical subareas (GSAs) 24, 25, 26 and 27 as provided for in Annex I.

Scientific monitoring

Article 14

Member States shall ensure annually an adequate scientific monitoring of the status of the species included within the scope of this section, allowing the SAC to prepare its advice which should take into consideration biological, socioeconomic and environmental aspects.

List of authorised and active vessels

Article 15

1.   Member States shall communicate the list of all fishing vessels that are authorised to fish for and are actively fishing for the species listed in Article 13 for a given year to the Commission by 10 January of each year. The Commission shall transmit that list to the GFCM Secretariat by 31 January of each year. That list shall include, for each vessel, the information referred to in Annex VIII. 2.   Any fishing vessel not included in the list established under paragraph 1 shall not be allowed in any given fishing trip to fish for, retain on board, or land more than 3 % of the total live weight of the catch of the species listed in Article 13. 3.   Member States shall promptly notify the Commission of any addition to, deletion from and/or modification of, the list of authorised fishing vessels, any time such changes may occur. The Commission shall transmit those modifications to the GFCM Secretariat without delay.

Fishing activities

Article 16

Member States shall communicate to the Commission by 31 July of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year. The Commission shall transmit that report to the GFCM Secretariat by 31 August of each year. That report shall include at least the following: (1) operating days; (2) operating area; (3) total catch.

Additional spatial or temporal restrictions

Article 17

1.   Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect aggregation areas of juveniles. 2.   Member States shall immediately notify the Commission of any such additional spatial or temporal restrictions once they are established. The Commission shall notify the GFCM Secretariat thereof without delay.

Reporting obligations

Article 18

Notwithstanding Article 14(1) of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches and bycatch of giant red shrimp and blue and red shrimp, irrespective of the live weight of the catch.

Designated landing points

Article 19

1.   Member States shall designate landing points where landings and transhipping by vessels actively fishing within the scope of this section shall take place. For each designated landing point, Member States shall specify permitted landing and transhipping times and places. 2.   It shall be prohibited to land or tranship from fishing vessels any quantity of species included within the scope of this section at any place other than landing points designated by Member States in accordance with paragraph 1. 3.   Member States shall communicate to the Commission any change to the list of designated landing points by 15 November of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 November of each year.

Vessel monitoring system

Article 20

Notwithstanding Article 9(2) of Regulation (EC) No 1224/2009, all vessels above 10 metres in length overall (LOA) actively fishing within the scope of this section shall be equipped with a vessel monitoring system (VMS).

Logbook

Article 21

Notwithstanding Article 14(1) of Regulation (EC) No 1224/2009, authorised fishing vessels operating within the scope of this section shall have on board a logbook in which daily catches of giant red shrimp and blue and red shrimp are recorded and declared, irrespective of the live weight of the catch, in accordance with Article 18 of this Regulation.

Section II — Ionian Sea

Scope

Article 22

This section applies to all trawl fishing activities targeting giant red shrimp ( Aristaeomorpha foliacea ) and blue and red shrimp ( Aristeus antennatus ) in GSAs 19, 20 and 21 as provided for in Annex I.

Scientific monitoring

Article 23

Member States shall ensure annually an adequate scientific monitoring of the status of the species included within the scope of this section, allowing the SAC to prepare its advice which should take into consideration biological, socioeconomic and environmental aspects.

List of authorised and active vessels

Article 24

1.   Member States shall communicate the list of all fishing vessels flying their flag that are authorised to fish for and are actively fishing for the species listed in Article 22 for a given year to the Commission by 10 January of each year. The Commission shall transmit that list to the GFCM Secretariat by 31 January of each year. That list shall include, for each vessel, the information referred to in Annex VIII. 2.   Any fishing vessel not included in the list referred to in paragraph 1 shall not be allowed in any given fishing trip to fish for, retain on board, or land more than 3 % of the total live weight of the catch of the species listed in Article 22. 3.   Member States shall promptly notify the Commission of any addition to, deletion from and/or modification of, the list of authorised fishing vessels, any time such changes may occur. The Commission shall transmit those modifications to the GFCM Secretariat without delay.

Fishing activities

Article 25

Member States shall communicate to the Commission by 31 July of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year. The Commission shall transmit that report to the GFCM Secretariat by 31 August of each year. That report shall include at least the following: (1) operating days; (2) operating area; (3) total catch.

Additional spatial or temporal restrictions

Article 26

1.   Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect aggregation areas of juveniles. 2.   Member States shall immediately notify the Commission of any such additional spatial or temporal restrictions once they are established. The Commission shall notify the GFCM Secretariat thereof without delay.

Reporting obligations

Article 27

Notwithstanding Article 14(1) of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches and by-catch of giant red shrimp and blue and red shrimp, irrespective of the live weight of the catch.

Designated landing points

Article 28

1.   Member States shall designate landing points where landings and transhipping by vessels actively fishing within the scope of this section shall take place. For each designated landing point, Member States shall specify permitted landing and transhipping times and places. 2.   It shall be prohibited to land or tranship from fishing vessels any quantity of species included within the scope of this section at any place other than landing points designated by Member States in accordance with paragraph 1. 3.   Member States shall communicate to the Commission any change to the list of designated landing points by 31 October of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 November of each year.

Vessel monitoring system

Article 29

Notwithstanding Article 9(2) of Regulation (EC) No 1224/2009, all vessels above 10 metres in LOA actively fishing within the scope of this section shall be equipped with a VMS.

Logbook

Article 30

Notwithstanding Article 14(1) of Regulation (EC) No 1224/2009, authorised fishing vessels operating within the scope of this section shall have on board a logbook in which daily catches of giant red shrimp and blue and red shrimp are recorded and declared, irrespective of the live weight of the catch, in accordance with Article 27 of this Regulation.

Section III — Strait of Sicily

Scope

Article 31

This section applies to all trawl fishing activities targeting giant red shrimp ( Aristaeomorpha foliacea ) and blue and red shrimp ( Aristeus antennatus ) in GSAs 12, 13, 14, 15 and 16 as provided for in Annex I.

Fleet management measures

Article 32

Member States shall ensure that their fleet capacity is maintained for the exploitation of species under the scope of this section at levels established in Table A of Annex XII.

Scientific monitoring

Article 33

Member States shall ensure annually an adequate scientific monitoring of the status of the species included within the scope of this section, allowing the SAC to prepare its advice which should take into consideration biological, socioeconomic and environmental aspects.

List of authorised and active vessels

Article 34

1.   Member States shall communicate the list of all fishing vessels flying their flag that are authorised to fish and are actively fishing for the species listed in Article 31 for a given year to the Commission by 10 June of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 June of each year. That list shall include, for each vessel, the information referred to in Annex VIII. 2.   Member States shall promptly notify the Commission of any addition to, deletion from and/or modification of, the list of authorised fishing vessels, any time such changes may occur. The Commission shall transmit those modifications to the GFCM Secretariat without delay.

Fishing activities

Article 35

Member States shall communicate to the Commission by 15 November of each year, a detailed report on fishing activities of fishing vessels operating within the scope of this section for the previous year. The Commission shall transmit that report to the GFCM Secretariat by 30 November of each year. That report shall include at least the following: (1) operating days; (2) operating area; (3) total catch of key species listed in Article 31.

Additional spatial or temporal restrictions

Article 36

1.   Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect aggregation areas of juveniles. 2.   Member States shall immediately notify the Commission of any such additional spatial or temporal restrictions once they are established. The Commission shall notify the GFCM Secretariat thereof without delay.

Designated landing points

Article 37

1.   Member States shall designate landing points where the landings by vessels actively fishing within the scope of this section shall take place. 2.   It shall be prohibited to land or tranship from fishing vessels any quantity of species listed in Article 31 at any place other than landing points designated by Member States in accordance with paragraph 1. 3.   Fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall declare all catches of the species listed in Article 31, irrespective of the live weight of the catch.

CHAPTER III — Conservation and sustainable exploitation of red coral

Scope

Article 38

1.   This Chapter applies to all commercial fishing activities harvesting red coral ( Corallium rubrum ), in all marine waters of the Mediterranean Sea as provided for in Annex I. 2.   Catch and retention on board, transhipment or landing of red coral shall be prohibited for recreational fisheries purposes. 3.   This Chapter shall apply without prejudice to Article 4(2) of Regulation (EC) No 1967/2006, Article 7 of Regulation (EU) 2019/1241 or any stricter measures stemming from Council Directive 92/43/EEC  ( 17 ) .

National management plans

Article 39

1.   Member States shall adopt national management plans for red coral. 2.   Depending on available scientific information, management shall take place at red coral bank, GFCM statistical rectangle or national level. Any national management plan shall include at least the elements listed in Articles 40, 41, 42, 44 to 50, 52, 53 and 56. 3.   Member States shall submit their national management plans for red coral to the Commission 10 working days after their adoption and the Commission shall transmit them to the GFCM Secretariat at the latest within 15 working days after their adoption. Member States shall immediately resubmit any updated national management plan for red coral to the Commission. The Commission shall transmit it to the GFCM Secretariat, in particular when new closures or new openings of red coral banks are decided.

Gear and devices

Article 40

For the harvesting of red coral, the only permitted gear shall be a hammer used in scuba diving by authorised vessels or fishers who are authorised or recognised by the competent national authority. During the harvest, the authorised fisher shall ensure that the base of the coral colony is not detached from the substrate.

Minimum depth for harvesting

Article 41

1.   The harvesting of red coral shall be prohibited at depths of less than 50 metres. 2.   The Commission is empowered to adopt delegated acts supplementing this Regulation in accordance with Article 140 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 in order to grant derogations from paragraph 1 of this Article. 3.   Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by: (a) detailed information on the national management framework; (b) the scientific or technical justifications; (c) the list of fishing vessels, or the number of authorisations granted, as regards the harvesting of red coral at depths of less than 50 metres; and (d) the list of fishing zones where such harvesting is authorised, as identified by geographic coordinates both on land and at sea. 4.   Derogations referred to in paragraph 2 of this Article shall be granted if the following conditions are satisfied: (a) such derogations have been implemented continuously by means of management rules during at least five years before 18 April 2020; or (b) in case of a new derogation, it shall be supported by the SAC, demonstrating that the request is in line with the objectives of this Chapter. 5.   The Commission shall inform the GFCM Secretariat of the measures adopted pursuant to paragraph 2.

Minimum conservation reference size

Article 42

1.   Red coral from colonies of red coral whose diameter is less than 7 mm, measured within one centimetre from the base of the colony, shall not be harvested, retained on board, transhipped, landed, transferred, stored, sold or displayed or offered for sale as raw product. 2.   The Commission is empowered to adopt delegated acts supplementing this Regulation in accordance with Article 140 of this Regulation and Article 18(1) to (6) of Regulation (EU) No 1380/2013 in order to authorise, by way of derogation from paragraph 1, a maximum tolerance limit of 10 % in live weight of undersized (< 7 mm) colonies of red coral. 3.   Joint recommendations to be submitted pursuant to Article 18(1) of Regulation (EU) No 1380/2013 with a view to a derogation as referred to in paragraph 2 of this Article shall be accompanied by the scientific or technical justifications for that derogation. 4.   The Commission shall inform the GFCM Secretariat of the measures adopted pursuant to paragraph 2.

Transmission of harvest and effort data

Article 43

Member States shall communicate to the Commission their harvest and effort exerted for the preceding year, by 15 June of each year. The Commission shall transmit those data to the GFCM Secretariat by 30 June of each year.

Catch limits

Article 44

1.   Each Member State may establish a system of individual daily and/or annual harvest and/or fishing effort limits for their authorised fishers and their authorised fishing vessels. Such limits shall be consistent with the number of fishing authorisations granted, the annual harvest limits and fishing effort limits set for the Member State concerned. 2.   When, for a given year and a properly identified red coral bank, or, at the scale of the relevant GFCM statistical rectangle if the red coral bank has not been properly identified, the proportion of colonies harvested below the minimum conservation reference size, as provided for in Article 42, is: (a) less than 10 % of the total catch harvested from a given red coral bank for a given year, Member States not having a national management plan in place shall implement stricter control measures over the area concerned; (b) more than 10 % and less than 25 % of the total catch harvested from a given red coral bank for a given year, the Member States shall implement stricter control over the area concerned and survey the size structure of the red coral population, irrespective of the existence of a national management plan. 3.   When a trigger catch level of red coral as referred to in paragraphs 4 and 5 has been reached, Member States shall close the area concerned to any red coral fishery. 4.   The trigger catch level shall be deemed to be reached when colonies of red coral whose basal diameter is lower than 7 mm exceed 25 % of the total catch harvested from a given red coral bank for a given year. 5.   Where coral banks have not yet been properly identified, the trigger catch level and the closure provided for in paragraph 3 shall apply at the scale of the relevant GFCM statistical rectangle. 6.   Member States shall take the necessary measures to implement precautionary closures provided for in paragraph 3. In their decision establishing a closure, Member States shall define the geographical area of the affected harvest ground, the duration of the closure and the conditions governing fisheries in that area during the closure, as well as the conditions for reopening the fishery. 7.   Member States may implement a move-on rule for fishing vessels to cease fishing and move in the direction least likely to result in further encounters from the colonies, with a view to avoiding the trigger catch level referred to in paragraph 4 and ensuring the optimal exploitation and recovery of the colonies. 8.   When Member States implement a move-on rule referred to in paragraph 7, they shall immediately notify the Commission thereof and the Commission shall notify the GFCM Secretariat. 9.   Member States may implement a crop rotation system between their red coral banks to ensure an optimal exploitation and recovery of the colonies. 10.   When Member States implement a crop rotation system referred to in paragraph 9, they shall immediately notify the Commission thereof and the Commission shall notify the GFCM Secretariat.

Spatial or temporal closures

Article 45

1.   In addition to the closures already established at national level, Member States actively harvesting red coral may introduce additional spatial or temporal closures for the protection of red coral on the basis of the scientific advice available. 2.   Member States establishing closures shall inform the GFCM Secretariat and the Commission without delay.

Remotely operated underwater vehicles (ROVs)

Article 46

1.   The use of remotely operated underwater vehicles (ROVs) shall be prohibited in the area referred to in Article 38. 2.   By way of derogation from paragraph 1, the use of ROVs is permitted exclusively for scientific purposes within the GFCM research programme until the end of that programme.

Fleet management measures

Article 47

1.   Vessels or fishers shall be authorised to harvest red coral in the Mediterranean Sea only if they hold a valid fishing authorisation issued respectively by the flag Member State authority or by the authorities of the coastal Member State where the fishing activities take place. Such authorisations shall specify the technical conditions under which the fishery may be carried out. 2.   In the absence of an authorisation as referred to in paragraph 1, it shall be prohibited to harvest, retain on board, tranship, land, transfer, store, sell or display or offer for sale red coral. 3.   A fishing authorisation may only be granted to a fisher (diver) who complies with standards for professional diving in accordance with national legislation. 4.   Member States shall maintain an updated register of fishing authorisations referred to in paragraph 1 and shall send to the Commission, by 15 June of each year, the list of fishers and/or vessels for which the authorisations referred to in paragraph 1 were issued. The Commission shall communicate that list to the GFCM Secretariat not later than 30 June of each year. That list shall include, for each vessel, at least the information referred to in Annex VIII. 5.   Member States shall not increase the number of fishing authorisations referred to in paragraph 1 until scientific advice validated by the SAC indicates that red coral populations have rebuilt to sustainable levels allowing them to sustain increased exploitation.

Designated landing points

Article 48

Authorised fishers or vessels shall only land and tranship red coral catches in designated landing points. To this end, each Member State shall designate landing points in which landing and transhipment of red coral is authorised and communicate a list of those designated landing points to the Commission by 15 June of each year. The Commission shall transmit that list to the GFCM Secretariat by 30 June of each year, unless there is no change of designated landing points already communicated. Member States shall immediately communicate any update of that list to the Commission. The Commission shall transmit those updates to the GFCM Secretariat without delay.

Prior notification

Article 49

Prior to entry into any port, and at least four hours before the estimated time of arrival at port, or at least one hour if the fishing grounds are less than four hours from the port of arrival, the masters of the fishing vessels or their representative or the authorised fishers shall notify the relevant authorities the following information: (1) the estimated time of arrival to the port; (2) the external identification number and the name of the authorised vessel or vessel used for harvesting; (3) the estimated quantity in live weight and the number of red coral colonies retained on board; (4) the information on the harvesting area, preferably with geographical coordinates.

Recording of catches

Article 50

1.   Fishers or masters of the vessels authorised to harvest red coral shall record their harvest after each harvest operation. 2.   Fishing vessels authorised to harvest red coral shall have on board a logbook in which the daily catches of red coral, irrespective of the live weight of the harvest, and fishing activity by area and depths are recorded, including, where possible, the number of fishing days and dives. That information shall be communicated to the competent national authorities within the deadline laid down in Article 14(6) of Regulation (EC) No 1224/2009. 3.   By 15 December of each year, the Member States concerned shall submit to the Commission the data on red coral referred to in this Article. The Commission shall transmit those data to the GFCM Secretariat by 31 December of each year.

Pilot projects

Article 51

Member States may implement pilot projects to ensure that all fishers or vessels authorised to harvest red coral use a VMS or any other geolocation system allowing control authorities to track their activity at all times during the fishing trips.

Control of landings of red coral

Article 52

Each Member State shall establish a control programme based on risk analysis, in particular to verify the landings and validate the logbooks.

Transhipment operations

Article 53

Transhipment operations at sea of red coral shall be prohibited.

Inspection plan

Article 54

Each Member State shall establish an inspection plan containing the control and enforcement measures set out in this Chapter, taking into account the elements listed in Annex V. Those inspection plans shall be communicated to the Commission by 15 January of each year and the Commission shall transmit those plans to the GFCM Secretariat by 31 January of each year.

Traceability of red coral products

Article 55

1.   For a transitional period of three years (2020–2022), Member States may participate in the pilot phase of the Catch Documentation Scheme (CDS), for the purpose of identifying where the origin of red coral is harvested in the GFCM area of application, and implement the following traceability measures: (a) a validated CDS certificate as referred to in Annex X and issued by the competent authorities of the flag State shall accompany all landings, imports, export and re-exports of red coral harvested; (b) each certificate shall have a unique document identification number. Such number shall be specific to the flag State and be assigned to each fisher or authorised vessel. Such certificates shall not be transferable to another fisher or authorised vessel; (c) Member States shall validate the CDS harvest certificates for red coral only when all the information contained in the CDS has been established to be accurate as a result of the verification of the supporting documents and corresponding consignment. 2.   Member States participating in the pilot phase shall report to the Commission, and the Commission shall report to the GFCM Secretariat accordingly, on the implementation of the pilot phase in the context of a permanent CDS for red coral.

Scientific information for red coral

Article 56

1.   In addition to the provisions related to red coral contained in the DCRF manual, Member States shall report the data listed below at the bank, GFCM statistical rectangle and national level, when available: (a) number of red coral fishing authorisations granted for fishers and for authorised vessels; (b) number of dives per authorised fisher and fishing trip; (c) number of authorised fishers on board for each fishing trip; and (d) diameter of each colony harvested, if possible. Such data shall be reported by the Member States to the Commission by 10 June of each year and the Commission shall transmit those data to the GFCM Secretariat by 30 June of each year. 2.   The Member States whose authorised fishers or vessels target red corals shall ensure that a mechanism for adequate scientific monitoring of harvests is in place, with a view to allowing the SAC to provide descriptive information and advice, including on: (a) the deployed fishing effort (e.g. number of fishing trips or dive time per week, per month or per year) and overall catch levels by stocks at the bank, GFCM statistical rectangle, national or supranational level; (b) the conservation and management reference points with a view to further improving the regional management plan in line with the objective of maximum sustainable yield and low risk of stock collapse; (c) the biological and socioeconomic effects of alternative management scenarios, including input/output control or technical measures; (d) possible additional spatial or temporal closures in order to preserve fishery sustainability. 3.   It shall be prohibited to commercialise red coral colonies harvested within the framework of research programmes on red coral. 4.   Member States may deploy national scientific observers on the vessels that have harvested red coral. In case of such deployment, Member States may report the information collected to the Commission and the Commission shall transmit that information to the GFCM Secretariat.

CHAPTER IV — Demersal fisheries
Section I — Strait of Sicily

Scope

Article 57

This section applies to all fishing activities by Union bottom trawlers above 10 metres in LOA targeting demersal stocks, including European hake ( Merluccius merluccius ) and deep-water rose shrimp ( Parapenaeus longirostris ), in GSAs 12, 13, 14, 15 and 16 as provided for in Annex I.

Fisheries management measures or national management plans

Article 58

1.   Member States shall adopt fisheries management measures or national management plans under the scope of this section to ensure that the exploitation levels of demersal stocks, in particular European hake and deep-water rose shrimp, reach and maintain the maximum sustainable yield. 2.   Member States shall communicate management measures or national management plans adopted and any modifications made to those measures or plans to the Commission by 15 January of each year. The Commission shall transmit those measures or plans and modifications thereof to the GFCM Secretariat by 31 January of each year.

Additional spatial or temporal restrictions

Article 59

1.   Member States may designate additional spatial or temporal restrictions to those already existing where fishing activities may be banned or restricted in order to protect spawning and nursery areas. 2.   Member States shall communicate to the Commission by 15 June of each year the spatial/temporal restrictions in the waters under their sovereignty or under their jurisdiction. The Commission shall transmit that list to the GFCM Secretariat by 30 June of each year.

Scientific monitoring

Article 60

Member States shall ensure adequate annual scientific monitoring of the species listed in Article 57.

Authorisations for bottom trawling fisheries on demersal stocks

Article 61

1.   Bottom trawling vessels actively targeting the species listed in Article 57, shall only be allowed to carry out the specific fishing activities indicated in a valid fishing authorisation issued by the competent authorities and specifying the technical conditions under which such activities shall be carried out. Such vessels shall be equipped with a VMS. 2.   The fishing authorisation referred to in paragraph 1 shall include, in addition to the data defined in Annex I to Implementing Regulation (EU) 2017/218, the following data: (a) GFCM registration number; (b) previous name (if any); (c) previous flag (if any); (d) previous details of deletion from other registers (if any). 3.   Member States shall send to the Commission by 31 October of each year the list of vessels for which they issued the authorisation referred to in paragraph 1. The Commission shall communicate that list to the body designated by it and to the GFCM Secretariat not later than 30 November of each year. 4.   Member States shall communicate to the Commission by 31 July of each year and the Commission shall transmit to the GFCM Secretariat not later than 31 August of each year, in an aggregated format, a report on fishing activities carried out by the vessels referred to in paragraph 1, including the following minimum information: (a) number of fishing days; (b) exploitation area; and (c) captures of European hake and deep-water rose shrimp.

Designated landing points

Article 62

1.   Each Member State shall designate landing points in which landings of European hake and deep-water rose shrimp from the Strait of Sicily may take place, in accordance with Article 43(5) of Regulation (EC) No 1224/2009. Any change to that list shall be promptly notified to the Commission and to the GFCM Secretariat. 2.   It shall be prohibited to land or tranship from fishing vessels any quantity of European hake and deep-water rose shrimp fished in the Strait of Sicily at any place other than in landing points designated by the Member States. 3.   Member States shall specify, for each designated landing point, the permitted landing and transhipping times. Member States shall also ensure inspection coverage of such activities during all landing and transhipping times at all designated landing points.

International Joint Inspection and Surveillance Scheme

Article 63

1.   Member States may carry out inspection and surveillance activities in the framework of an International Joint Inspection and Surveillance Scheme (‘the Scheme’) covering the waters outside national jurisdiction in GSAs 12, 13, 14, 15 and 16, as defined in Annex I (‘the inspection and surveillance area’). 2.   Member States may assign inspectors and inspection means and carry out inspections under the Scheme. The Commission or a body designated by it may also assign Union inspectors to the Scheme. 3.   The Commission or a body designated by it shall coordinate the surveillance and inspection activities for the Union and may draw up, in coordination with the Member States concerned, a joint deployment plan to enable the Union to fulfil its obligation under the Scheme. Member States shall adopt the necessary measures to facilitate the implementation of those plans, particularly as regards the human and material resources required and the periods and geographical areas in which those resources are to be deployed. 4.   Each Member State shall, not later than 31 October of each year, notify to the Commission or a body designated by it the list of the names of inspectors authorised to perform the inspection and surveillance in the area referred to in paragraph 1, as well as the names of the vessels and aircraft used for inspection and surveillance which they intend to assign to the Scheme for the following year. The Commission or a body designated by it shall send this information to the GFCM Secretariat by 1 December of each year or as soon as possible before the commencement of inspection activities. 5.   Inspectors assigned to the Scheme shall carry a GFCM identity card issued by the competent authorities, which shall be in the form set out in Annex IV. 6.   Vessels carrying out boarding and inspection duties in accordance with the Scheme shall fly a special flag or pennant, as described in Annex V. 7.   Each Member State shall ensure that every inspection platform entitled to fly its flag operating in the area referred to in paragraph 1 maintains secure contact, daily where possible, with every other inspection platform operating in that area, to exchange information necessary to coordinate the activities. 8.   Each Member State with an inspection or surveillance presence in the area referred to in paragraph 1 shall provide to each inspection platform, upon its entry into the area, a list of sightings established in accordance with Annex VII, of boardings and inspections it has conducted in the previous 10-day period, including dates, coordinates and any other relevant information.

Conduct of inspections

Article 64

1.   Inspectors assigned to the Scheme shall: (a) prior to boarding, notify the fishing vessel of the name of the inspection vessel; (b) display, on the inspection vessel and boarding vessel, the pennant described in Annex V; (c) limit each inspection team to a maximum of three inspectors. 2.   Upon boarding the vessel, inspectors shall produce the identity card described in Annex IV to the master of the fishing vessel. Inspections shall be conducted in one of the official languages of the GFCM and, where possible, in the language spoken by the master of the fishing vessel. 3.   Inspectors shall draw up a report of the inspection in the format set out in Annex VI. 4.   Inspectors shall sign the report in the presence of the master of the vessel who shall be entitled to add to the report any observations which he or she may think suitable and who must also sign. 5.   Copies of the report shall be given to the master of the vessel and to the authorities of the inspection party, which shall transmit copies to the authorities of the flag State of the inspected vessel and to the Commission and/or a body designated by it. The Commission shall forward the copy to the GFCM Secretariat. 6.   The size of the inspection party and length of the inspection shall be determined by the commanding officer of the inspection vessel taking into account all relevant circumstances.

Infringements

Article 65

1.   For the purposes of this Article, the following activities shall be considered as infringements: (a) the activities referred to in Article 3(1), points (a), (b), (c), (e), (f), (g) and (h), of Regulation (EC) No 1005/2008; (b) interference with satellite monitoring system; and (c) operating without a VMS. 2.   In the case of any boarding and inspection of a fishing vessel during which the inspectors detect an infringement, the authorities of the flag Member State of the inspection vessel shall immediately inform the Commission or a body designated by it, which shall notify the flag State of the inspected fishing vessel both directly and through the GFCM Secretariat. They shall also inform any inspection ship of the flag State of the fishing vessel known to be in the vicinity. 3.   The flag Member State of the vessel shall ensure that, following an inspection in which an infringement has been detected, the fishing vessel concerned ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed within 72 hours to a landing point designated by it, where an investigation shall be initiated. 4.   In the event that an infringement has been detected during an inspection, the actions and follow-up taken by the flag Member State shall be notified to the Commission or a body designated by it. The Commission or a body designated by it shall forward the action and follow-up taken to the GFCM Secretariat. 5.   Member States’ authorities shall act on inspection reports, as referred to in Article 64(3), and statements resulting from documentary inspections by inspectors on a similar basis as they act on reports and statements of national inspectors.

Section II — Adriatic Sea

Scope

Article 66

This section applies to all fishing activities targeting demersal stocks, including European hake ( Merluccius merluccius ), Norway lobster ( Nephrops norvegicus ), common sole ( Solea solea ), deep-water rose shrimp ( Parapenaeus longirostris ) and red mullet ( Mullus barbatus ), by means of otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls, in GSAs 17 and 18 as provided for in Annex I.

Spatial and temporal closures

Article 67

1.   Member States shall: (a) close the coastal zone, irrespective of depth, out to six nautical miles, or four nautical miles for vessels not allowed to fish beyond six nautical miles, to towed gear targeting demersal stocks, for a continuous period of at least eight weeks on an annual basis; or (b) set a closure of at least 30 continuous days on an annual basis and covering at least 20 % of territorial waters for fishing activities with otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls, irrespective of their overall length in the areas and periods recognised by Member States as important for the protection of juveniles of demersal stocks, and accounting for migration routes and spatial patterns of juvenile distribution. 2.   Member States shall communicate to the Commission, by 15 June of each year, the spatial restrictions as referred to in paragraph 1, in the waters under their jurisdiction which they apply with a view to protecting spawning and nursery areas for demersal stocks referred to in Article 66. 3.   The Commission shall transmit the information received in accordance with paragraph 2 to the GFCM Secretariat, by 30 June of each year.

Fisheries management measures or national management plans

Article 68

1.   Member States shall adopt fisheries management measures or national management plans within the scope of this section to ensure adequate conservation of demersal stocks, in particular European hake, Norway lobster, common sole, deep-water rose shrimp and red mullet, in accordance with the general objectives set out in the Multiannual management plan for the sustainable demersal fisheries in the Adriatic Sea (GSAs 17 and 18). 2.   If the measures referred to in paragraph 1 are modified, Member States shall notify the Commission thereof without delay and the Commission shall communicate such modifications to the GFCM Secretariat by 31 January of the following year.

Fleet management measures

Article 69

1.   Member States shall ensure that the overall active fleet capacity of the fleets operating under the scope of this section, in terms of gross tonnage (GT) and/or gross registered tonnage (GRT), engine power (kW) and number of vessels, as recorded both in Union and GFCM registers, does not exceed the fleet capacity for demersal fisheries in 2015 or its average between 2015 and 2017. 2.   Paragraph 1 shall not apply to national fleets operating with otter-trawling and fishing for less than 1 000 days during the reference period referred to in paragraph 1. The fishing capacity of those fleets shall not increase by more than 50 % with respect to that reference period.

Fishing authorisations

Article 70

1.   Member States shall establish a list of vessels flying their flag and authorised to fish for the species listed in Article 66. 2.   Member States shall communicate to the Commission by 10 January of each year the list of authorised vessels flying their flag and actively fishing under the scope of this section. That list shall include, for each vessel, the information referred to in Annex VIII. The Commission shall transmit that list to the GFCM Secretariat by 31 January of each year. 3.   Vessels operating within the scope of this section shall only be allowed to carry out specific fishing activities with a valid fishing authorisation issued by the competent authorities. Authorised vessels above 12 metres in LOA shall be equipped with a VMS from 1 January 2021 and with an electronic logbook from 1 January 2022. 4.   Each Member States shall ensure adequate mechanisms are set up for the recording of each fishing vessel in a national fleet register, for the recording of the vessel’s catches and fishing effort via the logbook as well as for the monitoring of fishing vessel activities and landings via catch and effort sampling surveys, in accordance with the Union or national rules. 5.   As of 1 January 2021, for the purpose of collecting fishing effort data for the establishment of a future fishing effort regime, Member States shall report to the Commission by 10 June of each year data from the previous year on kW × fishing days and fishing days by gear and vessel LOA with no merging of vessel length classes, as provided for in Annex XIII. The Commission shall transmit those data to the GFCM Secretariat by 30 June of each year.

Specific measures to address IUU fishing activities

Article 71

1.   Fishers or masters of authorised fishing vessels actively fishing in the Adriatic Sea shall declare all the catch and by–catch of the stocks listed in Article 66. The obligation to electronically declare catch shall apply from 1 January 2022, irrespective of the live weight of the catch, to vessels above 12 metres in LOA. 2.   Member States shall designate landing points where landings by vessels actively fishing for the species listed in Article 66 shall take place. For each designated landing point, Member States shall specify permitted landing and transhipping times and places. Member States shall also ensure inspection coverage of such activities during landing and transhipping times at all designated landing points on the basis of a risk analysis. 3.   It shall be prohibited to land or tranship from fishing vessels any quantity of catches included within the scope of this section, fished using otter-trawling, beam-trawling, bottom pair trawling and otter twin trawls in the Adriatic Sea at any place other than the landing points designated by Member States in accordance with paragraph 2. 4.   By 15 November of each year, Member States shall communicate to the Commission any change to the list of designated landing points where landings of stocks may take place as referred to in paragraph 2. By 30 November of each year, the Commission shall transmit those changes to the GFCM Secretariat.

Reporting of catches

Article 72

1.   Authorised trawl vessels, fishing within the scope of this section, shall be equipped with an appropriate system of geopositioning. Authorised trawl vessels above 12 metres in LOA shall be equipped with a VMS. For authorised trawl vessels below 12 metres in LOA, Member States shall communicate to the Commission the chosen system of geopositioning. 2.   All catches of key stocks listed in Article 66, irrespectively of the live weight of the catch, as well as catches of non-target species in excess of 50 kg, shall be reported in the logbook.

CHAPTER V — Small pelagic fisheries
Section I — Adriatic Sea

Scope

Article 73

This section applies to all fishing activities targeting small pelagic stocks, including sardine ( Sardina pilchardus ) and anchovy ( Engraulis encrasicolus ), in GSAs 17 and 18 as provided for in Annex I.

Management of fishing capacity

Article 74

1.   For the purposes of this Article, the reference fishing capacity for small pelagic stocks is that established on the basis of the lists of fishing vessels of the Member States concerned. Those lists include all fishing vessels equipped with trawl nets, purse seines or other types of surrounding nets without purse line, actively fishing under the scope of this section in 2014. 2.   Fishing vessels equipped with trawl nets and purse seines, irrespective of the LOA of the vessel concerned, are classified as fishing actively for small pelagic stocks when sardine and anchovy account for at least 50 % of the catch in live weight. 3.   Member States shall ensure that the overall fleet capacity of fishing vessels equipped with trawl nets or purse seines actively fishing within the scope of this section, as recorded in the national fleet register and the CFR, does not at any time exceed the reference fishing capacity as provided for in Table B of Annex XII. 4.   Paragraph 3 shall not apply to the national fleets of less than ten purse seiners or pelagic trawlers actively fishing for small pelagic stocks. In such cases, the capacity of active fleets may increase by no more than 50 % in number of vessels and in terms of GT and kW. 5.   Member States shall ensure that fishing vessels equipped with trawl nets and purse seines for small pelagic stocks as referred to in paragraph 2 do not operate for more than 20 fishing days per month and more than 180 fishing days per year. 6.   Any fishing vessel not included in the list of authorised fishing vessels referred to in paragraph 1 of this Article shall not be allowed to fish for, or, by way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, retain on board or land any quantity greater than 20 % of anchovy or sardine or of both anchovy and sardine if the fishing vessel is engaged on a fishing trip in GSAs 17 and/or 18. 7.   Member States shall communicate to the Commission any addition to, any deletion from or any modification of, the list of authorised fishing vessels referred to in paragraph 1 as soon as such addition, deletion or modification occurs. Those changes shall be without prejudice to the reference fishing capacity referred to in paragraph 1. The Commission shall forward that information to the GFCM Secretariat by 31 January of each year.

Control, monitoring and surveillance of fisheries for small pelagic stocks in the Adriatic Sea

Article 75

1.   By 1 October of each year, Member States shall communicate to the Commission their plans and programmes to ensure compliance with Article 74 through adequate monitoring and reporting, in particular of the monthly catches and fishing effort deployed. 2.   The Commission shall submit the information referred to in paragraph 1 to the GFCM Secretariat by 30 October of each year.

CHAPTER VI — Blackspot seabream

Scope

Article 76

This Chapter applies to all fishing activities targeting blackspot seabream ( Pagellus bogaraveo ) with longlines and handlines in the Alboran Sea in GSAs 1, 2 and 3 as provided for in Annex I.

Technical and conservation measures

Article 77

Member States involved in the blackspot seabream fishery may trial and adopt alternative gear or mitigation measures for gear or materials with a view to preventing negative impact on the seabed.

Fleet management measures

Article 78

1.   Member States shall establish a register of the fishing vessels authorised to operate with longlines and handlines and carry on board or land quantities of blackspot seabream. That register shall be maintained and updated. 2.   Fishing vessels targeting blackspot seabream shall only be allowed to catch or retain on board blackspot seabream if they hold a valid fishing authorisation issued by the competent authorities. The authorisation shall include the data set out in Annex VIII. 3.   Member States shall: (a) communicate to the Commission, by 31 January of each year, the list of operating vessels for which the authorisation has been delivered for the current or the following year(s); the Commission shall communicate the list to the GFCM Secretariat by the end of February of each year. The list shall contain the data set out in Annex VIII; (b) communicate to the Commission and the GFCM Secretariat, by 30 November of each year, a report on fishing activities carried out by the vessels referred to in paragraph 1, in an aggregated format, including the following minimum information: (i) number of fishing days, (ii) exploitation area, and (iii) catches of blackspot seabream per year. 4.   All vessels of more than 12 metres in LOA authorised to target blackspot seabream shall be equipped with a VMS or any other system of geo-localisation allowing control authorities to track their activities at all times during the fishing trip.

Control and enforcement measures

Article 79

1.   Member States shall designate landing points in which landing blackspot seabream is authorised and immediately communicate any update of that list to the Commission. The Commission shall transmit that list to the GFCM Secretariat. Landings of blackspot seabream shall only take place in designated landing points. 2.   Prior to entry into any port, except for small-scale vessels, and at least four hours before the estimated time of arrival, the fishers or their representative shall notify the relevant authorities of the following information: (a) estimated time of arrival; (b) external identification number and name of the fishing vessel; and (c) estimated live weight retained on board. 3.   The information referred to in paragraph 2 may be submitted by the fishers or their representatives up to one hour before the estimated time of arrival, where the fishing grounds are less than four hours away from the port of arrival. 4.   Without prejudice to Article 14 of Regulation (EC) No 1224/2009, fishers or masters of authorised fishing vessels actively fishing within the scope of this section shall report all daily catches, irrespective of the live weight of the catch and shall record or make estimations of the catches of that species. 5.   Each Member State shall establish a programme based on risk analysis, in order to verify the landings and validate the logbooks. 6.   Transhipment operations at sea shall be prohibited.

Scientific monitoring

Article 80

Based on the information transmitted by the Member States and the Commission to the GFCM Secretariat, the SAC shall provide updated information and advice on at least the following: (1) the characteristics of the fishing gear, inter alia, the characteristics of the fixed nets and the number, type and size of the hooks used in handlines and longlines; (2) the deployed fishing effort and catch levels by commercial fishing fleets; an estimation of catches of recreational fisheries; (3) the conservation and management reference points with a view to ensuring the sustainability of fisheries in line with the objective of maximum sustainable yield and low risk of stock collapse; (4) the socioeconomic effects of alternative management scenarios, including input/output control and/or technical measures, as identified by the GFCM and/or contracting parties; (5) possible spatial or temporal closures aimed at ensuring the sustainability of the stock and of the fisheries exploiting it; (6) the potential impact of recreational fisheries on the conservation status of blackspot seabream stock(s).

CHAPTER VII — Dolphinfish

Scope

Article 81

This Chapter applies to all commercial fishing activities targeting common dolphinfish ( Coryphaena hippurus ) using fish aggregating devices (FADs) throughout the Mediterranean Sea (GSAs 1 to 27).

Closed season

Article 82

1.   The common dolphinfish ( Coryphaena hippurus ) fisheries using FADs shall be prohibited from 1 January to 14 August of each year. 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 make use of 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. In that case, before the end of the year Member States shall submit to the Commission an application in respect of the number of days to be carried over. 3.   Paragraphs 1 and 2 shall also apply in the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006. 4.   The application referred to in paragraph 2 shall contain 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 and its CFR number. 5.   The Commission shall decide on applications of the kind referred to in paragraph 2 within 6 weeks from the date of receipt of an application and shall inform the Member State in writing of that decision. 6.   The Commission shall inform the GFCM Secretariat of decisions taken pursuant to paragraph 5. Before 1 November of each year, Member States shall send to the Commission a report on the carrying over of days lost in the previous year as referred to in paragraph 2. 7.   The Commission may adopt implementing acts as regards detailed rules for the format and transmission of the applications referred to in paragraph 4 and of the report on such carrying over referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 138(2).

Transitional management measures

Article 83

Member States considering starting to target common dolphinfish using FADs shall submit to the Commission their national measures once adopted and the Commission shall transmit those measures to the GFCM Secretariat without delay.

Scientific monitoring, adaptation and revision of management measures

Article 84

1.   Member States shall monitor the biological and environmental impact of FADs used by vessels flying their flag and exploiting common dolphinfish. 2.   With a view to facilitating the provision of advice by the SAC for the revision of the measures provided for in this Chapter, Member States shall collect the existing relevant data, including research survey data, in order to contribute to the SAC’s collation of data.

National management measures

Article 85

Member States targeting common dolphinfish using FADs and lacking national management measures shall adopt national management measures including at least the set of measures containing the elements listed in Annex IX.

Fishing authorisations

Article 86

1.   Fishing vessels authorised to participate in the common dolphinfish fishery shall be granted a fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009 and shall be included in a list containing the name of the vessel and its CFR number, which the Member State concerned shall provide to the Commission by 30 June of each year. The Commission shall communicate that list to the GFCM Secretariat by 31 July of each year. 2.   Vessels of less than 10 metres in LOA shall be required to have a fishing authorisation. This requirement shall also apply to the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006.

Reporting of FAD fishing activities

Article 87

1.   Without prejudice to Regulation (EU) 2017/1004 of the European Parliament and of the Council  ( 18 ) , Member States shall set up an appropriate system of collection and treatment of catch and fishing effort data. 2.   Member States shall report to the Commission by 15 January of each year the number of vessels involved in the fishery, as well as the total landings and transhipments of common dolphinfish carried out in the previous year by the fishing vessels flying their flag in each GSA of the GFCM Agreement area as set out in Annex I. 3.   The Commission may adopt implementing acts as regards detailed rules for the format and transmission of such reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 138(2). 4.   The Commission shall transmit the information received from the Member States to the GFCM Secretariat. 5.   Fishers or masters of authorised fishing vessels exploiting common dolphinfish within the scope of this section shall record their fishing activities with FADs.

FAD composition, location, maintenance and replacement

Article 88

1.   In cases where the surface structure of the FAD is covered with material, Member States shall ensure that the material concerned is removed or that the structure is covered only with material that involve minimal risk of entangling non-target species, especially vulnerable species, or affecting other vessels. 2.   FAD subsurface components shall be exclusively composed of materials that do not entangle non-target species. 3.   When designing FADs, biodegradable materials shall be prioritised. 4.   FADs shall be reliably located at their place of deployment. The design of FADs shall include an appropriate number of counterweights along the rope to ensure that the rope sinks to the sea bottom in the event that the raft section is detached and drifts away. 5.   Fishers or masters of fishing vessels exploiting common dolphinfish shall ensure that FADs are regularly maintained, replaced as necessary and removed when not in use. The replacement FADs shall be of the same type, design, construction, materials and identification as the FAD being replaced. Replacement anchored FADs shall be in the same position as the FAD being replaced. 6.   In the event of loss or impossibility to haul in a FAD, fishers or masters of fishing vessels shall record the last known position and its date. Fishing vessels exploiting common dolphinfish shall collect and report the last registered position of the lost FAD as well as the date of its last registered position, its identification number and any information allowing the identification of the FAD owner. 7.   Member States shall adopt all necessary measures to ensure that obsolete and unused FADs are retrieved. 8.   It shall be prohibited for a vessel flying the flag of a Member State to catch fish attracted by a FAD that has not been set by that vessel.

FAD identification and marking

Article 89

1.   Without prejudice to Article 8 of Regulation (EC) No 1224/2009, fishers or masters of fishing vessels exploiting common dolphinfish shall ensure that each FAD is marked in such a way that it can be readily identified. 2.   Each FAD shall be marked externally with the registration number of the fishing vessel(s) using it. Such marking shall be visible without dismounting the beacon, seawater-proof and legible throughout the entire lifespan of the beacon. Visibility distance must be the shortest possible.

CHAPTER VIII — Turbot

Scope

Article 90

This Chapter applies to all fishing activities targeting turbot ( Scophthalmus maximus ) in GSA 29 as provided for in Annex I.

Measures to prevent, deter and eliminate IUU fishing in turbot fisheries

Article 91

1.   By 20 January of each year, each Member State shall send to the Commission, through the accustomed data-processing support, a list of the vessels using bottom-set gillnets authorised to fish turbot in the Black Sea (GSA 29, as provided for in Annex I). By 31 January of each year, the Commission shall send that list to the GFCM Secretariat. 2.   The list indicated in paragraph 1 shall include, in addition to the data set out in Annex I to Implementing Regulation (EU) 2017/218, the following data: (a) GFCM registration number; (b) previous name (if any); (c) previous flag (if any); (d) previous details of deletion from other registers (if any); (e) main target species; (f) main gear used for turbot, fleet segment and operational unit as defined in the Task 1 statistical matrix set out in section C of Annex III; (g) time period authorised for fishing with gillnet or any other gear likely to fish turbot (if any of such authorisation). 3.   Upon request by the GFCM, Member States shall report information on the fishing vessels authorised to engage in a fishing activity in a given period. In particular, Member States shall report the names of the fishing vessels concerned, their external identification number and the fishing opportunities allocated to each of them. 4.   Unmarked abandoned gillnets used in turbot fisheries and found at sea shall be collected by the competent authorities of the coastal Member State. Subsequently, those nets shall either be seized until the owner is duly identified or destroyed if the owner cannot be identified. 5.   Each Member State concerned shall designate landing points, in which landings and transhipping of turbot caught in the Black Sea shall take place, in accordance with Article 43(5) of Regulation (EC) No 1224/2009. A list of such designated landing points shall be communicated to the GFCM Secretariat and the Commission not later than 30 November of each year. 6.   It shall be prohibited to land or tranship from fishing vessels any quantity of turbot caught in the Black Sea at any other place than the designated landing points referred to in paragraph 5.

National monitoring, control and surveillance plans for turbot fisheries

Article 92

1.   Member States shall establish national monitoring, control and surveillance plans (‘national plans’) in order to implement the provisions of Article 91 by ensuring, inter alia, a proper and accurate monitoring and recording of the monthly catches and/or fishing effort deployed. 2.   The following elements shall be contained in the national plans: (a) clear definition of the means of control, with description of human, technical and financial means specifically available for the implementation of the national plans; (b) clear definition of the inspection strategy (including inspection protocols), which shall concentrate on fishing vessels likely to catch turbot and associated species; (c) action plans for the control of markets and transport; (d) definition of inspection tasks and procedures, including the sampling strategy applied to verify the weighing of catches at first sale and the sampling strategy for vessels that are not subject to logbook/landing declaration rules; (e) explanatory guidelines for inspectors, producer organisations and fishers regarding the set of rules in place for fisheries likely to catch turbot, including: (i) rules for the completion of documents, including inspection reports, fishing logbooks, transhipment declarations, landing and take-over declarations, transport documents and sales notes; (ii) technical measures in force, including mesh size and/or mesh dimensions, minimum catch size, temporary restrictions; (iii) sampling strategies; (iv) cross-check mechanisms; (f) training of national inspectors with a view to carrying out the tasks referred to in Annex II. 3.   By 20 January of each year, the Member States shall communicate the national plans to the Commission or a body designated by it. The Commission or a body designated by it shall forward those plans to the GFCM Secretariat by 31 January of each year.

Scientific monitoring of turbot fisheries

Article 93

The Member States shall communicate to the SAC and the Commission, not later than 30 November of each year, any additional information in support of the scientific monitoring of turbot fisheries in the Black Sea.

Closure period during the spawning season of turbot

Article 94

1.   Within the period from April to June, each Member State shall establish each year, based on the scientific advice provided by the GFCM Working Group on the Black Sea (‘WGBS’), a closure period of at least two months during the spawning season of turbot. 2.   The closure period under paragraph 1 may be amended based on scientific advice provided by the WGBS. 3.   Member States may designate additional spatial or temporal restrictions in which fishing activities may be banned or restricted in order to protect aggregation areas of juveniles of turbot.

CHAPTER IX — Piked dogfish

Scope

Article 95

This Chapter applies to all fishing activities targeting piked dogfish ( Squalus acanthias ) in GSA 29 as provided for in Annex I.

Minimum conservation reference size for the piked dogfish

Article 96

Specimens of piked dogfish in the Black Sea smaller than 90 cm shall not be retained on board, transhipped, landed, stored, sold nor displayed or offered for sale. When accidentally caught, such specimens of piked dogfish shall be promptly released unharmed and alive, to the extent possible. Masters of fishing vessels shall record incidental taking, release and/or discarding events for piked dogfish in the logbook. Member States shall notify that information to the GFCM and the Commission within their annual reporting to the SAC and through the GFCM data collection framework.

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