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Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 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

EU Regulation No 51/2006 · Adopted 22 December 2005 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Regulation (EC) No 51/2006

of 22 December 2005

fixing for 2006 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policyf1, and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotasf2, and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocksf3, and in particular Articles 6 and 8 thereof,

Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stockf4, and in particular Article 5 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries (STECF).

(2)

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council, to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

(3)

In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.

(4)

The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5)

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.

(6)

In accordance with Article 2 of Regulation (EC) No 847/96 the stocks that are subject to the various measures referred to therein must be identified.

(7)

In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norwayf5, the Faroe Islandsf6 and Greenlandf7

(8)

The Community is a contracting party to several regional fisheries organisations. Those fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species. Such recommendations should therefore be implemented by the Community.

(9)

At its Annual Meeting in June 2005, the Inter-American Tropical Tuna Commission (IATTC) adopted catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna, and technical measures as regards the treatment of by-catches. Although the Community is not a member of the IATTC, it is necessary to implement those measures to ensure sustainable management of the resource under the jurisdiction of that Organisation.

(10)

At its Annual Meeting in 2005, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, the ICCAT adopted a Decision observing that during the year 2004, the Community had under-exploited its quota for several stocks.

(11)

In order to respect the adjustments to the Community quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs.

(12)

Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vesselsf8, Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fishf9, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyf10, Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resourcesf11, Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterraneanf12, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permitsf13, Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resourcesf14, Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organismsf15, Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States in the north-east Atlanticf16, Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumptionf17, Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocksf18, Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systemsf19, Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vesselsf20, Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory speciesf21, Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep -sea stocksf22 and Council Regulation (EC) No 2270/2004 of 22 December 2004 fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocksf23.

(13)

It is necessary, following the advice from the International Council for the Exploration of the Sea (ICES), to apply a temporary system to manage the catch limits of anchovy in Subarea VIII.

(14)

It is necessary, following the advice from the ICES, to apply a temporary system to manage the fishing effort on sandeel in ICES Subarea IV and Division IIIa North.

(15)

Having regard to the scientific knowledge as to the biological status of the blue whiting stock, and following the negotiations between the Coastal States on the management of that stock, it is necessary to modify the management areas while taking into account the specific characteristics of the fisheries concerned.

(16)

As a transitional measure in the light of the most recent scientific advice from the ICES, the fishing effort on certain deep-sea species should be further reduced.

(17)

For the adjustment of fishing effort limitations on cod as laid down in Regulation (EC) No 423/2004 alternative arrangements are proposed in order to manage fishing effort consistently with the TAC, as laid down in Article 8(3) of the said Regulation.

(18)

Scientific advice indicates that the stock of North Sea plaice is not fished sustainably and that levels of discards are very high. Scientific advice and advice from the North Sea Regional Advisory Council indicates that it is appropriate to adjust the fishing opportunities in terms of fishing effort of vessels targeting plaice.

(19)

For the stocks of sole in the Western channel, it is necessary to apply a provisional effort management scheme. For the cod stocks in the Kattegat, in the North Sea, the Skagerrak and the Western channel, in the Irish Sea and in the west of Scotland, and the stocks of hake and of Norway lobster in ICES Divisions VIIIc and IXa, the effort management scheme needs to be adapted.

(20)

Article 2 of Regulation (EC) No 1434/98 does not ensure that the catches of herring are limited to the catch limits fixed for the species. It is therefore necessary to introduce transitional measures ensuring an appropriate monitoring and counting of herring in unsorted landings.

(21)

Current fishing practices when fishing with gillnets in deep waters west of Scotland and Ireland involve the use of gillnets of excessive lengths, leading to excessive soak times and high discard rates. Nets lost or deliberately discarded may continue to fish for a number of years without being retrieved. Scientific investigations have demonstrated that this fishing practice constitutes a serious threat to deep-sea species, and transitional measures to prohibit the fishery should be implemented until more permanent measures are adopted.

(22)

In order to ensure sustainable exploitation of the hake stocks and to reduce discards, the latest developments on selective gears should be implemented as transitional measures in Subdivision VIII a, b, d.

(23)

At its Annual Meeting in 2004, the North East Atlantic Fisheries Commission (NEAFC) adopted a recommendation to restrict fishing within certain areas in order to protect vulnerable deep-sea habitats. This recommendation should be implemented by the Community.

(24)

In order to contribute to the conservation of octopus and in particular to protect the juveniles, it is necessary to establish, in 2006, a minimum size of octopus from the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region pending the adoption of a regulation amending Regulation (EC) No 850/98.

(25)

In November 2005 the NEAFC recommended placing a number of vessels on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries. Implementation of the recommendations in the Community legal order should be ensured.

(26)

At the Annual Meeting of the General Fisheries Commission of the Mediterranean (GFCM) in 2005, the GFCM adopted a recommendation on the management of certain fisheries exploiting deep-sea species and a recommendation concerning the establishment of a GFCM record of vessels of over 15 metres authorised to operate in the GFCM area. As the Community is a contracting party to the GFCM, these recommendations are binding on the Community and should therefore be implemented.

(27)

In order to contribute to the conservation of fish stocks, certain supplementary measures on control and technical conditions of fishing should be implemented in 2006.

(28)

Certain provisions should be introduced on the use of VMS data in order to provide for greater efficiency and effectiveness in the monitoring, control and surveillance of effort management.

(29)

In order to ensure that catches of blue whiting by third-country vessels in Community waters are correctly accounted for, it is necessary to strengthen the control provisions for such vessels.

(30)

Under Article 20 of Regulation (EC) No 2371/2002 it is incumbent upon the Council to decide on the conditions associated with the limits on catches and/or fishing effort limits. Scientific advice indicates that substantial catches in excess of agreed TACs result in the sustainability of fishing operations being prejudiced. It is therefore appropriate to introduce associated conditions that will result in improved implementation of the agreed fishing possibilities.

(31)

At its Annual Meeting in 2004, the ICCAT adopted a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia a new minimum size for bluefin tuna, restrictions on fishing within certain areas and time periods in order to protect bigeye tuna, measures concerning sport and recreational fishing activities in the Mediterranean Sea and the establishment of a sampling programme for the estimation of the size of the caged bluefin tuna. In order to contribute to the conservation of fish stocks it is necessary to implement these measures in 2006 pending the adoption of a regulation amending Regulation (EC) No 973/2001.

(32)

At its Annual Meeting in 2005, the South East Atlantic Fisheries Organisation (SEAFO) adopted a measure to place scientific observers on board all vessels operating in the Convention Area and targeting species not subject to the conservation and management regimes of other competent regional fisheries organisations from 1 January 2006. This measure is binding on the Community and should therefore be implemented.

(33)

At its 27th Annual Meeting of 19 to 23 September 2005, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of technical and control measures. It is necessary to implement these measures.

(34)

In order to comply with international obligations assumed by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2005-2006 season and the corresponding season limit dates should be applied.

(35)

At its XXIVth annual meeting in 2005, the CCAMLR adopted relevant catch limits for the stocks open to established fisheries by any CCAMLR Member. CCAMLR also approved the participation of Community vessels in exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2, 58.4.3a) and 58.4.3b) and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.

(36)

In order to ensure the livelihood of Community fishermen, and in order to avoid endangering resources and any possible difficulty due to the lapsing of Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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 requiredf24, it is essential to open these fisheries on 1 January 2006 and maintain in force in January 2006 some of the rules of the said Regulation. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities.

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 358, 31.12.2002, p. 59

f2

OJ L 115, 9.5.1996, p. 3

f3

OJ L 70, 9.3.2004, p. 8

f4

OJ L 150, 30.4.2004, p. 1

f5

OJ L 226, 29.8.1980, p. 48.

f6

OJ L 226, 29.8.1980, p. 12.

f7

OJ L 29, 1.2.1985, p. 9.

f8

OJ L 132, 21.5.1987, p. 9.

f9

OJ L 276, 10.10.1983 p. 1. Regulation as last amended by Regulation (EC) No 1965/2001 (OJ L 268, 9.10.2001, p. 23).

f10

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1954/2003 (OJ L 289, 7.11.2003, p. 1).

f11

OJ L 289, 7.11.2001, p. 1.

f12

OJ L 171, 6.7.1994, p. 1. Regulation as last amended by Regulation (EC) No 813/2004 (OJ L 150, 30.4.2004, p. 32).

f13

OJ L 171, 6.7.1994, p. 7.

f14

OJ L 97, 1.4.2004, p. 16.

f15

OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 602/2004 (OJ L 97, 1.4.2004, p. 30.

f16

OJ L 365, 31.12.1998, p. 1. Regulation as last amended by Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).

f17

OJ L 191, 7.7.1998, p. 10.

f18

OJ L 70, 9.3.2004, p. 8.

f19

OJ L 333, 20.12.2003, p. 17.

f20

OJ L 274, 25.9.1986, p. 1. Regulation as amended by Regulation (EC) No 3259/94 (OJ L 339, 29.12.1994, p. 11).

f21

OJ L 137, 19.5.2001 p. 1. Regulation as amended by Regulation (EC) No 831/2004 (OJ L 127, 29.4.2004, p. 33).

f22

OJ L 351, 28.12.2002, p. 6.

f23

OJ L 396, 31.12.2004, p. 4. Regulation as last amended by Regulation (EC) No 860/2005 (OJ L 134, 8.6.2005, p. 1).

f24

OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation (EC) No 1936/2005 (OJ L 311, 26.11.2005, p. 1).

Contents

  1. Chapter I: SCOPE AND DEFINITIONS
  2. 1Subject matter
  3. 2Scope
  4. 3Definitions
  5. 4Fishing zones
  6. Chapter II: FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS
  7. 5Catch limits and allocations
  8. 6Special provisions on allocations
  9. 7Fishing effort limits and associated conditions for the management of stocks
  10. 8Conditions for landing catches and by-catches
  11. 9Unsorted landings in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId
  12. 10Access limits
  13. 11Transitional technical and control measures
  14. Chapter III: CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS
  15. 12Transitional technical and control measures
  16. 13Authorisation
  17. 14Geographical restrictions
  18. 15Transit through Community waters
  19. 16Conditions for landing catches and by-catches
  20. Chapter IV: LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS
  21. 17Licences and associated conditions
  22. 18Faroe Islands
  23. Chapter V: LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS
  24. 19Obligation to have a licence and a special fishing permit
  25. 20Application for a licence and special fishing permit
  26. 21Number of licences
  27. 22Cancellation and withdrawal
  28. 23Failure to comply with relevant rules
  29. 24Obligations of the licence holder
  30. 25Specific provisions concerning the Department of French Guyana
  31. Chapter VI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA
  32. Community participation
  33. 26List of vessels
  34. Technical measures
  35. 27Mesh sizes
  36. 28Attachments to nets
  37. 29By-catches
  38. 30Minimum size of fish
  39. Control measures
  40. 31Product labelling and separate stowage
  41. 32Fishing and production logbooks and stowage plan
  42. 33Carrying of nets
  43. 34Trans-shipment
  44. 35Chartering of Community vessels
  45. 36Monitoring of fishing effort
  46. Special requirements for data collection
  47. 37Data collection
  48. Special provisions for Northern prawns
  49. 38Northern prawn fisheries
  50. Special provisions for redfish
  51. 39Redfish fishery
  52. Chapter VII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR
  53. Restrictions and vessel information requirements
  54. 40Prohibitions and catch limitations
  55. 41Information requirements relating to vessels authorised to fish in the Area of CCAMLR
  56. Exploratory fisheries
  57. 42Participation in exploratory fisheries
  58. 43Reporting systems
  59. 44Special requirements
  60. 45Definition of hauls
  61. 46Research plans
  62. 47Data collection plans
  63. 48Tagging programme
  64. 49Scientific observers
  65. Chapter VIII: FINAL PROVISIONS
  66. 50Data transmission
  67. 51Entry into force
  68. Signature
  69. Annex ICATCH 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)
  70. Annex IASKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS ICES areas Vb (EC waters), VI, VII, VIII, IX, X, CECAF (EC waters), and French Guyana
  71. Annex IBNORTH EAST ATLANTIC AND GREENLAND
  72. Annex ICNORTH WEST ATLANTIC
  73. Annex IDHIGHLY MIGRATORY FISH — All Areas
  74. Annex IE: ANTARCTIC
  75. Division
  76. Annex II
  77. ANNEX IIA
  78. 1Scope
  79. Definitions of geographical areas
  80. 2.1For the purposes of this Annex, the geographical area, representing all of following areas, shall apply:
  81. 2.2For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition of ICES Division VIa shall apply:
  82. 3Definition of days present within an area
  83. 4Definition of fishing gear
  84. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
  85. 5Obligations of the Member States
  86. Levels of fishing effort
  87. 6.1A Member State shall not permit fishing with a gear defined in point 4 in any areas defined in point 2 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004 or 2005 in that area excluding the record of fishing activities as a result of transfer of days between fishing vessels unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area in question.
  88. 6.2Division 6.2
  89. 7Calculation of fishing effort
  90. Maximum number of days
  91. 8.1For the purpose of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:
  92. 8.2Division 8.2
  93. 8.3Division 8.3
  94. 8.4Division 8.4
  95. 8.5Division 8.5
  96. Management periods
  97. 9.1Division 9.1
  98. 9.2Division 9.2
  99. 9.3Division 9.3
  100. Allocation of additional days for permanent cessation of fishing activities
  101. 10.1Division 10.1
  102. 10.2Division 10.2
  103. 10.3Division 10.3
  104. 10.4Division 10.4
  105. Allocation of additional days for enhanced observer coverage
  106. 11.1Division 11.1
  107. 11.2Division 11.2
  108. 11.3Division 11.3
  109. Conditions for derogations from the normal allocation of days
  110. 12.1Division 12.1
  111. 12.2Division 12.2
  113. 13Division 13
  114. EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN AN AREA
  115. Transfer of days between fishing vessels flying the flag of a Member State
  116. 14.1Division 14.1
  117. 14.2The total number of days present within an area referred to in point 2 under point 14.1. multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record excluding transfers from other vessels in that area as verified by the Community logbook in the years 2001, 2002, 2003 and 2004 multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the area definition of West of Scotland as defined in point 2.2 its track record calculation will be based on this area definition.
  118. 14.3For the purposes of this Annex and referring to the areas defined in point 2 and the groupings of fishing gears defined in point 4, the following transfer groups shall be defined:
  119. 14.4Division 14.4
  120. 14.5Division 14.5
  121. 14.6Division 14.6
  122. 15Transfer of days between fishing vessels flying the flag of different Member States
  123. USE OF FISHING GEAR
  124. 16Notification of fishing gear
  125. Use of more than one grouping of fishing gear
  126. 17.1Division 17.1
  127. 17.2Division 17.2
  128. 17.2.aDivision 17.2.a
  129. 17.2.bAt any moment, a vessel may use one of the gear groupings notified, which have a limited number of days, subject to the condition that the total number of days spent fishing with whichever gear grouping since the beginning of the year shall be:
  130. 17.2.cDivision 17.2.c
  131. 17.3The option to use more than one gear shall only be available if the following additional monitoring arrangements are met:
  132. 17.4Division 17.4
  133. 18Combined use of regulated and unregulated fishing gear
  134. Prohibition of carrying on board more than one regulated fishing gear
  135. 19.1Division 19.1
  136. 19.2Division 19.2
  137. NON-FISHING RELATED ACTIVITIES AND TRANSIT
  138. 20Non-fishing related activities
  139. 21Transit
  140. VESSEL MONITORING SYSTEMS OBLIGATIONS
  141. 22Recording of relevant data
  142. 23Cross-checks
  143. REPORTING OBLIGATIONS
  144. 24Collection of relevant data
  145. Communication of relevant data
  146. 25.1Division 25.1
  147. 25.2Division 25.2
  148. Appendix 1 to Annex IIA
  149. 1Division 1
  150. 2Division 2
  151. 3Division 3
  152. 3.1Division 3.1
  153. 3.2Division 3.2
  154. 3.3Division 3.3
  155. Appendix 2 to Annex IIA
  156. 1Division 1
  157. 2Division 2
  158. 3Division 3
  159. 3.1Division 3.1
  160. 3.2Division 3.2
  161. 3.3Division 3.3
  162. 3.4Division 3.4
  163. 4Division 4
  164. Appendix 3 to Annex IIA
  165. 1Division 1
  166. 2Division 2
  167. 3Division 3
  168. 3.1Division 3.1
  169. 3.2Division 3.2
  170. 3.3Division 3.3
  171. ANNEX IIB
  172. 1Scope
  173. 2Definition of days present within an area
  174. 3Definition of fishing gear
  175. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
  176. 4Obligations of the Member States
  177. Levels of fishing effort
  178. 5.1A Member State shall not permit fishing with a gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002,2003, 2004 or 2005 in the area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.
  179. 5.2Division 5.2
  180. 6Calculation of fishing effort
  181. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS
  182. Maximum number of days
  183. 7.1For the purposes of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:
  184. 7.2Division 7.2
  185. Management periods
  186. 8.1Division 8.1
  187. 8.2Division 8.2
  188. 8.3Division 8.3
  189. Allocation of additional days for permanent cessations of fishing activities
  190. 9.1Division 9.1
  191. 9.2Division 9.2
  192. 9.3Division 9.3
  193. Allocation of additional days for enhanced observer coverage
  194. 10.1Division 10.1
  195. 10.2Division 10.2
  196. 10.3Division 10.3
  197. Conditions for derogations from the normal allocation of days
  198. 11.1Division 11.1
  199. 11.2Division 11.2
  200. 11.3Division 11.3
  201. EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE AREA
  202. Transfer of days between vessels flying the flag of a Member State
  203. 12.1Division 12.1
  204. 12.2Division 12.2
  205. 12.3Division 12.3
  206. 12.4Division 12.4
  207. 12.5Division 12.5
  208. 13Transfer of days between fishing vessels flying the flag of different Member States
  209. USE OF FISHING GEAR
  210. Notification of fishing gear
  211. 14.1Division 14.1
  212. 14.2Division 14.2
  213. 15Combined use of regulated and unregulated fishing gear
  214. 16Transit
  215. MONITORING, INSPECTION AND SURVEILLANCE
  216. 17Recording of relevant data
  217. 18Cross-checks
  218. REPORTING OBLIGATIONS
  219. 19Collection of relevant data
  220. Communication of relevant data
  221. 20.1Division 20.1
  222. 20.2Division 20.2
  223. ANNEX IIC
  224. Scope
  225. 1.1Division 1.1
  226. 1.2Vessels fishing with static nets greater than 120 mm and with track records of less than 300 kg live weight of sole according to the EC logbook in 2004 shall be exempt from the provisions of this Annex on the conditions that:
  227. 2Definition of days present within an area
  228. 3Definition of fishing gear
  229. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
  230. 4Obligations of the member States
  231. Levels of fishing effort
  232. 5.1A Member State shall not permit fishing with a gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004 or 2005 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.
  233. 5.2Division 5.2
  234. 6Calculation of the fishing effort
  235. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS
  236. Maximum number of days
  237. 7.1Division 7.1
  238. 7.2Division 7.2
  239. Management periods
  240. 8.1Division 8.1
  241. 8.2Division 8.2
  242. 8.3Division 8.3
  243. Allocation of additional days for permanent cessations of fishing activities
  244. 9.1Division 9.1
  245. 9.2Division 9.2
  246. 9.3Division 9.3
  247. Allocation of additional days for enhanced observer coverage
  248. 10.1Division 10.1
  249. 10.2Division 10.2
  250. 10.3Division 10.3
  251. Conditions for derogations from the normal allocation of days Repealed
  252. 11.1Division 11.1 Repealed
  253. 11.2Division 11.2 Repealed
  254. 11.3Division 11.3 Repealed
  255. EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE AREA
  256. Transfer of days between fishing vessels flying the flag of a Member State
  257. 12.1Division 12.1
  258. 12.2Division 12.2
  259. 12.3Division 12.3
  260. 12.4Division 12.4
  261. 13Transfer of days between fishing vessels flying the flag of different Member States
  262. USE OF FISHING GEAR
  263. 14Notification of fishing gear
  264. 15Non-fishing related activities.
  265. 16Transit
  266. MONITORING, INSPECTION AND SURVEILLANCE
  267. 17Fishing effort messages
  268. 18Recording of relevant data
  269. 19Cross-checks
  270. 20Alternative control measures
  271. 21Prior notification of transhipments and landings
  272. 22Margin of tolerance in the estimation of quantities reported in the logbook
  273. 23Separate stowage
  274. Weighing
  275. 24.1Division 24.1
  276. 24.2Division 24.2
  277. 25Transport
  278. 26Specific monitoring programme
  279. REPORTING OBLIGATIONS
  280. 27Collection of relevant data
  281. Communication of relevant data
  282. 28.1Division 28.1
  283. 28.2Division 28.2
  284. ANNEX IID
  285. 1Division 1
  286. 2For the purposes of this Annex a day present within the area shall be:
  287. 3Each Member State concerned shall, not later than 1 March 2006, establish a data base containing for Subarea IV and Division IIIa, for each of the years 2002, 2003 and 2004 and for each vessel flying its flag or registered within the Community which have been fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, the following information:
  288. 4The following quantities shall be calculated by each Member State:
  289. 5Division 5
  290. 6The maximum number of kilowatt-days referred to in point 5 and the TAC and quotas for sandeel in zones IIa (EC waters), IIIa, and IV (EC waters) as laid down in Annex I to this Regulation shall be revised by the Commission as early as possible based on advice from the STECF on the size of the 2005 year class of North Sea sandeel, in accordance with the following rules:
  291. Annex III: TRANSITIONAL TECHNICAL AND CONTROL MEASURES
  292. Part A: North Atlantic including the North Sea, Skagerrak and Kattegat
  293. Landing and weighing procedures for herring, mackerel and horse mackerel
  294. Scope
  295. 1.1.1The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in:
  296. Designated ports
  297. 1.2.1Division 1.2.1
  298. 1.2.2Division 1.2.2
  299. Entry to port
  300. 1.3.1The master of a fishing vessel referred to in point 1.1.1. or his agent shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing of the Member State concerned of the following:
  301. Discharge
  302. 1.4.1Division 1.4.1
  303. Logbook
  304. 1.5.1By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook to the competent authority at the port of landing.
  305. Weighing of fresh fish
  306. 1.6.1Division 1.6.1
  307. 1.6.2Division 1.6.2
  308. Weighing of fresh fish after transport
  309. 1.7.1By way of derogation from point 1.6.1. Member States may permit fresh fish to be weighed after transport from the port of landing provided that the fish is transported to a destination on the territory of the Member State no more than 100 kilometres from the port of landing and that:
  310. Weighing of frozen fish
  311. 1.8.1Division 1.8.1
  312. 1.8.2Division 1.8.2
  313. Sales note and take-over declaration
  314. 1.9.1Division 1.9.1
  315. Weighing facilities
  316. 1.10.1Division 1.10.1
  317. 1.10.2In cases where privately operated weighing facilities are used the system shall be approved, calibrated and sealed by the competent authorities and be subject to the following provisions:
  318. 1.11Access by competent authorities
  319. Cross checks
  320. 1.12.1The competent authorities shall carry out administrative cross checks on all landings between the following:
  321. Full inspection
  322. 1.13.1The competent authorities of a Member State shall ensure that at least 15 % of the quantities of fish landed and at least 10 % of the landings of fish are subject to full inspections which shall include at least the following:
  323. Documentation
  324. 1.14.1Division 1.14.1
  325. 2Fishing for herring in ICES Division IIa (EC waters)
  326. 3Technical conservation measures in the Skagerrak and in the Kattegat
  327. Restrictions on fishing for Cod
  328. 4.1ICES Division VIa
  329. 4.2ICES Divisions VII f and g
  330. 4.3By way of derogation from points 4.1. and 4.2. it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that:
  331. 4.4By way of derogation from points 4.1. and 4.2., 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:
  332. Closure of an area for sandeel fisheries
  333. 5.1It 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:
  334. 5.2Division 5.2
  335. 6Rockall Haddock box
  336. 7Technical conservation measures in the Irish Sea
  337. Use of gillnets in ICES Divisions VIa, b and VIIb, c, j, k and Subarea XII
  338. 8.1Division 8.1
  339. 8.2Division 8.2
  340. 8.3Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in:
  341. 8.4Division 8.4
  342. 8.5Division 8.5
  343. 9Condition for fisheries with certain towed gears authorized in the Bay of Biscay
  344. 10Fishing effort for deep sea species
  345. 10.1Division 10.1
  346. 10.2Division 10.2
  347. 11Interim measures for the protection of vulnerable deep-sea habitats
  348. 12CECAF
  349. Vessels engaged in illegal, unreported and unregulated fisheries in the North-East Atlantic
  350. 13.1The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries (the Convention) that have been sighted engaging in fishing activities in the Regulatory Area of the Convention and placed by the North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be undermining the Recommendations established under the Convention. The following measures shall apply to these vessels:
  351. 13.2Vessels that have been placed by the North-East Atlantic Fisheries Commission NEAFC on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels) are listed in Appendix 4. In addition to the measures referred to in point 13.1 the following measures shall apply to these vessels:
  352. 13.3Division 13.3
  353. 14Electric Fishing
  354. Part B: Mediterranean
  355. 15Temporary measure for mesh size and fishery activities
  356. 16Dredges and trawl nets in deep-sea fisheries
  357. Establishment of GFCM record of vessels over 15 m
  358. 17.1Division 17.1
  359. 17.2The list indicated in paragraph 17.1. shall include the following information:
  360. 17.3Division 17.3
  361. 17.4Division 17.4
  362. 17.5Division 17.5
  363. 17.6Member States shall take the necessary measures to ensure that:
  364. 17.7Division 17.7
  365. 17.8Division 17.8
  366. Part C: Eastern Pacific Ocean
  367. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)
  368. 18.1The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares), Bigeye Tuna (Thunnus obesus) and Skipjack Tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 11 September 2006, or, 20 November to 31 December 2006 in the area defined by the following limits:
  369. 18.2Division 18.2
  370. 18.3Division 18.3
  371. 18.4Division 18.4
  372. 19The following specific measures to encircled or entangled sea turtles shall apply:
  373. Part D: Highly migratory fish in Eastern Atlantic and the Mediterranean
  374. Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea
  375. 20.1Division 20.1
  376. 20.2Division 20.2
  377. 21Minimum size for bigeye tuna
  378. Restrictions on the use of certain types of vessels and gears
  379. 22.1In order to protect the bigeye stock, in particular juvenile fish, fishing by purse seiners and baitboats shall be prohibited during the period and in the area specified in points (a) and (b) below;
  380. 22.2Division 22.2
  381. Measures concerning sport and recreational fishing activities in the Mediterranean Sea
  382. 23.1Division 23.1
  383. 23.2Division 23.2
  384. 24Sampling plan for bluefin Tuna
  385. Part E: South-east Atlantic
  386. SEAFO
  387. 25.1Division 25.1
  388. 25.2Division 25.2
  389. 25.3Division 25.3
  390. 25.4Division 25.4
  391. 1 to Annex IIITOWED GEARS: Skagerrak and Kattegat
  392. 2 to Annex IIISpecifications of the Sorting grid for 70 mm trawl fishery in Skagerrak and Kattegat
  393. 3 to Annex IIICondition for fisheries with certain towed gears authorized in ICES Subareas III, IV, V, VI and VII and ICES divisions VIII a, b, d, e
  394. 4 to Annex IIIAppendix 4 to Annex III
  395. Annex IV
  396. IQuantitative limitations of licences and fishing permits for Community vessels fishing in third country waters
  397. IIQuantitative limitations of licences and fishing permits for third country fishing vessels in Community waters
  398. IIIDeclaration pursuant to Article 25(2)
  399. Annex V
  400. IInformation to be recorded in the logbook
  401. IIPart II
  402. Annex VI: CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION
  403. 1The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows:
  404. 2Form of the communication
  405. 3Communication scheme
  406. 4Name of the radio station
  407. 5Code to be used to indicate the species
  408. 6Codes to be used to indicate the relevant area
  409. 7In 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:
  410. Annex VIILIST OF SPECIES
  411. Annex VIII
  412. AUTHORISED TOPSIDE CHAFERS
  413. 1ICNAF-type topside chafer
  414. 2Multiple flap-type topside chafer
  415. POLISH CHAFER
  416. 3Large-mesh (modified Polish-type) topside chafer
  417. Annex IXSHRIMP TRAWL TOGGLE CHAINS: NAFO AREA
  418. Annex XAnnex X
  419. Annex XI: RECORDING OF CATCH (LOGBOOK ENTRIES)
  420. Division
  421. Division
  422. FISHING VESSEL CODES
  423. AMain Vessel Types
  424. BMain vessel activities
  425. Annex XIINAFO AREA
  426. Annex XIIIAnnex XIII
  427. Annex XIVCATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2005/06