Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (revoked)
EU Regulation No 40/2008 · Adopted 16 January 2008 · Extends to United Kingdom
Council Regulation (EC) No 40/2008
of 16 January 2008
fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (revoked)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations to the whole text
Textual amendments
- F1
Regulation revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 2 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2
Contents
- Chapter I: SCOPE AND DEFINITIONS Repealed
- 1Subject matter Repealed
- 2Scope Repealed
- 3Definitions Repealed
- 4Fishing zones Repealed
- Chapter II: FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS Repealed
- 5Catch limits and allocations Repealed
- 6Prohibited species Repealed
- 7Special provisions on allocations Repealed
- 8Fishing effort limits and associated conditions for the management of stocks Repealed
- 9Conditions for landing catches and by-catches Repealed
- 10Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa Repealed
- 11Access limits Repealed
- 12Determination of mesh size and twine thickness Repealed
- 13Transitional technical and control measures Repealed
- Chapter III: CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS Repealed
- 14Authorisation Repealed
- 15Prohibited species Repealed
- 16Geographical restrictions Repealed
- 17Transit through Community waters Repealed
- 18Conditions for landing catches and by-catches Repealed
- 19Transitional technical and control measures Repealed
- Chapter IV: LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS Repealed
- 20Licences and associated conditions Repealed
- 21Faroe Islands Repealed
- Chapter V: LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS Repealed
- 22Obligation to have a licence and a special fishing permit Repealed
- 23Application for a licence and special fishing permit Repealed
- 24Number of licences Repealed
- 25Cancellation and withdrawal Repealed
- 26Failure to comply with relevant rules Repealed
- 27Obligations of the licence holder Repealed
- 28Specific provisions concerning the Department of French Guyana Repealed
- Chapter VI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA Repealed
- 29Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs) Repealed
- 30Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats Repealed
- 31Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries Repealed
- Chapter VII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA Repealed
- 32Catch reporting Repealed
- 33Additional control measures Repealed
- 34Coral protection zone Repealed
- Chapter VIII: SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FROZEN FISH CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA Repealed
- 35Port State control Repealed
- 36Designated ports Repealed
- 37Prior notice of entry into port Repealed
- 38Authorisation to land or tranship Repealed
- 39Inspections Repealed
- 40Inspection reports Repealed
- Chapter IX: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA Repealed
- Restrictions and vessel information requirements Repealed
- 41Prohibitions and catch limitations Repealed
- Exploratory fisheries Repealed
- 42Rules of conduct for exploratory fisheries Repealed
- 43Participation in exploratory fisheries Repealed
- 44Reporting systems Repealed
- 45Definition of hauls Repealed
- 46Research plans Repealed
- 47Data collection plans Repealed
- 48Tagging programme Repealed
- 49Scientific observers Repealed
- 50Notifications of intent to participate in a krill fishery Repealed
- 51Precautionary catch limitations on krill fishery for certain sub areas Repealed
- 52Data Reporting System for krill fisheries Repealed
- 53Certain limits on the exploratory fishery for Dissostichus spp. Repealed
- 54Interim prohibition of deep-sea gillnetting Repealed
- 55Minimisation of the incidental mortality of seabirds Repealed
- 56Closure of all fisheries Repealed
- Chapter X: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA Repealed
- Authorisation of vessels Repealed
- 57Authorisation of vessels Repealed
- 58Obligations for authorised vessels Repealed
- 59Unauthorised vessels Repealed
- Transhipments Repealed
- 60Prohibition of transhipments at sea Repealed
- 61In-port Transhipments Repealed
- Conservation measures for the management of vulnerable deep-water habitats and ecosystems Repealed
- 62Closed areas Repealed
- 63Resumption of fishing in a closed area Repealed
- Measures on reducing incidental by-catch of seabirds Repealed
- 64Information on interactions with seabirds Repealed
- 65Mitigation measures Repealed
- Control Repealed
- 66Special Provisions for Patagonian Toothfish (Dissostichus eleginoides) Repealed
- 67Special Provisions for Deep-sea Red Crab (Chaceon spp) Repealed
- 68Communication of vessel movements and catches Repealed
- 69Scientific observation and collection of information to support stock assessment Repealed
- 70Sightings of non-Contracting Party vessels Repealed
- Chapter XI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA Repealed
- 71Reduction of sea-birds by-catch Repealed
- 72Limitation of fishing capacity of vessels fishing for tropical tunas Repealed
- 73Limitation of fishing capacity of vessels fishing for swordfish or albacore Repealed
- Chapter XII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA Repealed
- 74Pelagic fisheries — Capacity limitation Repealed
- 75Bottom fisheries Repealed
- 76Data collection and sharing Repealed
- Chapter XIII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE WCPFC AREA Repealed
- 77Fishing effort limitations Repealed
- 78Management plans for the use of FADs Repealed
- 79Maximum number of vessels fishing for swordfish Repealed
- Chapter XIV: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE ICCAT AREA Repealed
- 80Reduction of sea-birds by-catch Repealed
- 81Establishment of a closed area/season for the swordfish fisheries in Mediterranean Sea Repealed
- 82Sharks Repealed
- 82aMaximum number of vessels fishing bluefin tuna in the Eastern Atlantic Repealed
- 82bCatch limits for bluefin tuna in the Eastern Atlantic Repealed
- 82cCatch limits for bluefin tuna in the Eastern Atlantic applicable to the Community coastal fishery Repealed
- Chapter XV: ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES Repealed
- 83North Atlantic Repealed
- Chapter XVI: FINAL PROVISIONS Repealed
- 84Data transmission Repealed
- 85Entry into force Repealed
- Signature
- 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) Repealed
- SKAGERRAK, KATTEGAT, ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EC waters of CECAF, French Guyana waters Repealed
- NORTH EAST ATLANTIC AND GREENLAND Repealed
- ANNEX ICNORTH WEST ATLANTIC Repealed
- ANNEX IDHIGHLY MIGRATORY FISH — All areas Repealed
- ANNEX IEANTARCTIC Repealed
- ANNEX IFSOUTH-EAST ATLANTIC OCEAN Repealed
- Annex IIAnnex II Repealed
- ANNEX IIAFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId AND EC WATERS OF ICES ZONE IIa Repealed
- 1 to Annex IIAAppendix 1 to Annex IIA Repealed
- 2 to Annex IIAAppendix 2 to Annex IIA Repealed
- 3 to Annex IIAAppendix 3 to Annex IIA Repealed
- ANNEX IIBAppendix ANNEX IIB Repealed
- ANNEX IICFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe Repealed
- ANNEX IIDFISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIa AND IV AND IN EC WATERS OF ICES ZONE IIa Repealed
- Annex III: TRANSITIONAL TECHNICAL AND CONTROL MEASURES Repealed
- Part A: North Atlantic including the North Sea, Skagerrak and Kattegat Repealed
- 1Fishing for Herring in EC waters of ICES zone IIa Repealed
- 2Technical conservation measures in the Skagerrak and in the Kattegat Repealed
- Electric fishing in ices zones IVc and IVb Repealed
- 3.1By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical pulse current shall be allowed in ICES zones IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system: Repealed
- 3.2The following measures shall apply in 2008: Repealed
- Closure of an area for sandeel fisheries in ices zone IV Repealed
- 4.1It 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: Repealed
- 4.2Division 4.2 Repealed
- 5Rockall Haddock box in ices zone VI Repealed
- Restrictions on fishing for cod in ICES zones VI and VII Repealed
- 6.1ICES zone VIa Repealed
- 6.2ICES zones VII f and g Repealed
- 6.3By way of derogation from points 6.1. and 6.2. it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that: Repealed
- 6.4By way of derogation from points 6.1. and 6.2., it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that: Repealed
- Technical conservation measures in the Irish Sea Repealed
- 7.1In the period from 14 February 2008 to 30 April 2008 it shall be prohibited to use any demersal trawl, seine or similar towed net, any gill net, trammel net, tangle net or similar static net or any fishing gear incorporating hooks within that part of ICES division VIIa enclosed by: Repealed
- 7.2By way of derogation from point 7.1, within the area and time period referred to therein: Repealed
- 7.3Division 7.3 Repealed
- Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII Repealed
- 8.1Division 8.1 Repealed
- 8.2Division 8.2 Repealed
- 8.3Division 8.3 Repealed
- 8.4By way of derogation from point 8.3 it shall be permitted to use the following gear: Repealed
- 8.5Division 8.5 Repealed
- 8.6Division 8.6 Repealed
- 8.7Division 8.7 Repealed
- 8.8The naval services or other competent authorities shall have the right to remove unattended gear at sea in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII east of 27° W in the following situations: Repealed
- 8.9The master of a vessel with a fixed net permit referred to in point 8.6 shall be recorded in the logbook the following information during each fishing trip: Repealed
- 8.10Division 8.10 Repealed
- 8.11Division 8.11 Repealed
- Reduction of whiting discards in the North Sea Repealed
- 9.1Division 9.1 Repealed
- 9.2Division 9.2 Repealed
- 9.3Division 9.3 Repealed
- Reduction of cod discards in the North Sea Repealed
- 1Division 1 Repealed
- 2Division 2 Repealed
- Condition for fisheries with certain towed gears authorised in the Bay of Biscay, ICES zones III, IV, V, VI, VII and VIIIa, b, d, e Repealed
- 10.1Division 10.1 Repealed
- 10.2Division 10.2 Repealed
- 11Restrictions on fishing for roundnose grenadier in ICES zone IIIa Repealed
- 12Fishing effort for deep sea species Repealed
- Interim measures for the protection of vulnerable deep-sea habitats Repealed
- 13.1It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: Repealed
- 13.2It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: Repealed
- 13.3Division 13.3 Repealed
- 13.4Division 13.4 Repealed
- 13.5Division 13.5 Repealed
- 13.6Division 13.6 Repealed
- 13.7Division 13.7 Repealed
- 13.8Division 13.8 Repealed
- 14Minimum size of Short-necked clam Repealed
- Part B: Eastern Central Atlantic Repealed
- 15Minimum size for octopus Repealed
- 16Condition for certain creel fisheries in zone IXa (West Galicia) Repealed
- 17Conditions for fishing for herring in zone VIa (Butt of Lewis) Repealed
- Part C: Eastern Pacific Ocean Repealed
- Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC) Repealed
- 18.1The fishing by purse-seine vessels for zellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 11 September 2008, or, 20 November to 31 December 2008 in the area defined by the following limits: Repealed
- 18.2Division 18.2 Repealed
- 18.3Division 18.3 Repealed
- Part D: Eastern Pacific Ocean and Western and Central Pacific Ocean Repealed
- 19Special measures for the Eastern, Western and Central Pacific Ocean Repealed
- 20Specific measures applying to encircled or entangled sea turtles Repealed
- Part E: North East Atlantic Repealed
- 21Special measures for the redfish fishery in international waters of ICES zones I and II Repealed
- TOWED GEARS: Skagerrak and Kattegat Repealed
- 2 to Annex IIISpecifications for the Sorting grid for 70 mm trawl fishery Repealed
- 3 to Annex IIICondition for fisheries with certain towed gears authorised in the Bay of Biscay, ICES zones III, IV, V, VI, VII and VIIIa, b, d, e Repealed
- Annex IV Repealed
- IQuantitative limitations of licences and fishing permits for Community vessels fishing in third country waters Repealed
- IIQuantitative limitations of licences and fishing permits for third-country fishing vessels in Community waters Repealed
- IIIDeclaration pursuant to Article 25(2) Repealed
- Annex V Repealed
- IInformation to be recorded in the logbook Repealed
- IIPart II Repealed
- Annex VI: CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION Repealed
- The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows: Repealed
- 1.1On each occasion a vessel commences a fishing trip in Community waters it shall send a ‘catch on entry’ message specifying the following Repealed
- 1.2On each occasion a vessel terminates a fishing trip in Community waters it shall send a ‘catch on exit’ message specifying the following: Repealed
- 1.3At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and in weekly intervals, commencing the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel, a ‘catch report’ message has to be sent, specifying: Repealed
- 1.4Whenever a trans-shipment is planned between the ‘catch on entry’ and ‘catch on exit’ message and apart from the ‘catch report’ messages, an additional ‘trans-shipment’ message has to be sent minimum 24 hours in advance, specifying: Repealed
- 2Form of the communication Repealed
- Communication scheme Repealed
- 3.1Division 3.1 Repealed
- 3.2Division 3.2 Repealed
- 3.3In the case a Flag State has the technical capability to send all above messages and contents in the so-called NAF-format on behalf of its operating vessels, that Flag State may — after bilateral agreement between the Flag State and the Commission — transmit this information via a secured transmission protocol to the Commission of the European Communities in Brussels. In that case, some extra information will be added — as a kind of envelope — to the transmission (after the AD information) Repealed
- 4Name of the radio station Repealed
- 5Code to be used to indicate the species Repealed
- 6Codes to be used to indicate the relevant area. Repealed
- Repealed
- Annex VIICLOSED AREA IN NAFO DIVISION 3O Repealed
- Annex VIII Repealed
- IPort State control forms Repealed
- IIPart II Repealed
- Products and packing Repealed
- Annex IXPROHIBITION OF DIRECTED FISHING IN CCAMLR AREA Repealed
- Annex XCATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2007/08 Repealed
- Annex XINOTIFICATION OF INTENT TO PART ICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA Repealed
- Annex XII Repealed
- ISEAFO transhipment declaration Repealed
- Part II: Guidelines for Design and Deployment of Tori Lines Repealed
- 1Division 1 Repealed
- Tori Line Design Repealed
- 2.1Division 2.1 Repealed
- 2.2Division 2.2 Repealed
- 2.3Division 2.3 Repealed
- 2.4Division 2.4 Repealed
- 2.5Division 2.5 Repealed
- 2.6Division 2.6 Repealed
- 2.7Division 2.7 Repealed
- Deployment of Tori Lines Repealed
- 3.1Division 3.1 Repealed
- 3.2Division 3.2 Repealed
- 3.3Division 3.3 Repealed
- 3.4Division 3.4 Repealed
- 3.5When fishers use a bait casting machine (BCM) they must ensure co-ordination of the tori line and machine by: Repealed
- 3.6Division 3.6 Repealed
- Annex XIII: Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic Repealed
- 1The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries (hereinafter referred to as ‘the Convention’) that have been sighted engaging in fishing activities in the NEAFC Convention Area and placed by the North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be undermining the Recommendations established under the Convention. The following measures shall apply to these vessels: Repealed
- 2In addition to the measures referred to in point 1, the following measures shall apply to vessels that have been placed by NEAFC on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels): Repealed
- 3Division 3 Repealed
- 4Division 4 Repealed
- Repealed
- Annex XIV: RESOLUTION GFCM 31/2007/2 Repealed
- ESTABLISHMENT OF GEOGRAPHICAL SUB-AREAS IN THE GFCM AREA Repealed
- 1Division 1 Repealed
- ANNEX 1Map of GFCM Geographical Sub-Areas (GSAs) Repealed
- Repealed
- Repealed