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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

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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)

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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

  1. Chapter I: SCOPE AND DEFINITIONS Repealed
  2. 1Subject matter Repealed
  3. 2Scope Repealed
  4. 3Definitions Repealed
  5. 4Fishing zones Repealed
  6. Chapter II: FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS Repealed
  7. 5Catch limits and allocations Repealed
  8. 6Prohibited species Repealed
  9. 7Special provisions on allocations Repealed
  10. 8Fishing effort limits and associated conditions for the management of stocks Repealed
  11. 9Conditions for landing catches and by-catches Repealed
  12. 10Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa Repealed
  13. 11Access limits Repealed
  14. 12Determination of mesh size and twine thickness Repealed
  15. 13Transitional technical and control measures Repealed
  16. Chapter III: CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS Repealed
  17. 14Authorisation Repealed
  18. 15Prohibited species Repealed
  19. 16Geographical restrictions Repealed
  20. 17Transit through Community waters Repealed
  21. 18Conditions for landing catches and by-catches Repealed
  22. 19Transitional technical and control measures Repealed
  23. Chapter IV: LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS Repealed
  24. 20Licences and associated conditions Repealed
  25. 21Faroe Islands Repealed
  26. Chapter V: LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS Repealed
  27. 22Obligation to have a licence and a special fishing permit Repealed
  28. 23Application for a licence and special fishing permit Repealed
  29. 24Number of licences Repealed
  30. 25Cancellation and withdrawal Repealed
  31. 26Failure to comply with relevant rules Repealed
  32. 27Obligations of the licence holder Repealed
  33. 28Specific provisions concerning the Department of French Guyana Repealed
  34. Chapter VI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA Repealed
  35. 29Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs) Repealed
  36. 30Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats Repealed
  37. 31Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries Repealed
  38. Chapter VII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA Repealed
  39. 32Catch reporting Repealed
  40. 33Additional control measures Repealed
  41. 34Coral protection zone Repealed
  42. Chapter VIII: SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FROZEN FISH CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA Repealed
  43. 35Port State control Repealed
  44. 36Designated ports Repealed
  45. 37Prior notice of entry into port Repealed
  46. 38Authorisation to land or tranship Repealed
  47. 39Inspections Repealed
  48. 40Inspection reports Repealed
  49. Chapter IX: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA Repealed
  50. Restrictions and vessel information requirements Repealed
  51. 41Prohibitions and catch limitations Repealed
  52. Exploratory fisheries Repealed
  53. 42Rules of conduct for exploratory fisheries Repealed
  54. 43Participation in exploratory fisheries Repealed
  55. 44Reporting systems Repealed
  56. 45Definition of hauls Repealed
  57. 46Research plans Repealed
  58. 47Data collection plans Repealed
  59. 48Tagging programme Repealed
  60. 49Scientific observers Repealed
  61. 50Notifications of intent to participate in a krill fishery Repealed
  62. 51Precautionary catch limitations on krill fishery for certain sub areas Repealed
  63. 52Data Reporting System for krill fisheries Repealed
  64. 53Certain limits on the exploratory fishery for Dissostichus spp. Repealed
  65. 54Interim prohibition of deep-sea gillnetting Repealed
  66. 55Minimisation of the incidental mortality of seabirds Repealed
  67. 56Closure of all fisheries Repealed
  68. Chapter X: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA Repealed
  69. Authorisation of vessels Repealed
  70. 57Authorisation of vessels Repealed
  71. 58Obligations for authorised vessels Repealed
  72. 59Unauthorised vessels Repealed
  73. Transhipments Repealed
  74. 60Prohibition of transhipments at sea Repealed
  75. 61In-port Transhipments Repealed
  76. Conservation measures for the management of vulnerable deep-water habitats and ecosystems Repealed
  77. 62Closed areas Repealed
  78. 63Resumption of fishing in a closed area Repealed
  79. Measures on reducing incidental by-catch of seabirds Repealed
  80. 64Information on interactions with seabirds Repealed
  81. 65Mitigation measures Repealed
  82. Control Repealed
  83. 66Special Provisions for Patagonian Toothfish (Dissostichus eleginoides) Repealed
  84. 67Special Provisions for Deep-sea Red Crab (Chaceon spp) Repealed
  85. 68Communication of vessel movements and catches Repealed
  86. 69Scientific observation and collection of information to support stock assessment Repealed
  87. 70Sightings of non-Contracting Party vessels Repealed
  88. Chapter XI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA Repealed
  89. 71Reduction of sea-birds by-catch Repealed
  90. 72Limitation of fishing capacity of vessels fishing for tropical tunas Repealed
  91. 73Limitation of fishing capacity of vessels fishing for swordfish or albacore Repealed
  92. Chapter XII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA Repealed
  93. 74Pelagic fisheries — Capacity limitation Repealed
  94. 75Bottom fisheries Repealed
  95. 76Data collection and sharing Repealed
  96. Chapter XIII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE WCPFC AREA Repealed
  97. 77Fishing effort limitations Repealed
  98. 78Management plans for the use of FADs Repealed
  99. 79Maximum number of vessels fishing for swordfish Repealed
  100. Chapter XIV: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE ICCAT AREA Repealed
  101. 80Reduction of sea-birds by-catch Repealed
  102. 81Establishment of a closed area/season for the swordfish fisheries in Mediterranean Sea Repealed
  103. 82Sharks Repealed
  104. 82aMaximum number of vessels fishing bluefin tuna in the Eastern Atlantic Repealed
  105. 82bCatch limits for bluefin tuna in the Eastern Atlantic Repealed
  106. 82cCatch limits for bluefin tuna in the Eastern Atlantic applicable to the Community coastal fishery Repealed
  107. Chapter XV: ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES Repealed
  108. 83North Atlantic Repealed
  109. Chapter XVI: FINAL PROVISIONS Repealed
  110. 84Data transmission Repealed
  111. 85Entry into force Repealed
  112. Signature
  113. 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
  114. 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
  115. NORTH EAST ATLANTIC AND GREENLAND Repealed
  116. ANNEX ICNORTH WEST ATLANTIC Repealed
  117. ANNEX IDHIGHLY MIGRATORY FISH — All areas Repealed
  118. ANNEX IEANTARCTIC Repealed
  119. ANNEX IFSOUTH-EAST ATLANTIC OCEAN Repealed
  120. Annex IIAnnex II Repealed
  121. 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
  122. 1 to Annex IIAAppendix 1 to Annex IIA Repealed
  123. 2 to Annex IIAAppendix 2 to Annex IIA Repealed
  124. 3 to Annex IIAAppendix 3 to Annex IIA Repealed
  125. ANNEX IIBAppendix ANNEX IIB Repealed
  126. ANNEX IICFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe Repealed
  127. 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
  128. Annex III: TRANSITIONAL TECHNICAL AND CONTROL MEASURES Repealed
  129. Part A: North Atlantic including the North Sea, Skagerrak and Kattegat Repealed
  130. 1Fishing for Herring in EC waters of ICES zone IIa Repealed
  131. 2Technical conservation measures in the Skagerrak and in the Kattegat Repealed
  132. Electric fishing in ices zones IVc and IVb Repealed
  133. 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
  134. 3.2The following measures shall apply in 2008: Repealed
  135. Closure of an area for sandeel fisheries in ices zone IV Repealed
  136. 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
  137. 4.2Division 4.2 Repealed
  138. 5Rockall Haddock box in ices zone VI Repealed
  139. Restrictions on fishing for cod in ICES zones VI and VII Repealed
  140. 6.1ICES zone VIa Repealed
  141. 6.2ICES zones VII f and g Repealed
  142. 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
  143. 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
  144. Technical conservation measures in the Irish Sea Repealed
  145. 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
  146. 7.2By way of derogation from point 7.1, within the area and time period referred to therein: Repealed
  147. 7.3Division 7.3 Repealed
  148. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII Repealed
  149. 8.1Division 8.1 Repealed
  150. 8.2Division 8.2 Repealed
  151. 8.3Division 8.3 Repealed
  152. 8.4By way of derogation from point 8.3 it shall be permitted to use the following gear: Repealed
  153. 8.5Division 8.5 Repealed
  154. 8.6Division 8.6 Repealed
  155. 8.7Division 8.7 Repealed
  156. 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
  157. 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
  158. 8.10Division 8.10 Repealed
  159. 8.11Division 8.11 Repealed
  160. Reduction of whiting discards in the North Sea Repealed
  161. 9.1Division 9.1 Repealed
  162. 9.2Division 9.2 Repealed
  163. 9.3Division 9.3 Repealed
  164. Reduction of cod discards in the North Sea Repealed
  165. 1Division 1 Repealed
  166. 2Division 2 Repealed
  167. 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
  168. 10.1Division 10.1 Repealed
  169. 10.2Division 10.2 Repealed
  170. 11Restrictions on fishing for roundnose grenadier in ICES zone IIIa Repealed
  171. 12Fishing effort for deep sea species Repealed
  172. Interim measures for the protection of vulnerable deep-sea habitats Repealed
  173. 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
  174. 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
  175. 13.3Division 13.3 Repealed
  176. 13.4Division 13.4 Repealed
  177. 13.5Division 13.5 Repealed
  178. 13.6Division 13.6 Repealed
  179. 13.7Division 13.7 Repealed
  180. 13.8Division 13.8 Repealed
  181. 14Minimum size of Short-necked clam Repealed
  182. Part B: Eastern Central Atlantic Repealed
  183. 15Minimum size for octopus Repealed
  184. 16Condition for certain creel fisheries in zone IXa (West Galicia) Repealed
  185. 17Conditions for fishing for herring in zone VIa (Butt of Lewis) Repealed
  186. Part C: Eastern Pacific Ocean Repealed
  187. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC) Repealed
  188. 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
  189. 18.2Division 18.2 Repealed
  190. 18.3Division 18.3 Repealed
  191. Part D: Eastern Pacific Ocean and Western and Central Pacific Ocean Repealed
  192. 19Special measures for the Eastern, Western and Central Pacific Ocean Repealed
  193. 20Specific measures applying to encircled or entangled sea turtles Repealed
  194. Part E: North East Atlantic Repealed
  195. 21Special measures for the redfish fishery in international waters of ICES zones I and II Repealed
  196. TOWED GEARS: Skagerrak and Kattegat Repealed
  197. 2 to Annex IIISpecifications for the Sorting grid for 70 mm trawl fishery Repealed
  198. 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
  199. Annex IV Repealed
  200. IQuantitative limitations of licences and fishing permits for Community vessels fishing in third country waters Repealed
  201. IIQuantitative limitations of licences and fishing permits for third-country fishing vessels in Community waters Repealed
  202. IIIDeclaration pursuant to Article 25(2) Repealed
  203. Annex V Repealed
  204. IInformation to be recorded in the logbook Repealed
  205. IIPart II Repealed
  206. Annex VI: CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION Repealed
  207. The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows: Repealed
  208. 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
  209. 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
  210. 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
  211. 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
  212. 2Form of the communication Repealed
  213. Communication scheme Repealed
  214. 3.1Division 3.1 Repealed
  215. 3.2Division 3.2 Repealed
  216. 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
  217. 4Name of the radio station Repealed
  218. 5Code to be used to indicate the species Repealed
  219. 6Codes to be used to indicate the relevant area. Repealed
  220. Repealed
  221. Annex VIICLOSED AREA IN NAFO DIVISION 3O Repealed
  222. Annex VIII Repealed
  223. IPort State control forms Repealed
  224. IIPart II Repealed
  225. Products and packing Repealed
  226. Annex IXPROHIBITION OF DIRECTED FISHING IN CCAMLR AREA Repealed
  227. Annex XCATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2007/08 Repealed
  228. Annex XINOTIFICATION OF INTENT TO PART ICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA Repealed
  229. Annex XII Repealed
  230. ISEAFO transhipment declaration Repealed
  231. Part II: Guidelines for Design and Deployment of Tori Lines Repealed
  232. 1Division 1 Repealed
  233. Tori Line Design Repealed
  234. 2.1Division 2.1 Repealed
  235. 2.2Division 2.2 Repealed
  236. 2.3Division 2.3 Repealed
  237. 2.4Division 2.4 Repealed
  238. 2.5Division 2.5 Repealed
  239. 2.6Division 2.6 Repealed
  240. 2.7Division 2.7 Repealed
  241. Deployment of Tori Lines Repealed
  242. 3.1Division 3.1 Repealed
  243. 3.2Division 3.2 Repealed
  244. 3.3Division 3.3 Repealed
  245. 3.4Division 3.4 Repealed
  246. 3.5When fishers use a bait casting machine (BCM) they must ensure co-ordination of the tori line and machine by: Repealed
  247. 3.6Division 3.6 Repealed
  248. Annex XIII: Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic Repealed
  249. 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
  250. 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
  251. 3Division 3 Repealed
  252. 4Division 4 Repealed
  253. Repealed
  254. Annex XIV: RESOLUTION GFCM 31/2007/2 Repealed
  255. ESTABLISHMENT OF GEOGRAPHICAL SUB-AREAS IN THE GFCM AREA Repealed
  256. 1Division 1 Repealed
  257. ANNEX 1Map of GFCM Geographical Sub-Areas (GSAs) Repealed
  258. Repealed
  259. Repealed