{
  "url": "https://openlegislation.uk/eu-regulation-2009-43/article-28",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-43/article-28.json",
  "legislation": "eur/2009/43",
  "legislation_title": "Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-43",
  "path": "article/28",
  "kind": "article",
  "number": "28",
  "heading": "Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)",
  "text": "1. In order to protect the dolphinfish (Coryphaena hippurus), in particular small fish, the dolphinfish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January 2009 to 14 August 2009, in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII.\n2. By way of derogation from paragraph 1, if a Member State can demonstrate that due to bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. Member States wishing to benefit from this carry over shall submit to the Commission before 1 January 2010 an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using FADs during the prohibition period from 1 January 2010 until 31 January 2010. Such an application shall be accompanied by the following information:\n(a) a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information;\n(b) the name of the vessel;\n(c) the registration number;\n(d) the external identification markings as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register.\nThe Commission shall forward the information obtained from the Member States to the Executive Secretary of the GFCM.\n3. Member States shall send to the Commission before 1 November 2009 a report on the implementation of the measures referred to in paragraph 2 for the year 2008.\n4. Member States shall report to the Commission by 15 January 2010 the total landings and transhipments of dolphinfish carried out in 2009 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII.\nThe Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 5, 9.1.2004, p. 25."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/43/article/28",
    "retrieved_at": "2026-11-01T14:51:42.098169+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}