Article 8 General requirements for applications for fishing authorisations
United Kingdom
Each application for a fishing authorisation shall be accompanied by a detailed description of the area where the fishing vessel intends to carry out fishing activities, the type of gears, the depth range at which the activities will be carried out, the intended frequency and duration of the fishing activity, as well as the names of the deep-sea species concerned.
Targeting fishing authorisations shall only be issued for fishing activities within the existing deep-sea fishing areas.
By way of derogation from paragraph 2 of this Article, and until the determination of the existing deep-sea fishing areas in accordance with Article 7, targeting fishing authorisations may be issued provided that the fishing vessel has presented evidence that it had been exercising fishing activities in the deep-sea métier for at least three years before the application for the fishing authorisation is lodged. Such fishing authorisation may be issued only in respect of locations where such previous fishing activities have been carried out.
No fishing authorisation shall be issued for the purpose of fishing with bottom trawls at a depth below 800 metres.
By way of derogation from paragraph 2, a fisheries administration may, by regulations, authorise exploratory fisheries in locations outside the existing deep-sea fishing areas provided that—
an impact assessment conducted in accordance with the standards set out in the 2008 FAO International Guidelines for the management of Deep-Sea Fisheries in the High Seas has been produced and, having assessed that impact assessment, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question;
the fisheries administration has obtained advice from a scientific advisory body and, having assessed that advice, the fisheries administration is satisfied it is appropriate to authorise the exploratory fishery in question; and
the authorisation is subject to appropriate mitigation measures to prevent an encounter with or effectively protect VMEs.
F2Regulations made under paragraph 5 may, in particular, define:
the area for exploratory fisheries;
the maximum number of vessels and the maximum capacity;
the duration of such fisheries not exceeding one year, renewable once;
the maximum percentage of the total allowable catch of deep-sea species that may be caught in the exploratory fisheries; and
mitigating measures that must be complied with in order to protect VMEs.
In order to ensure a collection of representative data that is adequate for the assessment and management of deep-sea fish stocks and of encounters with VMEs, any fishing authorisation issued in accordance with F3paragraphs 5 and 6 shall require the presence of scientific observers or remote electronic monitoring on the vessel concerned during the first 12 months of the duration of the fishing authorisation.
F4A fisheries administration may, by regulations, adjust the determination of the existing deep-sea fishing area in order to include the locations of the fishing activities conducted under a fishing authorisation issued in accordance with paragraphs 5 and 6 of this Article.
Annotations
Textual amendments
- F1
Art. 8(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 8(6) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 8(7) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 8(8) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 37(3)(d); 2020 c. 1, Sch. 5 para. 1(1)