Legal provisions of COM(2008)585 - Amendment of Regulation (EC) No 40/2008, as regards management measures adopted in the Indian Ocean Tuna Commission and in the South Pacific Regional Fisheries Management Organisation - Main contents
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| dossier | COM(2008)585 - Amendment of Regulation (EC) No 40/2008, as regards management measures adopted in the Indian Ocean Tuna Commission and in ... |
|---|---|
| document | COM(2008)585  |
| date | December 1, 2008 |
Article 1 - Amendments to Regulation (EC) No 40/2008
‘Article 72
Limitation of fishing capacity of vessels fishing for tropical tunas
1. The maximum number of Community vessels fishing for tropical tunas in the IOTC area, and the corresponding capacity in gross tonnage (GT), shall be as follows:
| Member State | Maximum number of vessels | Capacity (GT) |
| Spain | 22 | 61 400 |
| France | 21 | 31 467 |
| Italy | 1 | 2 137 |
2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are entered on the IOTC record of vessels or on the record of vessels of other Tuna Regional Fisheries Management Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.
4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for swordfish and albacore in the IOTC area.
5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.
Article 73 - Limitation of fishing capacity of vessels fishing for swordfish or albacore
1. The maximum number of Community vessels fishing for swordfish and albacore in the IOTC area, and the corresponding capacity in GT, shall be as follows:| Member State | Maximum number of vessels | Capacity (GT) |
| Spain | 27 | 11 600 |
| France | 25 | 1 940 |
| Portugal | 26 | 10 100 |
| United Kingdom | 4 | 1 400 |
2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC record of vessels or on the record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.
4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for tropical tuna in the IOTC area.
5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.’.
Article 2 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.