Legal provisions of COM(2023)108 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation - Main contents
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| dossier | COM(2023)108 - Amendment of Regulation (EU) 2019/833 laying down conservation and enforcement measures applicable in the Regulatory Area of ... |
|---|---|
| document | COM(2023)108  |
| date | December 13, 2023 |
Article 1 - Amendments to Regulation (EU) 2019/833
(1) In Article 4, paragraph (2) is replaced by the following:
“2. The flag Member State shall:
(a) by electronic transmission in the format prescribed in Annex II.C to the CEM referred to in point 5 of the Annex to this Regulation, and prior to the commencement of the research, notify the Commission of all research vessels entitled to fly its flag that are authorised to conduct research activities in the Regulatory Area;
(b) provide the Commission with a research plan for all vessels entitled to fly its flag that are authorised to conduct research activities in the Regulatory Area, no less then forty days in advance of the June NAFO Scientific Council meeting, in the cases of non-recurrent new surveys and research activities and where catches retained on board during research activities are intended for marketing. In other cases a research plan shall be provided no less than ten days prior to the commencement of the research;
(c) ensure that a research plan of surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities shall contain at a minimum the following information:
(i) vessel identification,
(ii) purpose,
(iii) summary of scientific methods or procedures,
(iv) location and dates of the research activity,
(v) the name of the principal investigator,
(vi) whether any catches retained on board will be marketed,
(vii) total estimated research catch of the survey target species and whether an observer with sufficient scientific expertise will be on board,
(viii) information on when the research results will be presented to the NAFO Scientific Council,
(ix) where relevant, any requests to derogate from the provisions in this point, and
(x) where relevant, indication that the activity constitutes a non-recurrent new survey or research; and
(d) notify the Commission immediately of the commencement and termination of research activities by vessels temporarily employed in research, including during fishing trips in which both commercial and research activities take place.”
(2) In Article 4, paragraph (3) is replaced by the following:
“3. Vessels engaged in research shall:
(a) keep on board a copy of the research plan and any changes thereof in the English language at all times, and
(b) for surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities, stow catches taken in research activities separately with netting, plywood, boxes or other means from all other catches taken in fishing trips in which both commercial and research activities are carried out, and the location of the catches taken in research activities shall be indicated in the stowage plan.”
(3) In Article 4, paragraph (4) is replaced by the following:
“4. Unless otherwise supported by the opinion of the NAFO Scientific Council, research vessels conducting surveys conducted in the Regulatory Area targeting stocks subject to fishing opportunities and retaining on board catches obtained during such research activities with the purpose of marketing these catches shall:
(a) comply with the recording and reporting requirements in Chapter V of this Regulation,
(b) have an observer with sufficient expertise on board,
(c) count these catches against the Member State’s relevant quota and fishing effort limitations set out in fishing opportunities.”
(4) In Article 4, paragraph (5) is replaced by the following:
“5. Unless otherwise provided in this Regulation or CEM, research vessels shall not be restricted by conservation and management measures pertaining to the taking of fish in the Regulatory Area, in particular, mesh size, size limits, closed areas and seasons.”
(5) In Article 4, paragraph (6) is replaced by the following:
“6. The Commission shall forward the information notified by flag Member States in accordance with paragraph 2 to the NAFO Executive Secretary without delay.”
(6) In Article 6, paragraph (1), point (e) is replaced by the following:
“(e) close its redfish fishery in Division 3M at 24:00 UTC of the day the accumulated reported catch is estimated to reach 100% of the TAC of redfish in Division 3M, as notified in accordance with paragraph 3;”
(7) In Article 8, paragraph (5) is added:
“5. Upon its first entrance into a Division on a fishing trip, a vessel may undertake one trial tow for up to a maximum duration of 3 hours. If the stocks subjected to bycatch limits form the largest percentage, by weight, of the total resultant catch in the haul, this shall not be considered as a directed fishery for those stocks, and the vessel must immediately change position in accordance with provisions of paragraph 1(b). Vessels must identify any trial tow conducted in accordance with this paragraph and record in the fishing logbook the coordinates pertaining to the start and end locations of any trial tow conducted.”
(8) In Article 12, paragraph (9) is replaced by the following:
“9. It shall be prohibited to conduct directed fishing for, retaining, transshipping, or landing part or whole of a Greenland shark (Somniosus microcephalus) in the Regulatory Area.”
(9) In Article 44, point (c) is replaced by the following:
“(c) included in the IUU list of the Commission for the Conservation of Antarctic Marine Living Resources 5 , the Commission for the Conservation of Southern Bluefin Tuna, 6 the Inter-American Tropical Tuna Commission 7 , the International Commission for the Conservation of Atlantic Tunas 8 , the Indian Ocean Tuna Commission, 9 the General Fisheries Commission for the Mediterranean 10 , the North East Atlantic Fisheries Commission 11 , the North Pacific Fisheries Commission 12 , the South East Atlantic Fisheries Organisation 13 , the Southern Indian Ocean Fisheries Agreement 14 , the South Pacific Regional Fisheries Management Organisation 15 and the Western and Central Pacific Fisheries Commission 16 .”
(10) In Article 50, paragraph 2, point (m) is added:
“(m) flag Member State duties in relation to research plans of Article 4(2);”
(11) In Article 50, paragraph 2, point (n) is added:
“(n) requirements for vessels engaged in the research of Article 4(3), (4), and (5).”
Article 2
This Regulation shall be binding in its entirety and directly applicable in all Member States.