Explanatory Memorandum to COM(2007)759 - Fixing for 2008 of 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

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dossier COM(2007)759 - Fixing for 2008 of the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, ...
source COM(2007)759 EN
date 28-11-2007
Context of the proposal

Grounds for and objectives of the proposalThe annual fishing opportunities Regulation is the main instrument of the conservation policy under the Common Fisheries Policy. It includes limitations on catches and on fishing effort limitations in relation to recovery plans and long-term plans and also includes temporary measures and derogations to other legislation (such as the technical measures Regulation, the Regulation for restricting fishing effort on deep sea species, etc.). Commission Communication COM(2007) 295 final sets out the background to the proposal. Many fish stocks are subject to an advice to reduce catches to zero or to the lowest possible level. Many stocks are outside safe biological limits. Despite conservation measures imposed under the CFP, the number of stocks in these vulnerable categories is not reducing. That analysis confirms that reinforced conservation measures concerning exploited fish stocks are highly necessary.For 2008, the advice from ICES and STECF once more underlines the poor state of many fish resources in Community waters. Most stocks are exploited at levels in excess of those corresponding to maximum potential yield. Many are exploited beyond precautionary levels, and a number of key stocks, including most cod stocks, are exploited at levels corresponding to a very high risk of reproductive failure.Council Regulation (EC) No 2371/2002 requires the Commission to propose annually the catch end fishing effort limitations to ensure that Community fisheries are ecologically, economically and socially sustainable.

General contextFishery resources are, in many cases, overexploited. Every year the Council establishes catch limitations but the real level of catches continues to be, in many cases, higher than that providing sustainable yields. This results from catch limitations being fixed sometimes at levels that are too high to ensure sustainability and to the poor enforcement of these catch limitations in a number of cases. In recent years, effort limitations have been introduced in some fisheries to reinforce catch limitations, and multi-annual recovery plans have been introduced for some stocks to establish annual catch limitations within a framework of achieving sustainability through a gradual reduction of fishing mortality. Failure to effectively control catches and fishing effort will result in a further depletion of fishery resources. Such depletion is incompatible with the objective of the Common Fisheries Policy of achieving sustainable fisheries in the Community

Existing provisions in the area of the proposalThe existing provisions in the area of the proposal expire on 31 December 2006.

Consistency with other policies and objectives of the UnionThe measures proposed are designed in accordance with the objectives of the Common Fisheries Policy and are consistent with the Community's policy on sustainable development.

3.

Consultation of interested parties and impact assessment


Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondentsThe proposal takes into account consultations made with the Regional Advisory Councils, with the Advisory Committee on Fisheries and Aquaculture ('ACFA' is composed of representatives from professional organisations representing the production sector, the processing industry and trade in fishery and aquaculture products as well as non-professional organisations representing the interests of consumers, the environment and development) and with the Committee for Fisheries and Aquaculture. These consultations have taken place on the basis of the Communication from the Commission to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246final), which sets out the principles for the so called front-loading process, and on the Communication from the Commission to the Council on fishing opportunities for 2008 (COM(2007)295final), which set out the views and intentions of the Commission concerning its proposals for TACs and Quotas, pending the scientific advice on the state of the stocks for 2008.

Summary of responses and how they have been taken into accountRegional Advisory Councils insist on the need to ensure that any changes in the annual TACs and Quotas are gradual, in order to minimise short-term disruption of the economic activity. As is made clear in the detailed explanation of the proposal below, the principle of gradual adjustment and limitation of annual changes in fishery possibilities has been incorporated with the proposal where this has been possible without incurring deterioration in the state of vulnerable resources.

4.

Collection and use of expertise


Scientific/expertise domains concernedFisheries biology and fisheries economics.

Methodology usedConsultation of an independent international scientific body, ICES, and organisation of the plenary meeting of the STECF.

Main organisations/experts consulted- International Council for the Exploration of the Sea (ICES), October 2007.- Scientific, Technical and Economic Committee for Fisheries (STECF), November 2007.

Summary of advice received and usedThe existence of potentially serious risks with irreversible consequences has been mentioned. There is unanimity on the existence of such risks.

STECF confirms, and has in some cases developed, the advice provided by ICES.

Means used to make the expert advice publicly availableAll STECF reports are available, after formal adoption by the Commission on the DG Fish website.

Impact assessmentCatch and effort limitation measures must be adopted by public authorities, as required by Article 20 of Council Regulation (EC) No 2371/2002. The proposed measures will, if implemented, result in an overall reduction in fishing opportunities for Community vessels. The proposal does not only comprise of short-term decisions but is also part of a longer term approach whereby the level of fishing is gradually reduced to long-term sustainable levels.The approach taken in the proposal will in the short-term result in reduced TACs but as the overexploited stocks recover the catching possibilities will increase. The medium- to long-term consequences of the approach are predicted to be a reduced impact on the environment as a consequence of the decline in fishing effort, reductions in the catching sector in terms of number of vessels and/or in the average fishing effort per vessel, and unchanged or increased landings.

Contents

1.

Legal elements of the proposal



Summary of the proposed actionThe proposal establishes the catch and effort limitations applicable to Community fisheries and to international fisheries where Community vessels participate, in order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels that are biologically, economically and socially sustainable.

5.

Legal basisArticle 20 of Regulation (EC) No 2371/


Subsidiarity principleThe proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply.

Proportionality principleThe proposal complies with the proportionality principle for the following reason.

The Common Fisheries Policy is a common policy and should therefore be implemented through Council Regulations. The Council Regulation in question allocates fishing opportunities to Member States but they are entirely free to allocate such opportunities among regions or operators as they see fit, so Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.

The proposal has no new financial implications for Member States. This Regulation is adopted by Council every year, and the public and private means to implement it are already in place.

6.

Choice of instruments


Proposed instruments: Regulation.

Other means would not be adequate for the following reason:This is a proposal for fisheries management which, according to Council Regulation (EC) No 2371/2002, should be implemented through an annual Council Regulation by qualified majority.

2.

Budgetary implication



The proposal has no implication for the Community budget.

7.

Additional information


Simplification

The proposal provides for simplification of administrative procedures for public authorities (EU or national), in particular as regards requirements for data transmission on the application of the effort management.

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8.

Review/revision/sunset clause


The proposal concerns an annual Regulation for the year 2008 and therefore does not include a revision clause.

Detailed explanation of the proposalAs regards catch limitations and effort management, the proposal is in accordance with the principles for the so called front-loading process which are set out in the Communication from the Commission to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246final) and in the Communication from the Commission to the Council on fishing opportunities for 2008 (COM(2007)295final), which set out the views and intentions of the Commission concerning its proposals for TACs and Quotas, pending the scientific advice on the state of the stocks for 2008. In accordance with the front-loading process, consultations of stakeholders and Member States have taken place during the year.The proposal is furthermore in line with the Communication from the Commission to the Council and the European Parliament on implementing sustainability in EU fisheries through maximum sustainable yield (COM(2006)360final), in that the proposal does not correspond to increases in fishing mortality which would be in conflict with the commitment of the Community and the Member States at the World Summit on Sustainable Development at Johannesburg to maintain or restore stocks to levels that can produce the maximum sustainable yield, with the aim of achieving these goals for depleted stocks on an urgent basis, and where possible not later than 2015.In relation to effort management a possible alternative system based on kilowatt-day ceilings has been discussed with Member States on three occasions during the front-loading process on the basis of a non-paper; twice in the Council Working Party on internal/external fisheries policy and once in the Committee for Fisheries and Aquaculture. The idea of such an alternative system was generally well received by Member States, however all concerned Member States agreed that it will be necessary to have more in-depth discussions and a longer timeframe to adapt the national administrative procedures to the requirements of an effort management system based on kilowatt-days. It was therefore unanimously suggested to postpone such a new regime to 2009. The current effort management system in Annexes IIA, B and C based on days at sea will therefore be maintained in 2008, with the intention of continuing discussion on effort management based on kilowatt-days in 2008 for the purpose of implementing such a system in 2009. The proposal includes catch limitations agreed in the context of certain Regional Fishery Organisations. Catch limitations and other recommendations from the International Commission for the Conservation of Atlantic Tunas (ICCAT) are pending the annual meetings of this organisation in November 2007. TACs for stocks in Greenland waters, as well as stocks shared jointly with Norway, are not available yet, pending the conclusion of consultations in November and December of 2007. These TACs are presented as pro memoria (pm). It is also to be noted that in Annex II, which concerns fishing effort for vessels in the context of the recovery of certain stocks, including cod, the maximum number of days a vessel may be present in an area are also currently indicated as pm, as the Commission is still analyzing the information from the STECF as regards the application of Annex II in 2007. The methodology for fixing the final fishing effort for the fisheries on sandeel in zones IIIa and IV and EC waters of IIa is also still being analyzed. As regards effort management for deep-sea stocks, the Council adopted in December 2006 a 10% reduction of the effort on deep-sea species, as compared with the 2005 levels. This reduction, however, is lower than the 30% required by the North East Atlantic Fishery Commission (NEAFC). A further reduction of 10% from the same reference level is necessary, both to meet the Community’s international obligations and to protect stocks that, as ICES has underlined for several years, are extremely fragile and in need of urgent protection due to their extremely low reproductive potential.In-year management systems are maintained for short-lived species such as anchovy in the Bay of Biscay and sandeel, Norway pout and sprat in the North sea. In these cases, fishing opportunities proposed for the early part of 2008 may be revised in-year in accordance with updated scientific advice, through Commission Regulations which will allow for rapid implementation of the management measures envisaged.

(Explanatory memorandum validated – xxxxxx characters - complying with DGT norm.)

9.

Proposal for a


COUNCIL REGULATION

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy i, and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas i, and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks i, and in particular Articles 6 and 8 thereof,

Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock i, and in particular Article 5 thereof,

Having regard to Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms i, and in particular Articles 5 and 6 thereof,

Having regard to Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay i, and in particular Article 4 thereof,

Having regard to Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel i, and in particular Articles 3 and 5 thereof,

Having regard to Council Regulation No (EC) 676/2007 of 11 June 2007 establishing a multi-annual plan for fisheries exploiting stocks of plaice and sole in the North Sea i, and in particular Articles 6 and 9 thereof,

Having regard to the proposal from the Commission,

Whereas:

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries (STECF).

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.

The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.

Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish i, Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels i, Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels i, Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States in the north-east Atlantic i, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy i, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits i, Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms i, Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption i, Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks i, Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources i, Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems i, Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks i, Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources i, Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock i, Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation i, Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms i, Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay i, Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks i, Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 i, Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel i, Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 i, Council Regulation No (EC) 676/2007 of 11 June 2007 establishing a multi-annual plan for fisheries exploiting stocks of plaice and sole in the North Sea i and Council Regulation xxxx/2007 of xx October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation i.

It should be clarified that marine organisms caught during fishing operations conducted solely for the purpose of scientific investigations may no be sold, stored, displayed or offered for sale for any purpose.

It is necessary, following the advice from the International Council for the Exploration of the Sea (ICES), to maintain the application of a system to manage the catch limits of anchovy in ICES zone VIII. The Commission shall fix the catch limits for the stock of anchovy in ICES zone VIII in the light of scientific information collected during the first half of 2008 and of discussions taking place in the context of a multi-annual plan for anchovy.

It is necessary, following the advice from the ICES, to maintain and revise a system to manage the fishing effort on sandeel in ICES zones IIIa and IV and and EC waters of zone IIa.

As a transitional measure in the light of the most recent scientific advice from the ICES, the fishing effort on certain deep-sea species should be further reduced.

Under Article 20 of Regulation (EC) No 2371/2002 it is incumbent upon the Council to decide on the conditions associated with the limits on catches and/or fishing effort limits. Scientific advice indicates that substantial catches in excess of agreed TACs result in the sustainability of fishing operations being prejudiced. It is therefore appropriate to introduce associated conditions that will result in improved implementation of the agreed fishing possibilities.

At its Annual Meeting in 2007, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of technical and control measures. It is necessary to implement these measures.

[At its XXVIth annual meeting in 2007, the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted relevant catch limits for the stocks open to established fisheries by any CCAMLR Member. CCAMLR also approved the participation of Community vessels in exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2, 58.4.3a) and 58.4.3b) and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.]

[In order to comply with international obligations assumed by the Community as a Contracting Party to the CCAMLR, including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2007-2008 season and the corresponding season limit dates should be applied.]

In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas i, the stocks that are subject to the various measures referred to therein must be identified.

[In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norway i, the Faroe Islands i and Greenland i.]

The Community is a contracting party to several regional fisheries organisations. Those fisheries organisations have recommended the setting of catch limitations and/or effort limitations and other conservation rules for certain species. Such recommendations should therefore be implemented by the Community.

Discussions on an alternative system for effort management based on kilowatt-day ceilings 2008 that have taken place in 2007 have revealed that it will be necessary to have a longer timeframe to adapt the national administrative procedures to the requirements of such and effort management system, the current effort management system based on days at sea will be maintained in 2008, with the intention of continuing discussions on an effort management based on kilowatt-days in 2008 for the purpose of implementing such a system in 2009.

For the adjustment of fishing effort limitations on cod as laid down in Regulation (EC) No 423/2004 alternative arrangements are maintained in order to manage fishing effort consistently with the TAC, as laid down in Article 8 i of that Regulation.

Certain temporary provisions should be maintained on the use of VMS data in order to provide for greater efficiency and effectiveness in the monitoring, control and surveillance of effort management.

For the adjustment of fishing effort limitations on sole as laid down in Regulation (EC) No 509/2007 alternative arrangements are established in order to manage fishing effort consistently with the TAC, as laid down in Article 5 i of that Regulation.

For the adjustment of fishing effort limitations on plaice and sole as laid down in Regulation No (EC) 676/2007, alternative arrangements are established in order to manage fishing effort consistently with the TAC, as laid down in Article 9 i of that Regulation.

For the cod stocks in the North Sea, the Skagerrak and the Western channel, in the Irish Sea and in the west of Scotland, and the stocks of hake and of Norway lobster in ICES zones VIIIc and IXa, the levels of permissible effort within the management scheme needs to be adapted.

In order to contribute to the conservation of fish stocks, certain supplementary measures on control and technical conditions of fishing should be implemented in 2008.

Following scientific advice from ICES, measures to protect the spawning aggregations of blue ling in ICES zones VI and VII are needed in addition to catch limitations in order to ensure their protection.

Scientific investigations have demonstrated that the fishing practices when fishing with gillnets and entangling nets in ICES zones VIa, VIb, VIIb, VIIc, VIIj, VIIk, VIII, IX, X and XII constitute a serious threat to deep-sea species. However, transitional measures to allow these fisheries to take place under certain conditions should be implemented until more permanent measures are adopted.

In order to ensure sustainable exploitation of the hake stocks and to reduce discards, the latest developments on selective gears should be maintained as transitional measures in ICES zones VIIIa, VIIIb and VIIId.

The control of landings and transhipments of frozen fish by third country fishing vessels landed in Community ports, as recommended by the North-East Atlantic Fisheries Commission (NEAFC), should be maintained. In November 2007 the NEAFC recommended replacing a number of vessels on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries. Implementation of the recommendations in the Community legal order should be ensured.

In order to contribute to the conservation of octopus and in particular to protect the juveniles, it is necessary to maintain, in 2008, a minimum size of octopus from the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region pending the adoption of a regulation amending Regulation (EC) No 850/98.

In the light of advice from STECF, fishing with beam trawl using electrical pulse current shall be allowed in 2008 in ICES zones IVc and IVb south under certain conditions.

The Inter-American Tropical Tuna Commission (IATTC) failed to adopt catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna at its Annual Meeting in 2007, and although the Community is not a member of the IATTC, it is necessary to adopt measures to ensure sustainable management of the resource under the jurisdiction of that Organisation.

[At its Third Annual Meeting, the Western and Central Pacific Fisheries Commission (WCPFC) adopted effort limitations for yellowfin tuna, bigeye tuna, skipjack tuna, swordfish and south pacific albacore, as well as technical measures as regards the treatment of by-catches. The Community is a member of the WCPFC since January 2005. It is therefore necessary to implement those measures into Community law to ensure sustainable management of the resource under the jurisdiction of that Organisation.]

At its Annual Meeting in 2006 and 2007, the GFCM adopted a number of recommendations on technical measures for certain fisheries in the Mediterranean Sea. In order to contribute to the conservation of fish stocks it is necessary to implement these measures in 2008 pending the adoption of a Regulation amending Regulation (EC) No 1967/2006.

The 2007 Annual Meeting, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for fish stocks in the SEAFO Convention Area and established conditions relating to the resumption of fishing activities in the currently closed fishing areas, and detailed requirements regarding port state inspections. It is necessary to implement these measures into Community law.

During the 2006 and 2007 Annual Meetings, the Indian Ocean Tuna Commission (IOTC) adopted a number of management and control measures. It is necessary to implement these measures into Community law.

During the Third International Meeting for the creation of a new South Pacific Regional Fisheries Management Organisation held in May 2007, the participants adopted interim measures in order to regulate pelagic fishing activities as well as bottom fisheries in the South Pacific. It is necessary to implement these measures into Community law.

In order to ensure that catches of blue whiting by third-country vessels in Community waters are correctly accounted for, it is necessary to maintain the strengthened control provisions for such vessels.

In order to ensure the livelihood of Community fishermen and in order to avoid endangering resources and any possible difficulty due to the lapsing of Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 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 i, it is essential to open those fisheries on 1 January 2008 and maintain in force in January 2008 some of the rules of the said Regulation. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in Title I, Article 3 of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

10.

CHAPTER I


Scope and definitions

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2008, for certain fish stocks and groups of fish stocks, and the associated conditions under which such fishing opportunities may be used.

In addition, it fixes certain effort limits and associated conditions for January 2009, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.

11.

Article 2


Scope

1. If not otherwise provided for, this Regulation shall apply to:

(a) Community fishing vessels ("Community vessels"); and

(b) Fishing vessels flying the flag of, and registered in, third countries ("third-country fishing vessels") in Community waters ("EC waters").

2. By way of derogation from paragraph 1, the provisions of this Regulation, except points 4.2 and 14 of Annex III and footnote 1 to Annex VIII, shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Marine organisms caught during fishing operations conducted solely for the purpose of scientific investigations may no be sold, stored, displayed or offered for sale for any purpose.

12.

Article 3


Definitions

For the purposes of this Regulation, in addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, the following definitions shall apply:

(a) 'total allowable catches' (TAC) means the quantity that can be taken and landed from each stock each year;

(b) 'quota' means a proportion of the TAC allocated to the Community, Member States or third countries;

(c) 'international waters' means waters falling outside the sovereignty or jurisdiction of any State.

13.

Article 4


Fishing zones

For the purposes of this Regulation, the following zone definitions shall apply:

(a) ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;

(b) 'Skagerrak' means the area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;

(c) 'Kattegat' means the area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;

(d) 'Gulf of Cadiz' means the area of ICES zone IXa east of longitude 7º23'48"W;

(e) The GFCM (General Fisheries Commission for the Mediterranean) zone is as defined in Council Decision 98/416/EC i of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean;

(f) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic i;

(g) 'NEAFC Convention Area' means the waters as set out in Article 1 of the Convention attached to Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries i;

(h) 'NEAFC Regulatory Area' means the waters of the NEAFC Convention Area which lie beyond the waters under the jurisdiction of NEAFC Contracting Parties;

(i) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic i;

(j) 'NAFO Regulatory Area' means the part of the area of the Northwest Atlantic Fisheries Organisation (NAFO) Convention not falling under the sovereignty or within the jurisdiction of coastal States;

(k) SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council Decision 2002/738/EC of 22 July 2002 on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean i;

(l) The ICCAT (International Commission for the Conservation of Atlantic Tunas) zone is as defined in Council decision 86/238/CEE of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 i;

(m) CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 601/2004;

(n) The IATTC (Inter American Tropical Tuna Convention) zone is as defined in Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community, of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica i;

(o) The IOTC (Indian Ocean Tuna Commission) zone is as defined in Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission i;

(p) The South Pacific Regional Fisheries Management Organisation (SPFO) area is the high seas area south of the Equator, north of the CCAMLR Convention area, east of the SIOFA Convention Area as defined in the Council Decision 2006/496/EC of 6 July 2006 on the signing, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement , and west of the areas of fisheries jurisdictions of South American States;

(q) The WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined in Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean i.

14.

CHAPTER II


Fishing opportunities and associated conditions for Community vessels

Article 5

Catch limits and allocations

1. The catch limits for Community vessels in Community waters or in certain non Community waters and the allocation of such catch limits among Member States and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I.

2. Community vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Articles 11, 20 and 21.

3. The Commission shall fix the final catch limits for the fisheries on sandeel in ICES zones IIIa and IV and EC waters of ICES zone IIa according to the rules laid down in point 8 of Annex IID.

4. The Commission shall fix catch limits for capelin in Greenland waters of ICES zones V and XIV available to the Community at 7,7% of the capelin TAC as soon as the TAC has been established.

5. Catch limits for the stock of Norway pout in ICES zone IIIa and in EC waters of ICES zones IIa and IV and for the stock of sprat in EC waters of ICES zones IIa and IV may be revised by the Commission in accordance with the procedure referred to in Article 30 i of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2008.

6. The Commission shall fix the catch limits for the stock of anchovy in ICES zone VIII in the light of scientific information collected during the first half of 2008 and of discussions taking place in the context of a multi-annual plan for anchovy.

15.

Article 6


Prohibited species

It shall be prohibited for Community vessels to fish for, to retain on board, to tranship and to land the following species in all Community and non-Community waters:

– Basking shark (Cetorhinus maximus)

– White shark (Carcharodon carcharias).

16.

Article 7


Special provisions on allocations

1. The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:

(a) exchanges made pursuant to Article 20 i of Regulation (EC) No 2371/2002;

(b) reallocations made pursuant to Articles 21 i, 23 i and 32 i of Regulation (EEC) No 2847/93;

(c) additional landings allowed under Article 3 of Regulation (EC) No 847/96;

(d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

(e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

2. For the purpose of withholding quotas to be transferred to 2009, Article 4 i of Regulation (EC) No 847/96 shall apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.

17.

Article 8


Fishing effort limits and associated conditions for the management of stocks

1. From 1 February 2008 to 31 January 2009, the fishing effort limitations and associated conditions laid down in:

(a) Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak and ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa;

(b) Annex IIB shall apply for the management of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cadiz;

(c) Annex IIC shall apply for the management of the sole stock in ICES zone VIIe;

(d) Annex IID shall apply for the management of sandeel stocks in ICES zones IIIa and IV and EC waters of ICES zone IIa.

2. For the period 1 January 2009 to 31 January 2009 for the stocks mentioned in paragraph 1(a), (b), (c) and (d), the fishing effort and associated conditions laid down in Annexes IIA, IIB, IIC and IID to Regulation (EC) No 41/2007 shall continue to apply.

3. The Commission shall fix the final fishing effort for 2008 for the fisheries on sandeel in ICES zones IIIa and IV and in EC waters of ICES zone IIa based on the rules laid down in points 3 to 7 of Annex IID.

4. Member States shall ensure that for 2008 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 70% of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held and/or deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep sea species, other than greater silver smelt, were caught.

18.

Article 9


Conditions for landing catches and by-catches

1. Fish from stocks for which catch limits are established shall be retained on board or landed only if:

(a) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(b) the catches consist of a part of a Community share which has not been allocated by quota among Member States, and that share has not been exhausted.

2. By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:

(a) species, other than herring and mackerel, where

(i) they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98, and

(ii) the catches are not sorted either on board or on landing;

or

(b) mackerel, where

(i) they are caught mixed with horse mackerel or pilchard;

(ii) they do not exceed 10% of the total weight of mackerel, horse mackerel and pilchard on board and;

(iii) the catches are not sorted either on board or on landing.

3. All landings shall count against the quota or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of paragraph 2.

4. The determination of the percentage of by-catches and their disposal shall be made in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.

19.

Article 10


Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa

1. Article 2 i of Regulation (EC) No 1434/98, shall not apply to herring caught in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.

2. When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa are exhausted, vessels flying the flag of that Member State, registered in the Community and operating within the fisheries to which the relevant catch limitations apply, shall be prohibited from landing catches which are unsorted and which contain herring.

3. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.

4. Unsorted catches in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 1 is in place.

20.

Article 11


Access limits

No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to four nautical miles from the baselines of Norway.

21.

Article12


Determination of mesh size and twine thickness

Mesh size and twine thickness referred to in this Regulation shall be determined in accordance with Commission Regulation (EC) No 129/2003 of 20 January 2003 laying down detailed rules for determining the mesh seize and thickness of twine of fishing nets i.

22.

Article 13


Transitional technical and control measures

Transitional technical and control measures for Community vessels shall be as set out in Annex III.

23.

CHAPTER III


Catch limits and associated conditions for third-country fishing vessels

Article 14

Authorisation

Fishing vessels flying the flag of Venezuela and Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the catch limits set out in Annex I, and subject to the conditions provided for in Articles 15,16 and 17 and 21 to 27.

24.

Article 15


Prohibited species

It shall be prohibited for third-country fishing vessels to fish for, to retain on board, to tranship and to land the following species in all Community waters:

– Basking shark (Cetorhinus maximus)

– White shark (Carcharodon carcharias).

25.

Article 16


Geographical restrictions

1. Fishing by fishing vessels flying the flag of Norway or registered in the Faroe Islands shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of Member States in ICES zone IV, the Kattegat and the Atlantic Ocean north of 43°00'N, except the area referred to in Article 18 of Regulation (EC) No 2371/2002.

2. Fishing in the Skagerrak by fishing vessels flying the flag of Norway shall be allowed seawards of four nautical miles from the baselines of Denmark and Sweden.

3. Fishing by fishing vessels flying the flag of Venezuela shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of the Department of French Guyana.

26.

Article 17


Transit through Community waters

Third-country fishing vessels that transit through Community waters shall stow their nets so that they may not readily be used, in accordance with the following conditions:

(a) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes,

(b) nets which are on or above deck shall be securely lashed to some part of the superstructure.

27.

Article 18


Conditions for landing catches and by-catches

Fish from stocks for which catch limits are fixed shall not be retained on board or landed unless the catches have been taken by fishing vessels of a third-country having a quota and that quota is not exhausted.

28.

Article 19


Transitional technical and control measures

Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.

29.

CHAPTER IV


Licensing arrangements for Community vessels

Article 20

Licences and associated conditions

1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing by Community vessels in waters of a third country shall be subject to the holding of a licence issued by the authorities of that third country.

2. However, paragraph 1 shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

30.

a) vessels of a tonnage equal to or less than 200 GT; or


b) vessels carrying out fisheries for human consumption for species other than mackerel; or

c) vessels flying the flag of Sweden, in line with established practice.

3. The maximum number of licences and other associated conditions shall be fixed as set out in Part I of Annex IV. Requests for licences shall indicate the types of fishing and the name and characteristics of the Community vessels for which licences are to be issued and shall be addressed by the authorities of the Member States to the Commission. The Commission shall submit these requests to the authorities of the third country concerned.

4. If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex IV, the transfer shall include an appropriate transfer of licences and shall be notified to the Commission. However, the total number of licences for each fishing area, as set out in Part I of Annex IV, shall not be exceeded.

5. Community vessels shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.

31.

Article 21


Faroe Islands

Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification to the Faroese authorities.

32.

CHAPTER V


Licensing arrangements for third-country fishing vessels

Article 22

Obligation to have a licence and a special fishing permit

1. Notwithstanding Article 28b of Regulation (EEC) No 2847/93, fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a licence and a special fishing permit.

2. The licence and special fishing permit shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

3. Fishing vessels from third countries authorised to fish on 31 December 2007 may continue to fish as from 1 January 2008 until the list of fishing vessels authorised to fish is submitted to, and approved by, the Commission.

33.

Article 23


Application for a licence and special fishing permit

An application to the Commission for a licence and special fishing permit from an authority of a third-country shall be accompanied by the following information:

(a) name of the vessel;

(b) registration number;

(c) external identification letters and numbers;

(d) port of registration;

(e) name and address of the owner or charterer;

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

(i) intended method of fishing;

(j) intended area of fishing;

(k) species for which it is intended to fish;

(l) period for which a licence is applied for.

34.

Article 24


Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.

35.

Article 25


Cancellation and withdrawal

1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day preceding the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.

2. Licences and special fishing permits shall be wholly or partially withdrawn before their date of expiry if the quota for the stock in question as set out in Annex I has been exhausted.

3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.

36.

Article 26


Failure to comply with relevant rules

1. For a period not exceeding 12 months, no licence or special fishing permit shall be issued for any third-country fishing vessel in respect of which the obligations laid down in this Regulation have not been fulfilled.

2. The Commission shall submit to the authorities of the third-country concerned the names and characteristics of the third-country fishing vessels which will not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules of this Regulation.

37.

Article 27


Obligations of the licence holder

1. Third-country fishing vessels shall comply with the conservation and control measures and other provisions governing fishing by Community vessels in the zone in which they operate, in particular Regulations (EEC) No 1381/87, (EEC) No 2847/93, (EC) No 1627/94, (EC) No 850/98, (EC) No 1434/98, and Council Regulation (EC) No 2187/2005 i.

2. The third-country fishing vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Part I of Annex V, shall be entered.

3. Third-country fishing vessels, except vessels flying the flag of Norway fishing in ICES zone IIIa, shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.

38.

Article 28


Specific provisions concerning the Department of French Guyana

1. The granting of licences to fish in the waters of the Department of French Guyana shall be subject to an undertaking by the owner of the third-country fishing vessel concerned to permit an observer to come on board at the Commission's request.

2. Third-country fishing vessels fishing in the waters of the Department of French Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex V. Catch data shall be sent to the Commission upon request, via the French authorities.

39.

CHAPTER VI


Special provisions for Community vessels fishing in the Mediterranean Sea

Article 29

Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)

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 2008 to 14 August of 2008, in all geographical sub-areas of the GFCM Agreement area.

2. By way of derogation from the provisions of 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 then the Member State can 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 before 1 January 2009 to the Commission an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using fish aggregating devices during the prohibition period from 1 January 2009 until 31 January 2009. Such an application shall be accompanied by the following information:

(a) a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information;

(b) name of the vessel;

(c) registration number;

(d) external identification letters and numbers as defined in Annex I to Commission Regulation (EC) No 26/2004 i.

The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.

3. Member States shall send to the Commission before 1 November 2008 a report on the implementation of the measures referred to in paragraph 1.

40.

Article 30


Establishment of fisheries restrictive areas in order to protect the deep sea sensitive habitats

1. Fishing with towed dredges and bottom trawl nets shall be prohibited in the areas bounded by lines joining the following coordinates:

(a) Deep Sea fisheries restricted area 'Lophelia reef off Capo Santa Maria di Leuca'

- 39° 27.72' N, 18° 10.74' E

- 39° 27.80' N, 18° 26.68' E

- 39° 11.16' N, 18° 04.28' E

- 39° 11.16' N, 18° 35.58' E

(b) Deep Sea fisheries restricted area 'The Nile delta area cold hydrocarbon seeps'

- 31° 30.00' N, 33° 10.00' E

- 31° 30.00' N, 34° 00.00' E

- 32° 00.00' N, 34° 00.00' E

- 32° 00.00' N, 33° 10.00' E

(c) Deep Sea fisheries restricted area 'The Eratosthemes Seamount'

- 33° 00.00' N, 32° 00.00' E

- 33° 00.00' N, 33° 00.00' E

- 34° 00.00' N, 33° 00.00' E

- 34° 00.00' N, 32° 00.00' E

2. Member States shall take measures necessary for the protection of the deep sea sensitive habitats in the areas referred to in paragraph 1 and in particular shall ensure to protect these areas from the impacts of any other than fishing activity jeopardizing the conservation of the features that characterize these particular habitats.

41.

Article 31


Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries

1. By way of derogation from Articles 8(1)(h) and 9(3) i of Regulation (EC) No 1967/2006, Member States may continue to authorize fishing vessels flying their flag the use of codend mesh size smaller than 40 mm diamond to operate in certain local and seasonal demersal trawl fisheries exploiting not-shared demersal.

2. Paragraph 1 shall apply only to fishing activities already formally authorized by Member States in accordance with national law in force on 1 January 2007 and shall not involve any future increase in fishing effort with respect to the year 2006.

3. Member States shall submit to the Commission before 5 January 2008, and through the accustomed data-processing support, the list of vessels authorised in accordance with paragraph 1. The list of authorised vessels shall include the following information:

(a) name of the vessel;

(b) the vessel's Community fleet register number (CFR) and external marking as defined in Annex I to Commission Regulation (EC) No 26/2004;

(c) the authorized fishery(ies) carried out by each vessel defined in terms of target stock(s), fishing area as determined in Resolution GFCM/31/2007/2 and fishing gear deployed;

(d) the authorised fishing period.

4 The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.

42.

CHAPTER VII


Special provisions for Community vessels fishing for Greenland halibut in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO)

Article 32

Catch reporting


1. The master of a vessel authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 shall, by electronic means, send to the competent authorities of his flag Member State a catch report stating the quantities of Greenland halibut caught by his vessel, including zero catch returns.

2. The report provided for in paragraph 1 shall for the first time be transmitted at the latest at the end of the tenth day following the date of the entry of the vessel into the NAFO Regulatory Area or after the beginning of the fishing trip. The report shall be transmitted on a five day basis. When catches of Greenland Halibut notified in accordance with paragraph 1 are deemed to have exhausted 75 % of the flag Member States' quota allocation, the master of a vessel shall transmit the reports on a three day basis.

3. Each Member State shall upon receipt forward the catch reports to the Commission. The Commission shall promptly forward that information to the NAFO Secretariat.

43.

Article 33


Additional control measures

1. Vessels authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 may only enter into the NAFO Regulatory Area to fish for Greenland halibut if they have less than 50 tons of any catch on board or if access is permitted in accordance with paragraphs 2, 3 and 4.

2. Where a vessel authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 has catches from outside the NAFO Regulatory Area of 50 tons or more on board, it shall communicate to the NAFO Secretariat by e-mail or fax at the latest 72 hours prior to the entry (ENT) into the NAFO Regulatory area, the amount of catch retained on board, the position (latitude/ longitude) where the master of the vessel estimates that the vessel will commence fishing, and the estimated time of arrival at the position.

3. If an inspection vessel, following the notification referred to in paragraph 2, signals its intention to carry out an inspection, it shall communicate the coordinates of a checkpoint for an inspection to take place to the fishing vessel. The checkpoint shall be no more than 60 nautical miles from the position where the master of the vessel estimates that the vessel will commence fishing.

4. If a fishing vessels authorized to fish for Greenland halibut in accordance with Article 5 of Regulation (EC) No 2115/2005 receives no communication from the NAFO Secretariat or from an inspection vessel, by the time it enters the NAFO Regulatory Area, that an inspection vessel intends to carry out an inspection in accordance with paragraph 3, the fishing vessel may proceed to fish. The fishing vessel may also commence fishing activities without prior inspection if the inspection vessel has not commenced the inspection within three hours following the arrival of the fishing vessel at the checkpoint.

44.

Article 34


Coral protection zone

In NAFO Division 3O the area defined in Annex VII shall be closed to all fishing activity involving bottom contact gear.

45.

CHAPTER VIII


Special provisions for landing or transhipping of frozen fish caught by third country fishing vessels in the area of the North-East Atlantic Fisheries Convention (NEAFC)

Article 35

Port State control

Without prejudice to Council Regulation (EEC) No 2847/93 and to Council Regulation (EC) No 1093/94 of 6 May 1994 setting down the terms under which fishing vessels of a third country may land directly and market their catches at Community ports i the procedures set out in this Chapter shall apply to landing or transhipping in ports of Member States of frozen fish caught by third country fishing vessels in the NEAFC Convention area.

46.

Article 36


Designated ports

Landings and transhipments in Community waters are only allowed in designated ports.

Member States shall designate a place used for landings or a place close to the shore (designated ports) where landings or transhipment operations of fish, referred to in Article 35, are permitted. Member States shall notify to the Commission of any changes to the list of ports designated in 2007 at least fifteen days before the change shall come into force.

The Commission shall publish the list of designated ports and changes thereto in the C series of the Official Journal of the European Union and place it on its website.

47.

Article 37


Prior notice of entry into port

1. By way of derogation from Article 28e i of Council Regulation (EEC) No 2847/93 the masters of all fishing vessels or their representatives, carrying fish referred to in Article 35, intending to call into a port to land or tranship shall notify the competent authorities of the Member State of the port they wish to use at least three working days before the estimated time of arrival.

2. The notification referred to in paragraph 1 shall be accompanied by the form provided for in Part I of Annex X with Part A duly completed as follows:

(a) Form PSC 1 shall be used where the fishing vessel is landing its own catch;

(b) Form PSC 2 shall be used where the fishing vessel has engaged in transhipment operations. In such cases a separate form shall be used for each donor vessel.

3. The port Member State shall forward a copy of the form as referred to in paragraph 2 without delay to the flag State of the fishing vessel and to the flag State(s) of donor vessels when the vessel has engaged in transhipment operations.

48.

Article 38


Authorisation to land or tranship

1. Landings or transhipments may only be authorised by the competent authorities of the port State if the flag State of the fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, the flag State or States of donor vessels, have confirmed by returning a copy of the form transmitted pursuant to Article 37 i with Part B duly completed, that:

(a) the fishing vessels declared to have caught the fish had sufficient quota for the species declared;

(b) the quantities of fish on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable;

(c) the fishing vessels declared to have caught the fish had authorisation to fish in the areas declared;

(d) the presence of the vessel in the area of catch declared has been verified according to VMS data.

Landing or transhipment operations may only commence after authorisation has been given by the competent authorities of the Port State.

2. By way of derogation from paragraph 1 the port State may authorise all or part of a landing in the absence of the confirmation referred to in paragraph 1 but shall in such cases keep the fish concerned in storage under the control of the competent authorities. The fish shall only be released to be sold, taken over or transported once the confirmation referred to in paragraph 1 has been received. If the confirmation has not been received within 14 days of the landing the port State may confiscate and dispose of the fish in accordance with national rules.

3. The competent authorities of the port Member State shall notify without delay its decision whether or not to authorise the landing or transhipment by transmitting a copy of the form provided for in Part I of Annex X with Part C duly completed to the Commission and to the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Convention area.

49.

Article 39


Inspections

1. The competent authorities of Member States shall carry out inspections of at least 15% of landings or transhipments by third country fishing vessels, referred to in Article 35, in its ports each year.

2. Inspections shall involve the monitoring of the entire discharge or transhipment and include a cross-check between the quantities by species recorded in the prior notice of landing and the quantities by species landed or transhipped.

3. Inspectors shall make all possible efforts to avoid unduly delaying a fishing vessel and ensure that the fishing vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided.

50.

Article 40


Inspection reports

1. Each inspection shall be documented by completing an inspection report as set out in Part II of Annex X.

2. A copy of each inspection report shall be transmitted without delay to the flag State of the inspected fishing vessel and to the flag State or States of donor vessels where the fishing vessel has engaged in transhipment operations and to the Commission and the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Convention Area.

3. The original or a certified copy of each inspection report shall be forwarded on request to the flag State of the inspected fishing vessel.

51.

CHAPTER IX


Special provisions for Community vessels fishing in the area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)

section 1

restrictions and vessel information requirements

Article 41

Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex VIII shall be prohibited in the zones and during the periods set out in that Annex.

2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex IXshall apply in the Subareas set out in that Annex.

52.

Article 42


Information requirements relating to vessels authorised to fish in the area of CCAMLR

1. As from 1 August 2008, Member States shall communicate to the Commission, in addition to the information requirements relating to authorised vessels set forth in Article 3 i of Regulation (EC) No 601/2004, the following in respect of such vessels:

(a) vessel IMO number (if issued);

(b) previous flag, if any;

(c) international Radio Call Sign;

(d) name and address of vessel's owner(s), and any beneficial owner(s), if known;

(e) where and when the vessel was built;

(f) type of vessel;

(g) length;

(h) colour photograph of the vessel, which shall consist of:

(i) one photograph not smaller than 12 x 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features;

(ii) one photograph not smaller than 12 x 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features;

(iii) one photograph not smaller than 12 x 7 cm showing the stern, taken directly from astern;

(i) measures taken to ensure tamper-proof operation of the satellite monitoring device installed on board.

2. As from 1 August 2008, Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the Area of CCAMLR:

(a) name and address of operator, if different from vessel owner(s);

(b) names and nationality of master and, where relevant, of fishing master;

(c) type of fishing method or methods;

(d) beam (m);

(e) gross registered tonnage;

(f) vessel communication types and numbers (INMARSAT A, B and C numbers);

(g) normal crew complement;

(h) power of main engine or engines;

(i) carrying capacity (tonnes), number of fish holds and their capacity (m³);

any other information (e.g. ice classification) considered appropriate.

53.

Article 43


Report of vessel sightings

1. In the event that the master of a licensed fishing vessel sights a fishing vessel within the Convention Area, the master shall, where possible, document as much information as possible on each such sighting, including:

(a) name and description of the vessel;

(b) vessel call sign;

(c) registration number and the Lloyds/IMO number of the vessel;

(d) flag state of the vessel;

(e) photographs of the vessel to support the report;

(f) any other relevant information regarding the observed activities of the sighted vessel.

2. The master shall forward a report containing the information referred to in paragraph 1 to their flag State as soon as possible. The Flag State shall submit to the CCAMLR Secretariat any such reports if the sighted vessel is engaged in illegal, unreported and unregulated (IUU) fishing activities according to CCAMLR standards.

54.

section 2


exploratory fisheries

Article 44

Participation in exploratory fisheries

1. Fishing vessels flying the flag of, and registered in, Spain that have been notified to CCAMLR in accordance with the provisions of Article 7 of Regulation (EC) No 601/2004 may participate in long-line exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2, 58.4.3a) outside Areas of national jurisdiction and 58.4.3b) outside Areas of national jurisdiction.

2. No more than one fishing vessel per Member State shall fish in Divisions 58.4.3a) and 58.4.3b) at any one time.

3. With regard to Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2, total catch and by-catch limits per Subarea and Division, and their distribution among Small Scale Research Units (SSRUs) within each of them shall be as set out in Annex XIV. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit, and that SSRU shall be closed to fishing for the remainder of the season.

4. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.

55.

Article 45


Reporting systems

Fishing vessels participating in the exploratory fisheries as referred to in Article 44 shall be subject to the following catch and effort reporting systems:

(a) the Five-day Catch and Effort Reporting System set out in Article 12 of Regulation (EC) No 601/2004, with the exception that Member States shall submit to the Commission catch and effort reports not later than two working days after the end of each reporting period, for immediate transmission to CCAMLR. In Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2, reporting shall be made by Small Scale Research Units;

(b) the Monthly fine-scale Catch and Effort Reporting System set out in Article 13 of Regulation (EC) No 601/2004;

(c) the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the 'jellymeat' condition, shall be reported.

56.

Article 46


Special requirements

1. The exploratory fisheries as referred to in Article 44 shall be carried out in accordance with Article 8 of Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources i with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures:

(a) the discharge of offal shall be prohibited in these fisheries;

(b) vessels participating in exploratory fisheries in Divisions 58.4.1 and 58.4.2 which comply with CCAMLR Protocols (A, B or C) for longline weighting shall be exempted from the night-setting requirement; however, vessels which catch a total of three seabirds shall immediately revert to night setting in accordance with Article 8 of Regulation (EC) No 600/2004;

(c) vessels participating in exploratory fisheries in Subareas 88.1 and 88.2 as well as Divisions 58.4.3a) and 58.4.3b) which catch a total of three seabirds shall cease fishing immediately and shall not be permitted to fish outside the normal fishing season for the remainder of the 2005/06 season.

2. Fishing vessels participating in exploratory fisheries in FAO Subareas 88.1 and 88.2 shall be subject to the following additional requirements:

(a) Vessels shall be prohibited from discharging:

(i) oil or fuel products or oily residues into the sea, except as permitted in Annex I to MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships);

(ii) garbage;

(iii) food wastes not capable of passing through a screen with openings no greater than 25 mm;

(iv) poultry or parts thereof (including egg shells);

(v) sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than 4 knots;

(vi) incineration ash; or

(vii) offal.

(b) no live poultry or other living birds shall be brought into Subareas 88.1 and 88.2 and any dressed poultry not consumed shall be removed from Subareas 88.1 and 88.2;

(c) fishing for Dissostichus spp. in Subareas 88.1 and 88.2 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.

57.

Article 47


Definition of hauls

1. For the purposes of this Section, a haul shall comprise the setting of one or more lines in a single location. The precise geographic position of a haul shall be determined by the centre-point of the line or lines deployed for the purposes of catch and effort reporting.

2. To be designated as a research haul:

(a) each research haul shall be separated by no less than five nautical miles from any other research haul, distance to be measured from the geographical mid-point of each research haul;

(b) each haul shall comprise at least 3 500 hooks and no more than 10 000 hooks; this may comprise a number of separate lines set in the same location;

(c) each haul of a longline shall have a soak time of not less than six hours, measured from the time of completion of the setting process to the beginning of the hauling process.

58.

Article 48


Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 44 shall implement Research Plans, in each and all SSRUs in which FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 are divided. The Research Plan shall be implemented in the following manner:

(a) on first entry into a SSRU, the first 10 hauls, designated 'first series', shall be designated 'research hauls' and must satisfy the criteria set out in Article 63 i;

(b) the next 10 hauls, or 10 tonnes of catch, whichever trigger level is achieved first, shall be designated the 'second series'. Hauls in the second series may, at the discretion of the master, be fished as part of normal exploratory fishing. However, provided they satisfy the requirements of Article 63 i, these hauls may also be designated as research hauls;

(c) on completion of the first and second series of hauls, if the master wishes to continue to fish within the SSRU, the vessel shall undertake a 'third series' which shall result in a total of 20 research hauls being made in all three series. The third series of hauls shall be completed during the same visit as the first and the second series in a SSRU;

(d) on completion of 20 research hauls of the third series, the vessel may continue to fish within the SSRU;

(e) in SSRUs A, B, C, E and G in Subareas 88.1 and 88.2 where fishable seabed area is less than 15 000 km², points (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.

59.

Article 49


Data collection plans

1. Fishing vessels participating in the exploratory fisheries referred to in Article 44 shall implement data collection plans, in each and all SSRUs in which FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 are divided. The Data Collection Plan shall comprise the following data:

(a) the position and sea depth at each end of every line in a haul;

(b) the setting, soak, and hauling times;

(c) the number and species of fish lost at surface;

(d) the number of hooks set;

(e) the bait type;

(f) the baiting success (%);

(g) the hook type; and

(h) the sea and cloud conditions and phase of the moon at the time of setting the lines.

2. All data referred to under paragraph 1 shall be collected for every research haul; in particular, all fish in a research haul up to 100 fish are to be measured and at least 30 fish sampled for biological studies. Where more than 100 fish are caught, a method for randomly subsampling the fish shall be applied.

60.

Article 50


Tagging programme

1. Each fishing vessel participating in the exploratory fisheries as referred to in Article 44 shall implement a tagging programme as follows:

(a) Dissostichus spp. individuals shall be tagged and released in accordance with the provisions set out in the CCAMLR Tagging Program and Protocol for Dissostichus spp. in exploratory fisheries. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged one individual per tonne of green weight caught;

(b) the programme shall target individuals of all sizes in order to meet the tagging requirement. Only toothfish that are in good condition shall be tagged. All released individuals shall be double-tagged and releases shall cover as broad a geographical area as possible;

(c) all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual;

(d) all recaptured tagged individuals (i.e. fish caught that have a previously inserted tag) shall not be re-released, even if it was at liberty for only a short period;

(e) all recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic photograph taken if possible, the otoliths recovered and the tag removed;

(f) all relevant tag data and any data recording tag recaptures shall be reported electronically in the CCAMLR format to CCAMLR within three months of the vessel departing these fisheries;

(g) all relevant tag data, any data recording tag recaptures, and specimens from recaptures shall also be reported electronically in the CCAMLR format to the relevant regional tag data repository as detailed in the CCAMLR Tagging Protocol.

2. Toothfish that are tagged and released shall not be counted against the catch limits.

61.

Article 51


Scientific observers and inspectors

1. Each fishing vessel participating in the exploratory fisheries referred to in Article 44 shall have at least two scientific observers, one of which shall be an observer appointed in accordance with the CCAMLR Scheme of International Scientific Observation, on board throughout all fishing activities within the fishing period.

2. Each Member State, subject to and in accordance with their applicable laws and regulations, including rules governing the admissibility of evidence in domestic courts, shall consider and act on reports from Inspectors of designating CCAMLR Member under this scheme on the same basis as reports from its own Inspectors and both Contracting Party and designating CCAMLR Member concerned shall cooperate in order to facilitate judicial or other proceedings arising from any such report.

62.

Article 52


Notifications of intent to participate in a krill fishery

Each Member State intending to fish for krill in the Convention Area shall notify the CCAMLR Secretariat of their intent not less than four i months in advance of the regular annual meeting of the Commission, immediately prior to the season in which they intend to fish.

63.

Article 53


Interim prohibition of deep-sea gillnetting

1. The use of gillnets in the Convention Area, for purposes other than scientific research, is prohibited until such time as the Scientific Committee has investigated and reported on the potential impacts of this gear and the Commission has agreed on the basis of advice from the Scientific Committee that such a method may be used in the Convention Area.

2. The use of gillnets for scientific research in waters deeper than 100 meters shall be notified in advance to the Scientific Committee and be approved by the Commission before such research can commence.

3. Any vessel seeking to transit the Convention Area carrying gillnets must give advance notice of its intent, including the expected dates of its passage through the Convention Area to the CCAMLR Secretariat. Any vessel in possession of gillnets within the Convention Area which has not given such an advance notice, shall be in breach of this provisions.

64.

Article 54


Interim restrictions on the use of bottom trawling gear in the high-seas of the Convention Area for the fishing seasons 2007/08 and 2008/09

1. The use of bottom trawling gear in the high-seas areas of the Convention Area is restricted to areas for which the CCAMLR has conservation measures in force for bottom trawling gear.

2. Paragraph 1 shall not apply to the use of bottom trawling gear in conducting scientific research in the Convention Area.

65.

CHAPTER X


Special provisions for Community vessels fishing in the area of the South East Atlantic Fisheries Organisation (SEAFO)

section 1

Authorisation of vessels

Article 55

Authorisation of vessels

1. Member States shall submit electronically, where possible, to the Commission by 1 June 2008, the list of their vessels that are authorised to operate in the SEAFO Convention Area by issue of a fishing permit.

2. Owners of the vessels included in the list referred to in paragraph 1 shall be citizens or legal entities of the Community.

3. Fishing vessels may be authorised to operate in the SEAFO Convention Area only if they are able to fulfil in respect of those vessels the requirements and responsibilities under the SEAFO Convention and its conservation and management measures.

4. No fishing permit shall be issued to vessels that have a history of IUU fishing activities unless the new owners have provided sufficient evidence demonstrating that the previous owners and operators have no legal, beneficial or financial interest in, or control over those vessels, or that, having taken into account all relevant facts, their vessels are not engaged in or associated with IUU fishing.

5. The list referred to in paragraph 1 shall include the following information:

(a) name of vessel, registration number, previous names (if known), and port of registry;

(b) previous flag (if any);

(c) International Radio Call Sign (if any);

(d) name and address of owner or owners;

(e) type of vessel;

(f) length;

(g) name and address of operator (manager) or operators (managers) (if any);

(h) gross register tonnage; and

(i) power of main engine or engines.

6. Member States shall promptly notify the Commission, after the establishment of the initial list of authorised vessels, of any addition to, deletion from and/or any modification at any time such changes occur.

66.

Article 56


Obligations for authorised vessels

1. Vessels shall comply with all the relevant SEAFO conservation and management measures.

2. Authorised vessels shall keep on board valid certificates of vessel registration and valid authorisation to fish and/or tranship.

67.

Article 57


Unauthorised vessels

1. Member States shall take measures to prohibit the fishing for, the retaining on board, the transhipment and landing of species covered by the SEAFO Convention by the vessels which are not entered into the SEAFO record of authorised vessels.

2. Member States shall notify the Commission of any factual information showing that there are reasonable grounds for suspecting vessels not on the SEAFO record of authorised vessels to be engaged in fishing for and/or transhipment of species covered by the Convention in the Convention Area.

3. Member States shall take the necessary measures to ensure that the owners of vessels included in the SEAFO record of authorised vessels are not engaged in or associated with fishing activities conducted by vessels not entered into the record of authorised vessels in the SEAFO Convention Area.

68.

section 2


transhipments

Article 58

Prohibition of transhipments at sea

Each Member State shall prohibit transhipments at sea by vessels flying their flag in the SEAFO Convention Area, for species covered by the SEAFO Convention.

69.

Article 59


In-port Transhipments

1. Community fishing vessels which catch species covered by the SEAFO Convention in the Convention Area shall only tranship in the port of a SEAFO Contracting Party if they have prior authorisation from the Contracting Party in whose port the operation will take place. Community fishing vessels shall be permitted to carry out transhipments only if they have obtained such a prior authorisation to tranship from the flag Member State and the port State.

2. Each Member State shall ensure that their authorised fishing vessels obtain a prior authorisation to engage in in-port transhipments. Member States shall also ensure that the transhipments are consistent with the reported catch amount of each vessel and require the reporting of transhipments.

3. The master of a Community fishing vessel who transships to another vessel, hereinafter referred to as “the receiving vessel”, any quantity of catches of species covered by the SEAFO Convention fished in the Convention Area shall at the time of the transshipment inform the flag State of the receiving vessel of the species and quantities involved, of the date of the transshipment and the location of catches and shall submit to his flag Member State a SEAFO transshipment declaration in accordance with the format set out in Part I of Annex XI.

4. The master of the Community fishing vessel shall notify, at least 24 hours in advance, the following information to the SEAFO Contracting Party in whose port the transshipment will take place:

- the names of the transshipping fishing vessels,

- the names of the receiving vessels,

- the tonnage by species to be transshipped,

- the day and port of transshipment.

5. Not later than 24 hours before the beginning, and at the end of a transshipment when this takes place in a port of a SEAFO Contracting Party, the master of the Community flagged receiving vessel shall inform the competent authorities of the port State of the quantities of catches of species covered by the SEAFO Convention on board his vessel and transmit the SEAFO transshipment declaration to these competent authorities within 24 hours.

6. The master of the receiving Community vessel shall, 48 hours before landing, submit a SEAFO transshipment declaration to the competent authorities of the port State where the landing takes place.

7. Each Member State shall take the appropriate measures to verify the accuracy of the information received and shall cooperate with the flag State to ensure that landings are consistent with the reported catches amount of each vessel.

8. Each Member State with vessels authorized to fish in the SEAFO Convention Area for species covered by the SEAFO Convention, shall notify by 1 June 2008 to the Commission the details of the transshipments by its flag vessels.

70.

Section 3


Conservation measures for the management of vulnerable deep-water habitats and ecosystems

Article 60

Closed areas

All fishing activities for species covered by the SEAFO Convention by Community fishing vessels shall be prohibited in the areas defined below:

(a) Sub Division A1

– Dampier Seamount

10o00’S 02o00’W 10o00’S 00o00’E

12o00’S 02o00’W 12o00’S 00o00’E

– Malahit Guyot Seamount

11o00’S 02o00’W 11o00’S 04o00’W

13o00’S 02o00’W 13o00’S 04o00’W

(b) Sub-division B1

– Molloy Seamount

27o00’S 08o00’E 27o00’S 10o00’E

29o00’S 08o00’E 29o00’S 10o00’E

(c) Division C

– Schmidt-Ott Seamount & Erica Seamount

37o00’S 13o00E 37o00’S 17o00’E

40o00’S 13o00E 40o00’S 17o00’E

– Africana seamount

37o00’S 28o00E 37o00’S 30o00E

38o00’S 28o00E 38o00’S 30o00E

– Panzarini Seamount

39o00’S 11o00’E 39o00’S 13o00’E

41o00’S 11o00’E 41o00’S 13o00’E

(d) Sub-division C1

– Vema Seamount

31o00’S 08o00’E 31o00’S 09o00’E

32o00’S 08o00’E 32o00’S 09o00’E

– Wust Seamount

33o00’S 06o00’E 33o00’S 08o00’E

34o00’S 06o00’E 34o00’S 08o00’E

(e) Division D

– Discovery, Junoy, Shannon Seamounts

41o00’S 06o00’W 41o00’S 03o00’E

44o00’S 06o00’W 44o00’S 03o00’E

– Schwabenland & Herdman Seamounts

44o00’S 01o00’W 44o00’S 02o00’E

47o00’S 01o00’W 47o00’S 02o00’E

71.

Article 61


Resumption of fishing in a closed area

1. No fishing shall resume in a closed fishing area referred to in Article 60 until the flag State has identified and mapped vulnerable marine ecosystems, including seamounts, hydrothermal vents and cold water corals in the area and made an assessment on the impact of any resumption of fishing on such vulnerable marine ecosystems.

2. The results of the identification, mapping and impact assessment carried out in accordance with paragraph 1 shall be submitted by the flag State to the Commission for transmission to the Annual Scientific Committee Meeting of SEAFO.

3. Member States may submit Research Fishing Plans to the Commission for evaluation of the impact of the fisheries on the sustainability of the fisheries resources and on vulnerable marine habitats.

72.

Section 4


Measures on reducing incidental by-catch of seabirds

Article 62

Information on interactions with seabirds


Member States shall collect and provide all available information to the Commission by 1 June 2008, on interactions with seabirds, including incidental catches by their fishing vessels, fishing for species covered by the SEAFO Convention.

73.

Article 63


Mitigation measures

1. All Community vessels fishing south of the parallel of latitude 30 degrees South shall carry and use bird-scaring lines (tori poles):

– Tori poles shall be in accordance with agreed tori pole design and deployment guidelines, as set out in Part II of Annex XI;

– Tori poles are to be deployed prior to longlines entering the water at all times south of the parallel of latitude 30 degrees South;

– Where practical, vessels are encouraged to use a second tori pole and bird-scaring line at times of high bird abundance or activity;

– Back-up tori lines shall be carried by all vessels and be ready for immediate use.

2. Longlines shall be set at night only (i.e. during the hours of darkness between the times of nautical twilight i). During longline fishing at night, only the minimum ship's lights necessary for safety shall be used.

3. The dumping of offal is prohibited while gear is being shot or set. The dumping of offal during the hauling of gear shall be avoided. Any such discharge shall take place, where possible, on the opposite side of the vessel to that where the gear is being hauled. For vessels or fisheries where there is not a requirement to retain offal on board the vessel, a system shall be implemented to remove fish hooks from offal and fish heads prior to discharge. Nets shall be cleaned prior to shooting to remove items that might attract seabirds.

4. Community fishing vessels shall adopt shooting and hauling procedures that minimise the time that the net is lying on the surface with the meshes slack. Net maintenance shall, to the extent possible, not be carried out with the net in the water.

5. Community fishing vessels shall be encouraged to develop gear configurations that will minimise the chance of birds encountering the part of the net to which they are most vulnerable. This could include increasing the weighting or decreasing the buoyancy of the net so that it sinks faster, or placing coloured streamer or other devices over particular areas of the net where the mesh sizes create a particular danger to birds.

6. Community fishing vessels which are so configured that they lack on-board processing facilities or adequate capacity to retain offal on-board, or the ability to discharge offal on the opposite side of the vessel to that where gear is being hauled, shall not be authorised to fish in the Convention Area.

7. Every effort shall be made to ensure that birds captured alive during fishing operations are released alive and that whenever possible hooks are removed without jeopardising the life of the bird concerned.

74.

Section 5


control

Article 64

Special Provisions for Patagonian Toothfish (Dissostichus eleginoides)

1. The master of a vessel authorised to fish for Patagonian Toothfish in the SEAFO Convention Area in accordance with Article 55 shall, by electronic means, send to the competent authorities of his flag Member State and the SEAFO Secretariat a catch report stating the quantities of Patagonian Toothfish caught by his vessel including nil returns. This report shall be sent every five days of the fishing trip. Each Member State shall promptly forward that information to the Commission. 2. Member States with vessels authorised to fish for Patagonian Toothfish in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2008.

75.

Article 65


Special Provisions for Deep-sea Red Crab (Chaceon spp)

1. The master of a vessel authorised to fish for Deep-sea Red Crab in the SEAFO Convention Area in accordance with Article 55 shall, by electronic means, send to the competent authorities of his flag Member State and the SEAFO Secretariat a catch report stating the quantities of Deep-sea Red Crab caught by his vessel including nil returns. This report shall be sent every five days of the fishing trip. Each Member State shall promptly forward that information to the Commission.

2. Member States with vessels authorised to fish for Deep-sea Red Crab in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2008.

76.

Article 66


Communication of vessel movements and catches

1. Fishing vessels and fishing research vessels authorised to fish in the Convention Area and which are engaged in fishing shall send entry, catch and exit reports to the flag Member State's authorities by VMS, or other appropriate means, and, if the flag Member State so requires, to the SEAFO Executive Secretary.

2. The entry report shall be made no more than 12 hours and at least 6 hours in advance of each entry into the Convention Area and shall include entering date, time, geographical position of the vessel and the quantity of fish on board by species (FAO 3 Alfa Code) and by live weight (Kg).

3. The Catch report shall be made by species (FAO 3 Alfa Code) and by live weight (Kg) at the end of each calendar month.

4. The exit report shall be made no more than 12 hours and at least 6 hours in advance of each exit from the Convention Area. It shall include exiting date, time, geographical position of the vessel, the number of fishing days and the catch taken by species (FAD 3 Alfa Code) and by live weight (Kg) in the Convention Area since the commencement of fishing in the Convention Area, or since the last catch report.

77.

Article 67


Scientific observation and collection of information to support stock assessment

1. Each Member State shall ensure that all its fishing vessels operating in the Convention Area, and targeting species covered by the SEAFO Convention, carry qualified scientific observers.

2. Each Member State shall require the submission of the information collected by the observers, in respect of each vessel flying its flag, within 30 days of leaving the Convention Area. The data shall be submitted in the format specified by the SEAFO Scientific Committee. The Member State shall provide a copy of the information to the Commission, as soon as possible, taking account of the need to maintain confidentiality of non-aggregated data. The Member State may also provide a copy of the information to the SEAFO Executive Secretary.

3. The information referred to in this Article shall, to the greatest extent possible, be collected and verified by designated observers by 30 June 2008 at the latest.

78.

Article 68


Sightings of non-Contracting Party vessels

1. Fishing vessels flying the flag of a Member State shall report to its flag Member State information on any possible fishing activity by vessels flying the flag of a non-Contracting Party in the Convention Area. This information shall contain, inter alia:

(a) Name of the vessel;

(b) Registration number of the vessel;

(c) Flag State of the vessel;

(d) Any other relevant information regarding the sighted vessel.

2. Each Member State shall submit the information referred to in paragraph 1 to the Commission as rapidly as possible. The Commission shall forward this information to the SEAFO Executive Secretary for information.

79.

CHAPTER XI


Special provisions for Community vessels fishing in the area of the Indian Ocean Tuna Commission (IOTC)

Article 69

Reduction of sea-birds by-catch

1. Member States shall collect and provide all available information to the IOTC, with copy to the Commission, on interactions with seabirds, including incidental catches by their fishing vessels.

2. Member States shall seek to achieve reductions in levels of seabird by catch across all fishing areas, seasons, and fisheries through the use of effective mitigation measures.

3. Community vessels fishing south of 30°S shall carry and use bird-scaring lines (tori poles) according to following technical provisions:

(a) Tori poles shall be in accordance with agreed tori pole design and deployment guidelines adopted by IOTC;

(b) Tori lines are to be deployed prior to longlines entering the water at all times south of 30°S;

(c) Where practical, vessels shalluse a second tori pole and bird-scaring line at times of high bird abundance or activity;

(d) Back-up tori lines shall be carried by all vessels and be ready for immediate use.

4. Community surface longline vessels, whilst targeting swordfish, utilising the “American longline system” and equipped with a line-throwing device, shall be exempted from the requirements of paragraph 3.

80.

Article 70


Limitation of fishing capacity of vessels fishing for tropical tunas

1. Member States shall limit to the effort levels in 2006, by gear type, the number of vessels flying their flag and having an overall length equal to or greater than 24 metres which fish for tropical tunas in the IOTC Area. They shall also limit to those levels, by gear type, the number of vessels flying their flag and having an overall length of less than 24 metres which fish for tropical tunas in the IOTC Area outside their exclusive economic zone. The limitation of the number of vessels shall be commensurate with the corresponding overall tonnage expressed in GRT (Gross Registered Tonnage) or in GT (Gross Tonnage). In cases where vessels are replaced, the overall tonnage shall not be exceeded.

2. Vessels under construction in the year 2006 and authorised to be introduced into the fleet shall be exempted from the provisions of paragraph 1.

3. Notwithstanding paragraph 1, Member States shall notify to the Commission the number and tonnage of their vessels fishing for tropical tunas in the area in 2006 by 1 January 2008 To that end they shall verify the effective presence and fishing activities of their vessels in the IOTC area in 2006, through their VMS records, catch reports, port calls, or other means.

4. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that the change in the number of vessels, by gear type, does not lead to an increase of fishing effort on the fish stocks involved.

5. 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.

81.

Article 71


Limitation of fishing capacity of vessels fishing for swordfish and albacore

1. Member States shall limit to the effort levels in 2007, by gear type, the number of vessels flying their flag and having an overall length equal to or greater than 24 metres, which fish for swordfish and albacore in the IOTC Area. The Member States shall also limit to those levels, by gear type, the number of vessels flying their flag and having an overall length of less than 24 metres which fish for swordfish and albacore in the IOTC Area outside their exclusive economic zone. The limitation of number of vessels shall be commensurate with the corresponding overall tonnage expressed in GRT (Gross Registered Tonnage) or in GT (Gross Tonnage). In cases where vessels are replaced, the overall tonnage shall not be exceeded.

2. Vessels under construction in the year 2007 and authorised to be introduced into the fleet shall be exempted from the provisions of paragraph 1.

3. Member States shall notify to the Commission the number and tonnage of their vessels fishing for swordfish and albacore in the area in 2007 by 1 January 2008. To that end, they shall verify the effective presence and fishing activities of their vessels in the IOTC area in 2007, through their VMS records, catch reports, port calls, or other means.

4. Notwithstanding paragraph 1, Member States may change the number of their vessels, by gear type, provided that they can demonstrate to the Commission that the change in the number of vessels, by gear type, does not lead to an increase of fishing effort on the fish stocks involved.

5. 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.

82.

CHAPTER XII


Special provisions for Community vessels fishing in the area of SPFO

Article 72

Pelagic fisheries – Capacity limitation

1. Member States shall limit the total level of gross tonnage (GT) of vessels flying their flag and fishing for pelagic stocks in 2008 to the levels of total GT recorded in 2007 in the SPFO area in a manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.

2. Member States shall communicate to the Commission by 1 January 2008 the total level of GT recorded in the Area in 2007 for those vessels flying their flag and actively fishing in 2007. In notifying this information, Member States shall verify the effective presence of their vessels in the SPFO area in 2007 through VMS records, catch reports, port calls or other means.

3. Member States with a catch history in the pelagic fisheries in the South Pacific, but not exercising their fisheries activities in 2007, may enter the fishery in the SPFO area in 2008 provided that they exercise voluntary restraint of fishing effort. These Member States shall promptly notify the Commission of the names and characteristics, including GT, of their vessels engaged in the fishery in the SPFO area.

4. Member States shall submit for review to the Interim Science Working Group of the SPFO any stock assessments and research in respect of pelagic stocks in the SPFO area and shall promote the active participation of their scientific experts in Organisation's scientific works on pelagic species.

5. Member States shall ensure as much as possible an appropriate level of observer coverage on fishing vessels flying their flag in order to observe the pelagic fisheries in the South Pacific and collect relevant scientific information.

83.

Article 73


Bottom fisheries

1. Member States shall limit bottom fishing effort or catch in the SPFO area to the average annual levels over the period 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort, and fishing capacity.

2. Member States shall not expand bottom fishing activities into new regions of the SPFO area where such fishing is not currently occurring.

3. Community vessels shall cease bottom fishing activities within five nautical miles of any site in the SPFO area where, in the course of fishing operations, evidence of vulnerable marine ecosystems is encountered. Community vessels shall report the encounter, including the location, and the type of ecosystem in question, to the authorities of the of their flag State, to the Commission and to the SPFO Interim Secretariat so that appropriate measures can be adopted in respect of the relevant site.

4. Member States shall appoint observers to each vessel flying their flag and undertaking or proposing to undertake bottom trawling activities in the SPFO area and ensure an appropriate level of observer coverage on vessels flying their flag and undertaking other bottom fishing activities in the SPFO area.

84.

Article 74


Data collection and sharing

Member States shall collect, verify and provide data in accordance with the procedures outlined in the SPFO Standards for the collection, reporting, verification and exchange of data.

85.

CHAPTER XIII


Special provisions for Community vessels fishing in the area of the Western and Central Pacific Fisheries Convention (WCPFC)

Article 75

Fishing effort limitations

Member States shall ensure that the total fishing effort for bigeye tuna, yellowfin tuna, skipjack tuna and south pacific albacore in the WCPFC area is limited to the fishing effort provided for in fisheries partnership agreements between the Community and coastal States in the region.

86.

Article 76


Management plans for the use of FADs

1. Member States whose vessels are authorised to fish in the WCPFC Area shall develop management plans for the use of anchored or drifting floating aggregate devices (FADs). Those management plans shall include strategies to limit the interaction with juvenile bigeye and yellowfin tuna.

2. Management plans referred to in paragraph 1 shall be submitted to the Commission not later than 15 October 2008. The Commission shall compile those management plans and submit a Community management plan to the WCPFC Secretariat not later than 31 December 2008.

87.

Article 77


Maximum number of vessels fishing for swordfish

The number of Community vessels fishing for swordfish in areas south of 20° S of the WCPFC Area shall not exceed 14 vessels. Community participation shall be limited to vessels flying the flag of Spain.

88.

CHAPTER XIV


Illegal, unreported and unregulated fisheries

Article 78

North Atlantic

Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic shall be subject to the measures set out in Annex XII.

89.

CHAPTER XV


Final provisions

Article 79

Data transmission

When pursuant to Articles 15 i and 18 i of Regulation (EEC) No 2847/93, Member States send data to the Commission relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

90.

Article 80


Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

Where the TACs of the CCAMLR area are set for periods starting before 1 January 2008, Article 57 shall apply with effect from the beginning of the respective periods of application of the TACs.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

91.

For the Council


The President

ANNEX I

Catch 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)

All catch limits set out in this Annex shall be considered as quotas for the purposes of Article 5 of this Regulation, and shall, therefore, be subject to the rules set out in Regulation (EC) No 2847/93, and in particular Articles 14 and 15 thereof

Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. The following table of correspondences of Latin names and common names is given for the purposes of this Regulation:

92.

Scientific name Alpha-3 code Common name


Ammodytidae SAN Sandeel

Anarhichas lupus CAT Atlantic catfish

Aphanopus carbo BSF Black scabbardfish

Argentina silus ARU Greater silver smelt

Beryx spp. ALF Alfonsinos

Boreogadus saida POC Polar cod

Brosme brosme USK Tusk

Centrophorus squamosus GUQ Leafscale gulper shark

Centroscymnus coelolepis CYO Portuguese dogfish

Cetorhinus maximus BSK Basking shark

Chaenocephalus aceratus SSI Blackfin icefish

Champsocephalus gunnari ANI Antarctic icefish

Channichthys rhinoceratus LIC Unicorn icefish

Chionoecetes spp. PCR Snow crab

Clupea harengus HER Herring

Coryphaenoides rupestris RNG Roundnose grenadier

Dalatias licha SCK Kitefin shark

Deania calcea DCA Birdbeak dogfish

Dissostichus eleginoides TOP Antarctic toothfish

Engraulis encrasicolus ANE Anchovy

Etmopterus princeps ETR Great lantern shark

Etmopterus pusillus ETP Smooth lantern shark

Etmopterus spinax ETX Velvet belly

Euphausia superba KRI Krill

Gadus morhua COD Cod

Galeorhinus galeus GAG Tope shark

Germo alalunga ALB Albacore tunna

Glyptocephalus cynoglossus WIT Witch flounder

Gobionotothen gibberifrons NOG Humped rockcod

Hippoglossoides platessoides PLA American plaice

Hippoglossus hippoglossus HAL Atlantic halibut

Hoplostethus atlanticus ORY Orange roughy

Illex illecebrosus SQI Short fin squid

Lamna nasus POR Porbeagle

Lampanyctus achirus LAC Lantern fish

Lepidonotothen squamifrons NOS Grey rockcod

Lepidorhombus spp. LEZ Megrims

Limanda ferruginea YEL Yellowtail flounder

Limanda limanda DAB Dab

Lophiidae ANF Anglerfish

Macrourus berglax RHG Roughead grenadier

Macrourus spp. GRV Grenadier

Makaira nigricans BUM Blue marlin

Mallotus villosus CAP Capelin

Martialia hyadesi SQS Squid

Melanogrammus aeglefinus HAD Haddock

Merlangius merlangus WHG Whiting

Merluccius merluccius HKE Hake

Micromesistius poutassou WHB Blue whiting

Microstomus kitt LEM Lemon sole

Molva dypterigia BLI Blue ling

Molva macrophthalmus SLI Spanish ling

Molva molva LIN Ling

Nephrops norvegicus NEP Norway lobster

Notothenia rossii NOR Marbled rockcod

Pagellus bogaraveo SBR Red Seabream

Pandalus borealis PRA Northern prawn

Paralomis spp. PAI Crab

Penaeus spp. PEN 'Penaeus' shrimps

93.

Phycis spp. FOX Forkbeards


Platichthys flesus FLX Flounder

Pleuronectes platessa PLE Plaice

Pleuronectiformes FLX Flatfish

Pollachius pollachius POL Pollack

Pollachius virens POK Saithe

Psetta maxima TUR Turbot

Pseudochaenichthus georgianus SGI South Georgian icefish

Rajidae SRX-RAJ Skates and rays

Reinhardtius hippoglossoides GHL Greenland halibut

Salmo salar SAL Atlantic salmon

Scomber scombrus MAC Mackerel

Scopthalmus rhombus BLL Brill

Sebastes spp. RED Redfish

Solea solea SOL Common sole

Solea spp. SOX Sole

Sprattus sprattus SPR Sprat

Squalus acanthias DGS Spurdog/dogfish

Tetrapturus alba WHM White marlin

Thunnus alalunga ALB Albacore

Thunnus albacares YFT Yellowfin tuna

Thunnus obesus BET Bigeye tuna

Thunnus thynnus BFT Bluefin tuna

Trachurus spp. JAX Horse mackerel

Trisopterus esmarki NOP Norway pout

Urophycis tenuis HKW White hake

Xiphias gladius SWO Swordfish

The following table of correspondences of common names and Latin names is given exclusively for explanatory purposes:

94.

Albacore ALB Thunnus alalunga


Albacore tunna ALB Germo alalunga

Alfonsinos ALF Beryx spp.

95.

American plaice PLA Hippoglossoides platessoides


Anchovy ANE Engraulis encrasicolus

Anglerfish ANF Lophiidae

Antarctic icefish ANI Champsocephalus gunnari

Antarctic toothfish TOP Dissostichus eleginoides

Atlantic catfish CAT Anarhichas lupus

Atlantic halibut HAL Hippoglossus hippoglossus

Atlantic salmon SAL Salmo salar

Basking shark BSK Cetorhinus maximus

Bigeye tuna BET Thunnus obesus

Birdbeak dogfish DCA Deania calcea

Black scabbardfish BSF Aphanopus carbo

Blackfin icefish SSI Chaenocephalus aceratus

Blue ling BLI Molva dypterigia

Blue marlin BUM Makaira nigricans

Blue whiting WHB Micromesistius poutassou

Bluefin tuna BFT Thunnus thynnus

Brill BLL Scopthalmus rhombus

Capelin CAP Mallotus villosus

Cod COD Gadus morhua

Common sole SOL Solea solea

Crab PAI Paralomis spp.

96.

Dab DAB Limanda limanda


Flatfish FLX Pleuronectiformes

Flounder FLX Platichthys flesus

Forkbeards FOX Phycis spp.

97.

Great lantern shark ETR Etmopterus princeps


Greater silver smelt ARU Argentina silus

Greenland halibut GHL Reinhardtius hippoglossoides

Grenadier GRV Macrourus spp.

98.

Grey rockcod NOS Lepidonotothen squamifrons


Haddock HAD Melanogrammus aeglefinus

Hake HKE Merluccius merluccius

Herring HER Clupea harengus

Horse mackerel JAX Trachurus spp.

99.

Humped rockcod NOG Gobionotothen gibberifrons


Kitefin shark SCK Dalatias licha

Krill KRI Euphausia superba

Lantern fish LAC Lampanyctus achirus

Leafscale gulper shark GUQ Centrophorus squamosus

Lemon sole LEM Microstomus kitt

Ling LIN Molva molva

Mackerel MAC Scomber scombrus

Marbled rockcod NOR Notothenia rossii

Megrims LEZ Lepidorhombus spp.

100.

Northern prawn PRA Pandalus borealis


Norway lobster NEP Nephrops norvegicus

Norway pout NOP Trisopterus esmarki

Orange roughy ORY Hoplostethus atlanticus

Penaeus shrimps PEN Penaeus spp.

101.

Plaice PLE Pleuronectes platessa


Polar cod POC Boreogadus saida

Pollack POL Pollachius pollachius

Porbeagle POR Lamna nasus

Portuguese dogfish CYO Centroscymnus coelolepis

Red Seabream SBR Pagellus bogaraveo

Redfish RED Sebastes spp.

102.

Roughead grenadier RHG Macrourus berglax


Roundnose grenadier RNG Coryphaenoides rupestris

Saithe POK Pollachius virens

Sandeel SAN Ammodytidae

Short fin squid SQI Illex illecebrosus

Skates and rays SRX-RAJ Rajidae

Smooth lantern shark ETP Etmopterus pusillus

Snow crab PCR Chionoecetes spp.

Sole SOX Solea spp.

103.

South Georgian icefish SGI Pseudochaenichthus georgianus


Spanish ling SLI Molva macrophthalmus

Sprat SPR Sprattus sprattus

Spurdog/dogfish DGS Squalus acanthias

Squid SQS Martialia hyadesi

Swordfish SWO Xiphias gladius

Tope shark GAG Galeorhinus galeus

Turbot TUR Psetta maxima

Tusk USK Brosme brosme

Unicorn icefish LIC Channichthys rhinoceratus

Velvet belly ETX Etmopterus spinax

White hake HKW Urophycis tenuis

White marlin WHM Tetrapturus alba

Whiting WHG Merlangius merlangus

Witch flounder WIT Glyptocephalus cynoglossus

Yellowfin tuna YFT Thunnus albacares

Yellowtail flounder YEL Limanda ferruginea


ANNEX IA

SKAGERRAK, KATTEGAT, ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EC waters of CECAF, French Guyana waters

Species: SandeelAmmodytidae Zone: Norwegian waters of IV SAN/04-N.

Denmark pm i Analytical TAC.Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

United Kingdom pm i

EC pm i

|

104.

TAC Not relevant


Quota for experimental fishery relating to sandeel abundance. The Commission will establish the conditions under which these quotas may be fished. Quotas may not be fished until the conditions are established. Unused quota from the experimental fishery may be carried forward to a commercial fishery if such quotas are established.

|

Species: SandeelAmmodytidae Zone: IIIa; EC waters of IIa and IV i SAN/2A3A4.

Denmark Not established Analytical TAC.Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

105.

United Kingdom Not established


All Member States Not established i

106.

EC Not established


Norway pm i

107.

TAC Not established


Excluding waters within 6 miles of UK baselines at Shetland, Fair Isle and Foula i Except Denmark and the United Kingdom i To be taken in the North Sea

|

Species: Greater silver smeltArgentina silus Zone: EC and international waters of I and IIARU/1/2.

Germany Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

108.

France


The Netherlands

United Kingdom

|

109.

EC


Species: Greater silver smeltArgentina silus Zone: EC and international waters of III and IVARU/3/4.

Denmark 1 Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies

110.

Germany


France

Ireland

The Netherlands

Sweden

United Kingdom

|

111.

EC 1


|

Species: Greater silver smeltArgentina silus Zone: EC and international waters of V, VI and VIIARU/567.

Germany Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies

112.

France


Ireland

The Netherlands

United Kingdom

|

113.

EC


|

114.

Species: TuskBrosme brosme Zone: EC waters of IIa, IV, Vb, VI and VIIUSK/2A47-C


EC Not relevant Analytical TAC.Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Norway pm i (2)

115.

TAC Not relevant


Of which an incidental catch of other species of pm% per ship, at any moment, is authorised in zones Vb, VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in zones Vb, VI and VII shall not exceed pm tonnes.(2) Including ling. The quotas for Norway are ling pm tonnes, and tusk pm tonnes and are interchangeable of up to pm tonnes and may only be fished with long-lines in zones Vb, VI and VII.

|

116.

Species: TuskBrosme brosme Zone: EC and international waters of I, II and XIVUSK/1214EI


Germany Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

117.

France


United Kingdom

Others i

118.

EC


Exclusively for by-catches. No directed fisheries are permitted under this quota.

|

Species: TuskBrosme brosme Zone: EC and international waters of IIIUSK/3EI.

Denmark Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

119.

Sweden


Germany

EC

|

|

Species: TuskBrosme brosme Zone: EC and international waters of IVUSK/4EI.

Denmark Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

120.

Germany


France

Sweden

United Kingdom

Others i

121.

EC


Exclusively for by-catches. No directed fisheries are permitted under this quota.

|

Species: TuskBrosme brosme Zone: EC and international waters of V, VI and VIIUSK/567EI.

Germany Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

122.

Spain


France

Ireland

United Kingdom

Others i

123.

EC


Exclusively for by-catches. No directed fisheries are permitted under this quota.

Species: TuskBrosme brosme Zone: Norwegian waters of IV USK/4AB-N.

Belgium pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies

124.

Denmark pm


Germany pm

France pm

The Netherlands pm

United Kingdom pm

EC pm

TAC Not relevant

|

Species: Herring(1)Clupea harengus Zone: IIIa HER/03A.

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

125.

Germany pm


Sweden pm

EC pm

Faroe Islands pm i

126.

TAC pm


Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.(2) To be taken in Skagerrak. Limited in the West by a line from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the South by a line from the lighthouse of Tistlarna and from there to the nearest coast of Sweden.

Species: Herring(1)Clupea harengus Zone: EC and Norwegian waters of ICES zone IV north of 53°30'NHER/04A., HER/04B.

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

127.

Germany pm


France pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm

Norway pm i

128.

TAC pm


Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States must inform the Commission of their landings of herring distinguishing between ICES zones IVa and IVb i May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

129.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified

Norwegian waters southof 62°N (HER/*04N-)

130.

EC pm


|

Species: HerringClupea harengus Zone: Norwegian waters south of 62°NHER/04-N.

Sweden pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

131.

EC pm


TAC not relevant

By-catches of cod, haddock, pollack and whiting and saithe shall be counted against the quota for these species

132.

Species: Herring(1)Clupea harengus Zone: By-catches in zone IIIaHER/03A-BC


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

133.

Germany pm


Sweden pm

EC pm

TAC pm

Landings of herring taken in fisheries using nets with mesh sizes smaller than 32 mm.

|

134.

Species: Herring(1)Clupea harengus Zone: By-catches in IV, VIId and in EC waters of IIa HER/2A47DX


Belgium pm

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

135.

Germany pm


France pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm

TAC pm

Landings of herring taken in fisheries using nets with mesh sizes smaller than 32 mm.

|

Species: Herring(1)Clupea harengus Zone: VIId; IVc i HER/4CXB7D

Belgium pm i

Denmark pm i Analytical TACArticle 3 of Regulation (EC) No847/96 does not apply.Article 4 of Regulation (EC) No847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Germany pm i

France pm i

The Netherlands pm i

United Kingdom pm i

136.

EC pm


TAC pm

Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.(2) Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a line running due south from Landguard Point (51°56' N, 1°19.1' E) to latitude 51°33' N and hence due west to a point on the coast of the United Kingdom.(3) Transfers of up to pm% of this quota may be affected to zone IVb. However, such transfers must be notified in advance to the Commission (HER/*04B.).

|

Species: HerringClupea harengus Zone: EC and international waters of Vb and VIb and VIaN i HER/5B6ANB.

Germany pm Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

137.

France pm


Ireland pm

The Netherlands pm

United Kingdom pm

EC pm

Faroe Islands pm i

138.

TAC 25


Reference is to the herring stock in ICES zone VIa, north of 56°00' N and in that part of VIa which is situated east of 07°00' W and north of 55°00' N, excluding the Clyde.(2) This quota may only be taken in ICES zone VIa north of 56°30' N.

|

139.

Species: HerringClupea harengus Zone: VIIbc; VIaS (1)HER/6AS7BC


Ireland 9 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

140.

The Netherlands


EC 10

TAC 10

Reference is to the herring stock in ICES zone VIa south of 56°00' N and west of 07°00' W.

|

Species: HerringClupea harengus Zone: VI Clyde (1)HER/06ACL.

United Kingdom Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

141.

EC


TAC

Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between the Mull of Kintyre and Corsewall Point.

142.

Species: HerringClupea harengus Zone: VIIa (1)HER/07A/MM


Ireland 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

143.

United Kingdom 3


EC 4

|

144.

TAC 4


Zone VIIa is reduced by the area added to the ICES zones VIIg, VIIh, VIIj and VIIk bounded: – to the north by latitude 52° 30'N – to the south by latitude 52° 00'N – to the west by the coast of Ireland – to the east by the coast of the United Kingdom.

|

Species: HerringClupea harengus Zone: VIIe and VIIfHER/7EF.

France Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

145.

United Kingdom


EC

|

146.

TAC


|

|

Species: HerringClupea harengus Zone: VIIg i, VIIh i, VIIj i and VIIk (1)HER/7G-K.

Germany Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

147.

France


Ireland 6

The Netherlands

United Kingdom

EC 7

|

148.

TAC 7


This zone is increased by the area bounded: – to the north by latitude 52° 30'N, – to the south by latitude 52° 00'N, – to the west by the coast of Ireland, – to the east by the coast of the United Kingdom.

Species: AnchovyEngraulis encrasicolus Zone: VIIIANE/08.

Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

149.

France


EC

|

150.

TAC


|

|

151.

Species: AnchovyEngraulis encrasicolus Zone: IX and X; EC waters of CECAF 34.1.1 ANE/9/


Spain 3 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

152.

Portugal 3


EC 6

|

153.

TAC 6


|

|

Species: CodGadus morhua Zone: Skagerrak (1)COD/03AN.

154.

Belgium pm


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

155.

Germany pm


The Netherlands pm

Sweden pm

EC pm

|

156.

TAC pm


Area as defined in Article 3(e) of this Regulation

Species: CodGadus morhua Zone: Kattegat (1)COD/03AS.

Denmark Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

157.

Germany


Sweden

EC

|

158.

TAC


Area as defined in Article 3(f) of this Regulation

|

159.

Species: CodGadus morhua Zone: IV; EC waters of IIa; that part of IIIa not covered by the Skagerrak and KattegatCOD/2A3AX


Belgium pm

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

160.

Germany pm


France pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm

Norway pm i

161.

TAC pm


May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC

162.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones specified

Norwegian waters of IV(COD/*04N-)

163.

EC pm


|

Species: CodGadus morhua Zone: Norwegian waters south of 62° NCOD/04-N.

Sweden pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

164.

EC pm


TAC Not relevant

|

165.

Species: CodGadus morhua Zone: VI; EC waters of Vb; EC and international waters of XII and XIV COD/


Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

166.

Germany


France

Ireland

United Kingdom

EC

|

167.

TAC


|

168.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones specified

VIa; EC waters of Vb(COD/*5BC6A)

169.

Belgium


Germany

France

Ireland

United Kingdom

EC

|

Species: CodGadus morhua Zone: VIIaCOD/07A.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

170.

France


Ireland

The Netherlands

United Kingdom

EC 1

|

171.

TAC 1


Species: CodGadus morhua Zone: VIIb-k, VIII, IX and X; EC waters of CECAF 34.1.1 COD/7X7A

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

172.

France 2


Ireland

The Netherlands

United Kingdom

EC 3

|

173.

TAC 3


|

Species: PorbeagleLamna nasus Zone: EC waters of I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII and XIVPOR/ALL-C.

174.

Denmark


France Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

175.

Germany


Ireland

Spain

United Kingdom

EC

TAC Not relevant

|

176.

Species: MegrimsLepidorhombus spp. Zone: EC waters of IIa and IVLEZ/2AC4-C


Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

177.

Denmark


Germany

France

The Netherlands

United Kingdom

EC

|

178.

TAC


Species: MegrimsLepidorhombus spp. Zone: VI; EC waters of Vb; international waters of XII and XIVLEZ/

Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

179.

France 1


Ireland

United Kingdom

EC 2

|

180.

TAC 2


|

|

Species: MegrimsLepidorhombus spp. Zone: VIILEZ/07.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

181.

Spain 4


France 5

Ireland 2

United Kingdom 2

EC 15

|

182.

TAC 15


|

|

Species: MegrimsLepidorhombus spp. Zone: VIIIa, VIIIb, VIIId and VIIIeLEZ/8ABDE.

Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

183.

France


EC 1

|

184.

TAC 1


|

185.

Species: MegrimsLepidorhombus spp. Zone: VIIIc, IX and X; EC waters of CECAF 31.1.1LEZ/8C


Spain 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

186.

France


Portugal

EC 1

|

187.

TAC 1


|

|

188.

Species: Dab and flounderLimanda limanda and Platichthys flesus Zone: EC waters of IIa and IV D/F/2AC4-C


Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

189.

Denmark 1


Germany 2

France

The Netherlands 9

Sweden

United Kingdom 1

EC 15

|

190.

TAC 15


|

191.

Species: AnglerfishLophiidae Zone: EC waters of IIa and IV ANF/2AC4-C


Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

192.

Denmark


Germany

France

The Netherlands

Sweden

United Kingdom 9

EC 11

|

193.

TAC 11


|

|

Species: AnglerfishLophiidae Zone: Norwegian waters of IV ANF/4AB-N.

Belgium pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

194.

Denmark pm


Germany pm

The Netherlands pm

United Kingdom pm

EC pm

|

195.

TAC Not relevant


|

196.

Species: AnglerfishLophiidae Zone: VI; EC waters of Vb; international waters of XII and XIVANF/


Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

197.

Germany


Spain

France 2

Ireland

The Netherlands

United Kingdom 1

EC 5

|

198.

TAC 5


Species: AnglerfishLophiidae Zone: VIIANF/07.

Belgium 2 i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

Germany i

Spain i

France 15 i

Ireland 1 i

The Netherlands i

United Kingdom 4 i

EC 25 i

|

TAC 25 i

Of which up to 5% may be fished in ICES zones VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).

|

Species: AnglerfishLophiidae Zone: VIIIa, VIIIb, VIIId and VIIIeANF/8ABDE.

Spain 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

199.

France 6


EC 7

|

200.

TAC 7


|

|

201.

Species: AnglerfishLophiidae Zone: VIIIc, IX and X; EC waters of CECAF 31.1.1 ANF/8C


Spain 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

202.

France


Portugal

EC 1

|

203.

TAC 1


|

|

204.

Species: HaddockMelanogrammus aeglefinus Zone: IIIa, EC waters of IIIb, IIIc and IIIdHAD/3A/BCD


Belgium pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Denmark pm i

Germany pm i

The Netherlands pm i

Sweden pm i

EC pm i

|

TAC pm i

In the event that a re-opening of the Norway pout fishery is decided, these quotas will be subject to review after deducting an appropriate amount for industrial by-catches.

Species: HaddockMelanogrammus aeglefinus Zone: IV; EC waters of IIaHAD/2AC4.

205.

Belgium pm


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

206.

Germany pm


France pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm i

|

207.

Norway pm


TAC pm

Excluding an estimate of pm tonnes of industrial by-catches.

208.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified

Norwegian waters of IV(HAD/*04N-)

209.

EC pm


Species: HaddockMelanogrammus aeglefinus Zone: Norwegian waters south of 62° NHAD/04-N.

Sweden pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

210.

EC pm


|

211.

TAC Not relevant


Species: HaddockMelanogrammus aeglefinus Zone: EC and international wates of ICES zones VIb, XII and XIVHAD/6B

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

212.

Germany


France

Ireland

United Kingdom 4

EC 5

|

213.

TAC 5


|

Species: HaddockMelanogrammus aeglefinus Zone: EC waters of Vb and VIa HAD/5BC6A.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

214.

Germany


France

Ireland

United Kingdom 3

EC 4

|

215.

TAC 4


Species: HaddockMelanogrammus aeglefinus Zone: VII, VIII, IX and X; EC waters of CECAF 34.1.1 HAD/7/

Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

216.

France 6


Ireland 2

United Kingdom

EC 9

TAC 9

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in zone:

VIIa(HAD/*07A)

217.

Belgium


France

Ireland

United Kingdom

EC 1

When reporting to the Commission the uptake of their quotas, Member States shall specify quantities taken in ICES zone VIIa. Landings of haddock caught in ICES zone VIIa shall be prohibited when the totality of such landings exceeds 1179 tonnes.

Species: WhitingMerlangius merlangus Zone: IIIaWHG/03A.

Denmark pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

The Netherlands pm i

Sweden pm i

EC pm i

|

218.

TAC pm


In the event that a re-opening of the Norway pout fishery is decided, these quotas will be subject to review after deducting an appropriate amount for industrial by-catches.

|

Species: WhitingMerlangius merlangus Zone: IV; EC waters of IIa WHG/2AC4.

219.

Belgium pm


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

220.

Germany pm


France pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm i

Norway pm i

221.

TAC pm


Excluding an estimate of pm tonnes of industrial by-catches.(2) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

222.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones specified:

Norwegian waters of IV(WHG/*04N-)

223.

EC pm


|

224.

Species: WhitingMerlangius merlangus Zone: VI; EC waters of Vb; international waters of XII and XIVWHG/


Germany Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

225.

France


Ireland

United Kingdom

EC

|

226.

TAC


Species: WhitingMerlangius merlangus Zone: VIIaWHG/07A.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

227.

France


Ireland

The Netherlands

United Kingdom

EC

|

228.

TAC


|

|

Species: WhitingMerlangius merlangus Zone: VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh and VIIkWHG/7X7A.

Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

229.

France 10


Ireland 4

The Netherlands

United Kingdom 1

EC 16

|

230.

TAC 16


|

|

Species: WhitingMerlangius merlangus Zone: VIIIWHG/08.

Spain 1 Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

231.

France 1


EC 3

|

232.

TAC 3


|

233.

Species: WhitingMerlangius merlangus Zone: IX and X; EC waters of CECAF 31.1.1WHG/9/


Portugal Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

234.

EC


|

235.

TAC


|

|

Species: Whiting and PollackMerlangius merlangus and Pollachius pollachius Zone: Norwegian waters south of 62° NW/P/04-N.

Sweden pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

236.

EC pm


TAC Not relevant

|

237.

Species: HakeMerluccius merluccius Zone: IIIa; EC waters of IIIb, IIIc and IIIdHKE/3A/BCD


Denmark 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

238.

Sweden


EC 1

|

TAC 1 i

Within an overall TAC of 54000 tonnes for the northern stock of hake.

239.

Species: HakeMerluccius merluccius Zone: EC waters of IIa and IV HKE/2AC4-C


Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

240.

Denmark 1


Germany

France

The Netherlands

United Kingdom

EC 1

|

TAC 1 i

Within an overall TAC of 54000 tonnes for the northern stock of hake.

|

241.

Species: HakeMerluccius merluccius Zone: VI and VII; EC waters of Vb; international waters of XII and XIVHKE/


Belgium i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

242.

Spain 8


France 13 i

243.

Ireland 1


The Netherlands i

United Kingdom 5 i

244.

EC 30


|

TAC 30 i

Transfers of this quota may be effected to EC waters of zones IIa and IV . However, such transfers must be notified in advance to the Commission.(2) Within an overall TAC of 54000 tonnes for the northern stock of hake.

245.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

VIIIa, VIIIb, VIIId and VIIIe(HKE/*8ABDE)

246.

Belgium


Spain 1

France 1

Ireland

The Netherlands

United Kingdom

EC

|

Species: HakeMerluccius merluccius Zone: VIIIa, VIIIb, VIIId and VIIIeHKE/8ABDE.

Belgium i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

247.

Spain 6


France 13

The Netherlands i

248.

EC 20


|

TAC 20 i

Transfers of this quota may be effected to Zones IV and EC waters of zone IIa. However, such transfers must be notified in advance to the Commission.(2) Within an overall TAC of 54000 tonnes for the northern stock of hake.

249.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

VI and VII; EC waters of Vb; international waters of XII and XIV(HKE/*57-14)

250.

Belgium


Spain 1

France 3

The Netherlands

EC

|

|

251.

Species: HakeMerluccius merluccius Zone: VIIIc, IX and X; EC waters of CECAF 34.1.1 HKE/8C


Spain 4 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

252.

France


Portugal 2

EC 7

|

253.

TAC 7


|

Species: Blue whitingMicromesistius poutassou Zone: Norwegian waters of IV WHB/4AB-N.

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

254.

United Kingdom pm


EC pm

|

TAC pm i

TAC agreed by the EC, Faroe Islands, Norway and Iceland.

|

255.

Species: Blue whiting Micromesistius poutassou Zone: EC and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIVWHB/1X


Denmark pm (5) i

Germany pm (5) i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

Spain pm (5) i

France pm (5) i

Ireland pm (5) i

The Netherlands pm (5) i

Portugal pm (5) i

Sweden pm (5) i

United Kingdom pm (5) i

EC pm (5) i

Norway pm (1) i

Faroe Islands pm (3) i

256.

TAC pm


May be fished in EC waters in zones II, IVa, VIa north of 56°30N, VIb and VII west of 12°W (WHB/*8CX34) No more than pmt may be fished in zone IVa.(2) Of which up to pm tonnes may consist of argentine (Argentina spp.).(3) Catches of blue whiting may include unavoidable catches of argentine (Argentina spp.) i May be fished in EC waters in zones II, IVa, V, VIa north of 56°30' N, VIb and VII west of 12° W. The catch in zone IVa shall be no more than pm tonnes. i Of which up topm1% may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).(6) Of which up to pm% may be fished in Faroese waters (WHB/*05B-F).

257.

Species: Blue whitingMicromesistius poutassou Zone: VIIIc, IX and X; EC waters of CECAF 34.1.1 WHB/8C


Spain pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

Portugal pm i

EC pm i

|

TAC pm i

Of which up topm% may be fished in Norwegian Exclusive Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM2).(2) TAC agreed by the EC, Faroe Islands, Norway and Iceland.

|

Species: Blue whitingMicromesistius poutassou Zone: EC waters of II, IVa, V, VI north of 56°30N and VII west of 12°WWHB/24A

Norway pm i (2) Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Faroe Islands pm (3) i

TAC pm i

To be counted against Norway's catch limits established under the Coastal States arrangement.(2) The catch in Zone IVa shall be no more than pm tonnes.(3) To be counted against the catch limits of the Faroe Islands established under the Coastal States arrangement.(4) May also be fished in zone VIb. The catch in zone IV shall be no more than pm tonnes.(5) TAC agreed by the EC, Faroe Islands, Norway and Iceland.

258.

Species: Lemon sole and witchMicrostomus kitt and Glyptocephalus cynoglossus Zone: EC waters of IIa and IVL/W/2AC4-C


Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

259.

Denmark


Germany

France

The Netherlands

Sweden

United Kingdom 3

EC 5

|

260.

TAC 5


|

|

261.

Species: Blue lingMolva dypterigia Zone: EC waters of IIa, IV, Vb, VI and VII BLI/2A47-C


EC Not relevant i Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

262.

Norway pm


TAC Not relevant

Specified in Regulation (EC) No 2015/

|

Species: Blue lingMolva dypterigia Zone: EC waters of VIa north of 56°30'N and VIbBLI/6AN6B.

Faroe Islands pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

263.

TAC Not relevant


To be fished by trawl: by-catches of roundnose grenadier and black scabbard fish to be counted against this quota.

|

Species: LingMolva molva Zone: EC and international waters of I and IILIN/1/2.

Denmark Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

264.

Germany


France

United Kingdom

Others i

265.

EC


Exclusively for by-catches. No directed fisheries are permitted under this quota

|

Species: LingMolva molva Zone: IIIa; EC waters of IIIb, IIIc and IIId LIN/03.

Belgium i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

266.

Denmark


Germany i

267.

Sweden


United Kingdom i

268.

EC


Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

|

Species: LingMolva molva Zone: EC waters of IVLIN/04.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

269.

Denmark


Germany

France

The Netherlands

Sweden

United Kingdom 2

EC 2

|

|

Species: LingMolva molva Zone: EC and international waters of V LIN/05.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

270.

Denmark


Germany

France

United Kingdom

EC

|

|

Species: LingMolva molva Zone: EC and international waters of VI, VII, VIII, IX, X, XII and XIVLIN/6X14.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

271.

Denmark


Germany

Spain 2

France 3

Ireland

Portugal

United Kingdom 3

EC 10

|

|

272.

Species: LingMolva molva Zone: EC waters of IIa, IV, Vb, VI and VII LIN/2A47-C


EC Not relevant Anlytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

273.

Norway pm (1)(é)


Faroe Islands pm (3) i

274.

TAC Not relevant


Of which an incidental catch of other species of pm% per ship, at any moment, is authorised in zones VI and VII. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in zones VI and VII shall not exceed pm tonnes.(2) Including tusk. The quotas for Norway are ling pm tonnes and tusk pm tonnes and are interchangeable of up to 2 000 tonnes and may only be fished with longlines in zones Vb, VI and VII.(3) Including blue ling and tusk. Only to be taken by long lines in zones VIb and VIa north of 56° 30' N.(4) Of which an incidental catch of other species of pm% per ship, at any moment, is authorised in ICES zone VIa and VIb. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in zone VI shall not exceed pm tonnes.

|

Species: LingMolva molva Zone: Norwegian waters of IVLIN/4AB-N.

Belgium pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

275.

Denmark pm


Germany pm

France pm

The Netherlands pm

United Kingdom pm

EC pm

|

276.

TAC Not relevant


|

|

277.

Species: Norway lobsterNephrops norvegicus Zone: IIIa ; EC waters of IIIb, IIIc and IIId NEP/3A/BCD


Denmark 3 Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Germany i

278.

Sweden 1


EC 5

|

279.

TAC 5


Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

|

280.

Species: Norway lobsterNephrops norvegicus Zone: EC waters of IIa and IV NEP/2AC4-C


Belgium 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

281.

Denmark 1


Germany

France

The Netherlands

United Kingdom 22

EC 26

|

282.

TAC 26


|

|

Species: Norway lobsterNephrops norvegicus Zone: Norwegian waters of IV NEP/4AB-N.

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

283.

Germany pm


UK pm

EC pm

|

284.

TAC Not relevant


|

|

Species: Norway lobsterNephrops norvegicus Zone: VI; EC waters of Vb NEP/5BC6.

Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

285.

France


Ireland

United Kingdom 19

EC 19

|

286.

TAC 19


|

Species: Norway lobsterNephrops norvegicus Zone: VIINEP/07.

Spain 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

287.

France 6


Ireland 9

United Kingdom 8

EC 25

|

288.

TAC 25


|

|

Species: Norway lobsterNephrops norvegicus Zone: VIIIa, VIIIb, VIIId and VIIIeNEP/8ABDE.

Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

289.

France 4


EC 4

|

290.

TAC 4


|

|

Species: Norway lobsterNephrops norvegicus Zone: VIIIcNEP/08C.

Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

291.

France


EC

|

292.

TAC


|

|

293.

Species: Norway lobsterNephrops norvegicus Zone: IX and X; EC waters of CECAF 34.1.1 NEP/9/


Spain Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

294.

Portugal


EC

|

295.

TAC


|

|

Species: Northern prawnPandalus borealis Zone: IIIaPRA/03A.

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

296.

Sweden pm


EC pm

|

297.

TAC pm


|

|

298.

Species: Northern prawnPandalus borealis Zone: EC waters of IIa and IV PRA/2AC4-C


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

299.

The Netherlands pm


Sweden pm

United Kingdom pm

EC pm

|

300.

TAC pm


|

Species: Northern prawnPandalus borealis Zone: Norwegian waters south of 62° NPRA/04-N.

Denmark pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Sweden pm i

301.

EC pm


|

302.

TAC Not relevant


By-catches of cod, haddock, pollack, whiting and saithe shall be counted against the quotas for these species.

|

Species: Penaeus shrimpsPenaeus spp.s Zone: French Guyana waters (2)PEN/FGU.

France i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

EC i

TAC i

Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 m deep.(2) Area as defined in Article 16 i of this Regulation

|

Species: PlaicePleuronectes platessa Zone: Skagerrak(1)PLE/03AN.

Belgium pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

303.

Denmark pm


Germany pm

The Netherlands pm

Sweden pm

EC pm

|

304.

TAC pm


Area as defined in Article 3(e) of this Regulation

|

Species: PlaicePleuronectes platessa Zone: Kattegat(1)PLE/03AS.

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

305.

Germany pm


Sweden pm

EC pm

|

306.

TAC pm


Area as defined in Article 3(f) of this Regulation

|

307.

Species: PlaicePleuronectes platessa Zone: IV; EC waters of IIa; that part of IIIa not covered by the Skagerrak and the Kattegat PLE/2A3AX


Belgium pm

Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

308.

Germany pm


France pm

The Netherlands pm

United Kingdom pm

EC pm

Norway pm

TAC pm

|

309.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified:

Norwegian waters of IV(PLE/*04N-)

310.

EC pm


|

311.

Species: PlaicePleuronectes platessa Zone: VI; EC waters of Vb ; international waters of XII and XIVPLE/


France Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

312.

Ireland


United Kingdom

EC

|

313.

TAC


|

Species: PlaicePleuronectes platessa Zone: VIIaPLE/07A.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

314.

France


Ireland

The Netherlands

United Kingdom

EC 1

|

315.

TAC 1


|

Species: PlaicePleuronectes platessa Zone: VIIb and VIIcPLE/7BC.

France Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

316.

Ireland


EC

|

317.

TAC


|

Species: PlaicePleuronectes platessa Zone: VIId and VIIePLE/7DE.

Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

318.

France 2


United Kingdom 1

EC 4

|

319.

TAC 4


|

Species: PlaicePleuronectes platessa Zone: VIIf and VIIgPLE/7FG.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

320.

France


Ireland

United Kingdom

EC

|

321.

TAC


|

Species: PlaicePleuronectes platessa Zone: VIIh, VIIj and VIIkPLE/7HJK.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

322.

France


Ireland

The Netherlands

United Kingdom

EC

|

323.

TAC


|

|

324.

Species: PlaicePleuronectes platessa Zone: VIII ,IX and X; EC waters of CECAF 34.1.1 PLE/8/


Spain Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

325.

France


Portugal

EC

|

326.

TAC


|

|

327.

Species: PollackPollachius pollachius Zone: VI; EC waters of Vb; international waters of XII and XIVPOL/


Spain Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

328.

France


Ireland

United Kingdom

EC

|

329.

TAC


|

|

Species: PollackPollachius pollachius Zone: VIIPOL/07.

Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

330.

Spain


France 10

Ireland 1

United Kingdom 2

EC 15

|

331.

TAC 15


|

|

Species: PollackPollachius pollachius Zone: VIIIa, VIIIb, VIIId andVIIIePOL/8ABDE.

Spain Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

332.

France 1


EC 1

|

333.

TAC 1


|

Species: PollackPollachius pollachius Zone: VIIIcPOL/08C.

Spain Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

334.

France


EC

|

335.

TAC


|

336.

Species: PollackPollachius pollachius Zone: IX and X; EC waters of CECAF 34.1.1 POL/9/


Spain Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

337.

Portugal


EC

|

338.

TAC


|

|

Species: SaithePollachius virens Zone: IIIa and IV; EC waters of IIa , IIIb, IIIc and IIId POK/2A34.

339.

Belgium pm


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

340.

Germany pm


France pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm

Norway pm i

341.

TAC pm


May only be taken in IV (EC waters) and IIIa. Catches taken within this quota are to be deducted from Norway's share of the TAC.

|

342.

Species: SaithePollachius virens Zone: VI; EC waters of Vb; EC and international waters of XII and XIVPOK/


Germany pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

343.

France pm


Ireland pm

United Kingdom pm

EC pm

TAC pm

|

|

Species: SaithePollachius virens Zone: Norwegian waters south of 62°NPOK/04-N.

Sweden pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

344.

EC pm


TAC Not relevant

|

|

345.

Species: SaithePollachius virens Zone: VII, VIII, IX and X; EC waters of CECAF 34.1.1 POK/7X


Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

346.

France


Ireland

United Kingdom

EC

|

347.

TAC


|

|

348.

Species: Turbot and brillPsetta maxima and Scopthalmus rhombus Zone: EC waters of IIa and IV T/B/2AC4-C


Belgium

Denmark Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

349.

Germany


France

The Netherlands 2

Sweden

United Kingdom

EC 3

|

350.

TAC 3


|

|

351.

Species: Skates and raysRajidae Zone: EC waters of IIa and IVSRX/2AC4-C


Belgium i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

Denmark i

Germany i

France i

The Netherlands i

United Kingdom 1 i

EC 1 i

|

352.

TAC


By-catch quota. These species shall not comprise more than 25% by live weight of the catch retained on board.

|

353.

Species: Greenland HalibutReinhardtius hippoglossoides Zone: EC waters of IIa and IV; EC and international waters of VI GHL/2A-C


Denmark pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

354.

Germany pm


Estonia pm

Spain pm

France pm

Ireland pm

Lithuania pm

Poland pm

United Kingdom pm

EC i

|

355.

TAC Not relevant


Of which pm tonnes are allocated to Norway and are to be taken in the EC waters of ICES zones IIa and VI. In ICES zone VI this quantity may only be fished with longlines.

|

Species: MackerelScomber scombrus Zone: IIIa and IV; EC waters of IIa , IIIb, IIIc and IIIdMAC/2A34.

Belgium pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

356.

Denmark pm


Germany pm

France pm

The Netherlands pm

Sweden pm (1) i

357.

United Kingdom pm


EC pm i

Norway pm i

TAC pm i

Including pm tonnes to be taken in Norwegian waters south of 62°N (MAC/*04-N).(2) When fishing in Norwegian waters, by-catches of cod, haddock, Pollack and whiting and saithe shall be counted against the quotas for these species.(3) To be deducted from Norway's share of the TAC (access quota). This quota may be fished in zone IVa only, except for pm tonnes that may be fished in zone IIIa.(4) TAC agreed by the EC, Norway and Faroe Islands for the northern area.

358.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones specified:

IIIaMAC/*03A IIIa and IVbcMAC/*3A4BC IVbMAC/*04B IVcMAC/*04C VI; international waters of IIa from 1 January to 31 March 2008MAC/*2A

359.

Denmark pm 4


France pm

The Netherlands pm

Sweden pm pm

United Kingdom pm

Norway pm

|

360.

Species: MackerelScomber scombrus Zone: VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EC waters of Vb; international waters of IIa, XII and XIVMAC/2CX14-


Germany pm Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

361.

Spain pm


Estonia pm

France pm

Ireland pm

Latvia pm

Lithuania pm

The Netherlands pm

Poland pm

United Kingdom pm

EC pm

Norway pm i

Faroe Islands pm i

TAC pm i

May be fished only in ICES zones IIa, VIa (north of 56°30'N), IVa, VIId, VIIe, VIIf and VIIh.(2) Of which pm tonnes may be fished in EC waters of ICES zones IVa north of 59°N from 1 January to 15 February and from 1 October to 31 December. A quantity of pm tonnes of the Faroe Islands'own quota may be fished in ICES zone VIa north of 56°30'N throughout the year and/or in ICES zones VIIe, VIIf, VIIh, and/or ICES zone IVa.(3) TAC agreed by the EC, Norway and Faroe Islands for the northern area.

362.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones specified and only during the periods 1 January to 15 February and 1 October to 31 December.

EC waters of IVa MAC/*04A-C

363.

Germany pm


France pm

Ireland pm

The Netherlands pm

United Kingdom pm

EC pm

|

|

|

|

364.

Species: MackerelScomber scombrus Zone: VIIIc, IX and X; EC waters of CECAF 34.1.1 MAC/8C


Spain pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

France pm i

Portugal pm i

365.

EC pm


TAC pm

The quantities subject to exchange with other Member States may be taken, up to a limit of pm% of the quota of the donor Member State, in ICES zones VIIIa, VIIIb and VIIId (MAC/*8ABD.).

366.

Special conditions


Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zone specified:

VIIIb(MAC/*08B.)

367.

Spain pm


France pm

Portugal pm

|

368.

Species: Common soleSolea solea Zone: IIIa, EC waters of IIIb, IIIc and IIId SOL/3A/BCD


Denmark Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

Germany i

The Netherlands i

369.

Sweden


EC

|

370.

TAC


Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

|

Species: Common soleSolea solea Zone: EC waters of II and IVSOL/24.

Belgium pm Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

371.

Denmark pm


Germany pm

France pm

The Netherlands pm

United Kingdom pm

EC pm

|

Norway pm i

372.

TAC


May be fished only in zone IV.

|

373.

Species: Common soleSolea solea Zone: VI; EC waters of Vb ; international waters of XII and XIVSOL/


Ireland Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

374.

United Kingdom


EC

|

375.

TAC


|

|

Species: Common soleSolea solea Zone: VIIaSOL/07A.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

376.

France


Ireland

The Netherlands

United Kingdom

EC

|

377.

TAC


|

|

Species: Common soleSolea solea Zone: VIIb and VIIcSOL/7BC.

France Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

378.

Ireland


EC

|

379.

TAC


|

|

Species: Common soleSolea solea Zone: VIIdSOL/07D.

Belgium 1 Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

380.

France 3


United Kingdom 1

EC 6

|

381.

TAC 6


|

|

Species: Common soleSolea solea Zone: VIIeSOL/07E.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

382.

France


United Kingdom

EC

|

383.

TAC


|

Species: Common soleSolea solea Zone: VIIf and VIIgSOL/7FG.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

384.

France


Ireland

United Kingdom

EC

|

385.

TAC


|

|

Species: Common soleSolea solea Zone: VIIh, VIIj, and VIIkSOL/7HJK.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

386.

France


Ireland

The Netherlands

United Kingdom

EC

|

387.

TAC


|

Species: Common soleSolea solea Zone: VIIIa and bSOL/8AB.

Belgium Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

388.

Spain


France 3

The Netherlands

EC 4

|

389.

TAC 4


|

|

390.

Species: SoleSolea spp. Zone: VIIIc, VIIId, VIIIe, IX, X; EC waters of CECAF 34.1.1 SOX/8CDE


Spain Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

391.

Portugal


EC 1

|

392.

TAC 1


|

|

Species: SpratSprattus sprattus Zone: IIIa SPR/03A.

Denmark pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

393.

Germany pm


Sweden pm

EC pm

TAC pm

|

|

394.

Species: SpratSprattus sprattus Zone: EC waters of IIa and IV SPR/2AC4-C


Belgium pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

395.

Denmark pm


Germany pm

France pm

The Netherlands pm

Sweden pm i

396.

United Kingdom pm


EC pm

Norway pm i

Faroe Islands pm i (4) i

TAC 195 i

Including sandeel.(2) May only be fished in EC waters of ICES zone IV.(3) This quantity may be fished in ICES zone IV and zone VIa North of 56°30'N. Any by-catch of blue whiting shall be counted against the blue whiting quota established for ICES zones VIa, VIb and VII. i pm tonnes can be caught as herring in fisheries using nets with mesh sizes less than 32mm. If the quota of pm tonnes of herring is exhausted then all fisheries using nets with mesh sizes less than 32mm is prohibited. i Catches taken in the monitoring fisheries, corresponding to pm% of the effort deployed by Member States and up to a maximum of pm tonnes can be caught as sandeel. i Preliminary TAC. The final TAC will be established in the light of new scientific advice during the first half of 2008.

|

Species: SpratSprattus sprattus Zone: VIId and VIIeSPR/7DE.

Belgium Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

397.

Denmark 1


Germany

France

The Netherlands

United Kingdom 2

EC 5

|

398.

TAC 5


|

399.

Species: Spurdog/dogfishSqualus acanthias Zone: EC waters of IIa and IV DGS/2AC4-C


Belgium pm i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

Denmark pm i

Germany pm i

France pm i

The Netherlands pm i

Sweden pm i

United Kingdom pm i

EC pm i

Norway pm i

400.

TAC


By-catch quota. These species shall not comprise more than pm% by live weight of the catch retained on board.(2) Including catches taken with long-lines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calceus), leafscale gulper shark (Centrophorus squamosus), greater lantern shark (Etmopterus princeps), smooth lantern shark (Etmopterus spinax) and Portuguese dogfish (Centroscymnus coelolepis). This quota may only be taken in zones IV, VI and VII.

401.

Species: Spurdog/dogfishSqualus acanthias Zone: EC and international waters of I, V, VI, VII, VIII, XII and XIV DGS/15X


EC i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

402.

TAC


By-catch quota. These species shall not comprise more than pm% by live weight of the catch retained on board.

403.

Species: Horse mackerelTrachurus spp. Zone: EC waters of IIa and IV JAX/2AC4-C


Belgium pm Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

404.

Denmark pm


Germany pm

France pm

Ireland pm

The Netherlands pm

Sweden pm

United Kingdom pm

EC pm

Norway pm i

Faroe Islands pm i

405.

TAC 42


May only be fished in EC waters of ICES zone IV.(2) Within a total quota of pm tonnes for ICES zones IV, VIa North of 56°30'N, VII e, VIIf and VIIh.

|

406.

Species: Horse mackerelTrachurus spp. Zone: VI, VII and VIIIa, VIIIb, VIIId and VIIIe; EC waters of Vb; international waters of XII and XIVJAX/578/


Denmark pm Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

407.

Germany pm


Spain pm

France pm

Ireland pm

The Netherlands pm

Portugal pm

United Kingdom pm

EC pm

Faroe Islands pm i

408.

TAC 136


Within a total quota of pm tonnes for ICES zone IV, VIa North of 56°30'N, VIIe, VIIf and VIIh.

Species: Horse mackerelTrachurus spp. Zone: VIIIc and IXJAX/8C9.

Spain 29 i Analytical TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 applies.Article 5 i of Regulation (EC) No 847/96 applies.

France i

Portugal 24 i

409.

EC 54


|

410.

TAC 54


Of which no more than 5% may consist of horse mackerel between 12 and 14 cm, notwithstanding Article 19 of Council Regulation (EC) No 850/98. For the purposes of the control of this quantity, the weight of the landings shall be affected by a coefficient of 1.

|

Species: Horse mackerelTrachurus spp. Zone: X; EC waters of CECAF i JAX/X34PRT

Portugal 2 i Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

411.

EC 2


|

412.

TAC 2


Waters adjacent to the Azores i Of which no more than 5% may consist of horse mackerel between 12 and 14 cm, notwithstanding Article 19 of Council Regulation (EC) No 850/98. For the purposes of the control of this quantity, the weight of the landings shall be affected by a coefficient of 1.

|

413.

Species: Horse mackerelTrachurus spp. Zone: EC waters of CECAF (1)JAX/341PRT


Portugal 1 i Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

414.

EC 1


|

415.

TAC 1


Waters adjacent to Madeira.(2) Of which no more than 5% may consist of horse mackerel between 12 and 14 cm, notwithstanding Article 19 of Council Regulation (EC) No 850/98. For the purposes of the control of this quantity, the weight of the landings shall be affected by a coefficient of 1.2.

|

416.

Species: Horse mackerelTrachurus spp. Zone: EC waters of CECAF(1)JAX/341SPN


Spain 1 Precautionary TACArticle 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

417.

EC 1


|

418.

TAC 1


Waters adjacent to the Canary Islands.

|

Species: Norway poutTrisopterus esmarki Zone: IIIa; EC waters of IIa and IV NOP/2A3A4.

Denmark 37 Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Germany i

The Netherlands i

419.

EC 37


Norway pm (2) i

420.

TAC Not relevant


Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.(2) This quota may be fished in ICES zoneVIa North of 56°30'N.(3) Only as by-catches.

Species: Norway poutTrisopterus esmarki Zone: Norwegian waters of IV NOP/4AB-N.

Denmark pm i (2) Analytical TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

United Kingdom pm i (2)

EC pm i (2)

|

421.

TAC Not relevant


Including inextricably mixed horse mackerel.(2) Only as by-catches.

Species: Industrial fish Zone: Norwegian waters of IV I/F/4AB-N.

Sweden pm (1) i Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

422.

EC pm


|

423.

TAC Not relevant


By-catches of cod, haddock, pollack and whiting and saithe to be counted against the quotas for these species.(2) Of which no more than pm tonnes of horse mackerel.

|

424.

Species: Combined quota Zone: EC waters of Vb, VI and VIIR/G/5B67-C


EC Not relevant Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Norway pm i

425.

TAC Not relevant


Taken with long lines only, including rat tails, Mora mora and greater fork beard.

Species: Other species Zone: Norwegian waters of IV OTH/4AB-N.

Belgium pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

426.

Denmark pm


Germany pm

France pm

The Netherlands pm

Sweden Not relevant i

427.

United Kingdom pm


EC pm i

|

428.

TAC Not relevant


Quota allocated by Norway to Sweden of 'other species' at a traditional level.(2) Including fisheries not specifically mentioned, exceptions may be introduced after consultations as appropriate.

Species: Other species Zone: EC waters of IIa, IV and VIa north of 56°30'NOTH/2A46AN

429.

EC Not relevant


Norway pm i (3)

Faroe Islands pm i

430.

TAC Not relevant


Limited to ICES zones IIa and IV. i Limited to by-catches of whitefish in ICES zones IV and VIa.(3) Including fisheries not specifically mentioned, exceptions may be introduced after consultations as appropriate.


431.

ANNEX IB


NORTH EAST ATLANTIC AND GREENLAND

ICES zones I, II, V, XII, XIV and Greenland waters of NAFO 0 and1

Species: Snow crabChionoecetes spp. Zone: Greenland waters of NAFO 0 and 1 PCR/N01GRN

Ireland pm Precautionary TACArticle 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

432.

Spain pm


EC pm

TAC Not relevant

Species: HerringClupea harengus Zone: EC and international waters of I and IIHER/1/2.

Belgium pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

433.

Denmark pm


Germany pm

Spain pm

France pm

Ireland pm

The Netherlands pm

Poland pm

Portugal pm

Finland pm

Sweden pm

United Kingdom pm

EC pm

|

434.

TAC pm


|

Species: CodGadus morhua Zone: Norwegian waters of I and IICOD/1N2AB.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

435.

Greece pm


Spain pm

Ireland pm

France pm

Portugal pm

United Kingdom pm

EC pm

TAC pm

|

|

436.

Species: CodGadus morhua Zone: Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV COD/N


Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

437.

United Kingdom pm


EC pm

TAC Not relevant

|

Species: CodGadus morhua Zone: I and IIbCOD/1/2B.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

438.

Spain pm


France pm

Poland pm

Portugal pm

United Kingdom pm

All Member States pm i

EC pm i

439.

TAC pm


Except Germany, Spain, France, Poland, Portugal and the United Kingdom i The allocation of the share of the cod stock available to the Community in the zone Spitzbergen and Bear Island is entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.

Species: Cod and haddockGadus morhua and Melanogrammus aeglefinus Zone: Faroese waters of Vb C/H/05B-F.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

440.

France pm


United Kingdom pm

EC pm

TAC Not relevant

|

441.

Species: Atlantic halibutHippoglossus hippoglossus Zone: Greenland waters of V and XIV HAL/514GRN


Portugal pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

442.

EC pm


TAC Not relevant

|

|

443.

Species: Atlantic halibutHippoglossus hippoglossus Zone: Greenland waters of NAFO 0 and 1 HAL/N01GRN


EC pm

TAC Not relevant

Allocated to Norway, to be fished only with long lines.

|

Species: CapelinMallotus villosus Zone: IIbCAP/02B.

444.

EC


TAC

|

|

445.

Species: CapelinMallotus villosus Zone: Greenland waters of V and XIV CAP/514GRN


All Member States pm

EC pm

TAC Not relevant

|

|

Species: HaddockMelanogrammus aeglefinus Zone: Norwegian waters of I and II HAD/1N2AB.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

446.

France pm


United Kingdom pm

EC pm

TAC Not relevant

|

|

Species: Blue whitingMicromesistius poutassou Zone: Norwegian waters of II WHB/1N2AB.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

447.

France pm


EC pm

TAC pm i

TAC agreed by the EC, Faroe Islands, Norway and Iceland.

|

448.

Species: Blue whitingMicromesistius poutassou Zone: Faroese waters WHB/2X12-F


Denmark pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

449.

Germany pm


France pm

The Netherlands pm

United Kingdom pm

EC pm i

450.

TAC Not relevant


TAC agreed by the EC, Faroe Islands, Norway and Iceland.

|

Species: Ling and Blue lingMolva molva and Molva dypterigia Zone: Faroese waters of Vb B/L/05B-F.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

451.

France pm


United Kingdom pm

EC pm

TAC pm

|

|

452.

Species: Northern prawnPandalus borealis Zone: Greenland waters of V and XIV PRA/514GRN


Denmark pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

453.

France pm


EC pm

TAC Not relevant

|

|

454.

Species: Northern prawnPandalus borealis Zone: Greenland waters of NAFO 0 and 1 PRA/N01GRN


Denmark pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

455.

France pm


EC pm

TAC Not relevant

|

|

Species: SaithePollachius virens Zone: Norwegian waters of I and II POK/1N2AB.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

456.

France pm


United Kingdom pm

EC pm

TAC Not relevant

|

|

Species: SaithePollachius virens Zone: International waters of I and II POK/1/2INT.

457.

EC


TAC Not relevant

|

|

Species: SaithePollachius virens Zone: Faroese waters of Vb POK/05B-F.

Belgium pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

458.

Germany pm


France pm

The Netherlands pm

United Kingdom pm

EC pm

TAC Not relevant

|

|

Species: Greenland halibutReinhardtius hippoglossoides Zone: Norwegian waters of I and II GHL/1N2AB.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

459.

United Kingdom pm


EC pm

TAC Not relevant

|

|

Species: Greenland halibutReinhardtius hippoglossoides Zone: International waters of I and II GHL/1/2INT.

460.

EC


TAC Not relevant

|

|

461.

Species: Greenland halibutReinhardtius hippoglossoides Zone: Greenland waters of V and XIV GHL/514GRN


Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

462.

United Kingdom pm


EC pm i

463.

TAC Not relevant


|

|

464.

Species: Greenland halibutReinhardtius hippoglossoides Zone: Greenland waters of NAFO 0 and 1 GHL/N01GRN


Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

EC pm i

465.

TAC Not relevant


|

|

Species: MackerelScomber scombrus Zone: Norwegian waters of IIa MAC/02A-N.

Denmark pm i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

EC pm i

TAC pm i

May also be fished in Norwegian waters of IV and in international waters of IIa (MAC/*4N-2A).(2) TAC agreed by the EC, Norway and the Faroe Islands for the northern area.

|

Species: MackerelScomber scombrus Zone: Faroese waters of Vb MAC/05B-F.

Denmark pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

466.

EC pm


TAC pm i

TAC agreed by the EC, Norway and the Faroe Islands for the northern area.

|

Species: RedfishSebastes spp. Zone: EC and international waters of V; international waters of XII and XIV (2)RED/51214.

Estonia pm i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Germany pm i

467.

Spain pm (1))


France pm (1))

Ireland pm i

Latvia pm i

The Netherlands pm i

Poland pm i

Portugal pm i

United Kingdom pm i

EC pm i

468.

TAC pm


May be taken in the NAFO Regulatory Area Subarea 2, Divisions IF and 3K but shall be counted against the quota for ICES zones V, XII and XIV within a total quota of pm tonnes (RED/*N1F3K)

|

Species: RedfishSebastes spp. Zone: Norwegian waters of I and II RED/1N2AB.

Germany pm i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Spain pm i

France pm i

Portugal pm i

United Kingdom pm i

EC pm i

469.

TAC pm


Only as by-catch.

Species: RedfishSebastes spp. Zone: International waters of I and IIRED/1/2INT.

EC pm i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

470.

TAC pm


The fishery will be closed when the TAC is fully utilised by NEAFC Contracting Parties.

471.

Species: RedfishSebastes spp. Zone: Greenland waters of V and XIV RED/514GRN


Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

472.

France pm


United Kingdom pm

EC pm (1) i

473.

TAC Not relevant


|

|

474.

Species: RedfishSebastes spp. Zone: Icelandic waters of Va RED/05A-IS


Belgium pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

475.

Germany pm


France pm

United Kingdom pm

EC pm

TAC Not relevant

|

|

Species: RedfishSebastes spp. Zone: Faroese waters Vb RED/05B-F.

Belgium pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

476.

Germany pm


France pm

United Kingdom pm

EC pm

TAC Not relevant

|

|

477.

Species: By-catches Zone: Greenland waters of NAFO 0 and 1 XBC/N01GRN


EC pm i

478.

TAC Not relevant


By-catches are defined as any catches of species not covered by the vessel's target species indicated on the license. May be fished East or West.

Species: Other species i Zone: Norwegian waters of I and II OTH/1N2AB.

Germany pm i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

France pm i

United Kingdom pm i

EC pm i

479.

TAC pm


Only as by-catch.

|

Species: Other species i Zone: Faroese waters of Vb OTH/05B-F.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

480.

France pm


United Kingdom pm

EC pm

TAC Not relevant

|

|

Species: Flatfish Zone: Faroese waters of Vb FLX/05B-F.

Germany pm Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

481.

France pm


United Kingdom pm

EC pm

TAC Not relevant

|

482.

ANNEX IC


NORTH WEST ATLANTIC

Area of NAFO

All TACs and associate conditions are adopted in the framework of NAFO.

483.

Species: CodGadus morhua Zone: NAFO 2J3KLCOD/N2J3KL


EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007 of xx October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation.

|

Species: CodGadus morhua Zone: NAFO 3NOCOD/N3NO.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: CodGadus morhua Zone: NAFO 3MCOD/N3M.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

484.

Species: Witch flounderGlyptocephalus cynoglossus Zone: NAFO 2J3KLWIT/N2J3KL


EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: Witch flounderGlyptocephalus cynoglossus Zone: NAFO 3NOWIT/N3NO.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: American plaiceHippoglossoides platessoides Zone: NAFO 3MPLA/N3M.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: American plaiceHippoglossoides platessoides Zone: NAFO 3LNOPLA/3LNO.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: Short fin squidIllex illecebrosus Zone: NAFO sub-zones 3 and 4SQI/N34.

Estonia i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Latvia i

Lithuania i

Poland i

EC i (2)

485.

TAC


No specified Community share, an amount of 29 467 tonnes is available to Canada and the EC Member States except Estonia, Latvia, Lithuania and Poland.(2) To be fished between 1 July and 31 December.

|

Species: Yellowtail flounderLimanda ferruginea Zone: NAFO 3LNOYEL/N3LNO.

EC i (2)

486.

TAC


Despite having access to a shared quota of 79 tonnes for the Community, it is decided to set this amount to 0. There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.(2) Catches taken by vessels under this quota shall be reported to the Flag Member State and forwarded to the Executive Secretary of NAFO via the Commission at 48 hour intervals.

|

Species: CapelinMallotus villosus Zone: NAFO 3NOCAP/N3NO.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: Northern prawnPandalus borealis Zone: NAFO 3L (1)PRA/N3L.

Estonia i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Latvia i

Lithuania i

Poland i

EC i (3)

487.

TAC 25


Not including the box bounded by the following coordinates :

488.

Point No Latitude N Longitude W


47°20' 46°40'

47°20' 46°30'

46°00' 46°30'

46°00' 46°40'

|

|

|

|

To be fished from 1 January to 31 March, 1 July to 31 December i All Member States except Estonia, Latvia, Lithuania and Poland.

|

Species: Northern prawnPandalus borealis Zone: NAFO 3M (1)PRA/N3M.

TAC not relevant i

Vessels may also fish this stock in Division 3L in the box bounded by the following coordinates :

489.

Point No Latitude N Longitude W


47°20' 46°40'

47°20' 46°30'

46°00' 46°30'

46°00' 46°40'

|

When conducting a fishery for shrimp in this box, vessels shall, whether or not crossing the line separating NAFO Divisions 3L and 3M, report in accordance with point 1.3 of the Annex to Council Regulation (EEC) No 189/92 of 27 January 1992 adopting provisions for the application of control measures adopted by the Northwest Atlantic Fisheries Organization (OJ L 21, 30.1.1992, p. 4. Regulation as last amended by Regulation (EC) No 1048/97 (OJ L 154, 12.6.1997, p.

1)). Moreover, fishing for shrimp shall be prohibited from 1 June to 31 December 2008 in the area bounded by the following coordinates:

490.

Point No Latitude N Longitude W


47°55' 45°00'

47°30' 44°15'

46°55' 44°15'

46°35' 44°30'

46°35' 45°40'

47°30' 45°40'

47°55' 45°00'

Not relevant. Fishery managed by limitations in fishing effort. The Member States concerned shall issue special fishing permits for their fishing vessels engaging in this fishery, and shall notify those permits to the Commission prior to the commencement of the vessel's activity, in accordance with Regulation (EC) No 1627/94. By way of derogation from Article 8 of that Regulation, permits will only become valid if the Commission has not objected within five working days following the notification.

|

491.

Member State Maximum number of vessels Maximum number of fishing days


Denmark

Estonia

Spain

Latvia

Lithuania

Poland

Portugal

|

Each Member State shall, within 25 days following the calendar month in which the catches are made, report monthly to the Commission the number of fishing days and the catches made in Division 3M and in the area defined in footnote i.

492.

Species: Greenland halibutReinhardtius hippoglossoides Zone: NAFO 3LMNOGHL/N3LMNO


Estonia 321, Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

493.

Germany


Latvia 45,

Lithuania 22,

Spain 4396,

Portugal 1837,

494.

EC


TAC

|

|

Species: SkateRajidae Zone: NAFO 3LNOSRX/N3LNO.

Spain Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

495.

Portugal


Estonia

Lithuania

EC

TAC

|

|

Species: RedfishSebastes spp. Zone: NAFO 3LNRED/N3LN.

EC i

TAC i

There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4 i of Council Regulation xxxx/2007.

|

Species: RedfishSebastes spp. Zone: NAFO 3MRED/N3M.

Estonia i Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

Germany i

Spain i

Latvia i

Lithuania i

Portugal i

EC i

TAC 8 i

This quota is subject to compliance with the TAC of 8 500 tonnes established for this stock for all NAFO Contracting Parties. Upon exhaustion of the TAC, the directed fishery for this stock shall be stopped irrespective of the level of catches.

|

Species: RedfishSebastes spp. Zone: NAFO 3ORED/N3O.

Spain Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

496.

Portugal


EC

TAC

|

|

Species: RedfishSebastes spp. Zone: NAFO Subarea 2, Divisions IF and 3KRED/N1F3K.

497.

Latvia [


Lithuania

TAC 3383]

|

|

Species: White hakeUrophycis tenuis Zone: NAFO 3NOHKW/N3NO.

Spain Article 3 of Regulation (EC) No 847/96 does not apply.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

498.

Portugal


EC

TAC

|


499.

ANNEX ID


HIGHLY MIGRATORY FISH – All areas

TACs in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.

Species: Bluefin tunaThunnus thynnus Zone: Atlantic Ocean, east of longitude 45° W, and MediterraneanBFT/AE045W

500.

Cyprus pm


Greece pm

Spain pm

France pm

Italy pm

Malta pm

Portugal pm

All Member States pm i

501.

EC pm


TAC pm

Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.

|

Species: SwordfishXiphias gladius Zone: Atlantic Ocean, north of latitude 5° NSWO/AN05N

502.

Spain pm


Portugal pm

All Member States pm i

503.

EC pm


TAC pm

Except Spain and Portugal, and only as by-catch.

Species: SwordfishXiphias gladius Zone: Atlantic Ocean, south of latitude 5° NSWO/AS05N

Spain pm Article 3 of Regulation (EC) No 847/96 applies.Article 4 of Regulation (EC) No 847/96 does not apply.Article 5 i of Regulation (EC) No 847/96 applies.

504.

Portugal pm


EC pm

TAC pm

|

|

Species: Northern albacoreGermo alalunga Zone: Atlantic Ocean, north of latitude 5° NALB/AN05N

Ireland pm i

Spain pm i

France pm i

United Kingdom pm i

Portugal pm i

EC pm i

505.

TAC pm


The number of Community vessels fishing for Northern Albacore as a target species is fixed to 1 253 vessels in accordance with Article 10 i of Regulation (EC) No 973/2001.(2) The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for Northern Albacore as a target species in accordance with Article 10 i of Regulation (EC) No 973/2001:

506.

Member State Maximum number of vessels


Ireland

Spain

France

United Kingdom

Portugal

EC

Species: Southern albacoreGermo alalunga Zone: Atlantic Ocean, south of latitude 5° NALB/AS05N

507.

Spain pm


France pm

Portugal pm

EC pm

TAC pm

|

|

508.

Species: Bigeye TunaThunnus obesus Zone: Atlantic OceanBET/ATLANT


Spain pm

France pm

Portugal pm

EC pm

TAC pm

|

|

509.

Species: Blue marlinMakaira nigricans Zone: Atlantic OceanBUM/ATLANT


EC pm

TAC Not relevant

|

|

510.

Species: White marlinTetrapturus alba Zone: Atlantic OceanWHM/ATLANT


EC pm

TAC Not relevant

|


511.

ANNEX IE


ANTARCTIC

Area of CCAMLR

These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.

|

Species: Unicorn icefishChannichthys rhinoceratus Zone: FAO 58.5.2 AntarcticLIC/F5852.

512.

TAC


|

|

Species: Antarctic icefishChampsocephalus gunnari Zone: FAO 48.3 AntarcticANI/F483.

TAC 4 i

This TAC is applicable for the period 15 November 2007 to 14 November 2008. Fishing for this stock during the period 1 March to 31 May 2008 shall be limited to 1 084 tonnes.

|

Species: Antarctic icefishChampsocephalus gunnari Zone: FAO 58.5.2 Antarctic (1)ANI/F5852.

TAC i

For the purpose of this TAC, the area open to the fishery is defined as that portion of FAO statistical division 58.5.2 that lies within the area enclosed by a line:(a) starting at the point where the meridian of longitude 72°15'E intersects the Australia–France Maritime Delimitation Agreement Boundary then south along the meridian to its intersection with the parallel of latitude 53°25'S;(b) then east along that parallel to its intersection with the meridian of longitude 74°E;(c) then northeasterly along the geodesic to the intersection of the parallel of latitude 52°40'S and the meridian of longitude 76°E;(d) then north along the meridian to its intersection with the parallel of latitude 52°S;(e) then northwesterly along the geodesic to the intersection of the parallel of latitude 51°S with the meridian of longitude 74°30'E; and(f) then southwesterly along the geodesic to the point of commencement.(2) This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

Species: Antarctic toothfishDissostichus eleginoides Zone: FAO 48.3 AntarcticTOP/F483.

TAC 3 i

Special conditions:

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:

Management Area A: 48 W to 43 30 W – 52 30 S to 56 S (TOP/*F483A)

Management Area B: 43 30 W to 40 W – 52 30 S to 56 S (TOP/*F483B) 1

Management Area C: 40 W to 33 30 W – 52 30 S to 56 S (TOP/*F483C) 2

This TAC shall be applicable for long-line fishery in the period 1 May to 31 August 2008 and for pot fishery 1 December 2007 to 30 November 2008.

|

Species: Antarctic toothfishDissostichus eleginoides Zone: FAO 48.4 AntarcticTOP/F484.

513.

TAC


|

|

Species: Antarctic toothfishDissostichus eleginoides Zone: FAO 58.5.2 AntarcticTOP/F5852.

TAC 2 i

This TAC is applicable for West of 79°20'E only. Fishing east of this meridian within this zone is prohibited (see Annex VIII).

|

Species: KrillEuphausia superba Zone: FAO 48KRI/F48.

TAC 4 000 i

Special conditions:

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:

Subarea 48.1 (KRI/*F481.) 1 008

Subarea 48.2 (KRI/*F482.) 1 104

Subarea 48.3 (KRI/*F483.) 1 056

Subarea 48.4 (KRI/*F484.) 832

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

|

Species: KrillEuphausia superba Zone: FAO 58.4.1 AntarcticKRI/F5841.

TAC 440 i

Special conditions:

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas specified:

Division 58.4.1 West of 115° E (KRI/*F-41W) 277

Division 58.4.1 East of 115° E (KRI/*F-41E) 163

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

|

Species: KrillEuphausia superba Zone: FAO 58.4.2 AntarcticKRI/F5842.

TAC 450 i

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

|

Species: Grey rockcodLepidonotothen squamifrons Zone: FAO 58.5.2 AntarcticNOS/F5852.

514.

TAC


|

Species: CrabParalomis spp. Zone: FAO 48.3 AntarcticPAI/F483.

TAC 1 i

This TAC shall be applicable for the period 1 December 2007 to 30 November 2008.

|

Species: GrenadierMacrourus spp. Zone: FAO 58.5.2 AntarcticGRV/F5852.

515.

TAC


|

|

Species: Other species Zone: FAO 58.5.2 AntarcticOTH/F5852.

516.

TAC


|

|

Species: Skates and raysRajidae Zone: FAO 58.5.2 AntarcticSRX/F5852.

517.

TAC


|

Species: SquidMartialia hyadesi Zone: FAO 48.3 AntarcticSQS/F483.

TAC 2 i

This TAC is applicable for the period 1 December 2007 to 30 November 2008.

518.

ANNEX IF


SOUTH-EAST ATLANTIC OCEAN

Area of SEAFO

These TACs, are not allocated to the members of SEAFO and hence the Community share is undetermined. Catches are monitored by the Secretariat of SEAFO, who will communicate when fishing must cease due to TAC exhaustion.

|

|

519.

Species: Patagonian Toothfish (Dissostichus eleginoides) Zone: SEAFO


TAC

|

|

Species: Deep-sea Red Crab (Chaceon spp) Zone: SEAFO Sub Division B1 i

520.

TAC


For the purpose of this TAC, the area open to the fishery is defined as having:- its western boundary on the 0° E longitude, - its northern boundary on the latitude 20°S,- its southern boundary on the latitude 28° S, and- the eastern boundary outer limits of the Namibian EEZ.

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521.

Species: Deep-sea Red Crab (Chaceon spp) Zone: SEAFO, excluding Sub Division B


TAC

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522.

ANNEX II


ANNEX IIA

FISHING 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

GENERAL PROVISIONS

523.

1. Scope


The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board any of the gears defined in point 4 and present in ICES zones IIIa, IV, VIa, VIIa, VIId and EC waters of ICES zone IIa. For the purposes of this Annex, a reference to the 2008 management period means the period from 1 February 2008 to 31 January 2009.

524.

2. Definitions of geographical areas


2.1. For the purposes of this Annex, the following geographical areas, shall apply:

(a) Kattegat;

(b) (i) Skagerrak;

(ii) that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICESzone IV and EC waters of ICES zone IIa;

(iii) ICES zone VIId;

(c) ICES zone VIIa;

(d) ICES zone VIa.

2.2. For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition of ICES zone VIa shall apply:

ICES zone VIa excluding that part of ICES zone VIa that lies to west of a line drawn by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

60°00’N, 04°00’W

59°45’N, 05°00’W

59°30’N, 06°00’W

59°00’N, 07°00’W

58°30’N, 08°00’W

58°00’N, 08°00’W

58°00’N, 08°30’W

56°00’N, 08°30’W

56°00’N, 09°00’W

55°00’N, 09°00’W

55°00’N, 10°00’W

54°30’N, 10°00’W

525.

3. Definition of day present within an area


For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical areas defined in point 2.1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

526.

4. Fishing gears


4.1. For the purpose of this Annex, the following groupings of fishing gears shall apply:

(a) Trawls, Danish seines and similar gears, except beam trawls, of mesh size:

(i) equal to or larger than16 mm and less than 32 mm;

(ii) equal to or larger than 70 mm and less than 90 mm;

(iii) equal to or larger than 90 mm and less than 100 mm;

(iv) equal to or larger than 100 mm and less than 120 mm;

(v) equal to or larger than 120 mm;

(b) Beam trawls of mesh size:

(i) equal to or larger than 80 mm and less than 90 mm;

(ii) equal to or larger than 90 mm and less than 100 mm;

(iii) equal to or larger than 100 mm and less than 120 mm;

(iv) equal to or larger than 120 mm;

(c) Gillnets, entangling nets with mesh size, except trammel nets:

(i) less than 110 mm;

(ii) equal to or larger than 110 mm and less than 150 mm;

(iii) equal to or larger than 150 and less than 220 mm;

(iv) equal to or larger than 220 mm.

(d) Trammel nets.

(e) Longlines.

4.2. For the purposes of this Annex and referring to the geographical areas defined in point 2.1 and the groupings of fishing gears defined in point 4.1, the following transfer groups are defined:

(a) grouping of fishing gears 4.1.a.i within any area;

(b) groupings of fishing gears 4.1.a.ii within any area and 4.1.a.iii in part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa;

(c) groupings of fishing gears 4.1.a.iii in Skagerrak and Kattegat, 4.1.a.iv and 4.1.a.v within any area;

(d) groupings of fishing gears 4.1.b.i, 4.1.b.ii, 4.1.b.iii, and 4.1.b.iv within any area;

(e) groupings of fishing gears 4.1.c.i, 4.1.c.ii, 4.1.c.iii, 4.1.c.iv and 4.1.d within any area;

(f) grouping of fishing gears 4.1.e within any area.

527.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS


528.

5. Vessels concerned by fishing effort limitations


5.1. Vessels using gear types identified in point 4.1 and fishing in areas defined in point 2 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

5.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears defined in point 4.1 in any geographical area defined in point 2.1 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004, 2005, 2006 or 2007 in that area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the geographical area in question.

5.3. However, a vessel with a track record of using a gear belonging to a grouping of fishing gears defined in point 4.1 may be authorized to use a fishing gear, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

5.4. A vessel flying the flag of a Member State having no quotas in a geographical area defined in point 2.1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gears defined in point 4.1, unless the vessel is allocated a quota after a transfer in accordance with Article 20 i of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 15 of this Annex.

529.

6. Limitations in activity


Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in point 4.1, fishing vessels flying its flag and registered in the Community shall be present within a geographical area defined in point 2.1 for no more than the number of days set out in point 8.

530.

7. Exceptions


A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex either any days when the vessel was present within an area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within an area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from competent authorities.

531.

NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS


532.

8. maximum number of days


8.1. During the 2008 management period, the maximum number of days at sea for which a Member State may authorize a vessel flying its flag to be present within any one of the geographical areas defined as in point 2.1 having carried on board any one of the fishing gears referred to in point 4.1 is shown in Table I.

8.2. For the purpose of fixing the maximum number of days at sea a fishing vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 of this Annex, the following special conditions shall apply during the 2008 management period in accordance with Table I.

(a) The vessel must comply with the conditions laid down in Appendix 1.

(b) The vessel must comply with the conditions laid down in Appendix 2 to Annex III and catches retained on board evaluated in live weight and consigned in the Community logbook shall consist of less than 5% of cod and of more than 70% of Norway lobster.

(c) Catches retained on board shall consist of less than 5 % of cod.

(d) Catches retained on board shall consist of less than 5 % of cod, sole and plaice.

(e) Catches retained on board shall consist of less than 5 % of cod and more than 60 % of plaice.

(f) Catches retained on board shall consist of less than 5 % of cod and more than 5 % of turbot and lumpsucker.

(g) The vessel must be equipped with a trammel net of mesh size ≤ 110 mm and must be absent from port for no more than 24 hours at a time.

(h) The vessel must fly the flag and be registered in a Member State having developed a system, approved by the Commission, of automatic suspension of fishing licences in respect of infringements by vessels qualifying for this special condition. If a system of automatic suspension that has been approved by the Commission in the past continues to apply without changes, the Member State has only to notify the Commission on the continuation of the approved system of automatic suspension of fishing licences.

(i) The vessel must have been present in the area in the year 2003, 2004, 2005, 2006 or 2007 and equipped with fishing gear belonging to groupings referred to in point 4.1(b) In 2008 catches retained on board during each trip, evaluated in live weight and consigned in the Community logbook shall consist of less than 5 % of cod. During a management period when a vessel is making use of this provision the vessel may not at any time carry on board fishing gear other than that specified in points 4.1(b)(iii) or 4.1(b)(iv).

(j) The vessel must comply with conditions laid down in Appendix 2.

(k) Catches retained on board shall consist of less than 5 % of cod and more than 60 % of plaice during the May - October period. At least 55% of the maximum number of days available under this special condition shall apply in the area east of 4°30'W in the months of May to October inclusive.

(l) The vessel must comply with conditions laid down in Appendix 3.

8.3. To be qualified to fish in any of the geographical areas defined in point 2.1 according to special conditions 8.2(c), (d), (e), (f) or (k), the vessel, or the vessel or vessels using similar gears and qualifying for any of such special conditions that it has replaced in accordance with community law, shall have track records indicating that catches retained on board evaluated in live weight and consigned in the Community logbook, complied during 2002 with conditions on catch compositions as laid down in such special conditions and for such specific geographical area.

Alternatively, the vessel shall comply during each trip of the 2008 management period with the catch composition as laid down in the relevant special condition and shall be involved in an observers plan submitted by its flag Member State to the Commission for approval in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002 i.

Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

8.4. During the 2008 management period a Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any one of the combination of groupings of fishing gears and special conditions laid down in Table 1 to be present within any one of the geographical areas defined in point 2.1 of this Annex for a maximum number of days which is different from that set out in that Tableprovided that the overall amounts of kilowatt days corresponding to such a combination is respected.

For a specific combination of geographical areas, groupings of fishing gears and special condition, the overall amounts of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific combination. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point were not applied.

8.5. A Member State wishing to benefit from the provisions laid down in point 8.4 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on

(a) list of vessels authorized to fish by indicating their Community Fleet Register number (CFR) and their engine power;

(b) track records of 2002 for such vessels reflecting the catch composition defined in special condition 8.2(c), (d), (e), (f) or (k), if these vessels are qualified for such special conditions and if they are not involved in observers plans as foreseen in point 8.3;

(c) the number of days at sea for which each vessel would had initially been authorized to fish according to table I and the number of days at sea which each vessel would benefit from in application of point 8.4.

On the basis of that description, the Commission may authorize that Member State to benefit from the provisions defined in point 8.4 in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

8.6. During the 2008 management period, the maximum number of days at sea for which a vessel may be authorized by its flag Member State to be present within any combination of geographical areas defined in point 2.1 may not be higher than the highest number of days allocated for one of the areas composing it.

8.7. A day present within a geographical area defined in point 2.1 of this Annex shall also count against the total number of days present within the area defined in point 1 of Annex IIC for a vessel operating with the same gear as defined in point 4.1 of Annex IIA and point 3 of Annex IIC.

8.8. Where a vessel crosses between two or more geographical areas defined in point 2 of this Annex on a fishing trip, the day shall be counted against the area in which the largest proportion of time was spent during that day.

533.

9. Management periods


9.1. A Member State may divide the days within an area given in Table I into management periods of durations of one or more calendar months.

9.2. The number of days for which a vessel may be present within any of the geographical areas defined in point 2.1 during a management period shall be fixed at the discretion of the Member State concerned.

9.3. In any given management period a vessel that has used the number of days present within the area for which it is eligible shall remain in port or out of any geographical area referred to in point 2.1 for the remainder of the management period unless using only unregulated gear as described in point 18.

534.

10. Allocation of additional days for permanent cessation of fishing activities


10.1. An additional number of days at sea on which a vessel may be authorized by its flag Member State to be present within any one of the geographical areas defined in point 2.1 when carrying on board any of the gears referred to in point 4.1 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002, either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant geographical area shall be divided by the effort expended by all vessels using that gear during 2001.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.

This point shall not apply where a vessel has been replaced in accordance with point 5.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.

10.2. Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a request to the Commission with reports in electronic format containing for each combination of geographical areas, groupings of fishing gears and special conditions as laid down in Table I the details of the calculation based on:

(a) lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power;

(b) the fishing activity deployed by such vessels in 2001 calculated in days at sea by concerned combination of geographical area, grouping of fishing gears and if necessary special condition.

10.3. On the basis of such a request the Commission may amend the number of days defined in point 8.1 for that Member State in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

10.4. During the 2008 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet and qualified for the relevant combination of geographical areas, groupings of fishing gears and special conditions or to part of them by applying, mutatis mutandis, the provisions laid down in points 8.4 and 8.5.

10.5. Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2008.

535.

11. Allocation of additional days for enhanced observer coverage


11.1. Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 4.1 may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 1543/2000 i, Regulation (EC) No 1639/2001 i and Regulation (EC) No 1581/2004 i for the minimum and extended programme level.

Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

11.2. Member States wishing to benefit from the allocations referred to in point 11.1 shall submit a description of their enhanced observer coverage programme to the Commission.

11.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

11.4. If such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies.

11.5. Six additional days on which a vessel may be present within the area referred to in point 2.1(c) when carrying on board gear referred to in point 4.1(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an Enhanced Data Pilot Project

11.6. Twelve additional days on which a vessel may be present within the area referred to in point 2.1(c) when carrying on board gear referred to in point 4.1 except gear referred to in paragraphs 4.1(a)(iv) and 4.1(a)(v) may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an Enhanced Data Pilot Project.

11.7. Member States wishing to benefit from the allocations referred to in points 11.2 and 11.3 shall submit a description of their Enhanced Data Pilot Project to the Commission, which shall go beyond the existing requirements under Community legislation. On the basis of this description the Commission may approve a Member State's proposal for an Enhanced Data Pilot Project in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

536.

12. Special conditions for the allocation of days


12.1. The special fishing permit referred to in point 5.1 for any vessel benefiting of any special conditions listed in point 8.2 shall identify such conditions.

12.2. If a number of days is allocated to a vessel resulting from compliance with any of the special conditions listed in points 8.2(b), (c), (d), (e), (f), (k) or (i), the catches taken by that vessel and retained on board shall consist of no more than the percentage of those species referred to in these points. The vessel shall not tranship any fish to another vessel. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the allocation of days corresponding to the given special conditions.

13. table i – maximum days a vessel may be present in 2008 within an area by fishing gear

Areas as defined in point:

Gear Point 4. Special condition Point Denomination 2.1.aKattegat 2.1.b(i) – Skaggerak(ii) – EC waters of zone IIa, IVa,b,c,(iii) – VIId 2.1.cVIIa 2.1.dVIa

| (i) (ii) (iii)

a.i Trawls or Danish seines with mesh size ≥16 and <32 mm 228 i

a.ii Trawls or Danish seines with mesh size ≥70 and <90 mm n.r. n.r.

a.iii Trawls or Danish seines with mesh size ≥90 and <100 mm

a.iv Trawls or Danish seines with mesh size ≥100 and <120 mm

a.v Trawls or Danish seines with mesh size ≥120 mm

a.iii 8.2(a) Trawls or Danish seines with mesh size ≥90 and <100 mm with a 120 mm square mesh window (Appendix 1)

a.iv 8.2(a) Trawls or Danish seines with mesh size ≥100 and <120 mm with a 120 mm square mesh window (Appendix 1)

a.v 8.2(a) Trawls or Danish seines with mesh size ≥120 mm with a 120 mm square mesh window (Appendix 1)

a.v. 8.2(j) Trawls or Danish seines with mesh size ≥120 mm with a 140 mm square mesh window (Appendix 2)

a.ii 8.2(b) Trawls or Danish seines with mesh size ≥70 and <90 mm complying with the conditions laid down in Appendix 2 to Annex III Unl. Unlimited Unl. Unl.

a.ii 8.2(c) Trawls or Danish seines with mesh size ≥70 and <90 mm track records shall represent less than 5% of cod n.r n.r

a.iii 8.2(l) Trawls or Danish seines with mesh size ≥90and <100 mm complying with the conditions laid down in Appendix

a.iv 8.2(c) Trawls or Danish seines with mesh size ≥100 and <120 mm track records shall represent less than 5% of cod

a.v 8.2(c) Trawls or Danish seines with mesh size ≥120 mm track records shall represent less than 5% of cod

a.iv 8.2(k) Trawls or Danish seines with mesh size ≥100 and <120 mm track records shall represent less than 5% of cod and more than 60% of plaice n.r. n.r. n.r.

a.v 8.2(k) Trawls or Danish seines with mesh size ≥120 mm track records shall represent less than 5% of cod and more than 60% of plaice n.r. n.r. n.r.

a.v 8.2(h) Trawls or Danish seines with mesh size ≥120 mm operating under a system of automatic suspension of fishing licences

a.ii 8.2(d) Trawls or Danish seines with mesh size ≥70 and <90 mm track records represent less than 5% of cod, sole and plaice

a.iii 8.2(d) Trawls or Danish seines with mesh size ≥90 and <100 mm track records represent less than 5% of cod, sole and plaice Unl. Unl.

a.iv 8.2(d) Trawls or Danish seines with mesh size ≥100 and <120 mm track records represent less than 5% of cod, sole and plaice Unl. Unlimited

a.v 8.2(d) Trawls or Danish seines with mesh size >120 mm track records represent less than 5% of cod, sole and plaice Unl. Unlimited Unl.

a.v 8.2(h)8.2(j) Trawls or Danish seines with mesh size >120 mm with a 140 mm square mesh window (Appendix 2) and operating under a system of automatic suspension of fishing licenses n.r. n.r.

b.i Beam trawls with mesh size ≥80 and < 90 mm n.r. 119 i Unl. p.m.(2)

b.ii Beam trawls with mesh size ≥90 and < 100 mm n.r. 129 i Unl. 129 i

b.iii Beam trawls with mesh size ≥100 and < 120 mm n.r. Unl.

b.iv Beam trawls with mesh size ≥ 120 mm n.r. Unl.

b.iii 8.2(c) Beam trawls with mesh size ≥100and < 120 mm track records shall represent less than 5% of cod n.r. Unl.

b.iii 8.2(i) Beam trawls with mesh size ≥100 and < 120mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006. n.r. Unl.

b.iv 8.2(c) Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5% of cod n.r. Unl.

b.iv 8.2(i) Beam trawls with mesh size ≥ 120mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006. n.r. Unl.

b.iv 8.2(e) Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5% of cod and more than 60% of plaice n.r. Unl.

c.i Gillnets and entangling nets with mesh sizes < 110 mm

c.ii Gillnets and entangling nets with mesh sizes ≥110 mm and < 150 mm

c.iii Gillnets and entangling nets with mesh sizes ≥ 150 mm and < 220 mm

c.iv Gillnets and entangling nets with mesh sizes ≥ 220 mm

537.

d Trammel nets


c.iii 8.2(f) Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5% of cod and more than 5% of turbot and lumpsucker

d 8.2(g) Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h.

538.

e Long-lines


1 Only the denominations in points 4.1 and 8.2 are used.2 Application of Title V of Regulation (EC) No 850/98 where restrictions exist.n.r. means 'non relevant'

539.

EXCHANGES OF FISHING EFFORT ALLOCATIONS


540.

14. Transfer of days between fishing vessels flying the flag of a member state


14.1. A Member State may permit any fishing vessel flying its flag to transfer days present within a geographical area referred to in point 2.1 for which it has been authorised to another vessel flying its flag provided that the product of the days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

14.2. The total number of days present within an area under point 14.1. multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record excluding transfers from other vessels in that area as verified by the Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel. When a donor vessel uses the area definition of West of Scotland as defined in point 2.2 its track record calculation will be based on this area definition.

For the purposes of this point, the recipient vessel is deemed to use its own allocated days before any days transferred to it. Transferred days used by the recipient vessel are counted towards the track record of the donor vessel.

14.3. The transfer of days as described in point 14.1 shall only be permitted between vessels operating within the same transfer group as defined in point 4.2 and during the same management period. A Member State may allow a transfer of days when a licensed donor vessel has ceased its activity.

14.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without the special conditions laid down in point 8.2.

By way of derogation from this point, vessels benefiting from the allocation of fishing days under the special condition referred to in point 8.2(h), when this condition is not combined with any other special condition as laid down in point 8.2, may transfer days.

14.5. On request from the Commission, Member States shall provide information on the transfers that have taken place. With the purpose of making this information available to the Commission, a detailed format of spreadsheet may be adopted, in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

541.

15. Transfer of days between fishing vessels flying the flag of different Member States


Member States may permit transfer of days present within an area for the same management period and within the same area between any fishing vessels flying their flags provided the same provisions as laid down in points 5.2, 5.4, 7 and 14 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission before such transfers take place the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the quotas relating thereto.

542.

USE OF FISHING GEAR


543.

16. Notification of fishing gear


Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the geographical areas defined in point 2.1 with any of the fishing gear referred to in point 4.1.

544.

17. Use of more than one grouping of fishing gear


17.1. A vessel may use gears belonging to more than one of the groupings of fishing gears defined under point 4.1 during one management period.

17.2. Whenever the master of a vessel or his representative notifies the use of more than one fishing gear, the vessel may at any moment use one of the gears notified provided that the total number of days spent fishing with whichever gear since the beginning of the year is :

(a) no more than total number of days available during the year which represents the arithmetic mean of the days corresponding to each gear in accordance with Table I, rounded down to the nearest whole day, and

(b) no more than the number of days that would be allocated in accordance with table I if that gear was used in isolation.

17.3. If one of the gears notified has no limitation in number of days, then the total number of days available during the year for this particular gear shall remain unlimited.

17.4. Whenever a Member State chooses to divide the days into management periods in accordance with point 9, the conditions of points 17.2, 17.3 and 17.4 shall apply mutatis mutandis for each management period.

17.5. The option to use more than one gear shall only be available if the following additional monitoring arrangements are met:

(a) during a given trip the fishing vessel may carry on board or use only one of the groupings of fishing gear referred to in point 4.1, except as provided for in point 19.2;

(b) before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board or used unless the type of fishing gear has not changed from the one notified for the previous trip.

17.6. Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found not to be complying with these requirements shall with immediate effect no longer be permitted to use more than one grouping of fishing gears.

545.

18. Combined use of regulated and unregulated fishing gear


A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4.1 (regulated gears) with any other fishing gears not referred to in point 4.1 (unregulated gears) shall not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear referred to in point 4.1 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with unregulated gears.

546.

19. Prohibition of carrying on board more than one regulated fishing gear


19.1 A vessel which is present within any of the geographical areas defined in point 2 and carrying on board a fishing gear belonging to one of the groupings of fishing gears referred to in point 4.1 may not simultaneously carry on board any gear belonging to one of the other groupings of fishing gears referred to in point 4.1.

19.2 By way of derogation from point 19.1 a vessel may carry on board in a geographical area referred to in point 2.1 fishing gears belonging to different groupings of fishing gears. In that case the maximum number of days the vessel may be authorised to be present in the geographical areas as defined in point 2 shall not be higher than those applicable to the fishing gear belonging to any one of the groupings of fishing gears referred to in point 4.1 for which the lowest number of days apply in accordance with Table I.NON-FISHING RELATED ACTIVITIES AND TRANSIT

547.

20. Non-fishing related activities


In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 8, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

548.

21. Transit


A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or that it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20 i of Regulation (EEC) No 2847/93.

549.

MONITORING, INSPECTION AND SURVEILLANCE


550.

22. fishing effort messages


By way of derogation to Article 9 to the Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks, vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19(c) of Council Regulation (EC) No 2847/93.

551.

VESSEL MONITORING SYSTEMS OBLIGATIONS


552.

23. Recording of relevant data


Member States shall ensure that the following data received pursuant to Articles 8, 10 i and 11 i of Commission Regulation (EC) No 2244/2003 are recorded in a computer-readable form:

(a) entry into, and exit from port;

(b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

553.

24. Cross-checks


Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

554.

REPORTING OBLIGATIONS


555.

25. Collection of relevant data


Member States, on the basis of information used for the management of fishing days absent from port and present within the areas as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed in the areas defined in point 2.1 for towed gears, static gears and demersal longlines and effort deployed by vessels using different types of gear in the areas concerned by this Annex.

556.

26. Communication of relevant data


26.1. On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 25 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.

26.2. A new format of spreadsheet for making the data referred to in point 25 available to the Commission may be adopted in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

557.

Table II


Reporting format

Country CFR External marking Length of management period Area fished Gear(s) notified Special condition applying to notified gear(s) Days eligible using notified gear(s) Days spent with notified gear(s) Transfers of days

| N° N° N° … N° N° N° … N° N° N° … N° N° N° …

i i i i i i i i i i i i i i i i i i i i i

558.

Table III


Data format

Name of field Maximum number of characters/digits Alignment (*)L(eft)/R(ight) Definition and Comments

Country n/r Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002.In the case of the donor Vessel, it is always the reporting country

CFR n/r Community Fleet Register numberUnique identification number of a fishing vessel.Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.

External marking L Under Commission Regulation (EEC) No 1381/

Length of management period L Length of the management period measured in months.

Area fished L Indicate if vessel has been fishing in area a, b, c or d of point 2.1 of Annex IIA.

gear(s) notified L Indication of gear grouping notified in accordance with point 4.1 to Annex IIA (e.g a.i, a.ii. a.iii, a.iv, a.v, b.i, b.ii, b.iii, b.iv, c.i, c.ii, c.iii, d or e).

Special condition applying to notified gear(s) L Indication of which, if any, of the special condition a-l referred to in point 8.2 of Annex IIA apply.

Days eligible using notified gear(s) L Number of days for which the vessel is eligible under Annex IIA for the choice of gears and length of management period notified

Days spent with notified gear(s) L Number of days the vessel actually spent present within the area and using the gear notified during the notified management period according to Annex IIA

Transfers of days L For days transferred indicate “– number of days transferred” and for days received indicate “+ number of days transferred”

(*)relevant information for transmission of data by fixed-length formatting.


559.

Appendix 1 to Annex IIA


A copy of the special permits referred to in point 12.1 of this Annex shall be kept on board the fishing vessel.

1. When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 3 of this appendix. The gear shall be approved by the national inspectors before commencing fishing.

560.

2. Escape window


3. The window shall be inserted in the untapered section with a minimum of 80 open meshes in the circumference. The window shall be inserted into the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than six metres from cod-line. The joining rate shall be two diamond meshes to one square mesh when codend mesh size is equal or more than 120 mm, five diamond meshes to two square meshes when codend mesh size is equal or more than 100 mm and less than 120 mm and three diamond meshes to one square mesh when codend mesh size is equal or more than 90 mm and less than 100 mm.

4. The window shall be at least three meters in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes, i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the cod-end.

5. The netting f square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.


561.

Appendix 2 to Annex IIA


A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.

1. When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 3 of this appendix. The gear shall be approved by the national inspectors before commencing fishing.

562.

2. Escape window


2.1. The window shall be inserted in the untapered section with a minimum of 80 open meshes in the circumference. The window shall be inserted into the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than 6 metres from cod-line. The joining rate shall be five diamond meshes to two square meshes.

2.2. The window shall be at least three meters in length. The meshes shall have a minimum opening of 140 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.

3. The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.


563.

Appendix 3 to Annex IIA


1. A copy of the special permits referred to in point 12.1 of this Annex shall be kept on board the fishing vessel.

2. When holding the special fishing permit the vessel shall only keep on board and use a towed net with an escape window as specified in point 2 of this appendix inserted in a codend with a mesh size equal or larger than 95 mm and with a minimum of 80 open meshes and a maximum of 100 meshes in the circumference. The gear shall be approved by the national inspectors before commencing fishing.

564.

3. Escape window


3.1 The window shall be inserted in the top panel. There shall be no more than two open diamond meshes between the posterior row of meshes in the side of the window and the adjacent selvedge. The window shall terminate no more than 4 metres from cod-line. The joining rate shall be three diamond meshes to one square mesh.

3.2 The window shall be at least five meters in length. The meshes shall have a minimum opening of 120 mm. The meshes shall be square meshes i.e. all four sides of the window netting will be cut bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend.

3.3 The netting of square-meshed panel shall be knotless single twine. The window shall be inserted in such a way that the meshes remain fully open at all times when fishing. The window shall not be obstructed in any way by either internal or external attachments.

565.

ANNEX IIB


FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES ZONES VIIIc AND IXa EXCLUDING THE GULF OF CADIZ

566.

1. Scope


The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres, carrying on board towed and static gears defined in point 3 and present in zones VIIIc and IXa excluding the Gulf of Cadiz. For the purposes of this Annex, a reference to the 2008 management period means the period from 1 February 2008 to 31 January 2009.

567.

2. Definition of day present within the area


For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within the geographical area defined in point 1 and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

568.

3. Fishing gear


For the purpose of this Annex, the following groupings of fishing gears shall apply:

(a) Trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm;

(b) Gill-nets of mesh size equal to or larger than 60 mm;

(c) Trammel nets

(d) Bottom long-lines.

569.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS


570.

4. Vessels concerned by fishing effort limitations


4.1. Vessels using gear types in point 3 and fishing in areas defined in point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

4.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006 or 2007 in the area, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

4.3. However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 3 may be authorised to use a different fishing gear , provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

4.4. A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear defined in point 3, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20 i of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 13 of this Annex.

571.

5. Limitations in activity


Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days specified in point 7.

572.

6. Exceptions


A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

573.

NUMBER OF DAYS PRESENT WITHIN


THE AREA ALLOCATED TO FISHING VESSELS

574.

7. Maximum number of days


7.1 During the 2008 management period, the maximum number of days at sea for which a Member State may authorize a vessel flying its flag to be present within the area having carried on board any one of the groupings of fishing gear referred to in point 3 is shown in Table I.

7.2. For the purposes of fixing the maximum number of days at sea a fishing vessel may be authorized by its flag Member State to be present within the area, the following special conditions shall apply during the 2008 management period in accordance with Table I:

(a) The total landings of hake in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 5 tonnes according to the landings in live weight consigned in the Community logbook, and;

(b) The total landings of Norway lobster in the years 2001, 2002 and 2003made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 2,5 tonnes according to the landings in live weight consigned in the Community logbook.

7.3. During the 2008 management period, a Member State may manage its fishing effort allocations according to a kilowatt days system. By that system it may authorise any vessel concerned for any one of the groupings of fishing gears and special conditions laid down in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to such grouping and special condition is respected.

For a specific grouping of fishing gears and special condition, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for that specific grouping and special condition. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to table I, if the provisions of this point were not applied.

7.4. A Member State wishing to benefit from the provisions laid down in point 7.3 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears and special condition as laid down in Table I the details of the calculation based on

– list of vessels authorized to fish by indicating their Community Fleet Register number (CFR) and their engine power;

– track records of 2001, 2002 and 2003 for such vessels reflecting the catch composition defined in special condition 7.2(a) or (b), if these vessels are qualified for such special conditions;

– the number of days at sea for which each vessel would had initially been authorized to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.

On the basis of that description, the Commission may authorize that Member State to benefit from the provisions defined in point 7.3 in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

575.

8. Management periods


8.1. A Member State may divide the days present within the area given in Table I into management periods of durations of one or more calendar months.

8.2. The number of days for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned.

8.3. In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.

576.

9. Allocation of additional days for permanent cessation of fishing activities


9.1. An additional number of days at sea on which a vessel may be authorized by its flag Member State to be present within the geographical area when carrying on board any of the gears referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question shall be divided by the effort expended by all vessels using that gear during 2003.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.

This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.

9.2. Member States wishing to benefit from the allocations referred to in point 9.1 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears and special condition as laid down in Table I the details of the calculation based on

– lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power;

– the fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of fishing gears and if necessary special condition;

9.3. On the basis of such a request the Commission may amend the number of days defined in point 7.1 for that Member State in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

9.4 During the 2008 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet at qualified for the relevant grouping of fishing gears and special condition or to part of them by applying, mutatis mutandis, the provisions laid down in points 7.3 and 7.4.

9.5. Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2008.

577.

10. Allocation of additional days for enhanced observer coverage


10.1. Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 3 may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 1543/2000, Regulation (EC) No 1639/2001 and Regulation (EC) No 1581/2004 for the minimum and extended programme levels.

Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

10.2. Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their enhanced observer coverage programme to the Commission.

10.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

10.4 If such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies.

578.

Special conditions for the allocation of days


11.1. If a vessel has received an unlimited number of days resulting from compliance with the special conditions listed in points 7.2(a) and 7.2(b), the vessel's landings in 2008 shall not exceed 5 tonnes live weight of hake and 2,5 tonnes live weight of Norway lobster.

11.2. The vessel shall not tranship any fish at sea to another vessel.

11.3. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the allocation of days corresponding to the given special conditions.


579.

Table I


Maximum number of days a vessel may be present within the area by fishing gear per year

Gear point Special conditions point DenominationOnly the gear groupings as defined in point 3 and the special conditions as defined in point 7 are used. Maximum number of days

3.a Bottom trawls of mesh size ≥32 mm

3.b. Gill-nets of mesh size ≥60 mm

580.

3.c Trammel nets


581.

3.d Bottom long-lines


3.a 7.2(a) and 7.2(b) Bottom trawls of mesh size ≥32 mm Unlimited

3.b 7.2(a) Gill-nets of mesh size ≥60 mm Unlimited

582.

3.c 7.2(a) Trammel nets Unlimited


583.

3.d 7.2(a) Bottom long-lines Unlimited


EXCHANGES OF FISHING EFFORT ALLOCATIONS

584.

11. Transfer of days between vessels flying the flag of a member state


12.1. A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area provided that the product of the days received by a vessel multiplied by its engine in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

12.2. The total number of days present within the area transferred under point 12.1 multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area as verified by the Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

12.3. The transfer of days as described in point 12.1 shall be permitted only between vessels operating within the same gear group and during the same management period.

12.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special condition, as laid down in point 7.2.

12.5. On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in the present point may be adopted in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

585.

12. Transfer of days between fishing vessels flying the flag of different member states


Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.1, 4.4, 6 and 12 apply. Where Member States decide to authorize such a transfer, they shall notify the Commission, before such transfers take place, the details of the transfer, including the number of days, the fishing effort and, where applicable, the fishing quotas relating thereto.

586.

USE OF FISHING GEAR


587.

13. Notification of fishing gear


14.1. Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1 with any of the groupings of fishing gear referred to in point 3.

14.2. Point 14.1 shall not apply to fishing vessels authorised by a Member State to use only one of the groupings of fishing gear defined in point 3.

588.

14. Combined used of regulated and unregulated fishing gear


A vessel wishing to combine the use of one or more of the fishing gear referred to in point 3 (regulated gears) with any other grouping of fishing gear not referred to in point 3 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear referred to in point 3 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with the unregulated gears.

589.

TRANSIT


590.

15. Transit


A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20 i of Regulation (EEC) No 2847/93.

591.

MONITORING, INSPECTION AND SURVEILLANCE


592.

16. fishing effort messages


Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of Council Regulation (EC) No 2847/93.

593.

17. Recording of relevant data


Member States shall ensure that the following data received pursuant to Articles 8, 10 i and 11 i of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:

(a) entry into, and exit from port;

(b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

594.

18. Cross-checks


Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

595.

REPORTING OBLIGATIONS


596.

19. Collection of relevant data


Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.

597.

20. Communication of relevant data


21.1. On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 20 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.

21.2. A new format of spreadsheet for making the data referred to in point 20 available to the Commission may be adopted in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

598.

Table II


Reporting format

Country CFR External marking Length of management period Area fished Gear(s) notified Special condition applying to notified gear(s) Days eligible using notified gear(s) Days spent with notified gear(s) Transfer of days

| N° N° N° … N° N° N° … N° N° N° … N° N° N° …

i i i i i i i i i i i i i i i i i i i i i

599.

Table III


Data format

Name of field Maximum number of characters/digits Alignment (*)L(eft)/R(ight) Definition and Comments

Country n/r Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002.In the case of the donor Vessel, it is always the reporting country

CFR n/r Community Fleet Register numberUnique identification number of a fishing vessel.Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.

External marking L Under Commission Regulation (EEC) No 1381/

Length of management period L Length of the management period measured in months.

Area fished L Non relevant information in the case of Annex IIB.

gear(s) notified L Indication of gear grouping notified in accordance with point 3 of Annex IIB (e.g a, b, c or d)

Special condition applying to notified gear(s) L Indication of which, if any, of the special condition a-b referred to in point 7.2 of Annex IIB that apply.

Days eligible using notified gear(s) L Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified

Days spent with notified gear(s) L Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period according to Annex IIB.

Transfers of days L For days transferred indicate “– number of days transferred” and for days received indicate “+ number of days transferred”

(*)relevant information for transmission of data by fixed-length formatting.

600.

ANNEX IIC


FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe

GENERAL PROVISIONS

601.

1. Scope


1.1 The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than 10 metres carrying on board any of the gears defined in point 3, and present in zone VIIe. For the purposes of this Annex, a reference to the 2008 management period means the period from 1 February 2008 to 31 January 2009.

1.2 Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole according to the EC logbook in 2004 shall be exempt from the provisions of this Annex on the conditions that:

(a) such vessels catch less than 300 kg live weight of sole during the 2008 management period, and

(b) such vessels shall not tranship any fish at sea to another vessel, and

(c) each Member State concerned makes a report to the Commission by 31 July 2008 and 31 January 2009 on these vessels' track records for sole in 2004 and catches of sole in 2008.

When either of these conditions is not met, the concerned vessels shall with immediate effect no longer be exempted from the provisions of this Annex.

602.

2. Definition of day present with the area


For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part thereof) during which a vessel is present within zone VIIe and absent from port. The time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

603.

3. Fishing gear


For the purposes of this Annex, the following groupings of fishing gears shall apply:

(a) Beam trawls of mesh size equal to or greater than 80 mm;

(b) Static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm.

604.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS


605.

4. Vessels concerned by fishing effort limitations


4.1. Vessels using gear types identified in point 3 and fishing in areas defined in point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

4.2. A Member State shall not permit fishing with a gear belonging to a grouping of fishing gear defined in point 3 in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005, 2006 or 2007 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area.

4.3. However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 3 may be authorised to use a different fishing gear , provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the first gear.

4.4. A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish in that area with a gear belonging to a grouping of fishing gear defined in point 3, unless the vessel is allocated a quota after a transfer as permitted according to the Article 20 i of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 13 of this Annex.

606.

5. Limitations in activity


Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days set out in point 7.

607.

6. Exceptions


A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.

608.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS


609.

7. Maximum number of days


7.1. During the 2008 management period, the maximum number of days at sea for which a Member State may authorize a vessel flying its flag to be present within the area having carried on board and used any one of the fishing gears referred to in point 3 is shown in Table I.

7.2 During the 2008 management period, the number of days at sea for which a vessel is present within the total area covered by this Annex and Annex IIA shall not exceed the number shown in Table I of this Annex. However the number of days in which the vessel is present in the areas covered in Annex IIA shall comply with the maximum number fixed in accordance with Annex IIA.

7.3 During the 2008 management period, a Member State may manage its fishing effort allocation according to a kilowatt days system. By that system it may authorise any vessel concerned to be present within the area for a maximum number of days which is different from that set out in Table I for any one of the groupings of fishing gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is respected.

For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point were not applied.

7.4 A Member State wishing to benefit from the provisions laid down in point 7.3 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on

– list of vessels authorized to fish by indicating their Community Fleet Register number (CFR) and their engine power;

– the number of days at sea for which each vessel would had initially been authorized to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.

On the basis of that description, the Commission may authorize that Member State to benefit from the provisions defined in point 7.3 in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

610.

8. Management periods


8.1. Member States may divide the days present within the area given in Table I into management periods of durations of one or more calendar months.

8.2. The number of days for which a vessel may be present within the area during a management period shall be fixed at the discretion of Member States concerned.

8.3. In any given management period a vessel that has used the number of days present within the area for which it is eligible shall remain in port or out of the area for the remainder of the management period unless it is using a gear for which no maximum number of days has been fixed.

611.

9. Allocation of additional days for permanent cessations of fishing activities


9.1. An additional number of days at sea on which a vessel may be authorized by its flag Member State to be present within the geographical area when carrying on board any of the gears referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question shall be divided by the effort expended by all vessels using that gear during 2003.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.

This point shall not apply where a vessel has been replaced in accordance with point 4.2 or when the withdrawal has already been used in previous years to obtain additional days at sea.

9.2. Member States wishing to benefit from the allocations referred to in point 9.1 shall submit a request to the Commission with reports in electronic format containing for each grouping of fishing gears the details of the calculation based on

– lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power;

– the fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of fishing gears;

9.3. On the basis of such a request the Commission may amend the number of days defined in point 7.2 for that Member State in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

9.4 During the 2008 management period, a Member State may re-allocate those additional numbers of days at sea to all the vessels remaining in fleet at qualified for the relevant grouping of fishing gears or to part of them by applying, mutatis mutandis, the provisions laid down in points 7.3 and 7.4.

9.5. Any additional number of days resulting from a permanent cessation of activity previously allocated by the Commission remains allocated in 2008.

612.

10. Allocation of additional days for enhanced observer coverage


10.1. Three additional days on which a vessel may be present within the area when carrying onboard any of the groupings of fishing gear referred to in point 3 may be allocated between 1 February 2008 and 31 January 2009 to Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 1543/2000, Regulation (EC) No 1639/2001 and Regulation (EC) No 1581/2004 for the minimum and extended programme levels.

Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

10.2. Member States wishing to benefit from the allocations referred to in point 11.1 shall submit a description of their enhanced observer coverage programme to the Commission for approval.

10.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 7.1 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of observers in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

10.4. If such a programme submitted by a Member Stated has been approved by the Commission in the past and the Member State wishes to continue its application without changes, the Member State shall inform the Commission of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for which the programme applies.

613.

Table I


Maximum number of days a vessel may be present within the area by fishing gear per year

Gearpoint DenominationOnly the gear groupings as defined in point 3 are used Western Channel

3.a. Beam trawls of mesh size ≥ 80 mm

3.b. Static nets with mesh size < 220 mm

614.

EXCHANGES OF FISHING EFFORT ALLOCATIONS


615.

11. Transfer of days between fishing vessels flying the flag of a Member State


11.1. A Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it has been authorised to another of its vessels flying its flag within the area provided that the product of the days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

11.2. The total number of days present within the area, multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel's average annual days track record in the area as verified by the Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.

11.3. The transfer of days as described in point 12.1 shall be permitted only between vessels operating within the same gear grouping referred to in point 3 and during the same management period.

11.4. On request from the Commission, Member States shall provide reports on the transfers that have taken place. A detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

616.

12. Transfer of days between fishing vessels flying the flag of different Member States


Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.4, 6 and 12 apply. Where Member States decide to authorize such a transfer, as a preliminary they shall notify the Commission before such transfers take place, the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them.

617.

USE OF FISHING GEAR


618.

13. Notification of fishing gear


Before the first day of each management period the master of a vessel or his representative shall notify to the authorities of the flag Member State which gear or gears he intends to use during the forthcoming management period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1 with any of the groupings of fishing gear referred to in point 3.

619.

14. Non-fishing related activities


In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall not carry any fishing gear or fish on board during that time.

620.

TRANSIT


621.

15. Transit


A vessel shall be allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board must be lashed and stowed in accordance with conditions laid down in Article 20 i of Regulation (EEC) No 2847/93.

622.

MONITORING, INSPECTION AND SURVEILLANCE


623.

16. fishing effort messages


Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of Council Regulation (EC) No 2847/93.

624.

17. Recording of relevant data


Member States shall ensure that the following data received pursuant to Articles 8, 10 i and 11 i of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:

(a) entry into, and exit from port;

(b) each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

625.

18. Cross-checks


Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

626.

19. Alternative control measures


Member States may implement alternative control measures to ensure compliance with the obligations referred to in point 16 of this Annex which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

627.

20. Prior notification of transhipments and landings


The master of a Community vessel or his representative wishing to tranship any quantity retained on board or to land in a port or landing location of a third-country shall inform the competent authorities of the flag Member State at least 24 hours prior to transhipping or to landing in a third-country the information referred to in Article 19b of Regulation (EEC) No 2847/93.

628.

21. Margin of tolerance in the estimation of quantities reported in the logbook


By way of derogation from Article 5 i of Commission Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 16 shall be 8% of the logbook figure. Where no conversion factors are laid down in Community legislation, the conversion factors adopted by the Member states whose flag the vessel is flying shall apply.

629.

22. Separate stowage


When quantities of sole greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a fishing vessel in any container any quantity of Sole mixed with any other species of marine organism. The masters of Community vessels shall give inspectors of Member States such assistance as will enable the quantities declared in the logbook and the catches of sole retained on board to be cross checked.

630.

23. Weighing


23.1. The competent authorities of a Member State shall ensure that any quantity of sole exceeding 300 kg caught in the area shall be weighed using auction room scales before sale.

23.2. The competent authorities of a Member State may require that any quantity of sole exceeding 300 kg caught in the area and first landed in that Member State is weighed in the presence of controllers before being transported from the port of first landing.

631.

24. Transport


By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species in fisheries referred to in Article 8 of this Regulation which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8 i of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

632.

25. Specific monitoring programme


By way of derogation from Article 34c i of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks in fisheries referred to in Article 8 of this Regulation may last more than two years from their date of entry into force.

633.

REPORTING OBLIGATIONS


634.

26. Collection of relevant data


Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.

635.

27. Communication of relevant data


27.1. On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data referred to in point 26 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission.

27.2. A new format of spreadsheet for the purpose of making the data referred to in point 26 available to the Commission may be adopted in accordance with the procedure laid down in Article 30 i of Regulation (EC) No 2371/2002.

636.

Table II


Reporting format

Country CFR External marking Length of management period Area fished Gear(s) notified Special condition applying to notified gear(s) Days eligible using notified gear(s) Days spent with notified gear(s) Transfer of days

| N° N° N° … N° N° N° … N° N° N° … N° N° N° …

i i i i i i i i i i i i i i i i i i i i i


637.

Table III


Data format

Name of field Maximum number of characters/digits Alignment (*)L(eft)/R(ight) Definition and Comments

Country n/r Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002.In the case of the donor Vessel, it is always the reporting country

CFR n/r Community Fleet Register numberUnique identification number of a fishing vessel.Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side.

External marking L Under Commission Regulation (EEC) No 1381/

Length of management period L Length of the management period measured in months.

Area fished L Non relevant information in the case of Annex IIC.

gear(s) notified L Indication of gear grouping notified in accordance with point 3 to Annex IIC (a or b)

Special condition applying to notified gear(s) L Non relevant information in the case of Annex IIC.

Days eligible using notified gear(s) L Number of days for which the vessel is eligible under Annex IIC for the choice of gear groupings and length of management period notified.

Days spent with notified gear(s) L Number of days the vessel actually spent present within the area and using a gear corresponding to grouping gear notified during the notified management period according to Annex IIC.

Transfers of days L For days transferred indicate “– number of days transferred” and for days received indicate “+ number of days transferred”

(*)relevant information for transmission of data by fixed-length formatting.

638.

ANNEX IID


FISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIA AND IV AND IN EC WATERS OF ICES ZONE IIA

1. The conditions laid down in this Annex shall apply to Community vessels fishing in ICES zones IIIa and IV and in EC waters of ICES zone IIa with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm. The same conditions shall apply to third country vessels authorized to fish for sandeel in EC waters of ICES zone IV unless otherwise specified, or as a consequence of consultations between the Community and Norway as set out in Table 3, footnote 13, of the Agreed Record of conclusions between the European Community and Norway of 1 December 2006.

2. For the purposes of this Annex a day present within the area shall be:

(a) the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any part of such a period or;

(b) any continuous period of 24 hours as recorded in the Community logbook between the date and time of departure and the date and time of arrival or any part of any such time period.

3. Each Member State concerned shall, not later than 1 March 2008, establish a data base containing for ICES zones IIIa and IV, for each of the years 2002, 2003, 2004, 2005, 2006 and 2007 and for each vessel flying its flag or registered within the Community which have been fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, the following information:

(a) the name and internal registration number of the vessel;

(b) the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC) No 2930/86;

(c) the number of days present within the area when fishing with demersal trawl, seine or similar towed gear with a mesh size of less than 16 mm;

(d) the kilowatt-days as the product of the number of days present within the area and the installed engine power in kilowatts.

4. The following quantities shall be calculated by each Member State:

(a) the total kilowatt-days for each year as the sum of the kilowatt-days calculated in point 3(d);

(b) the average kilowatt-days for the period 2002 to 2007.

5. Each Member State shall ensure that the total kilowatt-days in 2008 for vessels flying its flag or registered in the Community does not exceed the effort deployed in 2005 as calculated under point 4(a).

6. Each Member State with a quota allocation for the sandeel stock subject to this Annex, and which has not deployed any effort in 2005, is entitled to a level of effort, which is proportional to their quota share. The calculation of the fishing effort level for Member States which have not deployed any effort in 2005 will be based on the calculation carried out in accordance with point 4(a) for Member States which have deployed effort in 2005.7. Notwithstanding the effort limit laid down in point 5, the total kilowatt-days deployed by each Member State for the purpose of setting up exploratory fishing, shall not exceed 30 % of the total kilowatt-days deployed in 2005.

8. The TAC and quotas for sandeel in ICES zone IIIa and IV and in EC waters of ICES zones IIa as laid down in Annex I to this Regulation shall be revised by the Commission as early as possible based on advice from ICES and the STECF on the size of the 2007 year class of North Sea sandeel, taking into account the following principles as well as other elements contained in the scientific advice:

(a) where ICES and the STECF estimates the size of the 2007 year class of North Sea sandeel to be equal to or smaller than 150000 million individuals at age 1, fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited for the remainder of 2008. However, a limited fishery may be allowed in order to monitor the sandeel stocks in ICES zones IIIa and IV and the effects of the closure. To this end the Member States concerned shall, in cooperation with the Commission, develop a plan for the monitoring of this limited fishery;

(b) where ICES and the STEFC estimates the size of the 2007 year class of North Sea sandeel to be greater than 150000 million at age 1, the TAC (in 1000t) shall be established according to the following function:

TAC2008 = -597 + (4.073*N1)

where N1 means the real-time estimate of age group 1 in billions and the TAC is in 1000t;

(c) notwithstanding point (b), the TAC shall not exceed 400 000 tonnes.

9. Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, shall be prohibited from 1 August 2008 until 31 December 2008.

639.

ANNEX III


TRANSITIONAL TECHNICAL AND CONTROL MEASURES

Part A

North Atlantic including the North Sea, Skagerrak and Kattegat

640.

1. Fishing for Herring in EC waters of ICES zone IIa


It shall be prohibited to land or retain on board herring caught in EC waters of zone IIa in the periods 1 January to 28 February and 16 May to 31 December.

641.

2. Technical conservation measures in the Skagerrak and in the Kattegat


By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 1 to this Annex shall apply.

642.

3. Electric fishing in ices zones IVc and IVb


3.1. By way of derogation from Article 31 i 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:

- a point on the east coast of the United Kingdom at latitude 55° N,

- then east to latitude 55° N, longitude 5° E,

- then north to latitude 56° N,

- and finally east to a point on the west coast of Denmark at latitude 56° N

3.2. The following measures shall apply in 2008:

(a) no more than 5 % of the beam trawler fleet by Member State shall be allowed to use the electric pulse trawl;

(b) the maximum electrical power in kW for each beam trawl shall be no more than the length in metre of the beam multiplied by 1.25;

(c) the effective voltage between the electrodes shall be no more than 15V;

(d) the vessel shall be equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It shall be not possible for non authorized person to modify this automatic computer management system;

(e) It shall be prohibited to use one or more tickler chains in front of the footrope.

643.

4. Closure of an area for sandeel fisheries in ices zone IV


4.1. It 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:

– the east coast of England at latitude 55º30'N,

– latitude 55º30'N, longitude 1º00'W,

– latitude 58º00'N, longitude 1º00'W,

– latitude 58º00'N, longitude 2º00'W,

– the east coast of Scotland at longitude 2º00'W.

4.2. Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

644.

5. Rockall Haddock box in ices zone VI


All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

645.

Point No Latitude Longitude


57°00'N 15°00'W

57°00'N 14°00'W

56°30'N 14°00'W

56°30'N 15°00'W

646.

6. Restrictions on fishing for cod in ICES zones VI and VII


647.

6.1. ICES zone VIa


Until 31 December 2008, it shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

59°05'N, 06°45'W

59°30'N, 06°00'W

59°40'N, 05°00'W

60°00'N, 04°00'W

59°30'N, 04°00'W

59°05'N, 06°45'W.

648.

6.2. ICES zones VII f and g


From 1 February 2008 until 31 March 2008, it shall be prohibited to conduct any fishing activity in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.

6.3. By 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:

(i) no fishing gear other than pots and creels are carried on board, and

(ii) no fish other than shellfish and crustacea are retained on board.

6.4. By 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:

(i) no net of mesh size greater than or equal to 55 mm is carried on board, and

(ii) no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.

649.

7. Restrictions on fishing for blue ling in ICES zones VI and VII


From 1 March 2008 to 30 June 2008 it shall be prohibited to conduct any fishing activity targeting blue ling or having more than 5% by-catch of blue ling within the areas sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordination system:

(a) Area I

- 58° 15' N, 9° 45' W

- 58° 30' N, 9° 45' W

- 59° 30' N, 7° 00' W

- 60° 00' N, 7° 00' W

- 60° 00' N, 6° 00' W

- 59° 30' N, 6° 00' W

- 59° 30' N, 6° 15' W

- 59° 00' N, 7° 00' W

- 58° 15' N, 9° 00' W

- 58° 15' N, 9° 45' W

(b) Area II

- 59° 45' N, 8° 30' W

- 60° 4.8' N, 8° 30' W

- 60° 8.4' N, 7° 30' W

- 59° 45' N, 7° 30' W

- 59° 45' N, 8° 30' W

650.

8. Technical conservation measures in the Irish Sea


8.1. In 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:

– the east coast of Ireland and the east coast of Northern Ireland and

– straight lines sequentially joining the following geographical coordinates:

– a point on the east coast of the Ards peninsula in Northern Ireland at 54° 30 N,

– 54° 30_ N, 04° 50_ W,

– 53° 15_ N, 04° 50_ W,

– a point on the east coast of Ireland at 53° 15_ N.

8.2. By way of derogation from point 8.1, within the area and time period referred to therein:

(a) the use of demersal otter trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

(i) are of mesh size either 70 mm to 79 mm or 80 mm to 99 mm, and

(ii) are of only one of the permitted mesh size ranges, and

(iii) incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than 300 mm, and

(iv) are deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates:

53° 30' N, 05° 30' W

53° 30' N, 05° 20' W

54° 20' N, 04° 50' W

54° 30' N, 05° 10' W

54° 30' N, 05° 20' W

54° 00' N, 05° 50' W

54° 00' N, 06° 10' W

53° 45' N, 06° 10' W

53° 45' N, 05° 30' W

53° 30' N, 05° 30' W;

(b) the use of separator trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

(i) comply with the conditions laid down in subparagraph (a)(i) to (iv), and

(ii) are constructed in conformity with the technical details provided in the Annex of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (zone VIIa) i .

Furthermore, separator trawls may also be used within an area enclosed by rhumb lines sequentially joining the following coordinates:

53° 45' N, 06° 00'' W

53° 45' N, 05° 30' W

53° 30' N, 05° 30' W

53° 30' N, 06° 00' W

53° 45' N, 06° 00' W.

8.3. The technical conservation measures referred to in Articles 3 and 4 of Regulation (EC) No 254/2002 shall apply.

651.

9. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, VIII, IX, X and XII


9.1. For the purposes of this Annex, gillnet and entangling net means a gear made up of a single piece of net and held vertically in the water. It catches living aquatic resources by entangling or enmeshing.

9.2. For the purposes of this Annex, trammel net means a gear made up of two or more pieces of net hung jointly in parallel on a single headline and held vertically in the water.

9.3. Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, VIII, IX, X and XII east of 27° W.

9.4. By way of derogation from point 9.3 it shall be permitted to use the following gear:

(a) Gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm in ICES zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k, and XII east of 27º W or with mesh size equal to or greater than 100 mm and less than 130 mm in ICES zones VIII, IX and X, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The maximum soak time shall be 24 hours; or

(b) Entangling nets with a mesh size equal to or greater than 250 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 100km per vessel. The maximum soak time shall be 72 hours.

However, this derogation shall not apply in the NEAFC Regulatory Area.

9.5. Only one of the types of gear described in points 9.4.a and 9.4.b shall be carried aboard the vessel at any one time. To allow for the replacement of lost or damaged gear, vessels may carry on board nets with a total length 20% greater than the maximum length of the fleets that may be deployed at any one time. All gear shall be marked in accordance with Regulation (EC) No 356/2005 i.

9.6. All vessels deploying gillnets or entangling nets at any position where the charted depth is greater than 200 metres in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, VIII, IX, X and XII east of 27° W must hold a special fixed net fishing permit issued by the flag Member State.

9.7. The master of a vessel with a fixed net permit referred to in point 9.6 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and must account for any discrepancy between the two quantities.

9.8. The 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, VIII, IX, X and XII east of 27° W in the following situations:

(a) the gear is not properly marked;

(b) the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours;

(c) the gear is deployed in waters with a charted depth greater than that permitted;

(d) the gear is of an illegal mesh size.

9.9. The master of a vessel with a fixed net permit referred to in point 9.6 shall be recorded in the logbook the following information during each fishing trip:

- The mesh size of the net deployed,

- The nominal length of one net,

- The number of nets in a fleet,

- The total number of fleets deployed,

- Position of each fleet deployed,

- The depth of each fleet deployed,

- The soak time of each fleet deployed,

- The quantity of any gear lost, its last known position and date of loss.

9.10. Vessels fishing with a fixed net permit referred to in point 9.6 shall only be permitted to land in the ports designated by the Member States in accordance with Article 7 of Regulation (EC) 2347/2002.

9.11. The quantity of sharks retained on board by any vessel using the gear type described in point 9.4.b shall be no more than 5% by live-weight of the total quantity of marine organisms retained on board.

652.

10. Restrictions on fishing for roundnose grenadier in ICES zone IIIa


Notwithstanding Council Regulation 2015/2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks i, no directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Community and Norway in early 2008.

653.

11. Fishing effort for deep sea species


By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2008:

11.1. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

11.2. It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit.

654.

12. Interim measures for the protection of vulnerable deep-sea habitats


12.1 It 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:

The Hecate Seamounts:

– 52° 21.2866' N, 31° 09.2688' W

– 52° 20.8167' N, 30° 51.5258' W

– 52° 12.0777' N, 30° 54.3824' W

– 52° 12.4144' N, 31° 14.8168' W

– 52° 21.2866' N, 31° 09.2688' W

The Faraday Seamounts:

– 50° 01.7968' N, 29° 37.8077' W

– 49° 59.1490' N, 29° 29.4580' W

– 49° 52.6429' N, 29° 30.2820' W

– 49° 44.3831' N, 29° 02.8711' W

– 49° 44.4186' N, 28° 52.4340' W

– 49° 36.4557' N, 28° 39.4703' W

– 49° 29.9701' N, 28° 45.0183' W

– 49° 49.4197' N, 29° 42.0923' W

– 50° 01.7968' N, 29° 37.8077' W

Part of the Reykjanes Ridge:

– 55° 04.5327' N, 36° 49.0135' W

– 55° 05.4804' N, 35° 58.9784' W

– 54° 58.9914' N, 34° 41.3634' W

– 54° 41.1841' N, 34° 00.0514' W

– 54° 00.0'N, 34° 00.0' W

– 53° 54.6406' N, 34° 49.9842' W

– 53° 58.9668' N, 36° 39.1260' W

– 55° 04.5327' N, 36° 49.0135' W

The Altair Seamounts:

– 44° 50.4953' N, 34° 26.9128' W

– 44° 47.2611' N, 33° 48.5158' W

– 44° 31.2006' N, 33° 50.1636' W

– 44° 38.0481' N, 34° 11.9715' W

– 44° 38.9470' N, 34° 27.6819' W

– 44° 50.4953' N, 34° 26.9128' W

The Antialtair Seamounts:

– 43° 43.1307' N, 22° 44.1174' W

– 43° 39.5557' N, 22° 19.2335' W

– 43° 31.2802' N, 22° 08.7964' W

– 43° 27.7335' N, 22° 14.6192' W

– 43° 30.9616' N, 22° 32.0325' W

– 43° 40.6286' N, 22° 47.0288' W

– 43° 43.1307' N, 22° 44.1174' W

Hatton Bank:

- 59º 26' N, 14º 30' W

- 59º 12' N, 15º 08' W

- 59º 01' N, 17º 00' W

- 58º 50' N, 17º 38' W

- 58º 30' N, 17º 52' W

- 58º 30' N, 18º 45' W

- 58º 47' N, 18º 37' W

- 59º 05' N, 17º 32' W

- 59º 16' N, 17º 20' W

- 59º 22' N, 16º 50' W

- 59º 21' N, 15º 40' W

North West Rockall:

- 57º 00' N, 14º 53' W

- 57º 37' N, 14º 42' W

- 57º 55' N, 14º 24' W

- 58º 15' N, 13º 50' W

- 57º 57' N, 13º 09' W

- 57º 50' N, 13º 14' W

- 57º 57' N, 13º 45' W

- 57º 49' N, 14º 06' W

- 57º 29' N, 14º 19' W

- 57º 22' N, 14º 19' W

- 57º 00' N, 14º 34' W

Logachev Mound:

- 55º 17' N, 16º 10' W

- 55º 34' N, 15º 07' W

- 55º 50' N, 15º 15' W

- 55º 33' N, 16º 16' W

West Rockall Mound:

- 57º 20' N, 16º 30' W

- 57º 05' N, 15º 58' W

- 56º 21' N, 17º 17' W

- 56º 40' N, 17º 50' W

12.2. It shall be prohibited to conduct any fishing activity, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Belgica Mound Province:

- 51° 29,4' N; 11° 51,6' W

- 51° 32,4' N; 11° 41,4' W

- 51° 15,6' N; 11° 33' W

- 51° 13,8' N; 11° 44,4' W

Hovland Mound Province:

- 52° 16,2' N; 13° 12,6' W

- 52° 24' N; 12° 58,2' W

- 52° 16,8' N; 12° 54' W

- 52° 16,8' N; 12° 29,4' W

- 52° 4,2' N; 12° 29,4' W

- 52° 4,2' N; 12° 52,8' W

- 52° 9' N; 12° 56,4' W

- 52° 9' N; 13° 10,8' W

655.

North-West Porcupine Bank Area I


- 53° 30,6' N; 14° 32,4' W

- 53° 35,4' N; 14° 27,6' W

- 53° 40,8' N; 14° 15,6' W

- 53° 34,2' N; 14° 11,4' W

- 53° 31,8' N; 14° 14,4' W

- 53° 24' N; 14° 28,8' W

656.

North-West Porcupine Bank Area II


- 53° 43,2' N; 14° 10,8' W

- 53° 51,6' N; 13° 53,4' W

- 53° 45,6' N; 13° 49,8' W

- 53° 36,6' N; 14° 7,2' W

South-West Porcupine Bank:

- 51° 54,6' N; 15° 7,2' W

- 51° 54,6' N; 14° 55,2' W

- 51° 42' N; 14° 55,2' W

- 51° 42' N; 15° 10,2' W

- 51° 49,2' N; 15° 6' W"

657.

13. Observer coverage during fishing operations conducted solely for the purpose of scientific investigations


The master of a vessel carrying out fishing operations solely for the purpose of scientific investigations shall take on board an observer from the Member State in whose waters those fishing operations are carried out whenever that Member State so requests to the Member State whose flag the vessel is flying.PART B

Eastern Central Atlantic

658.

14. Minimum size for octopus


The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF (FAO Fishery Committee for the Eastern Central Atlantic) region shall be 450 g (gutted). Octopus under the minimum size of 450 g (gutted) shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

659.

PART C


Eastern Pacific Ocean

660.

15. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)


15.1. The fishing by purse-seine vessels for Yellowfin 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:

– the Pacific coastlines of the Americas,

– longitude 150° W,

– latitude 40° N,

– latitude 40° S.

15.2. The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2008. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected.

15.3. As of the date of entry into force of this Regulation purse seiners fishing for tuna in the Regulatory Area of the IATTC shall retain on board and then land all bigeye, skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

661.

PART D


Eastern Pacific Ocean and Western and Central Pacific Ocean

662.

16. Special measures for the Eastern, Western and Central Pacific Ocean


In the Eastern, Western and Central Pacific Ocean purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, billfishes, rays, dorado, and other non-target species. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals.

663.

17. Specific measures applying to encircled or entangled sea turtles


In the Eastern, Western and Central Pacific Ocean the following specific measures shall apply:

(a) whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat;

(b) if a turtle is entangled in the net, net roll should stop as soon as the turtle comes out of the water and should not start again until the turtle has been disentangled and released;

(c) if a turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle should be made before returning it to the water;

(d) tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea;

(e) the release, when practicable, of sea turtles entangled in Fish Aggregating Devices (FADs) and other fishing gear is encouraged;

(f) the recovery of FADs which are not being used in the fishery is also encouraged.

664.

Appendix 1 to Annex III


TOWED GEARS : Skagerrak and Kattegat

Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range

Species Mesh size range (mm)

< 16- 32- 35- 70-89 i

665.

Minimum percentage of target species


50% i 50% i 20% i 50% i 20% i 20% i 30% i none

Sandeel (Ammodytidae) i x x x x x x x x

Sandeel (Ammodytidae) (4)Norway pout (Trisopterus esmarkii)Blue whiting (Micromesistius poutassou)Greater weever (Trachinus draco) (1)Molluscs (except Sepia) (1)Garfish (Belone belone) (1)Gray gurnard (Eutrigla gurnardus) (1)Argentine (Argentina spp.)Sprat (Sprattus sprattus) xxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx xxxxxxxxx

Eel (Anguilla, anguilla)Common shrimp/Baltic shrimp (Crangon spp., Palaemon adspersus) i xx xx xx xx xx xx

666.

Mackerel (Scomber spp.)Horse mackerel (Trachurus spp.)Herring (Clupea harengus) xxx xxx xxx


Northern shrimp (Pandalus borealis) Common shrimp/Baltic shrimp (Crangon spp., Palaemon adspersus) i x x xx xx

667.

Whiting (Merlangius merlangus)Norway lobster (Nephrops norvegicus) xx xx


All other marine organisms x

Only within four miles from the baselines.(2) Outside four miles from the baselines.(3) From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.(4) From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.(5) When applying this mesh size range the codend shall be constructed of square meshed netting with a sorting grid in accordance with Appendix 2 to this Annex. i The catch retained on board shall consist of no more than 10% of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.(7) The catch retained on board shall consist of no more than 50% of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.(8) The catch retained on board shall consist of no more than 60% of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.


668.

Appendix 2 to Annex III


Specifications fo the Sorting grid for 70 mm trawl fishery

(a) The species selective grid shall be attached in trawls with full square mesh codend with a mesh size equal to or larger than 70 mm and smaller than 90 mm. The minimum length of the codend shall be 8 m. It shall be prohibited to use any trawl having more than 100 square meshes in any circumference of the codend, excluding the joining or the selvedges.

(b) The grid shall be rectangular. The bars of the grid shall be parallel to the longitudinal axis of the grid. The bar spacing of the grid shall not exceed 35 mm. It shall be permitted to use one or more hinges in order to facilitate its storage on the net drum.

(c) The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to the anterior end of the untapered section. All sides of the grid shall be attached to the trawl.

(d) In the upper panel of the trawl there shall be an unblocked fish outlet in immediate connection to the upper side of the grid. The opening of the fish outlet shall have the same width in the posterior side as the width of the grid and shall be cut out to a tip in the anterior direction along mesh bars from both sides of the grid.


(e) It shall be permitted to attach in front of the grid a funnel to lead the fish towards the trawl floor and grid. The minimum mesh size of the funnel shall be 70 mm. The minimum vertical opening of the guiding funnel towards the grid shall be 15 cm. The width of the guiding funnel towards the grid shall be the grid width.

[afbeelding - zie origineel document]

Schematic illustration of a size and species selective trawl. Entering fish is lead towards the trawl floor and grid via a leading funnel. Larger fish is then led out of the trawl by the grid while smaller fish and Norway lobster pass through the grid and enter the codend. The full square mesh codend enhance escapement of small fish and undersized Norway lobster.

669.

ANNEX IV


PART I

Quantitative limitations of licences and fishing permits for Community vessels fishing in third country waters

Area of fishing Fishery Number of licences Allocation of licences amongst Member States Maximum number of vessels present at any time

Norwegian waters and fishery zone around Jan Mayen Herring, North of 62°00'N DK: 32, DE: 6, FR: 1, IRL: 9, NL: 11, SW: 12, UK: 21, PL:

Demersal species, North of 62°00'N FR: 18, PT: 9, DE: 16, ES: 20, UK: 14, IRL:

Mackerel, South of 62°00'N, purse seine fishery DE: 1 i, DK: 26 1, FR: 2 1, NL: 1 not relevant

Mackerel, South of 62°00'N, trawl fishery not relevant

Mackerel, North of 62°00'N, purse seine fishery 11 i DK: not relevant

Industrial species, South of 62°00'N DK: 450, UK:

670.

Waters of the Faroe Islands All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines BE: 0, DE: 4, FR: 4, UK:


Directed fishing for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62°28'N and east of 6°30'W 8 i

Trawling outside 21 miles from the Faroese baseline. In the periods 1 March to 31 May and 1 October to 31 December, these vessels may operate in the area between 61°20'N and 62°00'N and between 12 and 21 miles from the baselines. BE: 0, DE: 10, FR: 40, UK:

Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61°30'N and west of 9°00'W and in the area between 7°00'W and 9°00'W south of 60°30'N and in the area south-west of a line between 60°30'N, 7°00'W and 60°00'N, 6°00'W. DE: 8 i, FR: 12 4, UK: 0 20 i

671.

Directed trawl fishery for saithe with a minimum mesh size of 120 mm and with the possibility to use round-straps around the codend. 22


Fisheries for blue whiting. The total number of licences may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called 'main fishing area of blue whiting' DE: 3, DK: 19, FR: 2, UK: 5, NL:

672.

Line fishing UK:


Fishing for mackerel DK:

Herring fisheries north of 62°N DE: 1, DK: 7, FR: 0, UK: 5, IRL: 2, NL: 3, SW:

|


673.

PART II


Quantitative limitations of licences and fishing permits for third country fishing vessels in Community waters

Flag State Fishery Number of licences Maximum number of vessels present at any time

Norway Herring, North of 62°00'N

Faeroe Islands Mackerel, VIa (north of 56°30'N), VIIe,f,h, horse mackerel, IV, VIa (north of 56°30'N), VIIe,f,h; herring, VIa (north of 56°30'N)

Herring north of 62°00'N

674.

Herring, IIIa


Industrial fishing for Norway pout and sprat, IV, VIa (north of 56°30'N): sandeel, IV (including unavoidable by-catches of blue whiting)

675.

Ling and tusk


Blue whiting, II, VIa (north of 56°30'N), VIb, VII (west of 12°00'W)

676.

Blue ling


Venezuela Snappers i (French Guyana waters) pm

677.

Sharks (French Guyana waters) pm



PART III

Declaration pursuant to Article 25(2)

LANDING DECLARATION i

Name of vessel: Registration No:

Name of master: Name of agent:

Master's signature:

678.

Voyage made from the to the


|

Port of landing:

679.

Quantity of shrimps landed (in live-weight)


"Head-off" shrimps: kg or ( x 1,6) = kg (head-on shrimps)

"Head-on" shrimps: kg

680.

Thunnidae: kg Snapper (Lutjanidae): kg


Shark: kg Other: kg


ANNEX V

PART I

Information to be recorded in the logbook

When fishing is carried out within the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries, the following details are to be entered in the log-book immediately after the following events:

After each haul:

1.1. the quantity (in kilograms live-weight) of each species caught;

1.2. the date and the time of the haul;

1.3. the geographical position in which the catches were made;

1.4. the fishing method used.

After each trans-shipment to or from another vessel:

2.1. the indication 'received from' or 'transferred to';

2.2. the quantity (in kilograms live-weight) of each species trans-shipped;

2.3. the name, external identifications letters and numbers of the vessel to or from which the trans-shipment occurred;

2.4. trans-shipment of cod is not allowed.

After each landing in a port of the Community:

3.1. name of the port;

3.2. the quantity (in kilograms live-weight) of each species landed.

After each transmission of information to the Commission of the European Communities:

4.1. date and time of the transmission;

4.2. type of message: 'catch on entry', 'catch on exit', 'catch', 'transhipment';

4.3. in the case of radio transmission: name of the radio station.


681.

PART II


[afbeelding - zie origineel document]

682.

ANNEX VI


CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

1. The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows:

1.1. On each occasion a vessel commences a fishing trip i in Community waters it shall send a 'catch on entry' message specifying the following

SR m i (= start of record)

AD m XEU (= to Commission of the European Communities)

683.

SQ m (serial number of message in current year)


TM m COE (= 'catch on entry')

684.

RC m (international radio call sign)


TN o i (fishing trip serial number in the year)

685.

NA o (name of the vessel)


IR m (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state)

XR m (external identification letters; side number of the vessel)

LT i o i (latitude position of the vessel at time of transmission)

686.

LG o (longitude position of the vessel at time of transmission)


LI o (estimated latitude position where the master intends to commence fishing, degrees or decimal presentation)

LN o (estimated longitude position where the master intends to commence fishing, degrees or decimal presentation)

RA m (relevant ICES area)

OB m (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms

687.

DA m (date of transmission in yyyymmdd format)


TI m (time of transmission in hhmm format)

MA m (name of the master of the vessel)

ER m (= end of record)

1.2. On each occasion a vessel terminates a fishing trip i in Community waters it shall send a 'catch on exit' message specifying the following:

SR m (= start of record)

AD m XEU (= to Commission of the European Communities)

688.

SQ m (serial number of message for that vessel in current year)


TM m COX (= 'catch on exit')

689.

RC m (international radio call sign)


TN o (fishing trip serial number in the year)

NA o (name of the vessel)

IR m (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state)

XR m (external identification letters; side number of the vessel)

LT i o i (latitude position of the vessel at time of transmission)

690.

LG o (longitude position of the vessel at time of transmission)


RA m (relevant ICES area where catches were taken)

CA m (catch quantity by species since last report in pairs as needed, : FAO code + live weight in kilograms, rounded to the nearest 100 kilograms)

OB o (quantity by species on board, in the hold, in pairs as needed: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms

691.

DF o (days fished since last report)


DA m (date of transmission in yyyymmdd format)

TI m (time of transmission in hhmm format)

MA m (name of the master of the vessel)

ER m (= end of record)

1.3. At 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:

SR m (= start of record)

AD m XEU (= to Commission of the European Communities)

692.

SQ m (serial number of message for that vessel in current year)


TM m CAT (= 'catch report')

693.

RC m (international radio call sign)


TN o (fishing trip serial number in the year)

NA o (name of the vessel)

IR m (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state)

XR m (external identification letters; side number of the vessel)

LT i o i (latitude position of the vessel at time of transmission)

694.

LG o (longitude position of the vessel at time of transmission)


RA m (relevant ICES area where catches were taken)

CA m (catch quantity by species since last report in pairs as needed, : FAO code + live weight in kilograms, rounded to the nearest 100 kilograms)

OB o (quantity by species on board, in the hold, in pairs as needed,: FAO code + live weight in kilograms, rounded to the nearest 100 kilograms

695.

DF o (days fished since last report)


DA m (date of transmission in yyyymmdd format)

TI m (time of transmission in hhmm format)

MA m (name of the master of the vessel)

ER m (= end of record)

1.4. Whenever 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:

SR m (= start of record)

AD m XEU (= to Commission of the European Communities)

696.

SQ m (serial number of message for that vessel in current year)


TM m TRA (= 'trans-shipment')

697.

RC m (international radio call sign)


TN o (fishing trip serial number in the year)

NA o (name of the vessel)

IR m (Flag state as ISO-3 country code, where applicable followed by a unique reference number, if any, as applied in the flag state)

XR m (external identification letters; side number of the vessel)

KG m (quantity by species on- or off-loaded in pairs as needed, : FAO code + live weight in kilograms, rounded to the nearest 100 kilograms)

698.

TT m (international radio call sign of the receiving vessel)


TF m (international radio call sign of the donor vessel)

LT i m/o i, i (predicted latitude position of the vessel where the trans-shipment is planned)

699.

LG m/o2, (predicted longitude position of the vessel where the trans-shipment is planned)


PD m (predicted date when the trans-shipment is planned)

PT m (predicted time when the trans-shipment is planned)

DA m (date of transmission in yyyymmdd format)

TI m (time of transmission in hhmm format)

MA m (name of the master of the vessel)

ER m (= end of record)

700.

2. form of the communication


Unless point 3.3 is applied (see below), the information specified above under point 1 shall be transmitted respecting the codes and ordering of data as specified above; in particular,

– the text 'VRONT' must be placed in the subject line of the message;

– each data item will be placed on a new line;

– the data itself will be preceded by the indicated code, separated from each-other by a space.

Example (with fictitious data):

SR

AD XEU

SQ 1

TM COE

RC IRCS

TN 1

NA VESSEL NAME EXAMPLE

IR NOR

XR PO 12345

LT +65.321

701.

LO -21.123


RA 04A.

702.

OB COD 100 HAD 300


DA 20051004

MA CAPTAIN NAME EXAMPLE

TI 1315

ER

703.

3. communication scheme


3.1. The information specified under point 1 shall be transmitted by the vessel to the Commission of the European Communities in Brussels by Telex (SAT COM C 420599543 FISH), electronic mail (FISHERIES-telecom@cec.eu.int) or via one of the radio stations listed under point 4 below and in the form specified under point 2.

3.2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel.

3.3. In 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)

704.

FR m (from; party alfa ISO-3 country code)


RN m (serial number of the record for the relevant year)

RD m (date of transmission in yyyymmdd format)

RT m (time of transmission in hhmm format)

Example (with data of above)

//SR//AD/XEU//FR/NOR//RN/5//RD/20051004//RT/1320//SQ/1//TM/COE//RC/IRCS//TN/1//NA/VESSEL NAME EXAMPLE//IR/NOR//XR/PO 12345//LT/+65.321//LG/-21.123//RA/04A.//OB/COD 100 HAD 300//DA/20051004//TI/1315//MA/CAPTAIN NAME EXAMPLE//ER//

The Flag State will receive a 'return message' specifying:

SR m (= start of record)

705.

AD m (ISO-3 country code of Flag State)


FR m XEU (= to Commission of the European Communities)

RN m (serial number of message in current year for which a 'return message' is sent)

TM m RET (= 'return')

706.

SQ m (serial number of original message for that vessel in current year)


RC m (international radio call sign mentioned in original message)

RS m (return status – ACK or NAK)

707.

RE m (return error number)


DA m (date of transmission in yyyymmdd format)

TI m (time of transmission in hhmm format)

ER m (= end of record)

708.

4. name of the radio station


Name of radio station Call sign of radio station

Lyngby OXZ

Land's End GLD

Valentia EJK

Malin Head EJM

Torshavn OXJ

Bergen LGN

Farsund LGZ

Florø LGL

Rogaland LGQ

Tjøme

LGT

Ålesund LGA

Ørlandet LFO

Bodø LPG

Svalbard LGS

Stockholm Radio STOCKHOLM RADIO

|

|

709.

Turku OFK


710.

5. code to be used to indicate the species


Alfonsinos (Beryx spp.) ALF

American plaice (Hippoglossoides platessoides) PLA

Anchovy (Engraulis encrasicolus) ANE

Angler/Monk (Lophius spp.) MNZ

Argentine (Argentina silus) ARG

Atlantic pomfret (Brama brama) POA

Basking shark (Cetorinhus maximus) BSK

Black scabbardfish (Aphanopus carbo) BSF

Blue ling (Molva dypterygia) BLI

Blue whiting (Micromesistius poutassou) WHB

Bob shrimp (Xiphopenaeus kroyeri) BOB

Cod (Gadus morhua) COD

Common shrimp (Crangon crangon) CSH

Common squid (Loligo spp.) SQC

Dogfish (Squalus acanthias) DGS

Forkbeards (Phycis spp.) FOR

Greenland halibut (Reinhardtius hippoglossoides) GHL

Haddock (Melanogrammus aeglefinus) HAD

Hake (Merluccius merluccius) HKE

Halibut (Hippoglossus hippoglussus) HAL

Herring (Clupea harengus) HER

Horse-mackerel (Trachurus trachurus) HOM

Ling (Molva Molva) LIN

Mackerel (Scomber Scombrus) MAC

Megrim (Lepidorhombus spp.) LEZ

Nortern deep-water prawn (Pandalus borealis) PRA

Norway lobster (Nephrops norvegicus) NEP

Norway pout (Trisopterus esmarkii) NOP

Orange roughy (Hoplostethus atlanticus) ORY

Other OTH

Plaice (Pleuronectes platessa) PLE

Pollack (Pollachius pollachius) POL

Porbeagle (Lamma nasus) POR

Redfish (Sebastes spp.) RED

Red seabream (Pagellus bogaraveo) SBR

Roundnose grenadier (Coryphaenoides rupestris) RNG

Saithe (Pollachius virens) POK

Salmon (Salmo salar) SAL

Sandeel (Ammodytes spp.) SAN

Sardine (Sardina pilchardus) PIL

Shark (Selachii, Pleurotremata) SKH

Shrimp (Penaeidae) PEZ

Sprat (Sprattus sprattus) SPR

Squid (Illex spp.) SQX

Tuna (Thunnidae) TUN

Tusk (Brosme brosme) USK

Whiting (Merlangus merlangus) WHG

Yellowtail flounder (Limanda ferruginea) YEL

6. codes to be used to indicate the relevant area.

711.

02A. ICES division IIa - Norwegian Sea


712.

02B. ICES division IIb - Spitzbergen and Bear Island


713.

03A. ICES division IIIa - Skagerrak and Kattegat


714.

03B. ICES division IIIb


715.

03C. ICES division IIIc


716.

03D. ICES division IIId - Baltic Sea


717.

04A. ICES division IVa - Northern North Sea


718.

04B. ICES division IVb - Central North Sea


719.

04C. ICES division IVc - Southern North Sea


720.

05A. ICES division Va - Iceland Grounds


721.

05B. ICES division Vb - Faroes Grounds


722.

06A. ICES division VIa - Northwest coast of Scotland and North Ireland


723.

06B. ICES division VIb - Rockall


724.

07A. ICES division VIIa - Irish Sea


725.

07B. ICES division VIIb - West of Ireland


726.

07C. ICES division VIIc - Porcupine Bank


727.

07D. ICES division VIId - Eastern Channel


728.

07E. ICES division VIIe - Western English Channel


729.

07F. ICES division VIIf - Bristol Channel


730.

07G. ICES division VIIg - Celtic Sea North


731.

07H. ICES division VIIh - Celtic Sea South


732.

07J. ICES division VIIj - South-West of Ireland - East


733.

07K. ICES division VIIk - South-West of Ireland - West


734.

08A. ICES division VIIIa- Bay of Biscay - North


735.

08B. ICES division VIIIb - Bay of Biscay - Central


736.

08C. ICES division VIIIc - Bay of Biscay - South


737.

08D. ICES division VIIId - Bay of Biscay - Offshore


08E. ICES division VIIIe - Bay of Biscay – West Bay

738.

09A. ICES division IXa - Portuguese waters - East


739.

09B. ICES division IXb - Portuguese waters - West


740.

14A. ICES division XIVa - North-East Greenland


741.

14B. ICES division XIVb - South-East Greenland


7. in addition to the provisions laid down in points 1 to 6 the following provisions shall apply to Third-Country vessels intending to fish for blue whiting in Community waters:

(c) Vessels that already have catch on board may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. At least four hours prior to entering Community waters the master of the vessel shall notify as appropriate one of the following Fisheries Monitoring Centres:

(i) UK (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+44 131 271 9700), or

(ii) Ireland (Haulbowline) by e-mail at the following address: nscstaff@eircom.net or by telephone (+353 87 236 5998).

The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the position (longitude/latitude) where the master estimates that the vessel will enter Community waters as well as the area where he intends to commence fishing. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated.

Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified circumstances require a master to present his vessel for inspection in port.

(d) Vessels that enter Community waters with no catch on board shall be exempt from the requirements laid down in point a).

(e) By way of derogation from the provisions of point 1.2, the fishing trip shall be considered as being terminated when the vessel leaves Community waters or enters a Community port where its catch is fully discharged.

Vessels shall only leave Community waters after passing through one of the following control routes:

742.

A. ICES rectangle 48 E2 in zone VIa


B. ICES rectangle 46 E6 in zoneIVa

C. ICES rectangles 48 E8, 49 E8 or 50 E8 in zone IVa.

The master of the vessel shall give at least four hours prior notification of entering one of the afore mentioned control routes to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in point 1. The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control route through which the vessel intends to pass.

The vessel shall not leave the area within the control route until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves Community waters.

Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified circumstances require a master to present his vessel for inspection in the ports of Lerwick or Scrabster.

(f) Vessels that transit through Community waters must stow their nets so that they may not readily be used in accordance with the following conditions:

(i) nets, weights and similar gear shall be disconnected from their trawl boards and towing and hauling wires and ropes,

(ii) nets which are on or above deck shall be securely lashed to some part of the superstructure.


743.

ANNEX VII


CLOSED AREA IN NAFO DIVISION 3O

In NAFO Division 3O the following area shall be closed to all fishing activity involving bottom contact gear:

[afbeelding - zie origineel document]

[afbeelding - zie origineel document]

[afbeelding - zie origineel document]

[afbeelding - zie origineel document]


744.

ANNEX VIII


PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA

Target species Zone Period of prohibition

Sharks (all species) Convention Area All year

Notothenia rossii FAO 48.1 Antarctic, in the Peninsula AreaFAO 48.2 Antarctic, around the South OrkneysFAO 48.3 Antarctic, around South Georgia All year

Finfish FAO 48.1 Antarctic(1)FAO 48.2 Antarctic i All year

745.

Gobionotothen gibberifronsChaenocephalus aceratusPseudochaenichthys georgianusLepidonotothen squamifronsPatagonotothen guntheri FAO 48. All year


Dissostichus spp FAO 48.5 Antarctic 1.12.2006 to 30.11.

Dissostichus spp FAO 88.3 Antarctic(1)FAO 58.5.1 Antarctic i (2) FAO 58.5.2 Antarctic east of 79°20'E and outside the EEZ to the west of 79°20'E(1)FAO 88.2 Antarctic north of 65°S(1)FAO 58.4.4 Antarctic(1)FAO 58.6 Antarctic(1)FAO 58.7 Antarctic i All year

Lepidonotothen squamifrons FAO 58.4.4 i All year

All species except Champsocephalus gunnari and Dissostichus eleginoides FAO 58.5.2 Antarctic 1.12.2006 to 30.11.

Dissostichus mawsoni FAO 48.4 Antarctic i All year

Except for scientific research purposes.(2) Excluding waters subject to national jurisdiction (EEZs).


746.

ANNEX IX


CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2006/07

Subarea/ Division Region Season SSRU Dissotichus spp. Catch Limit (tonnes) By-catch Catch Limit (tonnes)

| Skates and rays Macrourus spp. Other species

48. All Division 1.12.2006 to 30.11. 455 T north of 60° S455 T south of 60° S All division All division All division

58.4. All Division 1.12.2006 to 30.11. ABCDEFGHTotal Subarea All Division: All Division: All Division:

58.4. All Division 1.12.2006 to 30.11. ABCDETotal Subarea All Division: All Division: All Division:

58.4.3a) All Division outside Areas of National Jurisdiction 1.05.2007 to 31.08. N/A All Division: All Division: All Division:

58.4.3b) All Division outside Areas of National Jurisdiction 1.05.2007 to 31.08. N/A All Division: All Division: All Division:

88. All Subarea 1.12.2006 to 31.08. AB, C, GDEFH, I, KJLTotal Subarea 0356(1)0001 936(1)564(1)176(1)3 032 i 050(1)00097(1)50(1)50(1)150 i 057(1)000310(1)90(1)28(1)484 i 060(1)00060(1)20(1)20(1)

88. All Subarea 1.12.2006 to 31.08. ABC, D, F, GETotal Subarea 00206(1)341(1)547 i 0050(1)50(1)50 i 0033(1)55(1)88 i 0020(1)20(1)

Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea:– Skates and rays: 5% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest– Macrourus spp.: 16% of the catch limit for Dissostichus spp.– Other species: 20 tonnes per SSRU.

.

747.

ANNEX X


PART I

Port State control forms

PORT STATE CONTROL FORM – PSC 1PART A: To be completed by the master of the vessel

748.

Name of vessel IMO Number Radio Call Sign Flag State


|

749.

Inmarsat Number Telefax Number Telephone Number E-mail address


|

750.

Port of landing or transhipment Estimated Time of Arrival


Date: Time (UTC):

751.

Total catch on board Catch to be landed


Species Product ICES area of catch Product weight (kg) Species Product ICES area of catch Product weight (kg)

|

752.

PART B: For official use only - to be completed by the Flag State


The Flag State of the vessel must respond to the following questions by marking in the 'Yes' or 'No' Yes No

753.

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared


b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable

c) The fishing vessel declared to have caught he fish had authorisation to fish in the area declared

d) the presence of the fishing vessel in the area of catch declared has been verified according to VMS data

Flag State confirmationI confirm that the above information is complete, true and correct to best of my knowledge and belief.

754.

Name and title Date Signature Official Stamp


PART C: For official use only - to be completed by the Port State

Name of Port State Authorisation given Date Signature Stamp

Yes…………No………….

1. Fishing vessels not assigned an IMO (International Maritime Organisation) number shall provide their external registration number2. If necessary an additional form or forms shall be used3. FAO 3-alpha Species Codes 4. Product presentations – Appendix 1 to this Annex

PORT STATE CONTROL FORM – PSC 21PART A: To be completed by the master of the vessel

755.

Name of vessel IMO Number Radio Call Sign Flag State


|

756.

Inmarsat Number Telefax Number Telephone Number E-mail address


|

757.

Port of landing or transhipment Estimated Time of Arrival


Date: Time (UTC):

758.

Catch information for donor vessels


Name of vessel IMO Number Radio Call Sign Flag State

|

759.

Total catch on board Catch to be landed


Species Product ICES area of catch Product weight (kg) Species Product ICES area of catch Product weight (kg)

|

760.

PART B: For official use only - to be completed by the Flag State


The Flag State of the vessel must respond to the following questions by marking in the 'Yes' or 'No' Yes No

761.

a) The fishing vessel declared to have caught the fish had sufficient quota for the species declared


b) The quantities on board have been duly reported and taken into account for the calculation of any catch or effort limitations that may be applicable

c) The fishing vessel declared to have caught he fish had authorisation to fish in the area declared

d) the presence of the fishing vessel in the area of catch declared has been verified according to VMS data

Flag State confirmationI confirm that the above information is complete, true and correct to best of my knowledge and belief.

762.

Name and title Date Signature Official Stamp


PART C: For official use only - to be completed by the Port State

Name of Port State Authorisation given Date Signature Stamp

Yes …………..No……………

1 A separate form shall be completed for each donor vessel.

2 Fishing vessels not assigned an IMO number shall provide their external registration number.

3 If necessary an additional form or forms shall be used.

763.

4 FAO 3-alpha Species Codes


764.

5 Product presentations as set out in Appendix 1 to this Annex


PART II

Report on Port State Control inspection (PSC 3)1

A. INSPECTION REFERENCE

Port State Port of landing or transhipment

|

765.

Vessel name Flag State IMO Number Int. Radio call sign


|

766.

Landing/transhipment started Date Time


|

767.

Landing/transhipment ended Date Time


|

768.

B. INSPECTION DETAILS


Name of donor vessel IMO Number Radio call sign Flag State

|

769.

B1. Fish landed or transhipped


Species Product ICES Area of catch Product weight in kg Diff. (kg) between Product weight and PSC 1 or Diff. (%) between Product weight and PSC 1 or

|

|

770.

B2. Information about landings authorised without confirmation from the flag State


Name of storage, name of competent authorities, deadline for receiving confirmation.

|

771.

B3. Fish retained on board


Species Product ICES Area of catch Product weight in kg Diff. (kg) between Product weight and PSC 1or Diff. (%) between Product weight and PSC 1or

|

|

772.

C. results of inspection


Inspection started Date Time

Inspection ended Date Time

Observations

|

773.

Infringements noted


Article Cite NEAFC provision(s) violated and summarise pertinent facts

|

774.

Inspectors name Inspectors signature Date and place


|

775.

D. Observations By the master


I, the undersigned, Master of the vessel hereby confirm that a copy of this report have been delivered to me on this date. My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.Signature: _____________________________ Date : ____________________________________

776.

e. distribution


Copy to flag State Copy to NEAFC Secretary

|

1 In case where a vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel.2 Fishing vessels not assigned an IMO number shall provide their external registration number.3 FAO 3-alpha Species Codes. 4 Product presentations as set out in Appendix to this Annex.5 In case of infringements related to fish caught in the NEAFC Convention Area a reference should be made to the relevant article of the NEAFC Scheme of Control and Enforcement adopted on 17 November 2006.

777.

Appendix 1 to Annex X


Products and packing

A. Product form codes

Code Product form

A Round – Frozen

B Round – Frozen (Cooked)

778.

C Gutted Head on - Frozen


D Gutted Head Off - Frozen

E Gutted Head Off – Trimmed - Frozen

779.

F Skinless Fillets - Frozen


G Skin on Fillets - Frozen

H Salted Fish

I Pickled Fish

J Canned Products

K Oil

L Meal Produced from Round Fish

M Meal Produced from Offal

N Other (Specify)

B. Type of packing

Code Type

CRT Cartons

BOX Boxes

BGS Bags

BLC Blocks

Annex XI

PART I

SEAFO transhipment declaration

Name of vessel and radioCall sign if any: External identification:SEAFO number: In case of transhipmentName and/or call sign,external identification and nationalityof recipient vessel:

|

Day Month Hour Year Agent's name: Master's name:

|

780.

Departure from


|

Return to Signature: Signature:

|

781.

Transhipment


Indicate the weight in kilograms or the unit used (e.g. box, basket) and the landed weight in kilograms of this unit: __________ kilograms i (2)

Species Port of Transhipment i Presentation i Presentation i Presentation i Presentation i Presentation i Presentation i Presentation i Presentation i Presentation i Presentation i

782.

Name of Port, Country Whole Gutted Head off Filleted


|

|

|

|

|

|

|

Give the unit of weight used (e.g. basket, box, etc.) for landing fish and the weight of the unit in kilograms. This unit may be different from that used in the logbook.(2) Give the weight or quantities actually trans-shipped for all species covered by the SEAFO Convention. The weight should correspond to the weight of fish as landed, i.e. after any processing on board.(3) Name of Port, Country refers to the port and country in which the transhipment will take place.(4) “Presentation” means the way fish has been processed. Indicate the nature of this processing if any: GUT for gutting, HEAD for heading, FILLET for filleting, etc. Where no processing has taken place, WHOLE for whole fish.

783.

TRANSHIPMENT DECLARATION


General rule

In the case of transhipment, the master of the fishing vessel shall enter the quantities on the transhipment declaration. A copy of the transhipment declaration shall be handed to the master of the recipient vessel.

Procedure for completion

(a) Entries on transhipment declaration shall be legible and indelible.

(b) No entry on the transhipment declaration may be erased or altered. If a mistake is made, the incorrect entry shall be struck out with a line and followed by a new entry initialled by the master or his agent.

(c) One transhipment declaration should be completed for each transhipment operations.

(d) Each page of the transhipment declaration shall be signed by the master.

Responsibilities of the master in respect of the landing declaration and the transhipment declaration

The master of the vessel shall certify with his initials and signature that the estimated quantities entered on the transhipment declaration are reasonable. The copies of the transhipment declaration must be kept for one year.

Information to be provided

The estimates of the quantities trans-shipped are to be indicated on the SEAFO transhipment declaration form, as specified in the footnotes to this form, for each species, and in respect of a particular voyage

Procedure of transmission

(a) In the case of transhipment to a vessel flying the flag of a Contracting Party State or registered in a Contracting Party, the first copy of the transhipment declaration shall be handed over to the master of the recipient vessel. The original shall be handed over or dispatched, as the case may be, to the authorities of the Contracting Party whose flag the vessel is flying or in which it is registered, within 48 hours of completion of landing or on arrival in port.

(b) In the case of transhipment to a vessel flying the flag of a non-member country, the original document shall be handed over or sent, as the case may be, as soon as possible to the Contracting Party whose flag the fishing vessel is flying or in which it is registered.

(c) In cases where it is impossible for the master to dispatch the original of the transhipment declarations to the authorities of the Contracting Party whose flag the vessel is flying or in which it is registered within the time limits specified, the information required in respect of the declaration shall be transmitted by radio or by other means to the authorities concerned.

The information shall be transmitted via the radio stations usually used, preceded by the name, the call sing and external identification of the vessel, and the name of its master.

In cases where it is not possible for the message to be transmitted by the vessel, it may be transmitted on the vessel’s behalf by another vessel or by any other method.

The master shall ensure that information transmitted to radio stations is passed on in writing to the relevant authorities.

784.

PART II


Guidelines for Design and Deployment of Tori Lines

1. These guidelines are designed to assist in the preparation and implementation of tori line regulations for longline fishing vessels. While these guidelines are relatively explicit, improvement in tori line effectiveness through experimentation is encouraged. The guidelines take into account environmental and operational variables such as weather conditions, setting speed and ship size, all of which influence tori line performance and design in protecting baits from birds. Tori line design and use may change to take account of these variables provided that line performance is not compromised. Ongoing improvement in tori line design is envisaged and consequently review of these guidelines should be undertaken in the future.

785.

2. Tori Line Design


2.1. It is recommended that a tori line 150 m in length be used. The diameter of the section of the line in the water may be greater than that of the line above water. This increases drag and hence reduces the need for greater line length and takes account of setting speeds and length of time taken for baits to sink. The section above water should be a string fine line (e;g. about 3 mm diameter) of a conspicuous colour such as red or orange.

2.2. The above water section of the line should be sufficiently light that its movement is unpredictable to avoid habituation by birds and sufficiently heavy to avoid deflection of the line by wind.

2.3. The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line.

2.4. The streamers should be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong fine line sheathed in red polyurethane tubing) suspended from a robust three-way swivel (that again reduces tangles) attached to the tori line, and should hang just clear of the water.

2.5. There should be a maximum of 5-7 m between each streamer. Ideally each streamer should be paired.

2.6. Each streamer pair should be detachable by means of a clip so that line stowage is more efficient.

2.7. The number of streamers should be adjusted for the setting speed of the vessel, with more streamers necessary at slower setting speeds. Three pairs are appropriate for a setting speed of 10 knots.

786.

3. Deployment of Tori Lines


3.1. The line should be suspended from a pole affixed to the vessel. The tori pole should be set as high as possible so that the line protects bait a good distance astern of the vessel and will not tangle with the fishing gear. Grater pole height provides greater bait protection. For example, a height of around 6 m above the water line can give about 100 m of bait protection.

3.2. The tori line should be set so that streamers pass over baited hooks in the water.

3.3. Deployment of multiple tori lines is encouraged to provide even greater protections of baits from birds.

3.4. Because there is the potential for line breakage and tangling, spare tori lines should be carried on board to replace damaged lines and to ensure fishing operations can continue uninterrupted.

3.5. When fishers use a bait casting machine (BCM) they must ensure co-ordination of the tori line and machine by:

a) ensuring the BCM throws directly under the tori line protection and;

b) when using a BCM that allows throwing to port and starboard, ensure that two tori lines are used.

3.6. Fishermen are encouraged to install manual, electric of hydraulic winches to improve ease of deployment and retrieval of tori lines.


787.

ANNEX XII


Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic

1. The 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 (the Convention) that have been sighted engaging in fishing activities in the NEAFC Regulatory 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:

(a) vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and any other matter relating to the vessel's activities in the Regulatory Area of the Convention. Information on the result of the inspections shall immediately be transmitted to the Commission;

(b) fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State shall not in any way assist the vessels or participate in any transhipment or joint fishing operations with the vessels;

(c) the vessels shall not be supplied in ports with provisions, fuel or other services.

2. 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) are listed in Appendix 1 to this Annex. In addition to the measures referred to in point 1.1 the following measures shall apply to these vessels:

(a) IUU vessels shall be prohibited to enter a Community port;

(b) IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

(c) imports of fish coming from IUU vessels shall be prohibited;

(d) Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels.

3. The Appendix to this Annex shall also apply in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO) in application of Article 69 of Council Regulation No (EC) xxxx/2007 i.

4. The Commission shall amend the list of IUU vessels to be in accordance with the NEAFC IUU list as soon as NEAFC adopts a new IUU list.

788.

Appendix to Annex XII


List of vessels with the following IMO numbers that have been confirmed by NEAFC and NAFO as having engaged in illegal, unreported and unregulated fisheries

IMO1 ship identification number Vessel’s name Flag State

789.

CARMEN Georgia


CEFEY Ex Panama

DOLPHIN Georgia

EVA Georgia

FONTE NOVA Panama

GRAN SOL Panama

IANNIS I Panama

ICE BAY Cambodia

ISABELLA Georgia

JUANITA Georgia

KABOU Guinea Conakry

KERGUELEN Guinea Conakry

MURTOSA Togo

PAVLOVSK Georgia

POLESTAR Panama

ROSITA Georgia

SANTA NIKOLAS Honduras

SUNNY JANE

THORGULL Bahamas

ULLA Georgia

790.

1 International Maritime Organisation


2. Any changes of names and flags and additional information on the vessels are available on the NEAFC website: www.neafc.org’
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