Considerations on COM(2008)585 - Amendment of Regulation (EC) No 40/2008, as regards management measures adopted in the Indian Ocean Tuna Commission and in the South Pacific Regional Fisheries Management Organisation

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table>(1)Council Regulation (EC) No 40/2008 (2) fixes 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.
(2)At its annual meetings in 2006 and 2007, the Indian Ocean Tuna Commission (IOTC) adopted a number of management and control measures, concerning the limitation of fishing capacity of vessels fishing for tropical tunas and those fishing for swordfish and albacore; these measures which have been implemented in Community law by Regulation (EC) No 40/2008.

(3)To ensure a sustainable exploitation of the highly migratory species in the Indian Ocean and taking into account the historical fishing patterns and the active presence of the EC fleet fishing for highly migratory species in the IOTC area during the reference years 2006 and 2007, it is appropriate to establish the number of Community vessels of 24 m in overall length or more and those of less than 24 m operating outside the exclusive economic zone fishing for tropical tuna, and the number of Community vessels fishing for swordfish and albacore, as well as the corresponding capacity in gross tonnage and the allocation among the Member States concerned.

(4)Regulation (EC) No 40/2008 should therefore be amended accordingly,