Council Regulation (EC) No 2555/2001
of 18 December 2001
fixing for 2002 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 limitations in catch are required
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(1), and in particular Article 8(4) thereof,
Having regard to Council Regulation (EC) No 66/98 of 18 December 1997 laying down certain conservation and control measures applicable to fishing activities in the Antarctic and repealing Regulation (EC) No 2113/96(2), and in particular Article 21 thereof,
Having regard to the 1994 Act of Accession, and in particular Articles 121 and 122 thereof,
Having regard to the proposal of the Commission,
Whereas:
(1) Article 4 of Regulation (EEC) No 3760/92 requires the Council to adopt, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and responsible exploitation of resources on a sustainable basis.
(2) Under the terms of Article 8(4) of Regulation (EEC) No 3760/92, it is incumbent upon the Council, in accordance with Article 4 of that Regulation, 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 Article 8(4)(ii) and (vi) of that Regulation.
(3) In order to ensure effective management of these TACs and quotas, the specific conditions under which fishing operations occur should be established.
(4) It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag.
(5) In accordance with the provisions laid down in 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(3), it is necessary to indicate which stocks are subject to the various measures fixed therein.
(6) In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with the Kingdom of Norway(4), the Government of Denmark and the Home government of the Faroe Islands(5) and the Home Rule Government of Greenland(6), the Republic of Iceland(7), the Republic of Latvia(8) and the Republic of Lithuania(9).
(7) Pursuant to Article 122 of the 1994 Act of Accession, the conditions under which allocations made within the framework of the Accession of Austria, Finland and Sweden can be fished will remain identical to those applicable immediately prior to the entry into force of the 1994 Accession Treaty.
(8) Pursuant to Article 124 of the 1994 Act of Accession, fisheries agreements concluded by the Kingdom of Sweden and the Republic of Finland with third countries are managed by the Community. In accordance with these agreements, the Community has held consultations with the Republic of Poland and with the Russian Federation.
(9) The Community is a Contracting Party to several regional fisheries organisations. These fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species, these recommendations should therefore be implemented by the Community.
(10) The execution of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(10), Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean(11), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits(12), Regulation (EC) No 66/98, Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound(13) and 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(14).
(11) The duration of the application of certain provisions is limited in order to enable the Commission to adopt detailed rules implementing Article 28c of Regulation (EEC) No 2847/93.
(12) In 2001, the Commission has adopted measures for the recovery of the stocks of cod and northern hake, respectively in the Regulations (EC) No 2056/2001(15) and No 1162/2001(16), and has presented a proposal for a Regulation containing recovery plans for these stocks. It is therefore necessary to ensure that the TACs for 2002 on these stocks and associated ones are consistent with the recovery plans.
(13) Other stocks have also been identified by ICES as necessitating recovery plans. For these stocks, TACs for 2002 should correspond to recovery strategies.
(14) In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2002.
(15) In order to comply with international obligations undertaken by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), and accordingly the obligation to apply the measures adopted by the CCAMLR Commission, the relevant dates of application are those corresponding to the beginning of the respective periods of application of the TACs as specified in Annex IG.
(16) In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2002. Given the urgency of the matter, it is imperative to grant an exception to the six-week period mentioned in paragraph I(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:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
1. This Regulation fixes for 2002, for certain fish stocks and groups of fish stocks, fishing opportunities applicable to:
(i) vessels flying the flag and registered in Member States, hereinafter "Community vessels" or "EC vessels" in zones where catch limitations are required; and
(ii) vessels flying the flag and registered in third countries, hereinafter "third country vessels" in waters falling within the sovereignty or jurisdiction of Member States, hereinafter "Community waters" or "EC waters";
and the specific conditions under which these fishing opportunities may be utilised.
However, for certain Antarctic stocks, fishing opportunities are fixed for the period specified in Annex IG.
2. For the purposes of this Regulation, fishing opportunities shall take the form of:
(a) TACs or the number of vessels authorised to fish and/or the duration of these authorisations;
(b) shares of the TACs available to the Community;
(c) quotas allocated to the Community in third countries' waters;
(d) allocation of Community fishing opportunities under (b) and (c) to Member States in the form of quotas;
(e) allocation to third countries of quotas to be fished in Community waters.
Article 2
1. The definitions of ICES(17), CECAF(18) (Eastern Central Atlantic or FAO major fishing zone 34) NAFO(19) and CCAMLR(20) zones are those given, respectively, in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic(21), 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(22), 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(23) and Regulation (EC) No 66/98.
2. For the purposes of this Regulation, the following definitions shall apply:
(a) International waters shall be those falling outside the sovereignty or jurisdiction of any State;
(b) NAFO Regulatory Area shall be the part of the area of the NAFO Convention not falling under the sovereignty or within the jurisdiction of coastal States;
(c) The Skagerrak shall be 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;
(d) The Kattegat shall be 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;
(e) The North Sea shall comprise ICES Sub-area IV and that part of ICES Division IIIa which is not covered by the definition of the Skagerrak given in point (c);
(f) Management Unit 3 shall comprise ICES Sub-divisions 30 and 31 and the part of Sub-division 29 situated north of 59° 30' N.
CHAPTER II
FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS
Article 3
1. Fishing opportunities for Community vessels in Community waters or in certain non-Community waters are hereby fixed as set out in Annexes I and II.
2. Community vessels are hereby authorised to make catches, within the quota limits set out in the Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland, Lithuania, Latvia, Norway and the fishing zone around Jan Mayen, and the Russian Federation, subject to the conditions stipulated under Articles 7 and 12.
3.
TABLE
This contribution shall be payable to accounts designated by the authorities of the States concerned.
Article 4
The allocation of fishing opportunities among Member States shall be without prejudice to:
(a) exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92;
(b) reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;
(c) additional landings allowed under the stipulations of 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.
Article 5
Quota flexibility
The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which the year-to-year flexibility conditions stipulated in Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which the penalty coefficients provided for in Article 5(2) of the same Regulation shall apply, are fixed for 2002 in Annex III.
Article 6
Conditions for landing catch and by-catch
1. Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless:
(i) the catches have been taken by vessels of a Member State or a third country having a quota and that quota is not exhausted; or
(ii) where the Community share of the TAC has not been allocated by quota among Member States, it has not been exhausted; or
(iii) for all species other than herring and mackerel, where they are mixed with other species, the catches have been taken with nets whose mesh size is less than 32 millimetres in accordance with Article 4 of Regulation (EC) No 850/98, and are not sorted either on board or on landing; or
(iv) for herring, catches comply with the provisions set out in Article 2 of Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for purposes other than direct human consumption(24); or
(v) for mackerel, where they are mixed with horse mackerel or pilchard, the mackerel does not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board, and the catches are not sorted; or
(vi) catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98.
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 (iii), (iv), (v) and (vi).
2. Notwithstanding paragraph 1, when any of the fishing opportunities indicated in Annex II are exhausted, it shall be prohibited for vessels operating within the fisheries to which the relevant catch limitations apply to land catches which are unsorted and which contain herring.
3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 4 of Regulation (EC) No 850/98.
Article 7
Access limits
1. 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 4 miles from the baselines of Norway.
2. Fishing by Community vessels in waters under the jurisdiction of Iceland shall be limited to the area defined by straight lines sequentially connecting the following coordinates:South Western Area
1. 63°12'N and 23°05'W through 62°00'N and 26°00'W
2. 62°58'N and 22°25'W
3. 63°06'N and 21°30'W
4. 63°03'N and 21°00'W from there 180°00'S;
South Eastern Area
1. 63°14'N and 10°40'W
2. 63°14'N and 11°23'W
3. 63°35'N and 12°21'W
4. 64°00'N and 12°30'W
5. 63°53'N and 13°30'W
6. 63°36'N and 14°30'W
7. 63°10'N and 17°00'W from there 180°00'S.
Article 8
Special conditions for North Sea herring
The measures set out in Annex IV shall apply with regard to the capture, sorting and landing of herring taken from the North Sea, the Skagerrak and the Kattegat.
Article 9
Other technical and control measures
The technical measures set out in Annex V shall apply in 2002 in addition to those set out in Regulation (EC) No 850/98, Regulation (EC) No 88/98, Regulation (EC) No 1626/94 and Regulation (EC) No 973/2001.
CHAPTER III
FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR THIRD COUNTRY VESSELS
Article 10
Vessels flying the flag of Barbados, Guyana, Japan, South Korea, Lithuania, Latvia, Norway, Poland, the Russian Federation, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands are hereby authorised to make catches, within the quota limits set out in Annex I, in Community waters, and subject to the conditions stipulated under Articles 11 and 13.
Article 11
Without prejudice to access restrictions stated in Community law, fishing by vessels flying the flag of:
(i) 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 the North Sea, Kattegat, Baltic Sea and Atlantic Ocean north of 43°00'N; fishing in the Skagerrak by vessels flying the flag of Norway shall be allowed seawards of four nautical miles from the baselines of Denmark and Sweden;
(ii) Latvia and Lithuania 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 the Baltic Sea south of 59°30'N;
(iii) Poland or the Russian Federation shall be limited to those parts of the Swedish part of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of Sweden in the Baltic Sea south of 59°30'N;
(iv) Barbados, Guyana, Japan, South Korea, Suriname, Trinidad and Tobago, and Venezuela shall be limited to those parts of the 200-nautical-mile zone lying seawards of 12 nautical miles from the baselines of the French Department of Guyana.
CHAPTER IV
LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS
Article 12
1. Notwithstanding the general rules on fishing licenses and special fishing permits provided for in Regulation (EC) No 1627/94, fishing in waters of third countries shall be subject to the holding of a licence issued by the authorities of the third country. However, these provisions shall not apply, when fishing in Norwegian waters of the North Sea, to:
(a) vessels of a tonnage equal to or less than 200 GT;
(b) vessels carrying out fisheries for human consumption for species other than mackerel;
(c) Swedish vessels, in line with established practice.
2. The maximum number of licences and other associated conditions is hereby fixed as set out in Annex VI. Requests for licences shall indicate the types of fishing and the name and characteristics of the vessels for which licenses 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.
3. Community vessels shall comply with the conservation and control measures and all other provisions governing the zone in which they operate.
4. Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species on condition of prior notification of the change to the Faroese authorities.
CHAPTER V
LICENSING ARRANGEMENTS FOR THIRD COUNTRY VESSELS
Article 13
1. Notwithstanding Article 28b of Regulation (EC) No 2847/93 Norwegian vessels of less than 200 GT are exempted from the obligation to have a license and a fishing permit.
2. An application for a licence and special fishing permit from an authority of a third country to the Commission 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 required.
3. The licence and special fishing permit shall be kept on board. Vessels registered in the Faroe Islands or Norway shall be exempted from that obligation.
4. The granting of licences to fish in the waters of the French Department of Guyana shall be subject to the undertaking by the owner of the vessel concerned to permit an observer to come on board at the Commission's request.
5. The number of licences and special associated conditions is hereby fixed as set out in Annex VI, Part II.
6. Vessels from third countries authorised to fish on 31 December 2001 may continue to fish as from the beginning of the year 2002 until the list of vessels authorised to fish is submitted to and approved by the Commission.
7. 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 before 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.
8. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the quota for the stock in question fixed in Annex I has been exhausted.
9. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.
10. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for any vessel in respect of which the obligations laid down in this Regulation have not been met.
11. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the vessels which shall 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.
Article 14
1. Third country vessels shall comply with the conservation and control measures and other provisions governing fishing of Community vessels in the zone in which they operate, in particular Regulations (EEC) No 2847/93, (EC) No 1627/94, No 88/98, No 850/98 and Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels(25).
2. The master of each vessel in possession of a licence for finfish or tuna fishing in the waters of the French Department of Guyana shall, on landing the catch after each trip, submit to the French authorities a declaration, for whose accuracy the master alone is responsible, stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be made using the form of which a model appears in Annex VI, Part III.
The French authorities shall take all appropriate measures to verify the accuracy of the declarations, by checking them in particular against the log-book referred to in paragraph 3. The declaration shall be signed by the competent official after it has been verified.
Before the end of each month, the French authorities shall send to the Commission all the declarations relating to the preceding month.
3. The vessels referred to in paragraph 1 shall keep a log-book in which the information set out in Annex VII, Part I shall be entered.
However, the vessels fishing in the waters of the French Department of Guyana, shall keep a log-book corresponding to the model appearing in Annex VII, Part II. A copy of this log-book shall be sent to the Commission within 30 days of the last day of each fishing trip via the French authorities.
4. Third country vessels, except Norwegian vessels fishing in ICES Division IIIa, shall transmit to the Commission, in accordance with the rules laid down in Annex VIII, the information set out in that Annex.
If, for a period of one month, the Commission receives no communication concerning a vessel in possession of a licence to fish in waters of the French Department of Guyana, the licence of that vessel shall be withdrawn.
CHAPTER VI
SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN AREAS COVERED BY REGIONAL FISHERIES ORGANISATIONS
AREA OF NAFO
Article 15
Community participation
1. Member States shall forward to the Commission a list of all vessels flying their flag and registered in the Community which intend to take part in the fishing activities in the NAFO Regulatory Area not later than 20 January 2002 or, thereafter, at least 30 days before the intended commencement of such activity. The information forwarded shall include:
(a) name of vessel;
(b) official registration number of the vessel assigned by the competent national authorities;
(c) home port of the vessel;
(d) name of owner or charterer of the vessel;
(e) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;
(f) the principal species fished by the vessel in the NAFO Regulatory Area;
(g) the sub-areas where the vessel may be expected to fish.
2. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall include:
(a) date as from which the vessel has been authorised to fly the flag of the Member State;
(b) date as from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;
(c) name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;
(d) name of the vessel;
(e) official registration number of the vessel assigned by the competent national authorities;
(f) home port of the vessel after the transfer;
(g) name of owner or charterer of the vessel;
(h) a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;
(i) the principal species fished by the vessel in the NAFO Regulatory Area;
(j) the sub-areas where the vessel may be expected to fish.
Article 16
Greenland halibut fishery
Member States shall transmit to the Commission the fishing plan for their vessels fishing for Greenland halibut in the NAFO Regulatory Area not later than 20 January 2002 or, thereafter, at least 30 days before the intended commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in this fishery. The fishing plan shall represent the total fishing effort to be deployed with respect to this fishery in relation to the extent of the fishing opportunities available to the Member State making the notification.
Member States shall, no later than 31 December 2002, report to the Commission on the implementation of their fishing plans, including the number of vessels actually engaged in this fishery and the total number of days fished.
Article 17
Technical measures
1. Mesh sizes
The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the species referred to in Annex IX. This mesh size shall be reduced to 60 mm for direct fishing of short-finned squid.
Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.
2. Attachments to nets
The use of any means or device other than those described in this paragraph which obstructs the meshes of a net or which diminishes their size shall be prohibited.
Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.
Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those mentioned in Annex X.
Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm.
3. By-catches
By-catches of the species listed in Annex IE for which no quotas have been fixed by the Community for a part of the NAFO Regulatory Area and taken in that part when fishing directly for any species may not exceed for each species on board 2500 kg or 10 % by weight of all fish on board, whichever is the greater. However, in a part of the Regulatory Area where directed fishing of certain species is banned, by-catches of each of the species listed in Annex IE may not exceed 1250 kg or 5 % respectively.
Whenever the total amounts of species subject to by-catch limits in any haul exceed the limits laid down above, whichever is applicable, vessels shall immediately change fishing area and move a minimum of five nautical miles away from the previous haul. Whenever the total amounts of species subject to by-catch limits in any future haul exceed the said limits, vessels shall again immediately change fishing area and move a minimum of five nautical miles away from the previous hauls.
For vessels fishing for shrimp (Pandalus borealis), in the event that total by-catches of all species listed in Annex IE in any haul exceed 5 % by weight, vessels shall immediately change fishing area (minimum five nautical miles) in order to seek to avoid further by-catches of this species.
The percentages above are calculated as the percentage by weight, for each species, of the total catch excluding the catch of species subject to by-catch limits and are based on the catch taken by stock area.
Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.
4. Minimum size of fish
Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex XI may not be processed, retained on board, transshipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea. Where the quantity of caught fish not having the required size exceeds in certain fishing waters 10 % of the total quantity, the vessel must move away to a distance of at least five nautical miles before continuing fishing. Any processed fish of a species for which a minimum fish size is set out in Annex XI that is below the relevant size set out in Annex XII, shall be deemed to originate from fish that is below the minimum fish size.
Article 18
Control measures
1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of vessels shall enter in the log-book the information listed in Annex XIII.
2. When fishing directly for one or more of the species listed in Annex IX, vessels may not carry nets the mesh size of which is smaller than that laid down in Article 17(1). However, vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep such nets on board provided these nets are securely lashed and stowed and are not available for immediate use, that is to say:
(a) nets shall be unshackled from their boards and their hauling or trawling cables and ropes; and
(b) nets carried on or above the deck must be lashed securely to a part of the superstructure.
3. The masters of vessels flying the flag of a Member State and registered in the Community shall, in respect of catches of the species listed in Annex IE, keep:
(a) a log-book stating, by species and by processed product, the aggregate output; or
(b) a storage plan of products processed, indicating, by species, where they are located in the hold.
The masters shall provide the necessary assistance to enable the quantities declared in the log-book and the processed products stored on board to be verified.
4. Vessels flying the flag of a Member State and registered in the Community shall not engage in transshipment operations in the NAFO Regulatory Area unless they have received prior authorization to do so from the competent authorities of the Member States whose flag the vessel is flying or in which the vessel is registered.
Article 19
Redfish fishery
1. The masters of vessels flying the flag of a Member State and registered in the Community, fishing for redfish in zone 3M, shall notify every second Monday to the competent authorities of the Member State, whose flag the vessel is flying or in which the vessel is registered, the quantities of redfish caught in zone 3M in the two-week period ending at 12 midnight on the previous Sunday.
2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in Division 3M of the NAFO Regulatory Area by vessels flying the flag of a Member State and registered in the Community.
Article 20
Statistical and scientific data
1. Member States shall provide, for vessels flying their flag and registered in the Community and fishing for yellowtail flounder in Division 3LNO of the NAFO Regulatory Area:
(a) nominal catch and discard statistics, broken down by unit areas no larger than 1° latitude and 1° longitude, based upon the relevant entries in the log-book as provided for by Article 18(1), summarised on a monthly basis;
(b) length sampling for both nominal catches and discards, with a sampling intensity on the same scale as adopted in (a) and summarised on a monthly basis.
2. Member States shall supply, for vessels flying their flag and registered in the Community and conducting redfish and flatfish fisheries on the Flemish Cap:
(a) in addition to the normal reports, statistics on discards of cod, based upon the relevant entries in the log-book as provided for by Article 18(1), summarised on a monthly basis;
(b) length samples of cod for the two fisheries separately, with depth information accompanying each sample, summarised on a monthly basis.
3. Length samples shall be taken from all parts of the respective catch of each species concerned in such a manner that at least one statistically significant sample is taken from the first haul taken each day. The size of a fish shall be measured from the tip of the snout to the end of the tail fin.
Length samples taken as described in the first sub-paragraph shall be deemed to be representative of all catches of the species concerned.
Article 21
Area of CCAMLR
1. Direct fishing of the species set out in Annex XIV shall be prohibited in the zones and during the periods indicated therein.
2. The specific conditions under which the fishing opportunities in the area of CCAMLR may be utilised, are as follows:
(a) if, in the course of directed fishing for Champsocephalus gunnari in Statistical Subarea 48.3, the by-catch in any one haul of any of the species Gobionotothen gibberifrons, Chaenocephalus aceratus, Pseudochaenichthys georgianus, Notothenia rossii or Lepidonotothen squamifrons:
(i) is greater than 100 kg and exceeds 5 % of the total catch of all fish by weight;
or
(ii) is equal to or greater than two tonnes;
then the fishing vessel shall move to another fishing location not closer than five nautical miles away. The fishing vessel shall not return to any point within five nautical miles of the location in which the by-catch exceeded 5 %, for a period of at least five days;
(b) if, in the course of directed fishing for Champsocephalus gunnari in Statistical Subarea 48.3 or Statistical Division 58.5.2, any haul contains more than 100 kg of Champsocephalus gunnari, and more than 10 % of the Champsocephalus gunnari by number are smaller than 24 cm in total length, the fishing vessel shall move to another fishing location not closer than five nautical miles away. It shall not return to any point within five nautical miles of the location in which the catch of Champsocephalus gunnari being smaller than 24 cm in total length exceeded 10 %, for a period of at least five days.
Each vessel operating this fishery during the period 1 March to 31 May 2002 shall conduct twenty research trawls in the manner described in Annex XV;
(c) the fishery for Champsocephalus gunnari in Statistical Subarea 48.3 shall be conducted by vessels with trawls only. The use of bottom trawls in the directed fishery for Champsocephalus gunnari in Statistical Subarea 48.3 is prohibited.
Fishing for Champsocephalus gunnari shall be prohibited within 12 nautical miles of the coast of South Georgia during the period 1 March to 31 May 2002;
(d) if, in the course of directed fishing for Electrona carlsbergi, the by-catch in any one haul of any species other than the target species:
(i) is greater than 100 kg and exceeds 5 % of the total catch of all fish by weight; or
(ii) is equal to or greater than two tonnes;
then the fishing vessel shall move to another fishing location not closer than five nautical miles away. It shall not return to any point within five nautical miles of the location in which the by-catch exceeded 5 %, for a period of at least five days;
(e) if in the course of directed fishing for Dissostichus eleginoides in Statistical Subarea 48.3, the by-catch of any one species is equal or greater than 1 tonne in any haul or set, then the fishing vessel shall move to another fishing location not closer than five nautical miles away. The fishing vessel shall not return to any point within five nautical miles of the location where the by-catch exceeded 1 tonne for a period of at least five days.
(f) if, in the course of directed fishing for Dissostichus eleginoides or Champsocephalus gunnari in Statistical Subarea 58.5.2, the by-catch in any haul of any of the species Lepidonotothen squamifrons or Channichthys rhinoceratus, is equal to or greater than two tonnes, then the fishing vessel shall not fish using the same method of fishing at any point within five nautical miles of the location where the by-catch exceeded two tonnes, for a period of at least five days;
(g) the total number and weight of Dissostichus eleginoides discarded, including those with the jellymeat condition, shall be reported. These fish will count against the total allowable catch;
(h) the crab fishery shall be limited to sexually mature male crabs - all female and undersized male crabs shall be released unharmed. In case of Paralomis spinosissima and Paralomis formosa, males with a minimum carapace width of 94 mm and 90 mm, respectively, may be retained in the catch;
3. The location in which the by-catch - or the catch of small target species mentioned in subparagraph 2(b) - exceeds the rates referred to in paragraph 2 is defined as the course followed by the fishing vessel from the point where the gear was first deployed to the point where it was brought back on board.
CHAPTER VII
FINAL PROVISIONS
Article 22
Pursuant to Regulation (EEC) No 2847/93, data relating to landing of quantities of stocks caught shall be sent by Member States to the Commission on a computerised format by using stock codes set up in Annex XVI.
Article 23
This Regulation shall enter into force on 1 January 2002.
Where the TACs of the CCAMLR area are set for periods starting prior to 1 January 2002, Article 21 shall apply with effect from the beginning of the respective periods of application of the TACs.
Annex VIII shall remain in force only until the date of entry into force of the detailed implementing rules referred to in Article 28(h) of Regulation (EEC) No 2847/93.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 2001.