COUNCIL REGULATION (EC) No 51/2006
of 22 December 2005
fixing for 2006 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 (1), 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 (2), 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 (3), 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 (4), and in particular Article 5 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
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).
(2)
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.
(3)
In order to ensure effective management of the TACs and quotas, the specific conditions under which fishing operations occur should be established.
(4)
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.
(5)
Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.
(6)
In accordance with Article 2 of Regulation (EC) No 847/96 the stocks that are subject to the various measures referred to therein must be identified.
(7)
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 (5), the Faroe Islands (6) and Greenland (7)
(8)
The Community is a contracting party to several regional fisheries organisations. Those fisheries organisations have recommended the setting of catch limitations and other conservation rules for certain species. Such recommendations should therefore be implemented by the Community.
(9)
At its Annual Meeting in June 2005, the Inter-American Tropical Tuna Commission (IATTC) adopted catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna, and technical measures as regards the treatment of by-catches. Although the Community is not a member of the IATTC, it is necessary to implement those measures to ensure sustainable management of the resource under the jurisdiction of that Organisation.
(10)
At its Annual Meeting in 2005, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, the ICCAT adopted a Decision observing that during the year 2004, the Community had under-exploited its quota for several stocks.
(11)
In order to respect the adjustments to the Community quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs.
(12)
Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (8), Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (9), 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 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources (11), Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean (12), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (13), 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 (14), 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 (15), 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 (16), 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 (17), Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (18), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (19), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (20), Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species (21), Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep -sea stocks (22) and Council Regulation (EC) No 2270/2004 of 22 December 2004 fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (23).
(13)
It is necessary, following the advice from the International Council for the Exploration of the Sea (ICES), to apply a temporary system to manage the catch limits of anchovy in Subarea VIII.
(14)
It is necessary, following the advice from the ICES, to apply a temporary system to manage the fishing effort on sandeel in ICES Subarea IV and Division IIIa North.
(15)
Having regard to the scientific knowledge as to the biological status of the blue whiting stock, and following the negotiations between the Coastal States on the management of that stock, it is necessary to modify the management areas while taking into account the specific characteristics of the fisheries concerned.
(16)
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.
(17)
For the adjustment of fishing effort limitations on cod as laid down in Regulation (EC) No 423/2004 alternative arrangements are proposed in order to manage fishing effort consistently with the TAC, as laid down in Article 8(3) of the said Regulation.
(18)
Scientific advice indicates that the stock of North Sea plaice is not fished sustainably and that levels of discards are very high. Scientific advice and advice from the North Sea Regional Advisory Council indicates that it is appropriate to adjust the fishing opportunities in terms of fishing effort of vessels targeting plaice.
(19)
For the stocks of sole in the Western channel, it is necessary to apply a provisional effort management scheme. For the cod stocks in the Kattegat, 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 Divisions VIIIc and IXa, the effort management scheme needs to be adapted.
(20)
Article 2 of Regulation (EC) No 1434/98 does not ensure that the catches of herring are limited to the catch limits fixed for the species. It is therefore necessary to introduce transitional measures ensuring an appropriate monitoring and counting of herring in unsorted landings.
(21)
Current fishing practices when fishing with gillnets in deep waters west of Scotland and Ireland involve the use of gillnets of excessive lengths, leading to excessive soak times and high discard rates. Nets lost or deliberately discarded may continue to fish for a number of years without being retrieved. Scientific investigations have demonstrated that this fishing practice constitutes a serious threat to deep-sea species, and transitional measures to prohibit the fishery should be implemented until more permanent measures are adopted.
(22)
In order to ensure sustainable exploitation of the hake stocks and to reduce discards, the latest developments on selective gears should be implemented as transitional measures in Subdivision VIII a, b, d.
(23)
At its Annual Meeting in 2004, the North East Atlantic Fisheries Commission (NEAFC) adopted a recommendation to restrict fishing within certain areas in order to protect vulnerable deep-sea habitats. This recommendation should be implemented by the Community.
(24)
In order to contribute to the conservation of octopus and in particular to protect the juveniles, it is necessary to establish, in 2006, 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.
(25)
In November 2005 the NEAFC recommended placing 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.
(26)
At the Annual Meeting of the General Fisheries Commission of the Mediterranean (GFCM) in 2005, the GFCM adopted a recommendation on the management of certain fisheries exploiting deep-sea species and a recommendation concerning the establishment of a GFCM record of vessels of over 15 metres authorised to operate in the GFCM area. As the Community is a contracting party to the GFCM, these recommendations are binding on the Community and should therefore be implemented.
(27)
In order to contribute to the conservation of fish stocks, certain supplementary measures on control and technical conditions of fishing should be implemented in 2006.
(28)
Certain provisions should be introduced on the use of VMS data in order to provide for greater efficiency and effectiveness in the monitoring, control and surveillance of effort management.
(29)
In order to ensure that catches of blue whiting by third-country vessels in Community waters are correctly accounted for, it is necessary to strengthen the control provisions for such vessels.
(30)
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.
(31)
At its Annual Meeting in 2004, the ICCAT adopted a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia a new minimum size for bluefin tuna, restrictions on fishing within certain areas and time periods in order to protect bigeye tuna, measures concerning sport and recreational fishing activities in the Mediterranean Sea and the establishment of a sampling programme for the estimation of the size of the caged bluefin tuna. In order to contribute to the conservation of fish stocks it is necessary to implement these measures in 2006 pending the adoption of a regulation amending Regulation (EC) No 973/2001.
(32)
At its Annual Meeting in 2005, the South East Atlantic Fisheries Organisation (SEAFO) adopted a measure to place scientific observers on board all vessels operating in the Convention Area and targeting species not subject to the conservation and management regimes of other competent regional fisheries organisations from 1 January 2006. This measure is binding on the Community and should therefore be implemented.
(33)
At its 27th Annual Meeting of 19 to 23 September 2005, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of technical and control measures. It is necessary to implement these measures.
(34)
In order to comply with international obligations assumed by the Community as a Contracting Party to the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2005-2006 season and the corresponding season limit dates should be applied.
(35)
At its XXIVth annual meeting in 2005, the 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.
(36)
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 27/2005 of 22 December 2004 fixing for 2005 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 (24), it is essential to open these fisheries on 1 January 2006 and maintain in force in January 2006 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 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
Subject matter
This Regulation fixes fishing opportunities for the year 2006, 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 2007, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.
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, this Regulation 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 concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.
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’ means the quantity that can be taken from each stock each year;
(b)
‘quota’ means a fixed 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;
(d)
‘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;
(e)
‘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;
(f)
‘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;
(g)
‘Gulf of Cadiz’ means the area of ICES Subdivision IXa east of longitude 7o23'48"W.
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. If ‘EC waters’ is added to a zone, it means that the zone refers only to EC waters of that zone;
(b)
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 (25);
(c)
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 (26);
(d)
CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 601/2004 .
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 10, 17 and 18.
3. The Commission shall immediately stop fishing activities concerning anchovy in subarea VIII if STECF advises that the spawning stock biomass at spawning time in 2006 is less than 28 000 tonnes.
4. The Commission shall fix the final catch limits for the fisheries on sandeel in ICES Divisions IIa (EC waters), IIIa, and Subarea IV (EC waters) according to the rules laid down in point 6 of Annex IID
5. The Commission shall fix catch limits for capelin in zones V, XIV (Greenland waters) available to the Community at 7,7% of the capelin TAC as soon as the TAC has been established.
6. Catch limits for the stocks of anglerfish in zones IIa (EC waters) and IV (EC waters) and in zones Vb (EC waters), VI, XII, and XIV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 following analysis by the STECF of observed catch-per-unit-effort data collected during the first quarter of 2006.
7. Catch limits for the stock of Norway pout in zones IIa (EC waters), IIIa and IV (EC waters) and for the stock of sprat in zones IIa (EC waters) and IV (EC waters) may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2006.
Article 6
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(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Articles 21(4), 23(1) and 32(2) 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 2007, Article 4(2) of Regulation (EC) No 847/96 shall apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.
Article 7
Fishing effort limits and associated conditions for the management of stocks
1. From 1 February 2006 to 31 January 2007, the fishing effort limitations and associated conditions laid down in:
-
Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, Subarea IV, and ICES Divisions IIa (EC waters), IIIa, VIa, VIIa and VIId;
-
Annex IIB shall apply for the management of hake in ICES Divisions VIIIc and IXa with the exception of Gulf of Cadiz.;
-
Annex IIC shall apply for the management of sole stocks in the ICES Division VIIe;
-
Annex IID shall apply for the management of sandeel stocks in the Skagerrak, ICES Subarea IV and Division IIa (EC waters).
2. For the period 1 January 2006 to 31 January 2006 for the stocks mentioned in paragraph 1, the fishing effort and associated conditions laid down in Annexes IVa, IVb, IVc and V to Regulation (EC) No 27/2005 shall continue to apply.
3. Vessels using gear types identified in point 4 of Annex IIA and in point 3 of Annexes IIB and IIC respectively and fishing in areas defined in point 2 of Annex IIA and in point 1 of Annexes IIB and IIC respectively shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94, as provided for in these Annexes.
4. The Commission shall fix the final fishing effort for 2006 for the fisheries on sandeel in ICES Divisions IIa (EC waters), IIIa, and Subarea IV based on the rules laid down in point 6 of Annex IId.
5. Member States shall ensure that for 2006 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 80% 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 deep-sea species, as listed in Annex I and in point 15 of Annex III 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.
Article 8
Conditions for landing catches and by-catches
1. Fish from stocks for which catch limits are fixed 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. Article 2(1) of Regulation (EC) No 1434/98, shall not apply to herring caught in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId.
4. 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.
5. When catch limits of a Member State for herring in ICES Subareas II (EC waters), IV and Subdivisions IIIa and VIId are exhausted, 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.
6. 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.
Article 9
Unsorted landings in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId
1. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId.
2. Unsorted catches in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 1 is in place.
Article 10
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
Article 11
Transitional technical and control measures
Transitional technical and control measures for Community vessels shall be as set out in Annex III.
CHAPTER III
CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS
Article 12
Transitional technical and control measures
Transitional technical and control measures for third-country fishing vessels shall be as set out in Annex III.
Article 13
Authorisation
Fishing vessels flying the flag of Barbados, Guyana, Japan, South Korea, Norway, Suriname, Trinidad and Tobago and Venezuela 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 14, 15 and 16 and 19 to 25.
Article 14
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 Subarea IV, the Kattegat and the Atlantic Ocean north of 43o00'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 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 Department of French Guyana.
Article 15
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.
Article 16
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.
CHAPTER IV
LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS
Article 17
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:
(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.
Article 18
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.
CHAPTER V
LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS
Article 19
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 2005 may continue to fish as from 1 January 2006 until the list of fishing vessels authorised to fish is submitted to, and approved by, the Commission.
Article 20
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.
Article 21
Number of licences
The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.
Article 22
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.
Article 23
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.
Article 24
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 88/98 (27), (EC) No 850/98, and (EC) No 1434/98.
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 Division IIIa, shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.
Article 25
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. The master of each third-country fishing vessel in possession of a licence for finfish or tuna fishing in the waters of the Department of French Guyana shall, on landing the catch after each trip, submit a declaration to the French authorities stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be in accordance with the model set out in Part III of Annex IV. The master shall be responsible for the accuracy of the declaration. The French authorities shall take all appropriate measures to verify the accuracy of the declarations, by checking them in particular against the logbook referred to in Article 24(2). 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. 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. A copy of this logbook shall be sent to the Commission within 30 days of the last day of each fishing trip, via the French authorities.
4. If, for a period of one month, the Commission receives no communication concerning a third-country fishing vessel in possession of a licence to fish in waters of the Department of French Guyana, the licence of that vessel shall be withdrawn.
CHAPTER VI
SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA
SECTION 1
Community participation
Article 26
List of vessels
1. Only Community vessels of more than 50 gross tonnes which have been issued a special fishing permits by their flag Member State and are included in the NAFO vessel register shall be authorised, on the conditions set out in their permits, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.
2. Each Member State shall inform the Commission in computer readable form, at least 15 days before the new vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward this information promptly to the NAFO Secretariat.
3. The information referred to in paragraph 2 shall include the following:
(a)
the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (28);
(b)
the international radio call sign;
(c)
the vessel charterer, where applicable;
(d)
the vessel type.
4. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall furthermore include:
(a)
the date from which the vessel has been authorised to fly the flag of the Member State;
(b)
the date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;
(c)
the 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)
the name of the vessel;
(e)
the official registration number of the vessel assigned by the competent national authorities;
(f)
the home port of the vessel after the transfer;
(g)
the 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 which can be fished by the vessel in the NAFO Regulatory Area;
(j)
the Subareas where the vessel may be expected to fish.
SECTION 2
Technical measures
Article 27
Mesh sizes
1. 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 groundfish species referred to in Annex VII. This mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid (Illex illecebrosus). For direct fishing of skates (Rajidae) this mesh size shall be increased to a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.
2. Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.
Article 28
Attachments to nets
1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.
2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.
3. 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 listed in Annex VIII.
4. Vessels fishing for shrimp (Pandalus borealis) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum of 72 cm in length as described in Annex IX.
Article 29
By-catches
1. Fishing vessels may not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species is conducted when that species comprises the largest percentage by weight of the catch in any one haul.
2. By-catches of the species 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 2 500 kg or 10 % by weight of the total catch retained on board, whichever is the greater. However, in a part of the NAFO Regulatory Area where directed fishing of certain species is banned or an ‘others’ quota has been fully utilised, by-catches of each of the species listed in Annex ID shall not exceed 1 250 kg or 5 % respectively.
3. Whenever the total amounts of species subject to by-catch limits in any haul exceed the limits laid down in paragraph 2, whichever is applicable, vessels shall immediately move a minimum of five nautical miles from the previous haul position. Whenever the total amounts of species subject to by-catch limits in any subsequent haul exceed those limits, vessels shall again immediately move a minimum of five nautical miles from the previous haul position and shall not return to the area for at least 48 hours.
4. Whenever total by-catches of all species in any haul exceed 5 % by weight in Division 3M and 2,5 % in Division 3L, vessels fishing for shrimp (Pandalus borealis) shall immediately move a minimum of five nautical miles from the position of the previous haul.
5. Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.
Article 30
Minimum size of fish
1. Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex X may not be processed, retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.
2. Where the quantity of caught fish not having the size required as set out in Annex X exceeds 10 % of the total quantity, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent in Annex X, shall be deemed to originate from fish that is below the minimum fish size.
SECTION 3
Control measures
Article 31
Product labelling and separate stowage
1. All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the commonorganisation of the markets in fishery and aquaculture products (29) is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.
2. All shrimp harvested in Division 3L and all Greenland halibut harvested in Subarea 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones.
3. Taking into consideration the legitimate safety and navigational responsibility of the master of the vessel, the following shall apply:
-
catch of the same species shall be stowed clearly separate from catches of other species. All catches taken within the NAFO Regulatory Area shall be stowed separately from catches taken outside this area.
-
catches may be stowed in more than one part of the hold, but in each part of the hold where they are stowed, they shall be kept clearly separate, by the use of plastic, plywood, netting, etc. from catches of other species.
Article 32
Fishing and production logbooks and stowage plan
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 logbook the information listed in Annex XI.
2. Before the 15th of each month, each Member State shall, in computer -readable form, notify the Commission of the quantities of stocks specified in Annex XIII landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.
3. The masters of a Community vessel shall, in respect of catches of the species listed in Annex IC, keep:
(a)
a production logbook stating their cumulative production, by species on board in product weight stated in kilograms;
(b)
a stowage plan that shows the location of the different species in the holds.
4. The production logbook and stowage plan referred to in paragraph 3 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept on board until the vessel has unloaded completely.
5. The master shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified.
6. Every two years Member States shall certify the accuracy of the capacity plans for all Community vessels authorised to fish pursuant to Article 26(1). The master shall ensure that a copy of such certification remains onboard to be shown to an inspector upon request.
Article 33
Carrying of nets
1. When fishing directly for one or more of the species listed in Annex VII, Community vessels shall not carry nets with a mesh size smaller than that laid down in Article 27.
2. However, Community vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep on board nets with a smaller mesh size than that laid down in Article 27 provided they are securely lashed and stowed and are not available for immediate use. Such nets must:
(a)
be unshackled from their boards and their hauling or trawling cables and ropes; and
(b)
if they are carried on or above the deck, be lashed securely to a part of the superstructure.
Article 34
Trans-shipment
1. Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.
2. Community vessels shall not engage in trans-shipment operations of fish from or to a non-contracting party vessel which has been sighted or otherwise identified as having engaged in fishing activities in the NAFO Regulatory Area.
3. Community vessels shall report each trans-shipment in the NAFO Regulatory Area to their competent authorities. Donor vessels shall make that report at least twenty-four hours in advance and receiving vessels not later than one hour after the trans-shipment.
4. The report referred to in paragraph 3 shall include the time, the geographical position, the total round weight by species to be off-loaded or on loaded in kilograms as well as the call sign of vessels involved in the trans-shipment.
5. The receiving vessel shall report, in addition to the total catch on board and the total weight to be landed, the name of the port and the expected time of landing at least 24 hours in advance of any landing.
6. Member States shall promptly transmit the reports referred to in paragraph 3 and 5 to the Commission, which shall promptly forward them to the NAFO Secretariat.
Article 35
Chartering of Community vessels
1. Member States may assent that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. Chartering arrangements involving vessels identified by NAFO or any other Regional fisheries Organisation as having been involved in Illegal, Unreported and Unregulated (IUU) fishing activities shall, however, not be permitted.
2. On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission, which shall forward this information to the Executive Secretary of NAFO:
(a)
its assent to the charter arrangement;
(b)
species covered by the charter and fishing opportunities allocated by the charter contract;
(c)
length of the charter arrangement;
(d)
name of the charterer;
(e)
contracting party which chartered the vessel;
(f)
the action the Member State has taken to ensure that the chartered vessels flying its flag comply with the NAFO conservation and enforcement measures for the duration of the chartering period.
3. When the charter arrangement ends, the flag Member State shall inform the Commission, which shall promptly forward this information to the Executive Secretary of NAFO.
4. The flag Member State shall act to ensure that:
(a)
the vessel is not authorised to fish during the charter period against the fishing opportunities allocated to the flag Member State;
(b)
the vessel is not authorised to fish under more than one charter arrangement during the same period;
(c)
the vessel complies with the NAFO conservation and enforcement measures for the duration of the chartering period;
(d)
all catches and by-catches under notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data.
5. Member States shall report all catches and by-catches as referred to in paragraph 4 (d) to the Commission separately from other national catch data. The Commission shall promptly forward those data to the Executive Secretary of NAFO.
Article 36
Monitoring of fishing effort
1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels is commensurate with the fishing opportunities available to that Member State in the NAFO Regulatory Area.
2. Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2006 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels that will engage in these fisheries and the intended number of fishing days those vessels will spend in the NAFO Regulatory Area.
3. Member States shall, on an indicative basis, inform the Commission of the intended activities of their vessels in other areas.
4. The fishing plan shall represent the total fishing effort to be deployed in the NAFO Regulatory Area in relation to the fishing opportunities available to the Member State making the notification.
5. No later than 31 December 2006, Member States shall report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in the that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division.
SECTION 4
Special requirements for data collection
Article 37
Data collection
1. Member States shall implement, where possible, special requirements for data collection for their vessels fishing in the following areas:
Area
Coordinate 1
Coordinate 2
Coordinate 3
Coordinate 4
Orphan Knoll
50.00.30
47.00.30
51.00.30
45.00.30
51.00.30
47.00.30
50.00.30
45.00.30
Corner
Seamounts
35.00.00
48.00.00
36.00.00
48.00.00
36.00.00
52.00.00
35.00.00
52.00.00
Newfoundland
Seamounts
43.29.00
43.20.00
44.00.00
43.20.00
44.00.00
46.40.00
43.29.00
46.40.00
New England
Seamounts
35.00.00
57.00.00
39.00.00
57.00.00
39.00.00
64.00.00
35.00.00
64.00.00
2. Data to be collected in accordance with paragraph 1 shall be collected on a set-by-set basis and should, to the extent possible, include:
(a)
Species composition in numbers and weight;
(b)
Length frequencies;
(c)
Otoliths;
(d)
Set location, latitudes and longitudes;
(e)
Fishing gear;
(f)
Depth fished;
(g)
Time of day;
(h)
Duration of set;
(i)
Tow opened (for mobile gear);
(j)
Other biological sampling, such as concerning maturity where possible.
3. The data collected in accordance with paragraph 1 shall be reported to the competent authorities of Member States for onward transmission to the NAFO Secretariat as soon as possible after the end of each fishing trip.
SECTION 5
Special provisions for Northern prawns
Article 38
Northern prawn fisheries
Each Member State shall report to the Commission daily on the quantities of Northern prawns (Pandalus borealis) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place at depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.
SECTION 6
Special provisions for redfish
Article 39
Redfish fishery
1. Every second Monday, the master of a Community vessel fishing for redfish in Division Subarea 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area, shall notify the competent authorities of the Member State whose flag the vessel is flying or in which the vessel is registereds of the quantities of redfish caught in those zones in the two-week period ending at 12 midnight on the previous Sunday.
When accumulated catches reach 50 % of the TAC, the notification shall be made weekly each Monday.
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 Subarea 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.
When accumulated catches have reached 50 % of the TAC, reports shall be sent on a weekly basis.
CHAPTER VII
SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR
SECTION 1
Restrictions and vessel information requirements
Article 40
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex XIII 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 XIV shall apply in the Subareas set out in that Annex.
Article 41
Information requirements relating to vessels authorised to fish in the Area of CCAMLR
1. As from 1 August 2006, Member States shall communicate to the Commission, in addition to the information requirements relating to authorised vessels set forth in Article 3(2) 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)
type of vessel;
(f)
where and when it was built;
(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 2006, 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 (kW);
(i)
carrying capacity (tonnes), number of fish holds and their capacity (m3);
(j)
any other information (e.g. ice classification) considered appropriate.
SECTION 2
Exploratory fisheries
Article 42
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 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.
Article 43
Reporting systems
Fishing vessels participating in the exploratory fisheries as referred to in Article 42 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.
Article 44
Special requirements
1. The exploratory fisheries as referred to in Article 42 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 (30) 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 (3) seabirds shall immediately revert to night setting in accordance with Article 8 of Regulation (EC) No 601/2004;
(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 (3) 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; or
(vi)
incineration ash.
(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.
Article 45
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.
Article 46
Research plans
Fishing vessels participating in the exploratory fisheries referred to in Article 42 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 Article45(2);
(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 45(2), 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.
Article 47
Data collection plans
1. Fishing vessels participating in the exploratory fisheries referred to in Article 42 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.
Article 48
Tagging programme
Each fishing vessel participating in the exploratory fisheries as referred to in Article 42 shall implement a tagging programme as follows:
(a)
Dissostichus spp. individuals shall be tagged and released at a rate of one individual per tonne of green weight catch throughout the season in accordance with the CCAMLR Tagging Protocol. 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 of one individual per one tonne of green weight catch. 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.
Article 49
Scientific observers
Each fishing vessel participating in the exploratory fisheries referred to in Article 42 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.
CHAPTER VIII
FINAL PROVISIONS
Article 50
Data transmission
When pursuant to Articles 15(1) and 18(1) 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.
Article 51
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 2006.
Where the TACs of the CCAMLR area are set for periods starting before 1 January 2006, Article 40 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, 22 December 2005.