COUNCIL REGULATION (EC) No 2287/2003
of 19 December 2003
fixing for 2004 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 the Act of Accession of 2003 (1), in particular Article 24, Annexes VI, VIII, IX and XII thereof,
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 (2), and in particular Article 20 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 (3), and in particular Article 21 thereof,
Having regard to the proposal of 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 into account available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries.
(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)
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 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 (4), it is necessary to identify the stocks which 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 Norway (5), the Faroe Islands (6), Greenland (7), Iceland (8), Latvia (9), Lithuania (10) and Estonia (11).
(7)
Pursuant to Article 124 of the 1994 Act of Accession, fisheries agreements concluded by Sweden and Finland with third countries are managed by the Community. In accordance with these agreements, the Community has held consultations with Poland.
(8)
Pursuant to the 2003 Act of Accession, provisions on fishing opportunities for Estonia, Latvia, Lithuania and Poland are to be in accordance with the Accession Treaty from the date of accession. However, the same basis for allocation of fishing opportunities should be applied from 1 January 2004 until the date of accession.
(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)
At its Annual Meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) has adopted tables indicating the under-utilisation and over-utilisation of the ICCAT contracting parties fishing possibilities. In this context, ICCAT has adopted a decision observing that during the year 2002, the European Community had underexploited its quota for several stocks.
(11)
In order to respect the adjustments to the Community quotas established by ICCAT, it is necessary for the distribution of 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)
The execution of fishing opportunities should be in accordance with the Community legislation on the matter, 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 (12), Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (13), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (14), Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean (15), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (16), 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 (17), 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 (18) and, 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 (19).
(13)
In order to contribute to the conservation of fish stocks, certain complementary measures on control and technical conditions of fishing should be implemented in 2004.
(14)
It is necessary to adopt Community provisions concerning fishing in the Gulf of Riga in accordance with the guidelines established in the 2003 Act of Accession. It is appropriate to introduce an obligation to hold special fishing permits in order to have access to these waters.
(15)
The Inter-American Tropical Tuna Commission (IATTC) adopted, at its meeting in October 2003, a special closure of fisheries for the purse seine fleet, along with technical measures regarding the retention of all catches, by-catch provisions and provisions relating to sea turtles. Although the Community is not a member of this organisation, it is necessary to implement those catch limitations to ensure sustainable management of this fish resource.
(16)
TACs for stocks for which recovery plans can already be implemented in 2004 should correspond to the recovery strategies laid down in these plans. For stocks where such recovery plans cannot be implemented in 2004, a more restrictive short-term management should apply.
(17)
Pending the adoption of recovery plans and the implementation of the effort management schemes included therein, it is necessary to apply provisional effort management schemes at least for the most endangered stocks, those for which the International Council for the Exploration of the Sea (ICES) recommends a zero TAC in 2004.
(18)
It is necessary, following the advice from ICES, to apply a temporary system to manage the fishing effort of the industrial fishery for sandeel in ICES sub-area IV (Skagerrak and the North Sea).
(19)
At its 25th Annual Meeting of 15 to 19 September 2003, Northwest Atlantic Fisheries Organisation (NAFO) adopted a rebuilding plan for Greenland halibut in NAFO Sub-area 2 and divisions 3KLMNO. The plan foresees a reduction of the TAC level until 2007 as well as additional measures to ensure its effectiveness. It is therefore necessary to implement these measures already from 2004 pending the adoption of a Council Regulation implementing multiannual measures to rebuild the Greenland halibut stock.
(20)
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), including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by the latter for the 2003-2004 season and the corresponding season limit dates should be applied.
(21)
At its XXII Annual meeting in 2003, CCAMLR approved the participation of EC-flagged vessels in exploratory fisheries for Dissostichus spp. in Sub-areas FAO 88.1 and FAO 48.6, 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.
(22)
In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2004. 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
Subject matter
This Regulation fixes fishing opportunities for the year 2004, for certain fish stocks and groups of fish stocks, and the specific conditions under which such fishing opportunities may be used.
However, for certain Antarctic stocks, it fixes the fishing opportunities and specific conditions for the period specified in Annex IF.
Article 2
Scope
This Regulation shall apply to:
(a)
Community fishing vessels (hereinafter referred to as ‘Community vessels’; and
(b)
fishing vessels flying the flag of and registered in third countries (hereinafter ‘third country vessels’) in waters falling within the sovereignty or jurisdiction of Member States (hereinafter referred to as ‘EC waters’).
Article 3
Definitions
For the purposes of this Regulation:
(a)
‘fishing opportunities’ means:
(i)
total allowable catches (‘TACs’) or the number of vessels authorised to fish and/or the duration of these authorisations;
(ii)
shares of the TACs available to the Community;
(iii)
quotas allocated to the Community in third country waters;
(iv)
allocation of Community fishing opportunities under (ii) and (iii) to Member States in the form of quotas;
(v)
allocation to third countries of quotas to be fished in Community waters.
(b)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(c)
‘NAFO Regulatory Area’ means the part of the area of the NAFO (Northwest Atlantic Fisheries Organisation) Convention not falling under the sovereignty or within the jurisdiction of coastal States;
(d)
‘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;
(e)
‘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;
(f)
‘North Sea’ means 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);
(g)
‘Management Unit 3’ means ICES Sub-divisions 30 and 31 and the part of Sub-division 29 situated north of 59°30′ N.
(h)
‘Gulf of Riga’ means the area bounded on the west by a line drawn from Ovisi lighthouse (57° 34.1234′ N, 21° 42.9574′ E) on the west coast of Latvia to the Southern Rock of Cape Loode (57° 57.4760′ N, 21° 58.2789′ E) on the island of Saaremaa, then southwards to the southernmost point of the peninsula of Sõrve and then in a north-eastern direction along the east coast of the island of Saaremaa, and in the north by a line drawn from 58°30.0′ N 23°13.2′E to 58°30.0′N 23°41′1E.
(i)
‘new Member States’ means the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.
Article 4
Fishing zones
For the purpose of this Regulation:
(a)
ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EEC) No 3880/91;
(b)
CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 2597/95;
(c)
NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EEC) No 2018/93;
(d)
CCAMLR (Convention for the Conservation of Antarctic Marine Living Resources) zones are as defined in Regulation (EC) No 66/98.
CHAPTER II
FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS
Article 5
Fishing opportunities and allocations
1. Fishing opportunities for Community vessels in Community waters or in certain non-Community waters and the allocation of such fishing opportunities among Member States shall be 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 Estonia, the Faroe Islands, Greenland, Iceland, Latvia, Lithuania, Norway, Poland and the fishing zone around Jan Mayen, and the Russian Federation, subject to the conditions set out in Articles 9, 16 and 17.
3. The Commission shall fix the fishing opportunities for capelin in zones V, XIV (Greenland waters) available to the Community equal to 70 % of Greenland's share of the capelin TAC as soon as the TAC has been established. Following the transfer of 30 000 tonnes to Iceland, 10 000 tonnes to the Faroe Islands and 6 700 tonnes to Norway, the remaining amount shall be available to all Member States.
4. Fishing opportunities for the stocks of blue whiting in zones I-XIV (EC waters and international waters) and herring in zones I and II (EC waters and international waters) may be increased by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 when third countries do not respect a responsible management of those stocks.
Article 6
Special provisions on allocations
The allocation of fishing opportunities among Member States provided for in Annexes I and II shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Article 21(4), Article 23(1) and Article 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.
Article 7
Quota flexibility
For 2004, the stocks which are subject to a precautionary or to an analytical TAC, the stocks to which the year-to-year flexibility conditions set out in Articles 3 and 4 of Regulation (EC) No 847/96 are to apply, and the stocks to which the penalty coefficients provided for in Article 5(2) of that Regulation are to apply, shall be as set out in Annex I of this Regulation.
Article 8
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:
(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 from part of a Community share which has not been allocated by quota among Member States, and that share has not been exhausted; or
(c)
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
(d)
for herring, the catches comply with Article 2 of Regulation (EC) No 1434/98; or
(e)
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
(f)
catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98.
2. 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 1(c), (d), (e) and (f).
3. 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.
4. 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 9
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 10
Special conditions for North Sea herring
The measures set out in Annex III shall apply with regard to the capture, sorting and landing of herring taken from the North Sea, the Skagerrak and the Kattegat.
Article 11
Other technical and control measures
The technical measures set out in Annex IV shall apply in 2004 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.
Detailed rules for the implementation of points 11 and 12 of Annex IV may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
Article 12
Effort limitations and associated conditions for the management of stocks
1. For the period 1 January 2004 to 31 January 2004, for the management of cod stocks in Skagerrak, Kattegat, North Sea and to the West of Scotland the fishing effort limitations and associated conditions laid down in Annex XVII of Regulation (EC) No 2341/2002 (20) shall apply.
2. For the period 1 February 2004 to 31 December 2004, for the management of cod stocks in Skagerrak, Kattegat, North Sea and Eastern Channel, Irish Sea and to the West of Scotland, the fishing effort limitations and associated conditions laid down in Annex V shall apply.
3. For the management of sandeel stocks in ICES Sub-area IV (Skagerrak and North Sea), the effort limitations and associated conditions laid down in Annex VI shall apply.
4. Detailed rules for the implementation of paragraph 6 of Annex VI may be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
CHAPTER III
FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR THIRD COUNTRY VESSELS
Article 13
Authorisation
Vessels flying the flag of Barbados, Estonia, Guyana, Japan, South Korea, Latvia, Lithuania, Norway, Poland, the Russian Federation, Suriname, Trinidad and Tobago and Venezuela and vessels registered in the Faroe Islands shall be authorised to make catches, within the quota limits set out in Annex I, in Community waters, and subject to the conditions stipulated under Articles 14, 15, 18, 19, 20, 21, 22, 23 and 24.
Article 14
Geographic restrictions
Fishing by vessels flying the flag of:
(a)
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, except the area referred to in Article 18 of Regulation (EC) No 2371/2002; 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;
(b)
Estonia, 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;
(c)
Poland and 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;
(d)
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.
Article 15
Conditions for landing catch and by-catch
Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless the catches have been taken by vessels of a third country having a quota and that quota is not exhausted.
CHAPTER IV
LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS
Article 16
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 in waters of third countries shall be subject to the holding of a licence issued by the authorities of the third country.
However, the first subparagraph shall not apply to the following vessels, when fishing in Norwegian waters of the North Sea:
(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 shall be fixed as set out in Annex VII, Part I. 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.
Article 17
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 of the change to the Faroese authorities.
CHAPTER V
LICENSING ARRANGEMENTS FOR THIRD COUNTRY VESSELS
Article 18
Obligation to have a licence and a special fishing permit
1. Notwithstanding Article 28b of Regulation (EC) No 2847/93, Norwegian vessels of less than 200 GT shall be exempt from the obligation to have a licence and a fishing permit.
2. The licence and special fishing permit shall be kept on board. Vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.
3. Vessels from third countries authorised to fish on 31 December 2003 may continue to fish as from the beginning of the year 2004 until the list of vessels authorised to fish is submitted to and approved by the Commission.
Article 19
Application for a licence and special fishing permit
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.
Article 20
Number of licences
The number of licences and special associated conditions shall be fixed as set out in Annex VII, Part II.
Article 21
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 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.
2. Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the quota for the stock in question provided for 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 22
Failure to comply with relevant rules
1. 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 fulfilled.
2. The Commission shall submit to the authorities of the third country concerned the names and characteristics of the 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 23
Obligations of the licence holder
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, (EC) No 88/98, (EC) No 850/98, (EC) No 1434/98 and Commission Regulation (EEC) No 1381/87.
2. The vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Annex VIII, Part I is entered.
3. Third country vessels, except Norwegian vessels fishing in ICES Division IIIa, shall transmit the information set out in Annex IX to the Commission, in accordance with the rules laid down in that Annex.
Article 24
Specific provisions concerning the French Department of Guyana
1. The granting of licences to fish in the waters of the French Department of Guyana shall be subject to an undertaking by the owner of the vessel concerned to permit an observer to come on board at the Commission's request.
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 a declaration to the French authorities 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 VII, Part III. 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 23(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. The vessels fishing in the waters of the French Department of Guyana shall keep a logbook corresponding to the model appearing in Annex VIII, Part II. 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 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 THE NAFO REGULATORY AREA
SECTION 1
Community participation
Article 25
List of vessels
1. Only EC vessels of more than 50 gross tonnes which have been issued a special fishing permit by their flag Member State shall be authorised, on the conditions set out in the permit, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.
2. Each Member State shall send to the Commission, in computer readable form, a list of all vessels of more than 50 gross tonnes flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area.
3. The list referred to in paragraph 2 shall be transmitted to the Commission within 15 days following the entry into force of this Regulation and, in the case of amendments to the list, at least 5 days before the new vessel enters the NAFO Regulatory area. The Commission shall forward this information promptly to the NAFO Secretariat.
4. The list referred to in paragraph 2 shall contain the following information:
(a)
the internal number of the vessel, as defined in Annex I to Commission Regulation (EC) No 2090/98 of 30 September 1998 concerning the fishing vessel register of the Community (21);
(b)
international radio call sign;
(c)
vessel charterer, where applicable;
(d)
vessel type.
5. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall include:
(a)
date from which the vessel has been authorised to fly the flag of the Member State;
(b)
date 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 which can be fished by the vessel in the NAFO Regulatory Area;
(j)
the sub-areas where the vessel may be expected to fish.
SECTION 2
Technical measures
Article 26
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 X. 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.
Vessels fishing for shrimp (Pandalus borealis) shall use nets with a minimum mesh size of 40 mm.
Article 27
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 XI.
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.
Article 28
By-catches
1. Masters of 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 listed in Annex ID 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 Regulatory Area where directed fishing of certain species is banned, 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 for which by-catch limits apply 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 for which by-catch limits apply in any subsequent haul exceed the said 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. For vessels fishing for shrimp (Pandalus borealis), in the event that total by-catches of all species listed in Annex ID in any haul exceed 5 % by weight in Division 3M and 2,5 % in Division 3L, vessels shall immediately move a minimum of five nautical miles from the position of the previous haul.
Catches of shrimp shall not be used in the calculation of by-catch level of groundfish species.
Article 29
Minimum size of fish
Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex XII 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. Where the quantity of caught fish not having the required size 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 XII, shall be deemed to originate from fish that is below the minimum fish size.
SECTION 3
Control measures
Article 30
Logbook and storage 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 XIII to this Regulation.
2. Each Member State shall, in computer readable form, before the 15th of each month, notify the Commission of the quantities of stocks specified in Annex XIV landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.
3. The master of a Community vessel shall, in respect of catches of the species listed in Annex ID, keep:
(a)
a logbook 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.
4. The master shall provide the necessary assistance to enable the quantities declared in the logbook and the processed products stored on board to be verified.
Article 31
Nets
When fishing directly for one or more of the species listed in Annex X, vessels shall not carry nets with a mesh size smaller than that laid down in Article 26. 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.
Article 32
Trans-shipment
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.
Article 33
Monitoring of fishing effort
1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels referred to in Article 25 be commensurate to the fishing possibilities 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 2004 or thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels which will engage in these fisheries. The fishing plan shall represent the total fishing effort to be deployed with respect to the fisheries 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 2004, 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.
SECTION 4
Special provisions for Northern prawns
Article 34
Northern prawn fisheries
Each Member State shall report to the Commission daily 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 in depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.
SECTION 5
Special provisions for Greenland halibut
Article 35
Special fishing permit for Greenland halibut
1. It shall be prohibited for Community vessels with a length overall of more than 24 metres which are not entered into the list referred to in paragraph 2 to fish, retain onboard, trans-ship or land Greenland halibut.
2. Each Member State shall send to the Commission a list of all vessels of more than 24 metres overall length flying its flag and registered in the Community that it authorises to fish for Greenland halibut in Sub-area 2 and Divisions 3KLMNO by issue of a special fishing permit.
3. The list referred to in paragraph 2 shall include the internal number as defined in Annex I of Commission Regulation (EC) No 2090/98.
4. This list shall be transmitted to the Commission in computer readable form within 15 days following the entry into force of this Regulation and, in the case of amendments to the list, at least 5 days before the new vessel enters Sub-area 2 and Divisions 3KLMNO. The Commission shall forward the list promptly to the NAFO Secretariat.
5. Each Member State shall take the necessary measures to allocate its quota for Greenland halibut among its authorised vessels referred to in paragraph 2. Member States shall transmit the information concerning the allocation of quotas to the Commission within 15 days following the entry into force of this Regulation.
Article 36
Reports
1. Masters of vessels referred in Article 35(2) shall transmit the following reports to the Flag Member State:
(a)
The quantities of Greenland halibut retained onboard when the Community vessel enters Sub-area 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each entry of the vessel to this zone.
(b)
Weekly catches of Greenland halibut. This report shall be transmitted for the first time no later than the end of the seventh day following the entry of the vessel into Sub-area 2 and Divisions 3 KLMNO, or, when fishing trips take more than seven days, at the latest on Monday for catches that have been taken in the Sub-area 2 and Divisions 3 KLMNO during the preceding week ending at midnight on Sunday.
(c)
The quantities of Greenland halibut held onboard when the Community vessel exits Sub-area 2 and Divisions 3KLMNO. This report shall be transmitted not earlier than 12 hours and not later than 6 hours in advance of each departure of the vessel from this zone and shall include the number of fishing days and the total catches in this zone.
(d)
The quantities loaded and unloaded for each trans-shipment of Greenland halibut during the vessel's stay in Sub-area 2 and Divisions 3KLMNO. These reports shall be transmitted no later than 24 hours after the completion of the trans-shipment.
2. Member States shall, upon receipt, transmit the reports under paragraph 1(a), (c) and (d) to the Commission.
3. When catches of Greenland halibut notified in accordance with paragraph 2 are deemed to have exhausted 70 % of the Member States' quota allocation, Member States shall take necessary measures to reinforce the monitoring of the catches and shall inform the Commission of these measures.
Article 37
Designated ports
1. It is prohibited to land any quantities of Greenland halibut at any place other than ports designated by NAFO Contracting Parties. Landings of Greenland halibut in ports of non-Contracting Parties are prohibited.
2. Member States shall designate ports in which landings of Greenland halibut can take place and shall determine the associated inspection and surveillance procedures, including the terms and conditions for recording and reporting the quantities of Greenland halibut within each landing.
3. Member States shall transmit to the Commission within 15 days of the date of entry into force of this Regulation a list of designated ports and, within 15 days thereafter, the associated inspection and surveillance procedures referred to in paragraph 2. The Commission shall promptly forward this information to the NAFO Secretariat.
4. The Commission shall promptly transmit a list of the designated ports referred to in paragraph 2 as well as ports designated by other Contracting Parties of NAFO to all Member States.
Article 38
Inspection in port
1. Member States shall ensure that all vessels entering a designated port to land and/or trans-ship Greenland halibut undergo an inspection in port in accordance with the port inspection scheme of NAFO.
2. It is prohibited to discharge and/or trans-ship catches from vessels referred to in paragraph 1 until the inspectors are present.
3. All quantities discharged shall be weighed by species before being transported to a cold store or another destination.
4. Member States shall transmit the corresponding port inspection report to the NAFO Secretariat, with a copy to the Commission, within 7 working days from the date at which the inspection was completed.
Article 39
Prohibition of landings and trans-shipments for non-Contracting Party vessels
Member States shall ensure that landings and trans-shipments of Greenland halibut from non-Contracting Party vessels which have been engaged in fishing activities in the NAFO Regulatory Area are prohibited.
Article 40
Follow up on fishing activities
Member States shall submit a report to the Commission by 31 December 2004 at the latest on the implementation of the measures laid down in Articles 34 to 39, including the total number of days fished.
SECTION 6
Special provisions for redfish
Article 41
Redfish fishery
1. Every second Monday, the master of a Community vessel fishing for redfish in Division Sub-area 2 and Division IF, 3K and 3M of the NAFO Regulatory Area, shall notify 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 those areas and zones in the two-week period ending at 12 midnight on the previous Sunday.
When accumulated catches reached 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 Sub-area 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 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
Article 42
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex XV shall be prohibited in the zones and during the periods indicated in that Annex.
2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex XVI shall apply in the sub-areas/divisions indicated in that Annex.
SECTION 2
Exploratory fisheries
Article 43
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 16 of Regulation (EC) No 66/98 may participate in long-line exploratory fisheries for Dissostichus spp. in FAO Sub-area 48.6 and FAO Sub-area 88.1. No more than one fishing vessel shall fish in Sub-area 48.6 at any one time. Total catch and by-catch limits per Sub-area and their distribution among Small Scale Research Units (SSRUs) within each of the two Sub-areas are set out in Annex XVI.
2. 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 effort. To this end, 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.
Article 44
Reporting systems
Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall be subject to the following catch and effort reporting systems:
(a)
the Five-day Catch and Effort Reporting System set out in Article 7(3) of Regulation (EC) No 66/98;
(b)
the Monthly fine-scale Catch and Effort Reporting System set out in Article 12 of Regulation (EC) No 66/98;
(c)
the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the ‘jellymeat’ condition, shall be reported.
Article 45
Special requirements
1. The exploratory fisheries referred to in Article 43 shall be carried out in accordance with Article 14(3) of Regulation (EC) No 66/98 with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures, the discharge of offal shall be prohibited in these fisheries.
2. Fishing vessels participating in exploratory fisheries in FAO Sub-area 88.1 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 of MARPOL 73/78;
(ii)
garbage;
(iii)
food wastes not capable of passing through a screen with openings no greater than 25 mm;
(iv)
poultry or parts (including egg shells); or
(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.
(b)
No live poultry or other living birds shall be brought into Sub-area 88.1 and any dressed poultry not consumed shall be removed from Sub-area 88.1.
(c)
Fishing for Dissostichus spp. in Sub-area 88.1 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.
Article 46
Definition of hauls
1. For the purposes of this Section, a haul comprises 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 must be separated by no less than 5 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 47
Research plans
Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall implement Research Plans, in each and all SSRUs in which FAO Sub-areas 48.6 and 88.1 are divided. The Research Plan shall be implemented in the following manner:
(a)
on first entry into a SSRU, the first 10 hauls, designated ‘first series’, shall be designated ‘research hauls’ and must satisfy the criteria set out in Article 46(2);
(b)
the next 10 hauls, or 10 tonnes of catch, whichever trigger level is achieved first, are designated the ‘second series’. Hauls in the second series can, at the discretion of the master, be fished as part of normal exploratory fishing. However, provided they satisfy the requirements of Article 46(2), these hauls can 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 must undertake a ‘third series’ which will 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 the vessel may continue to fish within the SSRU;
(e)
in SSRUs A, B, C, E and G in Sub-area 88.1 where fishable seabed area is less than 15 000 km2, subparagraphs (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.
Article 48
Data collection plans
1. Fishing vessels participating in the exploratory fisheries referred to in Article 43 shall implement Data Collection Plans, in each and all SSRUs in which FAO Sub-areas 48.6 and 88.1 are divided. The Data Collection Plan shall comprise the following data:
(a)
position and sea depth at each end of every line in a haul;
(b)
setting, soak, and hauling times;
(c)
number and species of fish lost at surface;
(d)
number of hooks set;
(e)
bait type;
(f)
baiting success (%);
(g)
hook type; and
(h)
sea and cloud conditions and phase of the moon at the time of setting the lines.
2. All data specified 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 should be applied.
Article 49
Tagging programme
Each fishing vessel participating in the exploratory fisheries referred to in Article 43 shall further 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. 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 should target small individuals under 100 cm, although larger individuals should be tagged if necessary in order to meet the tagging requirement of one individual per one tonne of green weight catch. All released individuals should be double-tagged and releases should 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 relevant tag data and any tag recaptures of Dissostichus spp. in the fishery shall be reported in computer readable form to CCAMLR within two months of the vessel departing these fisheries.
Article 50
Scientific observers
Each fishing vessel participating in the exploratory fisheries referred to in Article 43 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 51
Data transmission
Pursuant to Regulation (EEC) No 2847/93, data relating to the landing of quantities of stocks caught shall be sent by Member States to the Commission in computer readable form by using stock codes set out in each table of stock.
Article 52
Quotas for new Member States
The catches by vessels from the new Member States between 1 January 2004 and the date of accession shall be counted against the quotas laid down in Annex I.
Within 15 days after the date of accession the new Member States shall notify the Commission of the amount of their catches between 1 January 2004 and the date of accession.
Article 53
Entry into force
This Regulation shall enter into force on 1 January 2004.
Where the TACs of the CCAMLR area are set for periods starting before 1 January 2004, Article 42 shall apply with effect from the beginning of the respective periods of application of the TACs.
The provisions of point 12 of Annex IV shall enter into force on 1 February 2004 except points 12.3 and 12.7, second point that shall enter into force on 1 January 2004.
Articles 13 and 14 shall not apply to Estonia, Latvia, Lithuania and Poland from the date of accession of these States.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2003.