EN Official Journal of the European Union L 22/1

COUNCIL REGULATION (EC) No 43/2009

of 16 January 2009

fixing for 2009 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 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock (3), and in particular Article 5 thereof,

Having regard to Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula (4) and in particular Articles 4 and 8 thereof,

Having regard to Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (5), and in particular Article 4 thereof,

Having regard to Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Western Channel (6), and in particular Articles 3 and 5 thereof,

Having regard to Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (7), and in particular Articles 6 and 9 thereof,

Having regard to Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multiannual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock (8), and in particular Article 4 thereof,

Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (9), and in particular Articles 7, 8, 9 and 12 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) Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (10), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (11), 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 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States in the north-east Atlantic (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 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (15), 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 (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 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (18), 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 (19), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisionsregarding satellite-based Vessel Monitoring Systems (20), 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 (21), Regulation (EC) No 811/2004, Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation (22), Regulation (EC) No 2166/2005, Regulation (EC) No 388/2006, Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (23), Regulation (EC) No 509/2007, Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species (24), Regulation (EC) No 676/2007 Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (25), Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (26), Regulation (EC) No 1300/2008, Regulation (EC) No 1342/2008 and Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (27).

(7) It should be clarified that this Regulation should apply if marine organisms caught during fishing operations conducted solely for the purpose of scientific investigations are sold, stored, displayed, or offered for sale for any purpose.

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

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

(10) This Regulation should fix and distribute a number of new fishing opportunities for skates and rays in areas VIId, IIIa, VIa-b, VIIa-c, e-k, VIII and IX. A method for allocating these new fishing opportunities, based on objective criteria should be established, whilst bearing in mind the interests of each Member State concerned. For this purpose, it seems appropriate to take into account the record of landings of each Member State concerned for this species in these areas during a recent and sufficiently representative period.

(11) 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.

(12) 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.

(13) 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.

(14) 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 (28), the Faroe Islands (29) and Greenland (30).

(15) The Community is a contracting party to several fisheries organisations, and participates in other organisations as a cooperating non-party. Moreover, by virtue of the Act concerning the conditions of accession of the Republic of Poland to the European Union, as from its date of accession fisheries agreements previously concluded by this country, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are managed by the Community. Those fisheries organisations have recommended the introduction for 2009 of a number of measures, including the setting of catch limitations and/or effort limitations and other associated conservation and control rules for certain species. Such recommendations should therefore be implemented by the Community. In order to effectively contribute to the conservation of fish stocks and pending the adoption of the relevant Council acts implementing these measures into Community law, it is necessary to incorporate them in this Regulation.

(16) The Inter-American Tropical Tuna Commission (IATTC) failed to adopt catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna at its Annual Meeting in 2008, and although the Community is not a member of the IATTC, it is necessary to adopt measures to ensure sustainable management of the resource under the jurisdiction of the IATTC

(17) At its Annual Meeting in 2008, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for two additional fish stocks and a conservation measure to protect Vulnerable Marine Ecosystem addressing UN General Assembly Resolution 61/105 on Sustainable Fisheries in the SEAFO Convention Area. These measures were agreed by the Community on the basis of a negotiating mandate from the Council and with input from the Member States and sector representatives present at the Annual Meeting. These measures are binding upon the Community from 2009. It is necessary to implement these measures into Community law.

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

(19) During 2008, alternative systems for effort management based on kilowatt day ceilings were allowed under certain conditions, with a view to the successive introduction of such a system as a general rule. A general shift towards management by kilowatt day ceilings in 2009 should be made for effort limitations linked to the long-term plan for cod stocks, while in other effort regimes the current system should be maintained in 2009, including the option of introducing kilowatt day schemes at the discretion of the Member State.

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

(21) For the adjustment of fishing effort limitations on sole as laid down in Regulation (EC) No 509/2007 alternative arrangements should be established in order to manage fishing effort consistently with the TAC, as laid down in Article 5(2) of that Regulation.

(22) For the adjustment of fishing effort limitations on plaice and sole as laid down in Regulation (EC) No 676/2007, alternative arrangements should be established in order to manage fishing effort consistently with the TAC, as laid down in Article 9(2) of that Regulation.

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

(24) In order to contribute to the conservation of fish stocks, certain supplementary measures on control and technical conditions of fishing should be implemented in 2009.

(25) Following further scientific analysis and consultations with stakeholders in 2008, it is appropriate to take measures to protect the spawning aggregations of blue ling in addition to catch limitations in view of regulating directed fishery and by-catches in order to protect spawning aggregations of blue ling in ICES zone VIa.

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

(27) In accordance with the Agreed Record of conclusions between the European Community and Norway of 10 December 2008, technical measures to increase selectivity of towed gears in order to reduce discards of whiting in the North Sea should continue to be tested during the first part of 2009.

(28) In order to ensure sustainable exploitation of the hake and Norway lobster stock and to reduce discards, the use of the latest developments as regards selective gears should be permitted in ICES zones VIIIa, VIIIb and VIIId.

(29) The use of gears that do not catch Norway lobster should be permitted in certain areas dedicated to the protection of the species, where fishing is prohibited.

(30) In the light of advice from the Scientific, Technical and Economic Committee for Fisheries (STECF), certain herring spawning ground closures are not necessary to ensure sustainable exploitation of that species in ICES zone VIa.

(31) In order to contribute to the conservation of octopus and in particular to protect juveniles, it is necessary to maintain, in 2009, a minimum size of octopus from the maritime waters under the sovereignty or jurisdiction of third countries and situated in the region of Fishery Committee for the Eastern Central Atlantic (CECAF) pending the adoption of a regulation amending Regulation (EC) No 850/98.

(32) In the light of advice from STECF, fishing with beam trawl using electrical pulse current should be allowed in 2009 in ICES zones IVc and IVb south under certain conditions.

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

(34) In order to ensure the livelihood of Community fishers and in order to avoid endangering resources and any possible difficulty due to the lapsing of Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (31), it is essential to open those fisheries on 1 January 2009 and maintain in force in January 2009 some of the rules of the said Regulation. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in Title I, Article 3 of the Protocol on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

This Regulation fixes fishing opportunities for the year 2009, 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 2010, 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, the provisions of this Regulation, except point 4.2 of Annex III and footnote 1 to Annex XI, shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State whose flag the vessel is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.

Article 3

Definitions

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

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

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

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

Article 4

Fishing zones

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

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

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

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

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

(e) the GFCM (General Fisheries Commission for the Mediterranean) zone is as defined in Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (32);

(f) CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (33);

(g) ‘NEAFC Convention Area’ means the waters as set out in Article 1 of the Convention attached to Council Decision 81/608/EEC of 13 July 1981 concerning the conclusion of the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (34);

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

(i) NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (35);

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

(k) SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council Decision 2002/738/EC of 22 July 2002 on the conclusion by the European Community of the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (36);

(l) the ICCAT (International Commission for the Conservation of Atlantic Tunas) zone is as defined in Council Decision 86/238/EECof 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (37);

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

(n) the IATTC (Inter American Tropical Tuna Convention) zone is as defined in Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community, of the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (38);

(o) the IOTC (Indian Ocean Tuna Commission) zone is as defined in Council Decision 95/399/EC of 18 September 1995 on the accession of the Community to the Agreement for the establishment of the Indian Ocean Tuna Commission (39);

(p) ‘SPFO (South Pacific Regional Fisheries Management Organisation) area’ means the high seas area south of the Equator, north of the CCAMLR Convention area, east of the SIOFA Convention Area as defined in the Council Decision 2006/496/EC of 6 July 2006 on the signing, on behalf of the European Community, of the Southern Indian Ocean Fisheries Agreement (40), and west of the areas of fisheries jurisdictions of South American States;

(q) the WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined in Council Decision 2005/75/EC of 26 April 2004 on the accession of the Community to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (41).

(r) ‘High Seas of the Bering Sea’ means the area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured.

CHAPTER II

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

Article 5

Catch limits and allocations

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

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

3. The Commission shall fix the catch limits for the fisheries on sandeel in ICES zones IIIa and IV and EC waters of ICES zone IIa according to the rules laid down in point 6 of Annex IID.

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

5. Catch limits for the stock of Norway pout in ICES zone IIIa and in EC waters of ICES zones IIa and IV and for the stock of sprat in EC waters of ICES zones IIa and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2009.

6. The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII 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 2009.

7. As a consequence of a revision of the stock of Norway pout in accordance with paragraph 5, the catch limits for the stocks of whiting in ICES zone IIIa and ICES zone IV and EC waters of ICES zone IIa and for the stocks of haddock in ICES zone IIIa and EC waters of ICES zones IIIb, IIIc and IIId and in ICES zone IV and EC waters of ICES zone IIa may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 to take into account industrial by-catches in the Norway pout fishery.

Article 6

Prohibited species

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

— Basking shark (Cetorhinus maximus),

— White shark (Carcharodon carcharias).

Article 7

Special provisions on allocations

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

(a) exchanges made pursuant to Article 20(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, pursuant to Article 23(4) of Regulation (EC) No 2371/2002 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;

(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 2010, 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 8

Fishing effort limits and associated conditions for the management of stocks

1. From 1 February 2009 to 31 January 2010, the fishing effort limitations and associated conditions laid down in:

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

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

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

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

2. For the period from 1 January 2009 to 31 January 2009 for the stocks mentioned in paragraph 1, the fishing effort and associated conditions laid down in Annexes IIA, IIB, IIC and IID to Regulation (EC) No 40/2008 shall continue to apply.

3. The Commission shall fix the fishing effort for 2009 for the fisheries on sandeel in ICES zones IIIa and IV and in EC waters of ICES zone IIa based on the rules laid down in points 4 and 5 of Annex IID.

4. Member States shall ensure that for 2009 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held and/or deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep sea species, other than greater silver smelt, were caught.

Article 9

Conditions for landing catches and by-catches

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

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

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

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

(a) species, other than herring and mackerel, where (i) they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98; and (ii) the catches are not sorted either on board or on landing; or

(b) mackerel, where (i) they are caught mixed with horse mackerel or pilchard; (ii) they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board and; (iii) the catches are not sorted either on board or on landing.

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

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

Article 10

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

1. Article 2(1) of Regulation (EC) No 1434/98 concerning the prohibition to retain herring on board under certain circumstances shall not apply to herring caught in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.

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

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

4. Unsorted catches in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 3 is in place.

Article 11

Access limits

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

Article 12

Determination of mesh size and twine thickness

Mesh size and twine thickness referred to in this Regulation shall be determined in accordance with Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (42), when Community vessels are inspected by Community inspectors, Commission inspectors and national inspectors.

Article 13

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 14

Authorisation

Fishing vessels flying the flag of Venezuela or Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the catch limits set out in Annex I, and subject to the conditions provided for in Chapter III of Regulation (EC) No 1006/2008 and Articles 15 to 18 and 22 to 27 of this Regulation.

Artclie 15

Prohibited species

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

— Basking shark (Cetorhinus maximus),

— White shark (Carcharodon carcharias).

Article 16

Geographical restrictions

1. Fishing by fishing vessels flying the flag of Norway or registered in the Faroe Islands shall be limited to those parts of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines of Member States in ICES zone IV, the Kattegat and the Atlantic Ocean north of 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 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 17

Transit through Community waters

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

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

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

Article 18

Conditions for landing catches and by-catches

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

Article 19

Transitional technical and control measures

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

CHAPTER IV

FISHING AUTHORISATIONS OF COMMUNITY VESSELS

Article 20

Fishing authorisations and associated conditions

1. The following Community vessels shall be exempt from the obligation to have a fishing authorisation, as set out in Article 3 of Regulation (EC) No 1006/2008, when they engage in fishing activities 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; or

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

2. The maximum number of fishing authorisations and other associated conditions for Community vessels fishing in waters of a third country are set out in Part I of Annex IV.

3. If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex IV, on the basis of Article 20(5) of Regulation (EC) No 2371/2002, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Part I of Annex IV, shall not be exceeded.

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

Article 21

Faroe Islands

Community vessels authorised 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

FISHING AUTHORISATIONS OF THIRD-COUNTRY FISHING VESSELS

Article 22

Obligation to have a fishing authorisation

1. Fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a fishing authorisation, as set out in Article 18 of Regulation (EC) No 1006/2008, when they engage in fishing activities in Community waters.

2. The fishing authorisation issued to third-country fishing vessel engaging in fishing activities in Community waters shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

Article 23

Application for a fishing authorisation

Without prejudice to Article 19(2) of Regulation (EC) No 1006/2008, an application to the Commission for a fishing authorisation from an authority of a third-country shall contain the following information:

(a) the name of the vessel;

(b) the registration number;

(c) external identification letters and numbers;

(d) the port of registration;

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

(f) the gross tonnage and overall length;

(g) the engine power;

(h) the call sign and radio frequency;

(i) the intended method of fishing;

(j) the intended area of fishing;

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

(l) the period for which an authorisation is applied for.

Article 24

Number of fishing authorisations

The maximum number of fishing authorisations and other associated conditions for third-country vessels fishing in Community waters shall be laid down in Part II of Annex IV.

Article 25

Cancellation

Without prejudice to Chapter III of Regulation (EC) No 1006/2008, fishing authorisations may be cancelled with a view to the issue of new fishing authorisations. Such cancellations shall take effect on the day preceding the date of issue of the fishing authorisations by the Commission. New fishing authorisations shall take effect from their date of issue.

Article 26

Obligations of the holder of the fishing authorisation

1. In addition to complying with any data transmission requirement laid down in accordance with Article 23(1) of Regulation (EC) No 1006/2008, third-country fishing vessels shall keep a logbook in which the information set out in Part I of Annex V shall be entered.

2. When transmitting information in accordance with Article 23 of Regulation (EC) No 1006/2008, third-country fishing vessels shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.

3. Paragraph 2 shall not apply to vessels flying the flag of Norway fishing in ICES zone IIIa.

Article 27

Specific provisions concerning the Department of French Guyana

1. In addition to the conditions set out in Chapter III of Regulation (EC) No 1006/2008, the granting of fishing authorisations 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. In addition to complying with any data transmission requirement laid down in accordance with Article 23 of Regulation (EC) No 1006/2008, third-country fishing vessels fishing in the waters of the Department of French Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex V. Catch data shall be sent to the Commission upon request, via the French authorities.

CHAPTER VI

SPECIAL PROVISIONS FOR FISHING IN THE GFCM AREA

SECTION 1

Conservation measures

Article 28

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

1. In order to protect the dolphinfish (Coryphaena hippurus), in particular small fish, the dolphinfish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January 2009 to 14 August 2009, in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII.

2. By way of derogation from paragraph 1, if a Member State can demonstrate that due to bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. Member States wishing to benefit from this carry over shall submit to the Commission before 1 January 2010 an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using FADs during the prohibition period from 1 January 2010 until 31 January 2010. Such an application shall be accompanied by the following information:

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

(b) the name of the vessel;

(c) the registration number;

(d) the external identification markings as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (43).

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

3. Member States shall send to the Commission before 1 November 2009 a report on the implementation of the measures referred to in paragraph 2 for the year 2008.

4. Member States shall report to the Commission by 15 January 2010 the total landings and transhipments of dolphinfish carried out in 2009 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII.

The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.

Article 29

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

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

(a) Deep Sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ — 39o 27.72' N, 18o 10.74' E — 39o 27.80' N, 18o 26.68' E — 39o 11.16' N, 18o 32.58' E — 39o 11.16' N, 18o 04.28' E;

(b) Deep Sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ — 31o 30.00' N, 33o 10.00' E — 31o 30.00' N, 34o 00.00' E — 32o 00.00' N, 34o 00.00' E — 32o 00.00' N, 33o 10.00' E;

(c) Deep Sea fisheries restricted area ‘The Eratosthenes Seamount’ — 33o 00.00' N, 32o 00.00' E — 33o 00.00' N, 33o 00.00' E — 34o 00.00' N, 33o 00.00' E — 34o 00.00' N, 32o 00.00' E.

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

Article 30

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

1. By way of derogation from Article 8(1)(h) and from point (2) of Article 9(3) of Regulation (EC) No 1967/2006, Member States may continue to authorise fishing vessels flying their flag the use of codend mesh size smaller than 40 mm diamond to operate in certain local and seasonal demersal trawl fisheries exploiting fish stocks that are not shared with third countries.

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

3. Member States shall submit to the Commission by 15 January 2009, through the accustomed data-processing support, the list of vessels authorised in accordance with paragraph 1.

4. The list of authorised vessels shall include the following information:

(a) the name of the vessel;

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

(c) the authorised fishery(ies) carried out by each vessel defined in terms of target stock(s), the fishing area set out in Annex VII and the technical mesh size characteristics of the fishing gear deployed;

(d) the authorised fishing period.

5. Where the list of authorised vessels as referred to in paragraph 4 does not contain changes with respect to what was communicated in the year 2008, Member States shall inform the Commission by 15 January 2009 that no changes have occurred.

6. The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.

SECTION 2

Reporting of statistical matrixes

Article 31

Transmission of data

1. Member States shall submit to the Executive Secretary of the GFCM, by 30 June 2009, the data of Task 1.1 and Task 1.2 of the GFCM statistical matrix as set out in Annex X.

2. Member States shall submit to the Executive Secretary of the GFCM, by 30 June 2009 and to the extent possible, the data of Tasks 1.3, 1.4 and 1.5 of the GFCM statistical matrix as set out in Annex X.

3. Member States shall use the GFCM data-entry system as available at the GFCM web-site (44) for the submission of data referred to in paragraphs 1 and 2.

4. Member States shall inform the Commission of the data submitted on the basis of this Article.

CHAPTER VII

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

Article 32

Catch reporting

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

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

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

Article 33

Additional control measures

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

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

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

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

CHAPTER VIII

SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FISH FROZEN AFTER BEING CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA

Article 34

Port State control

Without prejudice to Regulation (EEC) No 2847/93 and to Council Regulation (EC) No 1093/94 of 6 May 1994 setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports (45) the procedures set out in this Chapter shall apply to landing or transhipping in ports of Member States of fish frozen after being caught by third-country fishing vessels in the NEAFC Convention area.

Article 35

Designated ports

Landings and transhipments in Community waters shall only be allowed in designated ports.

Member States shall designate a place used for landings or a place close to the shore (designated ports) where landings or transhipment operations of fish, referred to in Article 34, are permitted. Member States shall notify the Commission of any changes to the list of ports designated in 2007 at least fifteen days before the change shall come into force.

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

Article 36

Prior notice of entry into port

1. By way of derogation from Article 28e(1) of Regulation (EEC) No 2847/93, the masters of all fishing vessels or their representatives, carrying fish referred to in Article 34 of this Regulation, intending to call into a port to land or tranship shall notify the competent authorities of the Member State of the port they wish to use at least three working days before the estimated time of arrival.

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

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

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

3. Masters of vessels or their representatives may cancel a prior notification by notifying the competent authorities of the port they wish to use at least 24 hours before the notified estimated time of arrival in the port. The notification shall be accompanied by a copy of the original FormPSC 1 or PSC 2 with the word ‘CANCELLED’ written across Part B.

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

Article 37

Authorisation to land or tranship

1. Landings or transhipments may only be authorised by the competent authorities of the port Member State if the flag State of the fishing vessel intending to land or tranship, or where the vessel has engaged in transhipment operations outside a port, the flag State or States of donor vessels, have confirmed by returning a copy of the form transmitted pursuant to Article 36(4) with Part B duly completed, that:

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

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

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

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

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

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

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

Article 38

Inspections

1. The competent authorities of Member States shall carry out inspections of at least 15 % of landings or transhipments by third-country fishing vessels, referred to in Article 34, in its ports each year.

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

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

Article 39

Inspection reports

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

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

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

CHAPTER IX

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA

SECTION 1

Restrictions and vessel information requirements

Article 40

Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex X 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 XI shall apply in the Subareas set out in that Annex.

SECTION 2

Exploratory fisheries

Article 41

Rules of conduct for exploratory fisheries

Without prejudice to Article 4 of Regulation (EC) No 601/2004 Member States shall ensure that all Community vessels are equipped with:

(a) adequate communication equipment (including MF/HF radio and carriage of at least one 406MHz Emergency Position Indicating Radio Beacon (EPIRB) and trained operators on board and wherever possible fitted with GMDSS equipment;

(b) sufficient immersion survival suits for all on board;

(c) adequate arrangements to handle medical emergencies that may arise in the course of the voyage;

(d) reserves of food, fresh water, fuel and spare parts for critical equipment to provide for unforseen delays and besetment;

(e) an approved Shipboard Oil Pollution Emergency Plan (SOPEP) outlining marine pollution mitigation arrangements (including insurance) in the event of a fuel or waste spill.

Article 42

Participation in exploratory fisheries

1. Fishing vessels flying the flag of, and registered in a Member State that have been notified to CCAMLR in accordance with the provisions of Articles 7 and 7a 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 and 58.4.3(b) outside areas of national jurisdiction.

2. No more than one fishing vessel shall fish in Division 58.4.3(b) at any one time.

3. With regard to Subareas FAO 88.1 and 88.2 as well as Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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 XII. 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 Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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 FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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

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 5 000 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 45

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 Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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 44(2); research hauls shall be carried out on, or close to, positions provided by the CCAMLR Secretariat, based on a stratified random design in prescribed areas within that SSRU;

(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 44(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 10 research hauls of the third series, the vessel may continue to fish within the SSRU.

Article 46

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 Subareas FAO 88.1 and 88.2 as well as Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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.

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 47

Tagging programme

1. Without prejudice to Article 7b of Regulation (EC) No 601/2004 each longline vessel shall tag and release Dissostichus spp., continuously while fishing, at a rate specified in the conservation measure for that fishery according to the CCAMLR Tagging Protocol.

2. From the date of entry into force of this Regulation until the end of the 2008/2009 fishing season, each longline vessel shall tag and release skates, continuously while fishing, at a rate specified in the conservation measure for that fishery according to the CCAMLR Tagging Protocol. All tagged skates must be double-tagged and released alive.

3. All toothfish and skate tags for use in exploratory fisheries shall be sourced from the CCAMLR Secretariat.

Article 48

Scientific observers

1. 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.

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

Article 49

Notifications of intent to participate in a krill fishery during the 2009/2010 fishing season

1. Only those Member States which are Members of the CCAMLR Commission may fish for krill in the CCAMLR Convention Area during the 2009/2010 fishing season. By way of derogation from Article 5a of Regulation (EC) No 601/2004, such Member States, if intending to fish for krill in the CCAMLR Convention Area, shall notify the CCAMLR Secretariat and the Commission, of their intention no later than 1 June 2009, immediately prior to the season in which they intend to fish, using the format laid down in Annex XII to this Regulation in order to ensure an appropriate review by the CCAMLR Commission before the vessels commence fishing as well as the net configuration form using the format laid down in Annex XIII.

2. The notification, referred to in paragraph 1 shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.

3. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify vessels flying its flag at the time of the notification.

4. By way of derogation from paragraph 3, Member States shall be entitled to authorise participation in a krill fishery by a vessel other than that notified to CCAMLR in accordance with paragraphs 1 to 3, if the notified vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:

(i) full details of the intended replacement vessel(s) referred to in paragraph 2;

(ii) a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.

5. By way of derogation from paragraphs 3 and 4, Member States shall not authorise a vessel on either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.

Article 50

Precautionary catch limitations on krill fishery for certain sub areas

1. The total combined catch of krill in Statistical Sub areas 48.1, 48.2, 48.3 and 48.4 shall be limited to 3,47 million tonnes in any fishing season. The total catch of krill in Statistical Division 58.4.2 shall be limited to 2,645 million tonnes in any fishing season.

2. Until an allocation of this total catch limit between smaller management units has been defined, based on the advice from the Scientific Committee, the total combined catch in Statistical Sub areas 48.1, 48.2, 48.3 and 48.4 shall be further limited to 620 000 tonnes in any fishing season. The total catch in Division 58.4.2 shall be limited to 260 000 tonnes West of 55oE and 192 000 tonnes East of 55oE in any fishing season.

3. A fishing season shall begin on 1 December and end on 30 November of the following year.

4. Each vessel participating in the krill fishery in Division 58.4.2 shall have at least one scientific observer in accordance with the CCAMLR Scheme of International Scientific Observation or a domestic scientific observer fulfilling the requests in that scheme, and where possible one additional scientific observer on board throughout all fishing activities within the fishing period.

Article 51

Data Reporting System for krill fisheries

1. Catches of krill shall be reported in accordance with Articles 11, 13 and 14 of Regulation (EC) No 601/2004.

2. The operation of the krill fishery shall be carried out in accordance with Article 9 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 (46).

3. Vessels shall use marine mammal exclusion devices on trawls.

4. When the total reported catch in any fishing season is greater than or equal to 80 % of the trigger level of 620 000 tonnes in Sub areas 48.1, 48.2, 48.3 and 48.4 and of 260 000 tonnes west of 55oE and 192 000 tonnes east of 55oE in sub area 58.4.2, catches shall be reported in accordance with Article 11 of Regulation (EC) No 601/2004.

5. In the fishing season following that in which the total catch has been greater than or equal to 80 % of the trigger level, laid down in paragraph 2, catches shall be reported in accordance with Article 11 of Regulation (EC) No 601/2004 when the total catch is greater than or equal to 50 % of that trigger level.

6. Member States shall report to the CCAMLR Executive Secretary, with a copy to the Commission, the total green weight of krill caught and lost.

7. At the end of each fishing season Member States shall obtain from each of its vessels the haul-by-haul data required to complete the ccamlr fine-scale catch and effort data form. It shall transmit those data, in the trawl fisheries form C1 of CCAMLR, to the CCAMLR Executive Secretary and to the Commission not later than 1 April of the following year.

Article 52

Interim prohibition of deep-sea gillnetting

1. For the purpose of this Article the following definition shall apply:

Gillnets are strings of single, double or triple netting walls, vertical, near the surface, in midwater or on the bottom, in which fish will gill, entangle or enmesh. Gillnets have floats on the upper line (headrope) and, in general, weights on the ground-line (footrope). Gillnets consist of single or, less commonly, double or triple netting (known as ‘trammel net’) mounted together on the same frame ropes. Several types of nets may be combined in one gear (for example, trammel net combined with gillnet). These nets can be used either alone or, as is more usual, in large numbers placed in line (‘fleets’ of nets). The gear can be set, anchored to the bottom (known as ‘bottom-set net’) or left drifting, free or connected with the vessel (known as ‘driftnet’).

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

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

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

Article 53

Minimisation of the incidental mortality of seabirds

1. Without prejudice to Article 8 of Regulation (EC) No 601/2004 vessels using exclusively the Spanish method of longline fishing shall release weights before line tension occurs.

2. The following weights may be used:

(a) traditional weights made from rocks or concrete of at least 8,5 kg mass which shall be used, spaced at intervals of no more than 40 m;

(b) traditional weights made from rocks or concrete of at least 6 kg mass which shall be used, spaced at intervals of no more than 20 m; or

(c) solid steel weights, not made from chain links, of at least 5 kg mass which shall be used, spaced at intervals of no more than 40 m.

3. Vessels using exclusively the trotline method shall use weights only at the distal end of the droppers in the trotline. The weights shall be traditional weights of at least 6 kg or solid steel weights of at least 5 kg.

4. Vessels using both the Spanish method referred to in paragraph 1 and the trotline method referred to in paragraph 3 shall use:

(i) for the Spanish method: line weighting in accordance with the provisions in paragraph 1;

(ii) for the trotline method: line weighting which shall consist either of 8,5 kg traditional weights or of 5 kg steel weights attached on the hook-end of all droppers in the trotline at no more than 80 m intervals.

Article 54

Closure of all fisheries

1. Following notification by the CCAMLR Secretariat of the closure of a fishery, Member States shall ensure that all vessels flying their flag and fishing in the area, management area, subarea, division, small-scale research unit or other management unit, subject to the closure notice, shall remove all their fishing gear from the water by the notified closure date and time.

2. On receipt of such notification by the vessel, no further longlines may be set within 24 hours of the notified date and time. If such notification is received less than 24 hours before the closure date and time, no further longlines may be set following receipt of that notification.

3. In the case of closure of the fishery, all vessels shall depart from the fishing area as soon as all fishing gear has been removed from the water.

4. Where a vessel is unable to remove all its fishing gear from the water by the notified closure date and time for reasons relating to:

(i) the safety of the vessel and crew;

(ii) the limitations which may arise from adverse weather conditions;

(iii) sea-ice cover; or

(iv) the need to protect the Antarctic marine environment,

the vessel shall notify the Member State concerned of the situation. The Member States shall promptly notify the CCAMLR Secretariat, and the Commission. The vessel shall nonetheless make all reasonable efforts to remove all its fishing gear from the water as soon as possible.

5. If paragraph 4 applies, Member States shall carry out an investigation of the vessel's actions and, according to its domestic procedures, report the CCAMLR Secretariat and the Commission of its findings, including all relevant matters, no later than the next CCAMLR meeting. The final report shall assess whether the vessel made all reasonable efforts to remove all its fishing gear from the water:

(i) by the notified closure date and time; and

(ii) as soon as possible after the notification referred to in paragraph 4.

6. Where a vessel does not depart from the closed area as soon as all fishing gear has been removed from the water, the flag Member State or vessel shall inform the CCAMLR Secretariat and the Commission.

CHAPTER X

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA

SECTION 1

Authorisation of vessels

Article 55

Authorisation of vessels

1. Member States shall submit electronically, where possible, to the Commission by 1 June 2009, the list of their vessels that are authorised to operate in the SEAFO Convention Area by issue of a fishing authorisation.

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

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

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

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

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

(b) the previous flag (if any);

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

(d) the name and address of owner or owners;

(e) the type of vessel;

(f) the length;

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

(h) the gross register tonnage; and

(i) the power of main engine or engines.

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

Article 56

Obligations for authorised vessels

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

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

Article 57

Unauthorised vessels

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

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

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

SECTION 2

Transhipments

Article 58

Prohibition of transhipments at sea

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

Article 59

In-port Transhipments

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

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

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

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

— the names of the transshipping fishing vessels,

— the names of the receiving vessels,

— the tonnage by species to be transshipped,

— the day and port of transshipment.

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

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

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

8. Each Member State with vessels authorised to fish in the SEAFO Convention Area for species covered by the SEAFO Convention, shall notify by 1 June 2009 to the Commission the details of the transshipments by its flag vessels.

SECTION 3

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

Article 60

Closed areas

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

(a) Sub Division A1 (i) Dampier Seamount 10o00'S 02o00'W 10o00'S 00o00'E 12o00'S 02o00'W 12o00'S 00o00'E; (ii) Malahit Guyot Seamount 11o00'S 02o00'W 11o00'S 04o00'W 13o00'S 02o00'W 13o00'S 04o00'W;

(b) Sub-division B1 Molloy Seamount 27o00'S 08o00'E 27o00'S 10o00'E 29o00'S 08o00'E 29o00'S 10o00'E;

(c) Division C (i) Schmidt-Ott Seamount & Erica Seamount 37o00'S 13o00E 37o00'S 17o00'E 40o00'S 13o00E 40o00'S 17o00'E; (ii) Africana seamount 37o00'S 28o00E 37o00'S 30o00E 38o00'S 28o00E 38o00'S 30o00E; (iii) Panzarini Seamount 39o00'S 11o00'E 39o00'S 13o00'E 41o00'S 11o00'E 41o00'S 13o00'E;

(d) Sub-division C1 (i) Vema Seamount 31o00'S 08o00'E 31o00'S 09o00'E 32o00'S 08o00'E 32o00'S 09o00'E; (ii) Wust Seamount 33o00'S 06o00'E 33o00'S 08o00'E 34o00'S 06o00'E 34o00'S 08o00'E;

(e) Division D (i) Discovery, Junoy, Shannon Seamounts 41o00'S 06o00'W 41o00'S 03o00'E 44o00'S 06o00'W 44o00'S 03o00'E; (ii) Schwabenland & Herdman Seamounts 44o00'S 01o00'W 44o00'S 02o00'E 47o00'S 01o00'W 47o00'S 02o00'E.

Article 61

Resumption of fishing in a closed area

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

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

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

SECTION 4

Measures on reducing incidental by-catch of seabirds

Article 62

Information on interactions with seabirds

Member States shall collect and provide all available information to the Commission by 1 June 2009, on interactions with seabirds, including incidental catches by their fishing vessels, fishing for species covered by the SEAFO Convention.

Article 63

Mitigation measures

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

(a) tori poles shall comply with agreed tori pole design and deployment guidelines, as set out in Part II of Annex XIV;

(b) tori poles shall be deployed prior to longlines entering the water at all times south of the parallel of latitude 30 degrees South;

(c) where practical, vessels shall be encouraged to use a second tori pole and bird-scaring line at times of high bird abundance or activity;

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

2. Longlines shall be set at night only (i.e. during the hours of darkness between the times of nautical twilight (47). During longline fishing at night, only the minimum ship's lights necessary for safety shall be used.

3. The dumping of offal shall be prohibited while gear is being shot or set. The dumping of offal during the hauling of gear shall be avoided. Any such discharge shall take place, where possible, on the opposite side of the vessel to that where the gear is being hauled. For vessels or fisheries where there is no requirement to retain offal on board the vessel, a system shall be implemented to remove fish hooks from offal and fish heads prior to discharge. Nets shall be cleaned prior to shooting to remove items that might attract seabirds.

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

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

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

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

SECTION 5

Technical measures

Article 64

Measures for the protection of deep water sharks

Directed fishing for deep water sharks in the SEAFO Convention Area shall be prohibited.

SECTION 6

Control

Article 65

Special Provisions for Patagonian Toothfish (Dissostichus eleginoides)

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

2. Member States with vessels authorised to fish for Patagonian Toothfish in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.

Article 66

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

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

2. Member States with vessels authorised to fish for Deep-sea Red Crab in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.

Article 67

Special Provisions for Alfonsino (Beryx spp.)

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

2. Member States with vessels authorised to fish for Alfonsino in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.

Article 68

Special Provisions for Orange Roughy (Hoplostethus atlanticus)

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

2. Member States with vessels authorised to fish for Orange Roughy in the SEAFO Convention Area shall provide detailed catch and effort data to the Commission, and the SEAFO Secretariat, no later than 30 June 2009.

Article 69

Communication of vessel movements and catches

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

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

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

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

Article 70

Scientific observation and collection of information to support stock assessment

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

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

3. The information referred to in this Article shall, to the greatest extent possible, be collected and verified by designated observers by 30 June 2009.

Article 71

Sightings of non-Contracting Party vessels

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

(a) the name of the vessel;

(b) the registration number of the vessel;

(c) the flag State of the vessel;

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

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

SECTION 7

Protection of Vulnerable Marine Ecosystems

Article 72

Use of terms

For the purpose of this Section, the following definitions shall apply:

(1) ‘bottom fishing activities’ means fishing activities where the fishing gear is likely to contact the seafloor during the normal course of fishing operations;

(2) ‘existing bottom fishing areas’ means areas where VMS data and/or other available geo-reference data indicate that bottom fishing activities have been conducted within a reference period of 1987 to 2007;

(3) ‘new bottom fishing areas’ means areas within the SEAFO Regulatory Area other than existing bottom fishing areas;

(4) ‘exploratory fisheries’ means fisheries conducted in new bottom fishing areas;

(5) ‘marine ecosystem’ means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit;

(6) ‘Vulnerable Marine Ecosystem (VME)’ means any marine ecosystem whose integrity (i.e. ecosystem structure or function) is, according to the best scientific information available and to the principle of precaution, threatened by significant adverse impacts resulting from physical contact with bottom gears in the normal course of fishing operations, including reefs, seamounts, hydrothermal vents, cold water corals or cold water sponge beds. The most vulnerable ecosystems are those that are easily disturbed and that are very slow to recover, or may never recover;

(7) ‘significant adverse impacts’ means impacts (evaluated individually, in combination or cumulatively) which compromise ecosystem integrity in a manner that impairs the ability of affected populations to replace themselves and that degrades the long-term natural productivity of habitats, or causes on more than a temporary basis significant loss of species richness, habitat or community types;

(8) ‘bottom gears’ means gears deployed in the normal course of fishing operations in contact with the seabed, including bottom trawls, dredges, bottom-set gill nets, bottom-set longlines, pots and traps;

(9) ‘VME encounter’ means an encounter by a vessel with VME indicator organisms occurring above the threshold level of a catch per set of more than 100 kg of live coral and/or 1 000 kg of live sponge

(10) ‘VME indicator organisms’ means corals and sponges;

(11) ‘Indicator species of coral’ means antipatharians, gorgonians, cerianthid anemone fields, lophelia, or sea pen fields.

Article 73

Identification of existing bottom fishing areas

Member States with vessels involved in bottom fishing activities in the period of 1987-2007 in the SEAFO Convention Area shall submit comprehensive maps of existing fishing areas to the Commission by 1 April 2009. The Commission shall forward these maps to the Executive Secretary of SEAFO without delay. Maps shall be based on VMS data and/or other available geo-reference data and expressed in the most precise spatial and temporal resolution as possible.

Article 74

Bottom fishing activities in new bottom fishing areas

1. As from 1 November 2009, all exploratory fisheries or fishing activities with bottom gear not previously used in the existing fishing area concerned shall be conducted in accordance with the requirements set out in an Exploratory Bottom Fisheries Protocol.

2. The Exploratory Bottom Fisheries Protocol referred to in paragraph 1 shall be developed by each Member State concerned and include the following:

(a) a harvesting plan which outlines target species, dates and areas. Area and effort restrictions shall be considered to ensure fisheries occur on a gradual basis in a limited geographical area;

(b) where possible, an initial assessment of the known and anticipated impacts of its bottom fishing activities on Vulnerable Marine Ecosystems;

(c) a mitigation plan including measures to prevent significant adverse impact to Vulnerable Marine Ecosystems that may be encountered during the fishery;

(d) a catch monitoring plan that includes recording/reporting of all species caught. The recording/reporting of catch shall be sufficiently detailed to conduct an assessment of activity, if required;

(e) a data collection plan to facilitate the identification of Vulnerable Marine Ecosystems/species in the area fished.

3. As from the date referred to in paragraph 1, exploratory fisheries or fishing activities with bottom gear not previously used in the existing fishing area shall not commence until the information outlined in paragraph 2 has been provided by the Member States to the SEAFO Executive Secretary via the Commission.

4. Member States shall provide a report of the results of bottom fishing activities to the SEAFO Secretary via the Commission.

Article 75

Assessment of bottom fishing activities in new and existing areas

1. Member States whose vessels conduct or intend to conduct bottom fishing activities in the SEAFO Regulatory Area shall carry out an assessment of the known and anticipated impacts of those activities on Vulnerable Marine Ecosystems. Such an assessment shall aim at determining if such activities, taking account of the history of bottom fishing activities in the SEAFO Regulatory Area, would have a significant adverse impact on Vulnerable Marine Ecosystems.

2. For the purposes of the implementation of the assessment referred to in paragraph 1, Member States shall rely on the best scientific and technical information available concerning the location of Vulnerable Marine Ecosystems in the areas in which their fishing vessels intend to operate. That information shall include, where available, scientific data on the basis of which the likelihood of occurrence of such ecosystems can be estimated.

3. Member States shall submit their assessment referred to in paragraphs 1 and 2 to the Commission and SEAFO Secretariat as soon as possible but not later than 1 September 2009. This submission shall also include a description of the mitigation measures intended to prevent significant adverse impacts on Vulnerable Marine Ecosystems and be carried out in accordance with guidance developed by the SEAFO Scientific Committee, as available.

Article 76

Scientific Observers

1. In addition to the requirement set out in Article 70, Member States shall ensure that vessels flying their flag and conducting exploratory fisheries in accordance with Article 74 have a scientific observer on board. Observers shall collect data in accordance with a Vulnerable Marine Ecosystem Data Collection Protocol.

2. The Observers collecting data in accordance with the Vulnerable Marine Ecosystem Data Collection Protocol referred to in paragraph 1 shall:

(a) monitor any set for evidence of VMEs and the presence of vulnerable marine species;

(b) record the following information for identification of VMEs: vessel name, gear type, date, position (latitude/longitude), depth, species code, trip-number, set-number, and name of the observer on datasheets;

(c) collect representative biological samples from the entire catch. Biological samples shall be collected and frozen when requested by the scientific authority in a flag Member State or by the Commission;

(d) transmit samples to the scientific authority of a flag Member State at the end of the fishing trip.

Article 77

VME encounters

1. Vessels flying Community flag conducting bottom fishing activities within the SEAFO Regulatory Area shall comply with the following:

(a) where a VME encounter is suspected based on the available information, in particular where significant quantities of VME indicator organisms are present in the catch, the vessels shall quantify catch of VME indicator organisms. Observers deployed in accordance with Article 74 shall identify corals, sponges and any other VME organisms to the lowest possible taxonomical level and apply the Exploratory Bottom Fisheries Protocol as provided for in Article 74(2) and SEAFO catch sampling forms. Observers shall submit SEAFO trip summary reports to flag Member States which without delay shall forward the information to the SEAFO Secretariat via the Commission;

(b) where a VME encounter is confirmed, on the basis of measures taken under point (a), the vessel master shall: (i) report the incident to the flag Member State, which without delay shall forward the information to the Commission and the SEAFO Executive Secretary. The Commission shall immediately request Member States to alert all Community vessels authorised to operate in the SEAFO Regulatory Area, (ii) cease fishing, haul the gear, and move away at least two nautical miles from the endpoint of the tow/set in the direction least likely to re