8.

Annex III is amended as follows: (a) in point 5c, 5c.1, 5c.2 and 5c.3 the words ‘North Sea, Skagerrak and Eastern Channel’ are replaced by ‘Eastern Channel’; (b) the following point 5e is inserted: ‘5e. Real time closures in the North Sea and Skagerrak 5e.1. For the purpose of this point: (a) the following shall be considered as juveniles: — specimens of cod smaller than 35 cm, — specimens of haddock smaller than 30 cm, — specimens of saithe smaller than 35 cm, — specimens of whiting smaller than 27 cm; (b) the trigger level shall be 15 % by weight of juveniles with respect to the total of the four species mentioned in paragraph a). However, if the quantity of cod in the sample exceeds 75 % with respect to the total of the four species, the trigger level shall be 10 %. 5e.2. Member States shall identify areas where there is a risk of catching juveniles in excess of the trigger levels. 5e.3. In the areas identified in accordance with point 5e.2, Member States shall carry out inspections to measure whether the percentage of juveniles exceeds the trigger level, including through Joint Deployment Plans. For this purpose, Member States shall: (a) take and measure samples of cod, haddock, saithe and whiting from a haul in accordance with provisions in Appendix 7 to this Annex; (b) document each sampling by completing a sampling report as set out in Appendix 8 to this Annex and send it to the Costal State. Member States may invite other countries undertaking inspection in the area concerned to carry out samples on their behalf. 5e.4. The Coastal Member State concerned shall publicise without delay on its website the position at which the sample referred to in point 5e.3(a) was taken, the time it was taken and the quantity of juveniles as a percentage of the total catch of cod, haddock, saithe and whiting in weight. The percentage shall be publicised both by species and as a total of the four species. 5e.5. When a sample referred to in point 5e.3(a) shows a percentage of juveniles that exceeds the trigger level, the Coastal Member State concerned shall prohibit fishing in that area with any fishing gear other than pelagic trawls, purse seines, driftnets and jiggers targeting herring, mackerel, horse mackerel, pots and scallop dredges and gillnets. The closed area shall be based on the following criteria: — the area shall have 4, 5 or 6 joining points, — the midpoint of the fishing operation or operations with samples above the trigger level shall equal the midpoint of the closed area, — when the closed area is based on one sample and lies outside the waters up to 12 miles from the baselines under the jurisdiction and sovereignty of the concerned Member State, it shall be 50 square miles, and, — there shall be a maximum of 3 closures simultaneously in the Skagerrak. 5e.6. The prohibition referred to in point 5e.5 shall: — enter into force 12 hours following the decision by the concerned Member State, and, — apply for 21 days after which it shall automatically cease to apply at midnight UTC. 5e.7. By way of derogation from point 5e.5, when the percentage is slightly above the trigger level or the haul due to its total size, catch composition or size distribution cannot be regarded as representative, the Coastal Member State may, within 48 hours from the moment that the initial sample was taken, seek further information including inspections of additional hauls, before taking a decision in accordance with point 5e.5. 5e.8. If the area to be closed includes areas under the jurisdiction or sovereignty of different Member States or third countries, the Member State that has established the exceeded trigger level shall without delay inform the concerned neighbouring Member States and third countries of the findings and the prohibition decided in accordance with point 5e.5. The neighbouring Member State shall close their part of the area without delay. 5e.9. The Coastal Member State shall without delay: (a) make the details of the prohibition established in accordance with point 5e.5 available on its website; (b) inform vessels in the vicinity of the area to the extent possible; and (c) inform the Commission and the FMCs, as referred to in Article 3 of Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite based Vessel Monitoring Systems (17), of the other Member States and third countries with vessels fishing in that area by e-mail of the prohibition established in accordance with point 5e.5. Member States shall take the necessary measures to ensure that their FMCs inform the vessels flying their flag that are affected by the prohibition. 5e.10. Upon request, the Costal Member State concerned shall provide the Commission with the detailed sampling reports and justifications underlying the decision taken in accordance with point 5e.5. Where the Commission considers that this decision is not sufficiently justified, it may request the Member State to cancel or amend the decision with immediate effect. (c) the following paragraph is added at the end of point 6.6: ‘This derogation shall not apply within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: 59° 05′ N, 06° 45′ W 59° 30′ N, 06° 00′ W 59° 40′ N, 05° 00′ W 60° 00′ N, 04° 00′ W 59° 30′ N, 04° 00′ W 59° 05′ N, 06° 45′ W.’; (d) the following point 9a is inserted: ‘9a. Special measures for the redfish fishery in the Irminger Sea and adjacent waters 9a.1 The measures set out in this point 9a shall apply to the fishery for redfish (Sebastes spp.) in international waters of ICES zone V and EC waters of ICES zones XII and XIV bounded by the following coordinates (hereinafter referred to as the “Redfish Conservation Area”): Point No Latitude N Longitude W 1 64° 45 28° 30 2 62° 50 25° 45 3 61° 55 26° 45 4 61° 00 26° 30 5 59° 00 30° 00 6 59° 00 34° 00 7 61° 30 34° 00 8 62° 50 36° 00 9 64° 45 28° 30 9a.2 In addition to the data required under Article 5(1) of Regulation (EC) No 2791/1999, masters of fishing vessels shall record in their fishing logbooks each entry and exit from the Redfish Conservation Area and the cumulative catches retained on board. The record shall identify the area by the specific code “RCA”. 9a.3 Masters of fishing vessels engaged in the fishery in the Redfish Conservation Area, shall transmit the catch report provided for in Article 6(1)(a) of Regulation (EC) No 2791/1999, on a daily basis after the fishing operations of that calendar day have been completed. It shall indicate the catches on board taken since the last communication of catches. 9a.4 In addition to information required under Article 6(1)(a) of Regulation (EC) No 2791/1999, the masters of fishing vessels shall communicate the catch on board taken since the last communication of catches prior to entering and exiting the Redfish Conservation Area. 9a.5 The reports referred to in points 9a.3 and 9a.4 shall be made in accordance with Annex I to Regulation (EC) No 1085/2000. Reports of catches taken in the Redfish Conservation Area shall indicate the code “RCA” as the relevant area. 9a.6 Without prejudice to Article 39a of this Regulation, the label or stamp identifying redfish caught in the Redfish Conservation Area shall bear the specific code “RCA”. 9a.7 Buyers or holders of fish shall ensure that any quantity of redfish caught in the Redfish Conservation Area and first landed into a Community port or transhipped is weighed when landed or transhipped. 9a.8 It shall be prohibited to use trawls with a mesh size of less than 100 mm. 9a.9 The conversion factor to be applied to the gutted and headed presentation, including Japanese cut, of redfish caught in the Redfish Conservation Area shall be 1,70.’; (e) point 15.1 is replaced by the following: ‘15.1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system: Part of the Reykjanes Ridge: — 55° 04,5327′ N, 36° 49,0135′ W, — 55° 05,4804′ N, 35° 58,9784′ W, — 54° 58,9914′ N, 34° 41,3634′ W, — 54° 41,1841′ N, 34° 00,0514′ W, — 54° 00,0′ N, 34° 00,0′ W, — 53° 54,6406′ N, 34° 49,9842′ W, — 53° 58,9668′ N, 36° 39,1260′ W, — 55° 04,5327′ N, 36° 49,0135′ W, Northern MAR Area: — 59° 45′ N, 33° 30′ W, — 57° 30′ N, 27° 30′ W, — 56° 45′ N, 28° 30′ W, — 59° 15′ N, 34° 30′ W, — 59° 45′ N, 33° 30′ W, Middle MAR Area (Charlie-Gibbs Fracture zone and Subpolar Frontal Region): — 53° 30′ N, 38° 00′ W, — 53° 30′ N, 36° 49′ W, — 55° 04,5327′ N, 36° 49′ W, — 54° 58,9914′ N, 34° 41,3634′ W, — 54° 41,1841′ N, 34° 00′ W, — 53° 30′ N, 34° 00′ W, — 53° 30′ N, 30° 00′ W, — 51° 30′N, 28° 00′W, — 49° 00′ N, 26° 30′ W, — 49° 00′ N, 30° 30′ W, — 51° 30′ N, 32° 00′ W, — 51° 30′N, 38° 00′ W, — 53° 30′ N, 38° 00′ W, Southern MAR Area — 44° 30′ N, 30° 30′ W, — 44° 30′N, 27° 00′ W, — 43° 15′ N, 27° 15′ W, — 43° 15′ N, 31° 00′ W, — 44° 30′ N, 30° 30′ W, The Altair Seamounts: — 45° 00′ N, 34° 35′ W, — 45° 00′ N, 33° 45′ W, — 44° 25′ N, 33° 45′ W, — 44° 25′ N, 34° 35′ W, — 45° 00′ N, 34° 35′ W, The Antialtair Seamounts: — 43° 45′ N, 22° 50′ W, — 43° 45′ N, 22° 05′ W, — 43° 25′ N, 22° 05′ W, — 43° 25′ N, 22° 50′ W, — 43° 45′ N, 22° 50′ W, Hatton Bank: — 59° 26′ N, 14° 30′ W, — 59° 12′ N, 15° 08′ W, — 59° 01′ N, 17° 00′ W, — 58° 50′ N, 17° 38′ W, — 58° 30′ N, 17° 52′ W, — 58° 30′ N, 18° 22′ W, — 58° 03′ N, 18° 22′ W, — 58° 03′ N, 17° 30′ W, — 57° 55′ N, 17° 30′ W, — 57° 45′ N, 19° 15′ W, — 58° 30′ N, 18° 45′ W, — 58° 47′ N, 18° 37′ W, — 59° 05′ N, 17° 32′ W, — 59° 16′ N, 17° 20′ W, — 59° 22′ N, 16° 50′ W, — 59° 21′ N, 15° 40′ W, North West Rockall: — 57° 00′ N, 14° 53′ W, — 57° 37′ N, 14° 42′ W, — 57° 55′ N, 14° 24′ W, — 58° 15′ N, 13° 50′ W, — 57° 57′ N, 13° 09′ W, — 57° 50′ N, 13° 14′ W, — 57° 57′ N, 13° 45′ W, — 57° 49′ N, 14° 06′ W, — 57° 29′ N, 14° 19′ W, — 57° 22′ N, 14° 19′ W, — 57° 00′ N, 14° 34′ W, — 56° 56′ N, 14° 36′ W, — 56° 56′ N, 14° 51′ W, — 57° 00′ N, 14° 53′ W, South-West Rockall (Empress of Britain Bank): — 56° 24′ N, 15° 37′ W, — 56° 21′ N, 14° 58′ W, — 56° 04′ N, 15° 10′ W, — 55° 51′ N, 15° 37′ W, — 56° 10′ N, 15° 52′ W, — 56° 24′ N, 15° 37′ W, Logachev Mound: — 55° 17′ N 16° 10′ W, — 55° 33′ N 16° 16′ W, — 55° 50′ N 15° 15′ W, — 55° 58′ N 15° 05′ W, — 55° 54′ N 14° 55′ W, — 55° 45′ N 15° 12′ W, — 55° 34′ N 15° 07′ W, — 55° 17′ N 16° 10′ W, West Rockall Mound: — 57° 20′ N, 16° 30′ W, — 57° 05′ N, 15° 58′ W, — 56° 21′ N, 17° 17′ W, — 56° 40′ N, 17° 50′ W, — 57° 20′ N, 16° 30′ W.’; (f) the following point 19a is inserted: ‘19a. Conditions for third-country vessels fishing for mackerel in EC waters The following provisions shall apply to third-country vessels intending to fish for mackerel in EC waters: (a) vessels may only commence their fishing trip after having received authorisation from the competent authority of the coastal Member State concerned. Such vessels shall only enter EC waters after passing through one of the following control areas: — ICES rectangle 48 E2 in Division Via, — ICES rectangle 50 F1 in Division Iva, — ICES rectangle 46 F1 in Division IVa. At least four hours prior to entering one of the control areas, upon entering EC waters, the master of the vessel shall contact the UK Fisheries Monitoring Centre (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+ 44 131 271 9700). The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel will enter EC waters. The vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the fishing trip is terminated; (b) vessels that enter EC waters with no catch on board shall be exempt from the requirements laid down in point (a); (c) the fishing trip shall be considered as being terminated when the vessel leaves EC waters or enters a Community port where its catch is fully discharged. Vessels shall only leave the EC waters after passing through one of the control areas. Upon leaving EC waters, the master of the vessel shall give at least two hours prior notification of entering one of the control areas to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in paragraph a). The notification shall specify the name, international radio call sign and port letters and number (PLN) of the vessel, the total quantity by species on board and the control area through which the vessel intends to pass. The vessel shall not leave the control area until it has received acknowledgement of the notification and instructions on whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves the EC waters.’; (d) the following Appendixes shall be added to Annex III: ‘Appendix 7 to Annex III Sampling Methodology Samples shall be taken and measured in accordance with following provisions: — Samples should be taken and measured in close cooperation with the master of fishing vessel and his crew. They should be encouraged to participate in the process. They should also be encouraged to share any information that could be relevant with respect to the delimitation of a closed area. — The total catch in the haul shall be estimated. — A sample shall be taken when it is estimated that at least 300 kg of cod, haddock, saithe and whiting are present in one haul. — The minimum size of the sample shall be 200 kg of cod, haddock, saithe and whiting. — The sample must be taken in such a way that it reflects the catch composition with respect to the four species. — When appropriate due to the size of the catch the sample should be taken in the beginning, the middle and the end of the catch. — The quantity of juveniles shall be calculated as a percentage by species and as a total of all four species. — The sampling report shall be duly completed immediately after the sample has been measured. The report shall then be sent to the Coastal State.’ ‘Appendix 8 to Annex III