[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 5.12.2006

COM(2006) 774 final

Proposal for a

COUNCIL REGULATION

fixing for 2007 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL |

Grounds for and objectives of the proposal The annual fishing opportunities Regulation is the main instrument of the conservation policy under the Common Fisheries Policy. It has become increasingly complex over the last few years. This is due to the introduction of fishing effort limitations under recovery plans and to the inclusion of temporary measures and derogations to other legislation (such as the technical measures Regulation, the Regulation for restricting fishing effort on deep sea species, etc.). Mixed fisheries considerations increase the complexity by linking the setting of some TAC for species caught in the same fisheries. The scientific advice for most of the stocks covered by the fishing opportunities regulation was made available by the International Council for the Exploration of the Sea (ICES) on 20 October 2006 and the Commission’s Scientific, technical and Economic Committee for Fisheries (STECF) met from 6 - 10 November 2006. Their reports constitute the basis for this proposal. The advice from ICES once more underlines the poor state of many fish resources in Community waters. A majority of stocks are exploited at levels in excess of those corresponding to maximum potential yield. Many are exploited beyond precautionary levels, and a number of key stocks, including most cod stocks, are exploited at levels corresponding to a very high risk of reproductive failure. Council Regulation (EC) No 2371/2002 requires the Commission to propose annually the catch end fishing effort limitations to ensure that Community fisheries are ecologically, economically and socially sustainable. |

General context Fishery resources are, in many cases, overexploited, due to different factors among which the main one is excess fishing. Every year the Council establishes catch limitations but the real level of catches continues to be, in many cases, higher than that providing sustainable yields. This results from catch limitations being fixed sometimes at levels that are too high to ensure sustainability and to the poor enforcement of these catch limitations in a number of cases. In recent years, effort limitations have been introduced in some fisheries to reinforce catch limitations, and multi-annual recovery plans have been introduced for some stocks to establish annual catch limitations within a framework of achieving sustainability through a gradual reduction of fishing mortality. Failure to effectively control catches and fishing effort will result in a further depletion of fishery resources. Such depletion is incompatible with the objective of the Common Fisheries Policy of achieving sustainable fisheries in the Community |

Existing provisions in the area of the proposal The existing provisions in the area of the proposal expire on 31 December 2006. |

Consistency with other policies and objectives of the Union The measures proposed are designed in accordance with the objectives of the Common Fisheries Policy and are consistent with the Community's policy on sustainable development. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

Consultation methods, main sectors targeted and general profile of respondents The proposal takes into account consultations made with the Regional Advisory Councils that have already been established, with the Advisory Committee on Fisheries and Aquaculture ('ACFA' is composed of representatives from professional organisations representing the production sector, the processing industry and trade in fishery and aquaculture products as well as non-professional organisations representing the interests of consumers, the environment and development) and with the Committee for Fisheries and Aquaculture. These consultations have taken place on the basis of the Communication from the Commission to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246final), which sets out the principles for the so called front-loading process, and on the Communication from the Commission to the Council on fishing opportunities for 2007 (COM(2006)499final), which set out the views and intentions of the Commission concerning its proposals for TACs and Quotas, pending the scientific advice on the state of the stocks for 2007. |

Summary of responses and how they have been taken into account Regional Advisory Councils insist on the need to ensure that any changes in the annual TACs and Quotas are gradual, in order to minimise short-term disruption of the economic activity. As is made clear in the detailed explanation of the proposal below, the principle of gradual adjustment and limitation of annual changes in fishery possibilities has been incorporated with the proposal. |

Collection and use of expertise |

Scientific/expertise domains concerned Fisheries biology and fisheries economics. |

Methodology used Consultation of an independent international scientific body, ICES, and organisation of the plenary meeting of the STECF. |

Main organisations/experts consulted - International Council for the Exploration of the Sea (ICES), October 2006. - Scientific, Technical and Economic Committee for Fisheries (STECF), November 2006. |

Summary of advice received and used The existence of potentially serious risks with irreversible consequences has been mentioned. There is unanimity on the existence of such risks. |

STECF confirms, and has in some cases developed, the advice provided by ICES |

Means used to make the expert advice publicly available All STECF reports are available, after formal adoption by the Commission on the DG Fish website. |

Impact assessment Catch and effort limitation measures must be adopted by public authorities, as required by Article 20 of Council Regulation (EC) No 2371/2002. The proposed measures will, if implemented, result in an overall reduction in fishing opportunities for Community vessels. The proposal does not only comprise of short-term decisions but is also part of a longer term approach whereby the level of fishing is gradually reduced to long-term sustainable levels. The approach taken in the proposal will in the short-term result in reduced TACs but as the overexploited stocks recover the catching possibilities will increase. The medium- to long-term consequences of the approach are predicted to be a reduced impact on the environment as a consequence of the decline in fishing effort, reductions in the catching sector in terms of number of vessels and/or in the average fishing effort per vessel, and unchanged or increased landings. |

LEGAL ELEMENTS OF THE PROPOSAL |

Summary of the proposed action The proposal establishes the catch and effort limitations applicable to Community fisheries and to international fisheries where Community vessels participate, in order to achieve the objective of the Common Fisheries Policy of ensuring fisheries at levels that are biologically, economically and socially sustainable. |

Legal basis Article 20 of Regulation (EC) No 2371/2002 |

Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle The proposal complies with the proportionality principle for the following reason. |

The Common Fisheries Policy is a common policy and should therefore be implemented through Council Regulations. The Council Regulation in question allocates fishing opportunities to Member States but they are entirely free to allocate such opportunities among regions or operators as they see fit, so Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities. |

The proposal has no new financial implications for Member States. This Regulation is adopted by Council every year, and the public and private means to implement it are already in place. |

Choice of instruments |

Proposed instruments: Regulation. |

Other means would not be adequate for the following reason: This is a proposal for fisheries management which, according to Council Regulation (EC) No 2371/2002, should be implemented through an annual Council Regulation by qualified majority. |

BUDGETARY IMPLICATION |

The proposal has no implication for the Community budget. |

ADDITIONAL INFORMATION |

Simplification |

The proposal provides for simplification of administrative procedures for public authorities (EU or national). |

As regards requirements for data transmission on the application of the effort management, Member States are no longer required to submit data regularly but to collect such data and make them available to the Commission upon request. |

Review/revision/sunset clause |

The proposal includes a revision clause. |

Detailed explanation of the proposal As regards catch limitations and effort management, the proposal is in accordance with the principles for the so called front-loading process which are set out in the Communication from the Commission to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246final) and in the Communication from the Commission to the Council on fishing opportunities for 2007 (COM(2006)499final), which set out the views and intentions of the Commission concerning its proposals for TACs and Quotas, pending the scientific advice on the state of the stocks for 2007. In accordance with the front-loading process, consultations of stakeholders and Member States have taken place during the year. The proposal is furthermore in line with the Communication from the Commission to the Council and the European Parliament on implementing sustainability in EU fisheries through maximum sustainable yield (COM(2006)360final). This line is consistent with the commitment of the Community and the Member States at the World Summit on Sustainable Development at Johannesburg to maintain or restore stocks to levels that can produce the maximum sustainable yield, with the aim of achieving these goals for depleted stocks on an urgent basis, and where possible not later than 2015. As regards cod stocks under the Community cod recovery plan, next year's TAC and quota proposal will seriously take into account the assessment of the biological status of the stocks further to the implementation of the 2007 TACs. The proposal includes catch limitations agreed in the context of certain Regional Fishery Organisations. Catch limitations and other recommendations from the International Commission for the Conservation of Atlantic Tunas (ICCAT) are pending the annual meetings of this organisation in November. TACs for stocks in Greenland waters, as well as stocks shared jointly with Norway, are not available yet, pending the conclusion of consultations in November and December. These TACs are presented as pro memoria (pm). It is also to be noted that in Annex II, which concerns fishing effort for vessels in the context of the recovery of certain stocks, including cod, the maximum number of days a vessel may be present in an area are also currently indicated as pm, as the Commission is still analyzing the information from the STECF as regards the application of Annex II in 2006. The methodology for fixing the final fishing effort for the fisheries on sandeel in zones IIIa and IV and EC waters of IIa is also still being analyzed. As regards effort management for deep-sea stocks, the Council adopted in December 2005 a 10% reduction of the effort on deep-sea species, as compared with the 2004 levels. This reduction, however, is lower than the 30% required by the North East Atlantic Fishery Commission (NEAFC). A further reduction of 20% is necessary, both to meet the Community’s international obligations and to protect stocks that, as ICES has underlined for several years, are extremely fragile and in need of urgent protection due to their extremely low reproductive rate. In-year management systems are maintained for endangered stocks such as anchovy in the Bay of Biscay and sandeel, Norway pout and sprat in the North sea. In these cases, no fishing is proposed for the early part of 2007. Only if scientific data show that the stocks in question have reached an abundance that could sustain a commercial fishery will these fisheries be reopened, through fast-track Commission Regulations. Pending the adoption of the proposed Council Regulation concerning management measures for the sustainable exploitation of fisheries resources in the Mediterranean Sea, which is expected during 2007, the Commission proposes to allow the current derogations for certain fisheries in the area to be extended for 2007 only. |

1. Proposal for a

COUNCIL REGULATION

fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy[1], and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas[2], and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks[3], and in particular Articles 6 and 8 thereof,

Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock[4], and in particular Article 5 thereof,

Having regard to 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 and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms[5], and in particular Articles 5 and 6 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[6], and in particular Article 4 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[7], Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels[8], Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels[9], 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[10], Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy[11], Council Regulation (EC) No 1626/94 of 27 June 1994 laying down certain technical measures for the conservation of fishery resources in the Mediterranean[12], Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits[13], Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms[14], 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[15], Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species[16], Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks[17], 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[18], Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems[19], Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks[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], Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock[22], 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 and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms[23], 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[24] and Council Regulation (EC) No …/2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks[25].

(7) It is necessary, following the advice from the International Council for the Exploration of the Sea (ICES), to maintain the application of a temporary system to manage the catch limits of anchovy in ICES zone VIII.

(8) 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 and EC waters of zone IIa.

(9) 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.

(10) 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.

(11) At its Annual Meeting in 2006, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of technical and control measures. It is necessary to implement these measures.

(12) At its XXVth annual meeting in 2006, the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted relevant catch limits for the stocks open to established fisheries by any CCAMLR Member. CCAMLR also approved the participation of Community vessels in exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2, 58.4.3a) and 58.4.3b) and made the relevant fishing activities subject to catch and by-catch limits, as well as to certain specific technical measures. Those limits and technical measures should also be applied.

(13) In order to comply with international obligations assumed by the Community as a Contracting Party to the CCAMLR, including the obligation to apply the measures adopted by the CCAMLR Commission, the TACs adopted by that Commission for the 2006-2007 season and the corresponding season limit dates should be applied.

(14) In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas[26], the stocks that are subject to the various measures referred to therein must be identified.

(15) 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[27], the Faroe Islands[28] and Greenland[29].

(16) The Community is a contracting party to several regional fisheries organisations. Those fisheries organisations have recommended the setting of catch limitations and/or effort limitations and other conservation rules for certain species. Such recommendations should therefore be implemented by the Community.

(17) For the adjustment of fishing effort limitations on cod as laid down in Regulation (EC) No 423/2004 alternative arrangements are maintained in order to manage fishing effort consistently with the TAC, as laid down in Article 8(3) of the said Regulation.

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

(19) Scientific advice indicates that the stock of plaice and sole in the North Sea are not fished sustainably and that levels of discards of plaice are very high. Scientific advice and advice from the North Sea Regional Advisory Council indicates that it is appropriate to adjust the fishing opportunities in terms of fishing effort of vessels targeting plaice.

(20) Scientific advice recommends the adoption of a recovery plan for the stocks of sole in the Western channel, it is necessary to apply a provisional effort management scheme, while the Council is considering a long-term arrangement. 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 needs to be adapted.

(21) In order to contribute to the conservation of fish stocks, certain supplementary measures on control and technical conditions of fishing should be implemented in 2007.

(22) Article 2 of Regulation (EC) No 1434/98 does not ensure that the catches of herring are limited to the catch limits fixed for the species. It is therefore necessary to maintain transitional measures ensuring an appropriate monitoring and counting of herring in unsorted landings.

(23) Scientific investigations have demonstrated that the fishing practices when fishing with gillnets and entangling nets in ICES zones VIa, VIb, VIIb, VIIc, VIIj, VIIk 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.

(24) In order to ensure sustainable exploitation of the hake stocks and to reduce discards, the latest developments on selective gears should be maintained as transitional measures in ICES zones VIIIa, VIIIb and VIIId.

(25) The control of landings and transhipments of frozen fish by third country fishing vessels landed in Community ports needs to be improved. In November 2006 the North-East Atlantic Fisheries Commission (NEAFC) adopted a recommendation involving port State control. Implementation of the recommendation to be applied to all third country vessels landing or transhipping in Community ports in the Community legal order should be ensured.

(26) In November 2006 the NEAFC recommended replacing a number of vessels on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries. Implementation of the recommendations in the Community legal order should be ensured.

(27) In order to contribute to the conservation of octopus and in particular to protect the juveniles, it is necessary to maintain, in 2007, a minimum size of octopus from the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region pending the adoption of a regulation amending Regulation (EC) No 850/98.

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

(29) At its Annual Meeting in 2006, the Inter-American Tropical Tuna Commission (IATTC) adopted catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna. Although the Community is not a member of the IATTC, it is necessary to implement those measures to ensure sustainable management of the resource under the jurisdiction of that Organisation.

(30) At its Second Annual Meeting, the Western and Central Pacific Fisheries Commission (WCPFC) adopted effort limitations for yellowfin tuna, bigeye tuna, skipjack tuna and south pacific albacore, as well as technical measures as regards the treatment of by-catches. The Community is a member of the WCPFC since January 2005. It is therefore necessary to implement those measures into Community law to ensure sustainable management of the resource under the jurisdiction of that Organisation.

(31) [At its Annual Meeting in 2006, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, the ICCAT adopted a Decision observing that during the year 2004, the Community had under-exploited its quota for several stocks].

(32) [In order to respect the adjustments to the Community quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from the under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key concerning the annual allocation of TACs].

(33) [At its Annual Meeting in 2006, the ICCAT adopted a number of technical measures for certain stocks of highly migratory species in the Atlantic and the Mediterranean, specifying inter alia a new minimum size for bluefin tuna, restrictions on fishing within certain areas and time periods in order to protect bigeye tuna, measures concerning sport and recreational fishing activities in the Mediterranean Sea and the establishment of a sampling programme for the estimation of the size of the caged bluefin tuna. In order to contribute to the conservation of fish stocks it is necessary to implement these measures in 2007 pending the adoption of a regulation amending Regulation (EC) No 973/2001.]

(34) At its 2006 Annual Meeting, the South East Atlantic Fisheries Organisation (SEAFO) adopted conservation measures to close certain areas from 1 January 2007 in order to protect vulnerable deep-sea habitats, the prohibition of transhipments at sea in the Convention Area to fight IUU Fishing activities, an interim control scheme amending the Interim Arrangement annexed to the SEAFO Convention, incorporating the Conservation Measures adopted at the 2005 Annual Meeting, and technical measures to reduce the incidental mortality of seabirds in association with fishing activities. These measures are binding on the Community and should therefore be implemented.

(35) It is no longer appropriate to provide fishing opportunities for vessels flying the flag of Barbados, Guyana, Surinam, Trinidad and Tobago, Japan and Korea in French Guyana waters due to under-utilization of fishing opportunities, this should be reflected in the specific provisions concerning the Department of French Guyana.

(36) 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.

(37) In order to ensure the livelihood of Community fishermen and in order to avoid endangering resources and any possible difficulty due to the lapsing of Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required[30], it is essential to open those fisheries on 1 January 2007 and maintain in force in January 2007 some of the rules of the said Regulation. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

HAS ADOPTED THIS REGULATION:

CHAPTER IScope and definitions

Article 1 Subject matter

This Regulation fixes fishing opportunities for the year 2007, 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 2008, and for certain Antarctic stocks it fixes the fishing opportunities and specific conditions for the periods set out in Annex IE.

Article 2Scope

1. If not otherwise provided for, this Regulation shall apply to:

2. Community fishing vessels ("Community vessels"); and

3. Fishing vessels flying the flag of, and registered in, third countries ("third-country fishing vessels") in Community waters ("EC waters").

2. By way of derogation from paragraph 1, this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State concerned and of which the Commission and the Member State in whose waters the research is carried out have been informed in advance.

Article 3Definitions

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:

4. "total allowable catches" (TAC) means the quantity that can be taken and landed from each stock each year;

5. "quota" means a proportion of the allocated to the Community, Member States or third countries;

6. "international waters" means waters falling outside the sovereignty or jurisdiction of any State;

7. "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;

8. "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;

9. "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;

10. "Gulf of Cadiz" means the area of ICES zone IXa east of longitude 7º23'48"W.

Article 4 Fishing zones

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

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

12. 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[31];

13. 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[32];

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

15. The IATTC (Inter American Tropical Tuna Convention) zone is as defined in Council Decision 2006/539/EC;

16. The WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined in Council decision 2005/75/EC;

17. The ICCAT (International Commission for the Conservation of Atlantic Tunas) zone is as defined in Council decision 86/238/CEE;

18. SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council Decision 2002/738/EC;

19. The GFCM (General Fisheries Commission for the Mediterranean) zone is as defined in Council Decision 98/416/EC.

CHAPTER IIFishing opportunities and associated conditions for Community vessels

Article 5 Catch limits and allocations

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

2. Community vessels are hereby authorised to make catches, within the quota limits set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the conditions set out in Articles 10, 17 and 18.

3. The Commission shall fix the final 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 ICES zone V and Greenland waters of ICES zone 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, for the stock of sprat in EC waters of ICES zones IIa and IV and for the stock of anchovy in ICES zone VIII may be revised by the Commission in the light of scientific information collected during the first half of 2007.

6. 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 6Special provisions on allocations

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

- exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

- reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;

- additional landings allowed under Article 3 of Regulation (EC) No 847/96;

- quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;

- deductions made pursuant to Article 5 of Regulation (EC) No 847/96.

2. For the purpose of withholding quotas to be transferred to 2007, Article 4(2) of Regulation (EC) No 847/96 shall apply, by way of derogation from that Regulation, to all stocks subject to analytical TAC.

Article 7Fishing effort limits and associated conditions for the management of stocks

1. From 1 February 2007 to 31 January 2008, the fishing effort limitations and associated conditions laid down in:

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

(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 Cadiz;

(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 1 January 2007 to 31 January 2007 for the stocks mentioned in paragraph 1(a), (b), (c) and (d), the fishing effort and associated conditions laid down in Annexes IIA, IIB, IIC and IID to Regulation (EC) No 51/2006 shall continue to apply.

3. Vessels using gear types identified in point 4.1 of Annex IIA and in point 3 of Annexes IIB and IIC respectively and fishing in areas defined in point 2 of Annex IIA and in point 1 of Annexes IIB and IIC respectively shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94, as provided for in these Annexes.

4. The Commission shall fix the final fishing effort for 2007 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 point 7 of Annex IId.

5. Member States shall ensure that for 2007 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits do not exceed 75% of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held and deep-sea species, as listed in 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 8Conditions 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. Article 2(1) of Regulation (EC) No 1434/98, shall not apply to herring caught in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa.

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

5. When catch limits of a Member State for herring in ICES 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.

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

Article 9Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa

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

2. 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 1 is in place.

Article 10Access 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 11Transitional technical and control measures

Transitional technical and control measures for Community vessels shall be as set out in Annex III.

CHAPTER IIICatch limits and associated conditions for third-country fishing vessels

Article 12 Transitional technical and control measures

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

Article 13Authorisation

1. Fishing vessels flying the flag of Venezuela and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Community waters, within the catch limits set out in Annex I, and subject to the conditions provided for in Articles 14 to 16 and 19 to 25.

2. 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 14Geographical 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 43°00'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 15Transit 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 16Conditions for landing catches and by-catches

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

CHAPTER IVLicensing arrangements for Community vessels

Article 17 Licences and associated conditions

1. Notwithstanding the general rules on fishing licences and special fishing permits provided for in Regulation (EC) No 1627/94, fishing by Community vessels in waters of a third country shall be subject to the holding of a licence issued by the authorities of that third country.

2. However, paragraph 1 shall not apply to the following Community vessels, when fishing in Norwegian waters of the North Sea:

a) vessels of a tonnage equal to or less than 200 GT; or

b) vessels carrying out fisheries for human consumption for species other than mackerel; or

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

3. The maximum number of licences and other associated conditions shall be fixed as set out in Part I of Annex IV. Requests for licences shall indicate the types of fishing and the name and characteristics of the Community vessels for which licences are to be issued and shall be addressed by the authorities of the Member States to the Commission. The Commission shall submit these requests to the authorities of the third country concerned.

4. If one Member State transfers quota to another Member State (swap) in the fishing areas set out in Part I of Annex IV, the transfer shall include an appropriate transfer of licences and shall be notified to the Commission. However, the total number of licences for each fishing area, as set out in Part I of Annex IV, shall not be exceeded.

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

Article 18Faroe Islands

Community vessels licensed to conduct a directed fishery for one species in waters of the Faroe Islands may conduct directed fishery for another species provided that they give prior notification to the Faroese authorities.

CHAPTER VLicensing arrangements for third-country fishing vessels

Article 19 Obligation to have a licence and a special fishing permit

1. Notwithstanding Article 28b of Regulation (EEC) No 2847/93, fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a licence and a special fishing permit.

2. The licence and special fishing permit shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

3. Fishing vessels from third countries authorised to fish on 31 December 2006 may continue to fish as from 1 January 2007 until the list of fishing vessels authorised to fish is submitted to, and approved by, the Commission.

Article 20Application for a licence and special fishing permit

An application to the Commission for a licence and special fishing permit from an authority of a third-country shall be accompanied by the following information:

20. name of the vessel;

21. registration number;

22. external identification letters and numbers;

23. port of registration;

24. name and address of the owner or charterer;

25. gross tonnage and overall length;

26. engine power;

27. call sign and radio frequency;

28. intended method of fishing;

29. intended area of fishing;

30. species for which it is intended to fish;

31. period for which a licence is applied for.

Article 21Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.

Article 22Cancellation and withdrawal

1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day preceding the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.

2. Licences and special fishing permits shall be wholly or partially withdrawn before their date of expiry if the quota for the stock in question as set out in Annex I has been exhausted.

3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.

Article 23Failure to comply with relevant rules

1. For a period not exceeding 12 months, no licence or special fishing permit shall be issued for any third-country fishing vessel in respect of which the obligations laid down in this Regulation have not been fulfilled.

2. The Commission shall submit to the authorities of the third-country concerned the names and characteristics of the third-country fishing vessels which will not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules.

Article 24Obligations of the licence holder

1. Third-country fishing vessels shall comply with the conservation and control measures and other provisions governing fishing by Community vessels in the zone in which they operate, in particular Regulations (EEC) No 1381/87, (EEC) No 2847/93, (EC) No 1627/94, (EC) No 850/98, (EC) No 1434/98, and Council Regulation (EC) No 2187/2005[33].

2. The third-country fishing vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Part I of Annex V, shall be entered.

3. Third-country fishing vessels, except vessels flying the flag of Norway fishing in ICES zone IIIa, shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.

Article 25Specific provisions concerning the Department of French Guyana

1. The granting of licences to fish in the waters of the Department of French Guyana shall be subject to an undertaking by the owner of the third-country fishing vessel concerned to permit an observer to come on board at the Commission's.

2. 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 VISpecial provisions for Community vessels fishing in the Mediterranean Sea

Article 26

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 dolphin fish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January to 14 August of 2007, in all geographical sub-areas of the GFCM Agreement area.

2. By way of derogation from the provisions of 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 then the Member State can 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 before 1 January 2008 to the Commission an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using fish aggregating devices during the prohibition period from 1 January until 31 January 2008. Such an application shall be accompanied by the following information:

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

33. name of the vessel;

34. registration number;

35. external identification letters and numbers as defined in Annex I to Commission Regulation (EC) No 26/2004[34].

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

3. Member States shall send to the Commission before 1 November 2007 a report on the implementation of the measures referred to in paragraph 1.

Article 27 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"

- 39° 27.72' N, 18° 10.74' E

- 39° 27.80' N, 18° 26.68' E

- 39° 11.16' N, 18° 04.28' E

- 39° 11.16' N, 18° 35.58' E

(b) Deep Sea fisheries restricted area "The Nile delta area cold hydrocarbon seeps"

- 31° 30.00' N, 33° 10.00' E

- 31° 30.00' N, 34° 00.00' E

- 32° 00.00' N, 34° 00.00' E

- 32° 00.00' N, 33° 10.00' E

(c) Deep Sea fisheries restricted area "The Eratosthemes Seamount"

- 33° 00.00' N, 32° 00.00' E

- 33° 00.00' N, 33° 00.00' E

- 34° 00.00' N, 33° 00.00' E

- 34° 00.00' N, 32° 00.00' E

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

CHAPTER VIISpecial provisions for Community vessels fishing in the NAFO Regulatory Area

section 1community participation

Article 28 List of vessels

1. Only Community vessels of more than 50 gross tonnes which have been issued a special fishing permits by their flag Member State and are included in the NAFO vessel register shall be authorised, on the conditions set out in their permits, to fish, keep on board, trans-ship and land fishery resources from the NAFO Regulatory Area.

2. Each Member State shall inform the Commission in computer readable form, at least 15 days before the new vessel enters the NAFO Regulatory Area, of any amendment to its list of vessels flying its flag and registered in the Community that are authorised to fish in the NAFO Regulatory Area. The Commission shall forward this information promptly to the NAFO Secretariat.

3. The information referred to in paragraph 2 shall include the following:

36. the internal number of the vessel, as defined in Annex I to Regulation (EC) No 26/2004;

37. the international radio call sign;

38. the vessel charterer, where applicable;

39. the vessel type.

4. For vessels temporarily flying the flag of a Member State (bare boat charter), the information forwarded shall furthermore include:

40. the date from which the vessel has been authorised to fly the flag of the Member State;

41. the date from which the vessel has been authorised by the Member State to engage in fishing in the NAFO Regulatory Area;

42. the name of the State where the vessel is registered or has been previously registered and the date as from which it ceased flying the flag of that State;

43. the name of the vessel;

44. the official registration number of the vessel assigned by the competent national authorities;

45. the home port of the vessel after the transfer;

46. the name of owner or charterer of the vessel;

47. a declaration that the master has been provided with a copy of the regulations in force in the NAFO Regulatory Area;

48. the principal species which can be fished by the vessel in the NAFO Regulatory Area;

49. the Subareas where the vessel may be expected to fish.

SECTION 2TECHNICAL MEASURES

Article 29 Mesh sizes

1. The use of trawl net having in any section thereof net meshes of dimensions less than 130 mm shall be prohibited for direct fishing of the groundfish species referred to in Annex VII except for fishing for Sebastes mentella as referred to in paragraph 3. That mesh size may be reduced to a minimum of 60 mm for direct fishing of short-finned squid ( Illex illecebrosus ). For direct fishing of skates ( Rajidae ) that mesh size shall be increased to a minimum of 280 mm in the cod-end and 220 mm in all other parts of the trawl.

2. Vessels fishing for shrimp ( Pandalus borealis ) shall use nets with a minimum mesh size of 40 mm.

3. Vessels fishing for pelagic Sebastes mentella (Oceanic redfish) in Sub-Area 2 and Division 1F and 3K shall use nets with a minimum mesh size of 100 mm.

Article 30 Attachments to nets

1. The use of any means or device other than those described in this Article which obstructs the meshes of a net or which diminishes their size shall be prohibited.

2. Canvas, netting or any other material may be attached to the underside of the cod-end in order to reduce or prevent damage.

3. Devices may be attached to the upper side of the cod-end provided that they do not obstruct the meshes of the cod-end. The use of top-side chafers shall be limited to those listed in Annex VIII.

4. Vessels fishing for shrimp ( Pandalus borealis ) shall use sorting grids or grates with a maximum spacing between bars of 22 mm. Vessels fishing for shrimp in Division 3L shall also be equipped with toggle chains of a minimum of 72 cm in length as described in Annex IX.

Article 3 1 By-catch retained on board

1. Fishing vessels shall limit their by-catch to a maximum of 2500 kg or 10%, whichever is the greater, for each species listed in Annex IC for which no quota has been allocated in that Division to the European Community.

2. In cases where a ban on fishing is in force or an "Others" quota has been fully utilised, the by-catch of the species concerned may not exceed 1250 kg or 5%, whichever is the greater.

3. The percentages in paragraphs 1 and 2 are calculated as the percentage, by weight, for each species of the total catch retained on board. Catches of shrimp shall not be included in the calculation of by-catch levels of ground fish species.

Article 3 2 By-catch in any one haul

1. If the percentages of by-catches in any one haul have exceeded the percentages laid down in Article 31(1) and (2) the vessel shall immediately move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel must leave the Division and not return for at least 60 hours.

2. In the event that total by-catches of all ground fish species subject to quota in any haul in the shrimp fishery exceed 5% by weight in Division 3M or 2.5% by weight in Division 3L, the vessel must move a minimum of 10 nautical miles from any position of the previous tow and throughout the next tow keep a minimum distance of 10 nautical miles from any position of the previous tow. If after moving, the next haul exceeds these by-catch limits the vessel must leave the Division and not return for at least 60 hours.

3. The percentage of by-catch authorised in any one haul is calculated as the percentage, by weight, for each species of the total catch in that haul.

Article 3 3 Directed fishery and by-catch

1. Masters of Community vessels shall not conduct directed fisheries for species for which by-catch limits apply. A directed fishery for a species shall be deemed to have been conducted when that species comprises the largest percentage by weight of the total catch in any one haul.

2. However, when a vessel is conducting a directed fishery for skate with a legal mesh size appropriate for that fishery, the first time that, in a haul, catches of species for which by-catch limits comprise the largest percentage, by weight of the total catch, they shall be considered as incidental. In this event the vessel shall immediately change position in accordance with the provisions of Article 32(1) and (2).

3. Following an absence from a Division of at least 60 hours in accordance with the provisions of Article 32(1) and (2) masters of Community vessels shall undertake a trial tow the duration of which shall not exceed 3 hours. By way of derogation from paragraph 1, if in a haul from such a trial tow catches of species for which by-catch limits comprise the largest percentage, by weight of the total catch, it shall not be considered as a directed fishery. In this event the vessel shall immediately change position in accordance with the provisions of Article 32(1) and (2).

Article 3 4 Minimum size of fish

1. Fish from the NAFO Regulatory Area which do not have the size required as set out in Annex X may not be processed, retained on board, trans-shipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

2. Where the quantity of caught fish not having the size required as set out in Annex X exceeds 10% of the total quantity, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing. Any processed fish for which minimum fish size requirements apply which is below a length equivalent in Annex X, shall be deemed to originate from fish that is below the minimum fish size.

SECTION 3THE ESTABLISHMENT OF FISHERIES RESTRICTIVE AREAS IN ORDER TO PROTECT THE DEEP SEA SENSITIVE HABITATS (SEAMOUNTS)

Article 35

It shall be prohibited to conduct fishing activities involving demersal fishing gears in the following areas:

Area | Coordinate 1 | Coordinate 2 | Coordinate 3 | Coordinate 4 |

Orphan Knoll | 50.00.30 47.00.30 | 51.00.30 45.00.30 | 51.00.30 47.00.30 | 50.00.30 45.00.30 |

Corner Seamounts | 35.00.00 48.00.00 | 36.00.00 48.00.00 | 36.00.00 52.00.00 | 35.00.00 52.00.00 |

Newfoundland Seamounts | 43.29.00 43.20.00 | 44.00.00 43.20.00 | 44.00.00 46.40.00 | 43.29.00 46.40.00 |

New England Seamounts | 35.00.00 57.00.00 | 39.00.00 57.00.00 | 39.00.00 64.00.00 | 35.00.00 64.00.00 |

SECTION 4CONTROL MEASURES

Article 36 Product labelling and separate stowage

1. All processed fish harvested in the NAFO Regulatory Area shall be labelled in such a way that each species and product category as referred to in Article 1 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products[35] and in case of shrimp the date of capture is identifiable. It shall also be marked as having been caught in the NAFO Regulatory Area.

2. All shrimp harvested in Division 3L and 3M and all Greenland halibut harvested in Subarea 2 and Divisions 3KLMNO shall be marked as having been caught in these respective zones.

3. Taking into account consideration for the legitimate safety and navigational responsibilities of the master of the vessel, the following shall apply:

a) All catches taken inside the NAFO Convention Area shall be stowed separately from all catches taken outside the area. They shall be kept clearly separate, for example with plastic, plywood or netting;

b) Catches of the same species may be stowed in more than one part of the hold but the location where it is stowed shall be clearly represented in the stowage plan referred to in Article 37.

Article 37 Fishing and production logbooks and stowage plan

1. In addition to complying with Articles 6, 8, 11 and 12 of Regulation (EEC) No 2847/93, masters of Community vessels shall enter in the logbook the information listed in Annex XI.

2. Before the 15th of each month, each Member State shall, in computer-readable form, notify the Commission of the quantities of stocks specified in Annex XII landed during the preceding month and communicate any information received under Articles 11 and 12 of Regulation (EEC) No 2847/93.

3. The masters of Community vessels shall, in respect of catches of the species listed in Annex IC, keep:

50. a production logbook stating their cumulative production, by species on board in product weight stated in kilograms.

51. a stowage plan that shows the location of the different species in the holds. In the case of shrimp, vessels shall keep a stowage plan that specifies the location of shrimp taken in Division 3L and specifies the location of shrimp taken in Division 3M as well as the quantities of shrimp by Division on board in product weight stated in kilograms.

4. The production logbook and stowage plan referred to in paragraph 3 shall be updated on a daily basis for the preceding day reckoned from 00.00 hrs (UTC) until 24.00 hrs (UTC) and shall be kept on board until the vessel has unloaded completely.

5. The master of a Community vessel shall provide the necessary assistance to enable the quantities declared in the production logbook and the processed products stored on board to be verified.

6. Every two years Member States shall certify the accuracy of the capacity plans for all Community vessels authorised to fish pursuant to Article 28(1). The master shall ensure that a copy of such certification remains onboard to be shown to an inspector upon request.

Article 38 Carrying of nets

1. When fishing directly for one or more of the species listed in Annex VII, Community vessels shall not carry nets with a mesh size smaller than that laid down in Article 29.

2. However, Community vessels fishing in the course of the same voyage in areas other than the NAFO Regulatory Area may keep on board nets with a smaller mesh size than that laid down in Article 29 provided they are securely lashed and stowed and are not available for immediate use. Such nets must:

a) be unshackled from their boards and their hauling or trawling cables and ropes; and

b) if they are carried on or above the deck, be lashed securely to a part of the superstructure.

Article 39 Trans-shipment

1. Community vessels shall not engage in trans-shipment operations in the NAFO Regulatory Area unless they have received prior authorisation to do so from their competent authorities.

2. Community vessels shall not engage in trans-shipment operations of fish from or to a non-contracting party vessel which has been sighted or otherwise identified as having engaged in fishing activities in the NAFO Regulatory Area.

3. Community vessels shall report each trans-shipment in the NAFO Regulatory Area to their competent authorities. Donor vessels shall make that report at least twenty-four hours in advance and receiving vessels not later than one hour after the trans-shipment.

4. The report referred to in paragraph 3 shall include the time, the geographical position, the total round weight by species to be off-loaded or on loaded in kilograms as well as the call sign of vessels involved in the trans-shipment.

5. The receiving vessel shall report, in addition to the total catch on board and the total weight to be landed, the name of the port and the expected time of landing at least 24 hours in advance of any landing.

6. Member States shall promptly transmit the reports referred to in paragraph 3 and 5 to the Commission, which shall promptly forward them to the NAFO Secretariat.

Article 4 0 Chartering of Community vessels

1. Member States may assent that a fishing vessel flying their flag and authorised to fish in the NAFO Regulatory Area be subject to a chartering arrangement for the utilisation in part or in full of a quota and/or fishing days allocated to another Contracting Party of NAFO. Chartering arrangements involving vessels identified by NAFO or any other Regional fisheries Organisation as having been involved in Illegal, Unreported and Unregulated (IUU) fishing activities shall, however, not be permitted.

2. On the date of the conclusion of a chartering arrangement, the flag Member State shall send the following information to the Commission, which shall forward this information to the Executive Secretary of NAFO:

52. its assent to the charter arrangement;

53. species covered by the charter and fishing opportunities allocated by the charter contract;

54. length of the charter arrangement;

55. name of the charterer;

56. contracting party which chartered the vessel;

57. the action the Member State has taken to ensure that the chartered vessels flying its flag comply with the NAFO conservation and enforcement measures for the duration of the chartering period.

3. When the charter arrangement ends, the flag Member State shall inform the Commission, which shall promptly forward this information to the Executive Secretary of NAFO.

4. The flag Member State shall act to ensure that:

58. the vessel is not authorised to fish during the charter period against the fishing opportunities allocated to the flag Member State;

59. the vessel is not authorised to fish under more than one charter arrangement during the same period;

60. the vessel complies with the NAFO conservation and enforcement measures for the duration of the chartering period;

61. all catches and by-catches under notified chartering arrangements are recorded in the fishing logbook by the chartered vessel separate from other catch data.

5. Member States shall report all catches and by-catches as referred to in paragraph 4(d) to the Commission separately from other national catch data. The Commission shall promptly forward those data to the Executive Secretary of NAFO.

Article 4 1 Monitoring of fishing effort

1. Each Member State shall take the necessary measures to ensure that the fishing effort of its vessels is commensurate with the fishing opportunities available to that Member State in the NAFO Regulatory Area.

2. Member States shall transmit to the Commission the fishing plan for their vessels fishing for species in the NAFO Regulatory Area no later than 31 January 2007 or, thereafter, at least 30 days before the commencement of such activity. The fishing plan shall identify, inter alia, the vessel or vessels that will engage in these fisheries and the intended number of fishing days those vessels will spend in the NAFO Regulatory Area.

3. Member States shall, on an indicative basis, inform the Commission of the intended activities of their vessels in other areas.

4. The fishing plan shall represent the total fishing effort to be deployed in the NAFO Regulatory Area in relation to the fishing opportunities available to the Member State making the notification.

5. No later than 31 December 2007, Member States shall report to the Commission on the implementation of their fishing plans. Those reports shall include the number of vessels actually engaged in fishing activities in the NAFO Regulatory Area, the catches of each vessel and the total number of days each vessel fished in that Area. Activities of vessels fishing for shrimp in Divisions 3M and 3L shall be reported separately for each Division.

SECTION 5SPECIAL PROVISIONS FOR NORTHERN PRAWNS

Article 42

1. Each Member State shall report to the Commission daily on the quantities of Northern prawns ( Pandalus borealis ) caught in Division 3L of the NAFO Regulatory Area by vessels flying its flag and registered in the Community. All fishing activities shall take place at depths greater than 200 metres and shall be limited to one vessel per each Member State allocation at any one time.

2. Master of vessel fishing for shrimp in Division 3L or their representatives, prior to entry into any port shall provide the competent authorities of the Member States whose ports they wish to use with the following information at least 24 hours before the estimated time of arrival at port:

a) the time of arrival at port;

b) the quantities of shrimp retained on board;

c) the Division or Divisions where the catches were taken.

SECTION 6SPECIAL PROVISIONS FOR REDFISH

Article 43

1. Every second Monday, the master of a Community vessel fishing for redfish in Division Subarea 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area, shall notify the competent authorities of the Member State whose flag the vessel is flying or in which the vessel is registered of the quantities of redfish caught in those zones in the two-week period ending at 12 midnight on the previous Sunday.

When accumulated catches reach 50% of the TAC, the notification shall be made weekly each Monday.

2. Member States shall report to the Commission every second Tuesday before 12 noon for the fortnight ending at 12 midnight on the previous Sunday the quantities of redfish caught in Subarea 2 and Divisions IF, 3K and 3M of the NAFO Regulatory Area by vessels flying their flag and registered in their territory.

When accumulated catches have reached 50% of the TAC, reports shall be sent on a weekly basis.

SECTION 7ENFORCEMENT MEASURES

Article 44 Follow-up to infringements

1. The competent authorities of a Member State notified of an infringement committed by one of its vessels shall investigate immediately and fully that infringement to obtain the evidence required which shall include, where appropriate, the physical inspection of the vessel concerned.

2. The competent authorities of the Member State shall take immediate judicial or administrative action in conformity with their national legislation against the nationals responsible for the vessel flying its flag where the measures adopted by NAFO have not been respected.

3. The competent authorities of the flag Member State shall ensure that the proceeding initiated pursuant to paragraph 2 shall be capable, in accordance with the relevant provisions of national law, of providing effective measures that are adequate in severity, secure compliance, and deprive those responsible of the economic benefit of the infringement, and effectively discourage future infringements.

Article 45 Treatment of infringement reports from inspectors

1. Inspection and surveillance reports drawn up by NAFO inspectors shall continue admissible evidence for administrative or judicial proceedings of any Member States. For establishing facts they shall be treated equally to inspection and surveillance reports of its own inspectors.

2. Member States shall collaborate in order to facilitate judicial or other proceedings arising from a report submitted by an inspector under the scheme, subject to the rules governing the admissibility of evidence in domestic judicial and other systems.

Article 46 Enhanced follow-up with regard to certain serious infringements

1. In addition to the provisions of the Council Regulation (EEC) No 1956/88[36], in particular paragraphs 9 and 10 of the Scheme attached thereto, the flag Member State shall take action under this Section where a vessel flying its flag has committed one of the following serious infringements:

62. Directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited.

63. Mis-recording of catches. To be considered for follow-up action under this Article the difference between the inspector's estimates of processed catch on board, by species or in total, and the figures recorded in the production logbook shall be 10 tons or 20%, whichever is the greatest, calculated as a percentage of the production logbook figures. In order to calculate the estimate of the catch on board a stowage factor agreed between the inspectors of the inspecting Contracting Party and the Contracting Party of the inspected vessel shall be used.

64. The repetition of the same serious infringement mentioned in paragraph 9 of the Scheme attached to Regulation (EEC) No 1956/88, that has been confirmed in accordance with paragraph 10 of the Scheme during a 100 day period or within the fishing trip, whichever is shorter.

2. The flag Member State shall ensure that following the inspection referred to in paragraph 3 the vessel concerned ceases all fishing activities and an investigation into the serious infringement is initiated.

3. If no inspector or other person designated by the flag Member State of the vessel to carry out the investigation as outlined in paragraph 1 is present in the Regulatory area the flag Member State shall require the vessel to proceed immediately to a port where the investigation can be initiated.

4. When completing the investigation for any serious infringement of mis-recording of catch referred to in paragraph 1(b) the flag Member State shall ensure that the physical inspection and enumeration of total catch on board, takes place under its authority in port. Such inspection may take place in the presence of an inspector from any another Contracting Party that wishes to participate, subject to the consent of the flag Member State.

5. When a vessel is required to proceed to port pursuant to paragraphs 2, 3 and 4, an inspector from another Contracting Party may board and/or remain on board the vessel as it is proceeding to port, provided that the competent authority of the Member State of the inspected vessel does not require the inspector to leave the vessel.

Article 47 Enforcement measures

1. Each flag Member State shall take enforcement measures with respect to a vessel, where it has been established, in accordance with its laws that this fishing vessel flying its flag committed a serious infringement listed in Article 46.

2. The measures referred to in paragraph 1 may include, in particular depending on the gravity of the offence and in accordance with the pertinent provisions of national law:

- Fines;

- Seizure of illegal fishing gear and catches;

- Sequestration of the vessel;

- Suspension or withdrawal of authorisation to fish;

- Reduction or withdrawal of the fishing quota.

3. The flag Member State of the vessel concerned shall notify to the Commission without delay, the appropriate measures taken in accordance with this Article. Based on this notification, the Commission shall notify to the NAFO Secretariat of that measures.

Article 48 Report on infringements

1. In case of serious infringement referred to in Article 46, the Member State concerned shall provide to the Commission a report on the progress of the investigation, including details of any action taken or proposed to be taken in relation to the serious infringement as soon as practicable and in any case within three months following the notification of the infringement and a report on the outcome of the investigation when the investigation is completed.

2. The Commission shall compile a Community report on the basis of the reports of the Member States. It shall send the Community report on the progress of the investigation to the NAFO Secretariat within four months following the notification of the infringement and as soon as possible the report on the outcome of the investigation when the investigation is completed.

CHAPTER VIII Special provisions for landing or transhipping of frozen fish caught by third country fishing vessels Article 49 Port State control

Without prejudice to Council Regulation (EEC) No 2847/93 and to Council Regulation (EC) No 1093/94 of 6 May 1994 setting down the terms under which fishing vessels of a third country may land directly and market their catches at Community ports[37] the procedures set out in this Chapter shall apply from 1 May 2007 to landing or transhipping in ports of Member States of frozen fish caught by third country fishing vessels.

Article 50 Designated ports

1. Landings and transhipments are only allowed in designated ports.

2. 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 49, are permitted. Notwithstanding the date of application set out in Article 49, Member States shall send to the Commission before 15 January 2007 the list of such ports. Any subsequent changes to the list shall be notified to the Commission at least fifteen days before the change shall come into force.

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

Article 5 1 Prior notice of entry into port

1. By way of derogation from Article 28e(1) of Council Regulation (EEC) No 2847/93 the masters of third-country vessels or Community vessels intending to call into a port shall notify the competent authorities of the port they wish to use at least 3 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 Appendix 4 to Annex III with Part A duly completed as follows:

a) Form PSC 1shall 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. The port Member State shall forward a copy of the form as referred to in paragraph 2 without delay to the flag State of the vessel and to the flag State(s) of donor vessels when the vessel has engaged in transhipment operations.

Article 5 2 Authorisation to land or tranship

1. Landings or transhipments may only be authorised by the port 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 51(3) with Part B duly completed, that:

65. the fishing vessels declared to have caught the fish had sufficient quota for the species declared;

66. 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;

67. the fishing vessels declared to have caught the fish had authorisation to fish in the areas declared;

68. 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 State.

2. By way of derogation from paragraph 1 the port 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 the control of the competent authorities. 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 port State may confiscate and dispose of the fish in accordance with national rules.

3. The port State shall notify without delay its decision whether or not to authorise the landing or transhipment to:

a) the Secretary of NEAFC by transmitting a copy of the form provided for in Appendix 4 to Annex III with Part C duly completed when the fish landed or transhipped is caught in the NEAFC Convention Area;

b) the Commission in all cases other than those referred to in (a).

Article 53 Inspections

1. Member States shall carry out inspections of at least 15% of landings or transhipments by third country fishing vessels, referred to in Article 49, 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 vessel and ensure that the vessel suffers the minimum interference and inconvenience and that degradation of the quality of the fish is avoided.

Article 54 Inspection reports

1. Each inspection shall be documented by completing an inspection report as set out in Appendix 5 to Annex III.

2. A copy of each inspection report shall be transmitted without delay to the flag State of the inspected vessel and to the flag State or States of donor vessels where the vessel has engaged in transhipment operations and to:

a) the Secretary of NEAFC when the fish landed or transhipped is caught in the NEAFC Convention Area;

b) the Commission in all other cases than referred to in (a).

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

CHAPTER IXSpecial provisions for Community vessels fishing in the area of CCAMLR

section 1restrictions and vessel information requirements

Article 55 Prohibitions and catch limitations

1. Direct fishing of the species set out in Annex XIII shall be prohibited in the zones and during the periods set out in that Annex.

2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex XIV shall apply in the Subareas set out in that Annex.

Article 56 Information requirements relating to vessels authorised to fish in the area of CCAMLR

1. As from 1 August 2007, Member States shall communicate to the Commission, in addition to the information requirements relating to authorised vessels set forth in Article 3(2) of Regulation (EC) No 601/2004, the following in respect of such vessels:

69. vessel IMO number (if issued);

70. previous flag, if any;

71. international Radio Call Sign;

72. name and address of vessel's owner(s), and any beneficial owner(s), if known;

73. where and when it was built;

74. type of vessel where and when it was built;

75. length;

76. colour photograph of the vessel, which shall consist of:

(i) one photograph not smaller than 12 x 7 cm showing the starboard side of the vessel, displaying its full overall length and complete structural features;

(ii) one photograph not smaller than 12 x 7 cm showing the port side of the vessel, displaying its full overall length and complete structural features;

(iii) one photograph not smaller than 12 x 7 cm showing the stern, taken directly from astern;

77. measures taken to ensure tamper-proof operation of the satellite monitoring device installed on board.

2. As from 1 August 2007, Member States shall, to the extent practicable, also communicate to the Commission the following information relating to vessels authorised to fish in the Area of CCAMLR:

78. name and address of operator, if different from vessel owner(s);

79. names and nationality of master and, where relevant, of fishing master;

80. type of fishing method or methods;

81. beam (m);

82. gross registered tonnage;

83. vessel communication types and numbers (INMARSAT A, B and C numbers);

84. normal crew complement;

85. power of main engine or engines;

86. carrying capacity (tonnes), number of fish holds and their capacity (m³);

any other information (e.g. ice classification) considered appropriate.

Article 57 Report of vessel sightings

1. In the event that the master of a licensed fishing vessel sights a fishing vessel within the Convention Area, the master shall, where possible, document as much information as possible on each such sighting, including:

(a) name and description of the vessel;

(b) vessel call sign;

(c) registration number and the Lloyds/IMO number of the vessel;

(d) flag state of the vessel;

(e) photographs of the vessel to support the report;

(f) any other relevant information regarding the observed activities of the sightedvessel.

2. The master shall forward a report containing the information referred to in paragraph 1 to their flag State as soon as possible. The Flag State shall submit to the CCAMLR Secretariat any such reports if the sighted vessel is engaged in IUU activities according to CCAMLR standards.

SECTION 2EXPLORATORY FISHERIES

Article 58 Participation in exploratory fisheries

1. Fishing vessels flying the flag of, and registered in, Spain that have been notified to CCAMLR in accordance with the provisions of Article 7 of Regulation (EC) No 601/2004 may participate in long-line exploratory fisheries for Dissostichus spp. in Subareas FAO 88.1 and 88.2 as well as in Divisions 58.4.1, 58.4.2, 58.4.3a) outside Areas of national jurisdiction and 58.4.3b) outside Areas of national jurisdiction.

2. No more than one fishing vessel shall fish in Divisions 58.4.3a) and 58.4.3b) at any one time.

3. With regard to Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2, total catch and by-catch limits per Subarea and Division, and their distribution among Small Scale Research Units (SSRUs) within each of them shall be as set out in Annex XIV. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit, and that SSRU shall be closed to fishing for the remainder of the season.

4. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in Divisions 58.4.1 and 58.4.2 shall be prohibited in depths less than 550 m.

Article 59 Reporting systems

Fishing vessels participating in the exploratory fisheries as referred to in Article 58 shall be subject to the following catch and effort reporting systems:

87. the Five-day Catch and Effort Reporting System set out in Article 12 of Regulation (EC) No 601/2004, with the exception that Member States shall submit to the Commission catch and effort reports not later than two working days after the end of each reporting period, for immediate transmission to CCAMLR. In Subareas 88.1 and 88.2 as well as in Divisions 58.4.1 and 58.4.2, reporting shall be made by Small Scale Research Units;

88. the Monthly fine-scale Catch and Effort Reporting System set out in Article 13 of Regulation (EC) No 601/2004;

89. the total number and weight of Dissostichus eleginoides and Dissostichus mawsoni discarded, including those with the "jellymeat" condition, shall be reported.

Article 6 0 Special requirements

1. The exploratory fisheries as referred to in Article 58 shall be carried out in accordance with Article 8 of Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources[38] with regard to applicable measures to reduce the incidental mortality of seabirds in the course of long-line fisheries. In addition to these measures:

90. the discharge of offal shall be prohibited in these fisheries;

91. vessels participating in exploratory fisheries in Divisions 58.4.1 and 58.4.2 which comply with CCAMLR Protocols (A, B or C) for longline weighting shall be exempted from the night-setting requirement; however, vessels which catch a total of three (3) seabirds shall immediately revert to night setting in accordance with Article 8 of Regulation (EC) No 601/2004;

92. vessels participating in exploratory fisheries in Subareas 88.1 and 88.2 as well as Divisions 58.4.3a) and 58.4.3b) which catch a total of three (3) seabirds shall cease fishing immediately and shall not be permitted to fish outside the normal fishing season for the remainder of the 2005/06 season.

2. Fishing vessels participating in exploratory fisheries in FAO Subareas 88.1 and 88.2 shall be subject to the following additional requirements:

a) Vessels shall be prohibited from discharging:

(i) oil or fuel products or oily residues into the sea, except as permitted in Annex I to MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships);

(ii) garbage;

(iii) food wastes not capable of passing through a screen with openings no greater than 25 mm;

(iv) poultry or parts thereof (including egg shells);

(v) sewage within 12 nautical miles of land or ice shelves, or sewage while the ship is travelling at a speed of less than 4 knots; or

(vi) incineration ash.

b) no live poultry or other living birds shall be brought into Subareas 88.1 and 88.2 and any dressed poultry not consumed shall be removed from Subareas 88.1 and 88.2;

c) fishing for Dissostichus spp. in Subareas 88.1 and 88.2 shall be prohibited within 10 nautical miles of the coast of the Balleny Islands.

Article 6 1 Definition of hauls

1. For the purposes of this Section, a haul shall comprise the setting of one or more lines in a single location. The precise geographic position of a haul shall be determined by the centre-point of the line or lines deployed for the purposes of catch and effort reporting.

2. To be designated as a research haul:

a. each research haul shall be separated by no less than five nautical miles from any other research haul, distance to be measured from the geographical mid-point of each research haul;

b. each haul shall comprise at least 3 500 hooks and no more than 10 000 hooks; this may comprise a number of separate lines set in the same location;

c. each haul of a longline shall have a soak time of not less than six hours, measured from the time of completion of the setting process to the beginning of the hauling process.

Article 6 2 Research plans

Fishing vessels participating in the exploratory fisheries referred to in Article 58 shall implement Research Plans, in each and all SSRUs in which FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 are divided. The Research Plan shall be implemented in the following manner:

93. 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 61(2);

94. 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 61(2), these hauls may also be designated as research hauls;

95. 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;

96. on completion of 20 research hauls of the third series, the vessel may continue to fish within the SSRU;

97. in SSRUs A, B, C, E and G in Subareas 88.1 and 88.2 where fishable seabed area is less than 15 000 km², points (b), (c) and (d) shall not apply and on completion of 10 research hauls the vessel may continue to fish within the SSRU.

Article 6 3 Data collection plans

1. Fishing vessels participating in the exploratory fisheries referred to in Article 58 shall implement data collection plans, in each and all SSRUs in which FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 are divided. The Data Collection Plan shall comprise the following data:

98. the position and sea depth at each end of every line in a haul;

99. the setting, soak, and hauling times;

100. the number and species of fish lost at surface;

101. the number of hooks set;

102. the bait type;

103. the baiting success (%);

104. the hook type; and

105. the sea and cloud conditions and phase of the moon at the time of setting the lines.

2. All data referred to under paragraph 1 shall be collected for every research haul; in particular, all fish in a research haul up to 100 fish are to be measured and at least 30 fish sampled for biological studies. Where more than 100 fish are caught, a method for randomly subsampling the fish shall be applied.

Article 64 Tagging programme

1. Each fishing vessel participating in the exploratory fisheries as referred to in Article 58 shall implement a tagging programme as follows:

a. Dissostichus spp. individuals shall be tagged and released in accordance with the provisions set out in the CCAMLR Tagging Program and Protocol for Dissostichus spp. in exploratory fisheries. Vessels shall only discontinue tagging after they have tagged 500 individuals, or leave the fishery having tagged one individual per tonne of green weight caught;

b. the programme shall target individuals of all sizes in order to meet the tagging requirement. Only toothfish that are in good condition shall be tagged. All released individuals shall be double-tagged and releases shall cover as broad a geographical area as possible;

c. all tags shall be clearly imprinted with a unique serial number and a return address so that the origin of tags can be retraced in the case of recapture of the tagged individual;

d. all recaptured tagged individuals (i.e. fish caught that have a previously inserted tag) shall not be re-released, even if it was at liberty for only a short period;

e. all recaptured tagged individuals shall be biologically sampled (length, weight, sex, gonad stage), an electronic photograph taken if possible, the otoliths recovered and the tag removed;

f. all relevant tag data and any data recording tag recaptures shall be reported electronically in the CCAMLR format to CCAMLR within three months of the vessel departing these fisheries;

g. all relevant tag data, any data recording tag recaptures, and specimens from recaptures shall also be reported electronically in the CCAMLR format to the relevant regional tag data repository as detailed in the CCAMLR Tagging Protocol.

2. Toothfish that are tagged and released shall not be counted against the catch limits.

Article 65 Scientific observers

1. Each fishing vessel participating in the exploratory fisheries referred to in Article 58 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 Member under this scheme on the same basis as reports from its own Inspectors and both Contracting Party and designating CCAMLR Member concerned shall cooperate in order to facilitate judicial or other proceedings arising from any such report.

Article 66 Notifications of intent to participate in a krill fishery

Each Member State intending to fish for krill in the Convention Area shall notify the CCAMLR Secretariat of their intent not less than four (4) months in advance of the regular annual meeting of the Commission, immediately prior to the season in which they intend to fish

Article 67 Interim prohibition of deep-sea gillnetting

1. The use of gillnets in the 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 Convention Area.

2. 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.

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

Article 68 Interim restrictions on the use of bottom trawling gear in the high-seas of the Convention Area for the fishing seasons 2006/07 and 2007/08

1. The use of bottom trawling gear in the high-seas areas of the Convention Area is restricted to areas for which the Commission has conservation measures in force for bottom trawling gear.

2. This conservation measure does not apply to the use of bottom trawling gear in conducting scientific research in the Convention Area.

CHAPTER XSpecial provisions for Community vessels fishing in the area of SEAFO

SECTION 1AUTHORISATION OF VESSELS

Article 69 Authorisation of vessels

1. Member States shall submit electronically, where possible, to