Proposal for a COUNCIL REGULATION (EC) laying down for 1997 certain measures for the conservation and management of fishery resources applicable in vessels flying the flag of certain non-member countries in the 200-nautical-mile zone off the coast of the French department of Guyana
Date: 1996-12-03
Institutions: European Commission
Subjects: French Guiana, conservation of fish stocks, fishery management, fishing area, fishing licence

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  03.12.1996 
COM(96)625  final 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

laying  down  for  1997  certain  measures  for  the  conservation  and  management  of  fishery 
resources  applicable  in  vessels  flying  the  flag  of  certain  non-member  countries  in  the  200-
nautical-mile  zone  off  the  coast  of  the  French  department  of  Guyana 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1. 

2. 

The proposed  regulation fixes the fishing  arrangements for  vessels of third  countries 
in the fishing zone of the French Department of Guiana for the period  1 January  1997 
to 31 December  1997. 

The  proposal  is  based  on  principles  already  followed  in  the  past,  in  particular  in 
Council  Regulation  (EC)  n* 3091/951, which  established  these  arrangement  for  the 
period  from  1 January  1996 to 31 December  1996. 

3. 

In  1996, licences for fishing snappers and  sharks in  Venezuela were issued. 

Taking  into  account  scientific  advice on the  state of  stock  evolution,  it  is  proposed 
that,  for  1997, the quotas and licences foreseen  for  1996 remain  unchanged. 

1 

OJN* 330, 30.12.1995 

PROPOSAL FOR A 

COUNCIL REGULATION  (EC) N* 

of 

laying  down for  1997 certain measures  for  the conservation  and  management  of fishery 
resources applicabel in vessels flying the flag of certain non-member  countries  in the 
200-nautical-mile  zone off  the coast of the French department  of  Guiana 

THE  COUNCIL  OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the 
European  Community, 

Having  regard  to  Council  Regulation  (EEC)  No 
3760/92  of  20  December  1992  establishing  a 
Community  system for fisheries and aquaculture(1), 
and  in particular  Article  8, paragraph 4, 

Having 
Commission, 

regard 

to 

the  proposal 

from 

the 

in  accordance  with  Article  8  of 
Whereas, 
Regulation 
the  Council 
(EEC)  No  3760/92, 
determines for each fishery or group of fisheries on 
a  case-by-case  basis,  the  total  allowable  catch 
and/or the total allowable fishing effort  in order to 
ensure a rational and responsible exploitation on a 
durable basis, 

Whereas, since  1977, the Community  has operated 
a  system  of  conservation  and  management  of 
fishery  resources  applicable  to  vessels  flying  the 
flag  of  certain  non-member  countries  in the  200-
nautical-mile-zone  off  the  coast  of  the  French 
department  of  Guiana  most  recently  laid down by 
Council Regulation (EC) No 3091/95(2); whereas the 
latter Regulation  expires on 31 December  1996, 

Whereas  the  continuity  of  the  system  should  be 
assured, in particular by maintaining the restriction 
on some fish stocks in the zone in order to conserve 
the stock and ensure adequate  profitability  for  the 
fishermen concerned; 

Whereas  the  processing  industry  based  in  the 
French department  of Guiana depends on landings 
from vessels of non-member countries operating in 
the fishing  zone off  that  department; 

Whereas  therefore,  it  is  necessary  to  ensure  that 
those vessels which are under contract to land their 
catches  in  the  French  department  of  Guiana  can 
continue  to fish; 

Whereas shrimp fishing  licences calculated  on the 
basis of scientific  advice have been issued to non-
member countries whose vessels fish in the zone of 
the  said  department; 

Whereas  the  fishing  activities  covered  by  this 
Regulation  are  subject  to  the  control  measures 
provided  for  by  Council  Regulation  (EEC)  No 
2847/93 of  12 October  1993 establishing a control 
system applicable to the common fisheries policy(3); 

(1) 
(2) 
(3) 

OJn* L 389, 31.12.1992, p. 1 
OJ n" L 330, 30.12.1995, p. 122 
OJn'L  261, 20.10.1993, p. 1 

3, 

HAS ADOPTED  THIS REGULATION: 

Annex I. 

Article  1 

Vessels flying the flag of one of the countries listed 
in  Annex  I  shall  be  authorized,  during  the  period 
1 January  to  31  December  1997  to  fish  for  the 
species  listed  in the  said  Annex  in the part of the 
200-nautical-mile fishing zone off  the coast of the 
French department of Guiana that lies more than 12 
nautical  miles  from  the  base  lines,  in  conformity 
with the  conditions  laid down in this Regulation. 

Article  2 

1.  Fishing  in  the  fishery  zone  referred  to  in 
Article  1 shall be subject to the possession onboard 
of a licence, issued by the Commission on behalf of 
the  Community,  and  to  the  observance  of  the 
conditions  set  out  in  that  licence  and  the  control 
measures  and  other  provisions  regulating  fishing 
activities  in that zone. 

2.  Applications  for  licences  shall  be submitted by 
the  authorities  of 
the  non-member  countries 
concerned  to the Commission's  services at least 15 
working  days  before 
the  desired  date  of 
commencement of validity.  Licences will be issued 
to the authorities of the third countries concerned. 

3. The  registration  letters and numbers of a vessel 
in possession of a  licence  must be  clearly  marked 
on both sides of the prow and on both sides of the 
superstructure at the most visble point.  The letters 
and  numbers  must  be  painted  in  a  colour  that 
contrasts  with 
the  hull  or 
the  colour  of 
superstructure and must not be obliterated, altered, 
covered  or masked  in any  other way. 

Article  3 

1.  Licences  may  be  issued  for  shrimp  fishing  to 
vessels  which  fly  the flag of  one  of  the  countries 
listed  in point  1  of  Annex  I.  The  catch quantities 
authorized  under  such  licences,  the  maximum 
number  of  licences  and  the  maximum  number  of 
days  at  sea  during  which  such  licences  are  valid 
shall be as specified  for each country  in point  1  of 
Annex I. 

2. The  licences  referred  to in paragraph  1 shall be 
issued  on the basis of  a fishing  plan  submitted by 
the authorities of the country concerned, approved 
by the Commission and not exceeding the limits for 
the  country  concerned  specified  in  point  1  of 

3.  The  period  of  validity  of  each  of  the  licences 
referred  to  in  paragraph  1 shall  be  limited  to  the 
fishing  period  provided  for  in the  fishing  plan  on 
the basis of which the licence was issued. 

4. All licences referred  to in paragraph  1 issued to 
vessels of a non-member country  shall cease to be 
valid as soon as it is established that the quota laid 
down  in  point  1 of  Annex  I  for  that  country  has 
been used up. 

Article  4 

1. Licences may be issued for the fishing of species 
other than shrimps to vessels flying the flag of one 
of the countries listed  in point 2 of Annex I.  The 
maximum number of such licences for each country 
shall be as specified  in point  2 of Annex I. 

2. Snapper fishing licences shall be granted subject 
to  an  undertaking  by  the  owner  of  the  vessel 
concerned to land 75% of the catches in the French 
department  of  Guyana. 

3. Shark fishing licences shall be granted subject to 
an  undertaking  by  the  owner  of 
the  vessel 
concerned to land 50% of the catches in the French 
department  of  Guyana. 

Article  5 

1.  The  following  information  shall  accompany 
applications 
the 
Commission  : 

submitted 

licences 

for 

to 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

name  of the vessel; 

registration  number; 

external identification letters and numbers; 

port of  registration; 

name  and  address  of 
charterer, 

the  owner  or 

gross tonnage  and overall  length; 

engine power; 

cail  sign and radio  frequency; 

intended  method  of  fishing; 

k 

species intended  to be fished; 

vessels using long lines or traps. 

j) 

k) 

period for which a licence  is requested. 

2. Each licence  shall be valid  for  one vessel only. 
Where  several vessels are taking part  in the same 
fishing  operation, each vessel must be in possession 
of a licence. 

Article  6 

for 

1. To obtain a fishing  licence for snapper or shark, 
as referred  to in Article  4, proof must be produced, 
in respect  of each of the vessels concerned, that a 
the  shipowner 
valid  contract  exists  between 
applying 
licence  and  a  processing 
the 
undertaking  situated  in  the  French  department  of 
Guyana and that it includes an obligation to land at 
least  75% of  all  snapper  catches,  or  50%  of  all 
shark  catches  from  the  vessel  concerned  in  that 
department  so  that  they  may  be  processed  in that 
undertaking's  plant. 

2. The contract  referred  to in paragraph  1 must be 
endorsed  by  the  French  authorities,  which  shall 
ensure  that  it  is  consistent  both  with  the  actual 
capacity  of the contracting processing undertaking 
and with the objectives for the development  of the 
Guyanese economy.  A copy of the duly  endorsed 
contract  shall  be  appended 
licence 
application. 

the 

to 

referred 

the  endorsement 

3.  Where 
in 
paragraph  2 is refused,  the French authorities shall 
give  notification  of  this  reusal  and  state  their 
reasons  for  it  to  the  party  concerned  and  the 
Commission. 

to 

Article  7 

Licences  may  be  cancelled  with a view to  issuing 
new licences.  Such cancellation shall take effect on 
the  date  of  issuance  of  the  new  licence  by  the 
Commission. 

Article  8 

1.  Fishing  for  shrimps  of  the  species  Penaeus 
subtilis and Penaeus brasiliensis shall be forbidden 
in waters  of  a  depth  less  than  30 metres.  During 
these fishing activities carried out by vessels using 
trawls, by-catches  shall be  permitted. 

4. Shark fishing shall be authorized only for vessels 
using  long  lines  or  mesh  nets  having  a  minimum 
mesh of  100 mm and shall be  forbidden  in waters 
of a depth less than  30 metres. 

Article  9 

A log-book, a model of which appears in Annex II, 
shall be completed after each fishing operation.  A 
copy  of  this  log-book  shall  be  sent  to  the 
Commission within 30 days of the last day of each 
fishing  trip via the French authorities. 

Article  10 

1.  The  master  of  each  vessel  in  possession  of  a 
licence  referred  to  in  Articles  3  and  4 (1),  as 
concerns  tuna  fishing,  shall  observe  the  special 
conditions  set  out  in  Annex III,  and  in  particular 
forward  the  information  specifies  in  the  Annex. 
These conditions shall form  an integral part of the 
licence. 

2.  The  master  of  each  vessel  in  possession  of  a 
licence as referred to in Article 4 (2) and (3) shall, 
on landing the catch after  each  trip, submit  to the 
French authorities a declaration, for whose accuracy 
the  masster  alone 
is  responsible,  stating  the 
quantities of shrimp caught and kept on board since 
the last declaration.  This declaration shall be made 
using  the  form  of  which  a  model  appears  in 
Annex IV. 

Article 11 

1. The French authorities shall take all appropriate 
measures to verify  the accuracy of the declarations 
referred  to  in Article  10 (2), by  checking  them  in 
particular  against  the  log-book  referred  to  in 
Article  9.  The  declaration  shall be  signed by  the 
competent  official  after  it has been  verified. 

2.The  French  authorities  shall  ensure  that  all 
landings  of  shrimps  in  the  French  department  of 
Guyana  by  vessels  in  possession  of  a  licence  as 
referred  to  in  Article 4 (2)  and  (3)  shall  be  the 
subject  of  a  declaration  as  referred 
in 
Article  10 (2). 

to 

2. Tuna fishing  shall be authorized only for vessels 
using long lines. 

3.  Snapper  fishing  shall  be  authorized  only  for 

3.  Before  the  end  of  each  month,  the  French 
authorities  shall  send  to  the  Commission  all  the 
declarations  referred  to  in  paragraph 2  relating  to 
the preceding  month. 

•5" 

Article  12 

1. The  granting  of  licences  to  vessels  from  third 
countries shall be subject to the undertaking by the 
owner of the vessel concerned to permit an observer 
to come  on board at the Commission's  request. 

Article 13 

1.  The  French  authorities  shall  take  appropriate 
measures  to  ensure  that  the  obligations  set out  in 
this  Regulation  are  complied  with,  including  the 
regular inspection  of vessels. 

2. Where  an infringement  is formally  ascertained, 
the French authorities shall, without delay, and in 
any  event  not later than  30 days from  the date on 
which the infringement was ascertained, inform the 
Commission  of  the  name  of  the  vessel  concerned 
and of any  action they  may  have taken. 

Article  14 

1. Licences  for vessels  which have  note complied 
with the obligations provided for in this Regulation, 
including  the  obligation  to  land  all  or part  of  the 
catches  laid  down  in  a  contract  as  referred  to  in 
Article  6  shall be withdrawn. 

No  licence  shall  be  issued  to  such  vessels  for  a 
period of four to 12 months from the date on which 
the  infringement  was committed. 

2. Where a vessel fishes without a valid licence in 
the  zone  referred  to  in  Article  1, and where that 
vessel belongs to a  shipowner or is managed by  a 
natural  or  legal  person  who  has  or  exercises  the 
management of one or more other vessels to which 
licences  have  been  issued,  one  of  those  licences 
may  be  withdrawn. 

3. The granting of a licence may be refused  during 
the period referred to in paragraph  1 to one or more 
vessels  belonging  to  a  shipowner  who  owns  a 
vessel whose licence has been withdrawn under this 
Article or which has fished without a licence in the 
zone referred  to in Article  1. 

Article  15 

If,  for  a  period  of  one  month,  the  Commission 
to  in 
receives  no  communication  as  referred 
Article  10  paragraph  1  concerning  a  vessel  in 
possession of a licence referred to in Articles 3 and 
4, the licence of such vessel  shall be  withdrawn. 

Article  16 

The  period  of  validity  of  licences  valid  on 
31 December  1996  pursuant 
to  Article  1  of 
Regulation  (EC)  No 3091/95  may be  extended,  at 
the  request  of  the  authorities  of  the  country 
concerned,  until  31  January  1997.  Licences  thus 
extended  shall  be  counted  against  the  number  of 
corresponding licences laid down in Annex  I for the 
duration of the extension, without  that  total being 
exceeded. 

Article  17 

This Regulation shall enter into force on  1 January 
1997. 

It shall apply  until  31 December  1997. 

This Regulation  shall be binding in its entirety  and directly  applicable  in all Member  States. 

Done at Brussels, 

For the Council 

The President 

6 

ANNEXE I 

Licences referred to in Article 3 

Vessels flying  the flag 
of 

Quantity  of  authorized 
catches in tonnes 

Maximum  number of 
vessels with a  licence 

Maximum  number of 
days at sea 

Barbados 

Guiana 

Surinam 

Trinidad  and  Tobago 

24 

24 

p.m. 

60 

5 

5 

p.m. 

8 

200 

200 

p.m. 

350 

Licences  referred  to  in Article 4 

Species 

Vessels flying the flag of 

Maximum  number  of  licences 

(a) 

Tuna 

(b) 

Snappers 

Japan 
Korea 

Venezuela 
Barbados 

c) 

Shark 

Venezuela 

p.m. 
p.m. 

41 
5 

4 

¥ 

g 

ANNEX III 

Special  conditions 

1. 

Vessels in possession of a licence referred to in Articles 3 and 4 (1) (Thunnidae) must  communicate 
information  to the Commission of the European Communities in Brussels (telex 24189 FISEU-B) via 
the French authorities at the following  times: 

(a) 

(b) 

(c) 

(d) 

(c) 

on  each  entry  into  zones  extending  up  to  200  nautical  miles  off  the  coast  of  the  French 
department  of  Guiana, hereinafter  called  'the zone'; 

whenever  leaving the zone; 

whenever entering a port of a Member  State; 

whenever  leaving a port of a Member  State; 

every week in respect of the previous week from the date of entry into the zone referred to in 
(a) or from  the date  of leaving the port referred to in (d); 

2. 

Communications transmitted in accordance with the conditions of the licence at the times specified  in 
1 above should include the following  particulars, where appropriate and should be transmitted  in the 
following  order: 

name  of vessel, 
radio call sign, 
licence  number, 
chronological  number of the transmission  for  the trip in question, 
indication  of which of the types of transmission, as set out in paragraph  1, is  involved, 
date, 
time, 
geographical  position, 
quantity  of each species caught during the fishing  operation  (in kilograms), 
quantity of each species caught since the previous transmission of information (in kilograms), 
the  geographical  coordinates of the position where the catches were made, 
quantities of catches, by species, transferred to other vessels (in kilograms) since the previous 
information, 
the name, call sign and, where applicable, licence number of the vessel to which the catch was 
transferred, 
the master's  name. 

3. 

The  following  code  must be used  in reporting  species caught in accordance  with paragraph 2: 

PEN:  Brown shrimp (Penaeidae); 
BOB:  Atlantic  sea bob  shrimp  (Xyphopenaeus kroyerii); 
TUN:  Tunny; 
SKH:  Shark; 
XXX:  Other. 

4. 

In cases where, for reasons of force  majeure, the communication  cannot be transmitted by the vessel 
in possesssion of a licence, the message may be transmitted by another vessel on behalf of the former. 

<£ 

ANNEX IV 

Declaration pursuant to Article  10 (2) 

LANDING DECLARATION 0) 

Name of vessel: 

Name of master: 

Master's signature: 

Voyage made from the 

to the 

Registration No: 

Name of agent : 

Port of landing: 

'Head-off  shrimps: 

'Head-on' shrimps: 

Thunnidae: 

Shark: 

Quantity of shrimps landed (in live-weight) 

kg 

or ( 

x  1,6) 

kg (head-on shrimps) 

kg 

kg 

kg 

Snapper (Lutjanidae): 

Other: 

kg 

kg 

0) 

One copy is kept by the master, one copy is kept by the control officer,  and one copy is to be sent to 
the Commission  of the European Communities. 

ÀJO 

ISSN 0254-1475 

COM(96) 625  final 

DOCUMENTS 

EN 

03  15  11 

Catalogue  number  :  CB-CO-96-620-EN-C 

ISBN 92-78-11969-5 

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