Proposal for a Council Regulation (EC) laying down for 1998 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: 1997-12-12
Institutions: European Commission
Subjects: ACP countries, French Guiana, conservation of fish stocks, fishery management, fishing licence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.12.1997 
COM(97) 700  final 

Proposal  for a 

COUNCIL REGULATION (EC) 

laying down for  1998 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. 

3. 

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 1998  to 
31 December 1998. 

The proposal  is based  on principles  already followed  in the past,  in particular in Council 
Regulation  (EC)  n°  405/971  which  established  these  arrangement  for  the  period  from 
1 January 1997 to 31 December 1997. 

Taking into account scientific advice on the state of stock evolution, it is proposed that, for 
1998, the quotas and licences foreseen for  1997 remain unchanged. 

O . J.  L  0 6 6,  0 6 . 0 3 . 1 9 97 

JL 

PROPOSAL FOR A 

COUNCIL REGULATION (EC) N° 

of 

laying down for  1998 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 

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 aquaculture0 \ 
and in particular Article 8, paragraph 4, 

Having 
Commission, 

regard 

to 

the  proposal 

from 

the 

in  accordance  with  Article  8  of 
Whereas, 
Regulation  (EEC)  No  3760/92, 
the  Council 
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 Guyana most recently  laid down by 
Council  Regulation  (EC)  No  405/97  of  20 
December  1996(2);  whereas  the  latter  Regulation 
expires on 31 December 1997, 

in  particular  by  maintaining 

Whereas  the  continuity  of  the  system  should  be 
assured, 
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 Guyana 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  Guyana  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 
the  common  fisheries 
policy(3); 

to 

(1) 
(2) 
(3) 

OJ n°L 389,31.12.1992, p. 1 
OJ n° L 066,06.03.1997, p. 112 
OJ n°L 261, 20.10.1993, p. 1 

S 

HAS ADOPTED THIS REGULATION: 

Article 1 

Vessels flying'the flag of one of the countries listed 
in Annex I shall be authorised,  during the period 
1 January  to  31  December  1998  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 Guyana that  lies more than 
12  nautical  miles  from  the  base 
lines,  in 
conformity  with  the  conditions  laid  down  in  this 
Regulation. 

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 
Annex I. 

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 2 

Article 4 

1.  Fishing  in  the  fishery  zone  referred  to  in 
Article 1  shall  be  subject  to  the  possession  on 
board  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 
the  desired  date  of 
working  days  before 
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  visible  point.  The 
letters  and  numbers  must  be  painted  in  a  colour 
that  contrasts  with  the  colour  of  the  hull  or 
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 
authorised  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. 

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 
the 
applications 
Commission : 

licences  submitted 

for 

to 

a) 

b) 

c) 

d) 

e) 

name of the vessel; 

registration number; 

external 
numbers; 

identification 

letters 

and 

port of registration; 

name  and  address  of  the  owner  or 
charterer; 

f) 

gross tonnage and overall length; 

U 

g) 

h) 

i) 

j) 

k) 

engine power; 

call sign and radio  frequency; 

intended method of fishing; 

species intended to be fished; 

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 
in 
fishing  operation,  each  vessel  must  be 
possession of a licence. 

Article  6 

for 

the 

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 
valid  contract  exists  between 
the  shipowner 
applying 
licence  and  a  processing 
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 
licence 
contract 
application. 

shall  be  appended 

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 

During  these  fishing  activities  carried  out  by 
vessels using trawls, by-catches shall be permitted. 

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

3.  Snapper  fishing  shall  be  authorised  only  for 
vessels using long lines or traps. 

4.  Shark  fishing  shall  be  authorised  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 
the 
Commission within  30 days of the last day of  each 
fishing trip via the French authorities. 

to 

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  master  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  7 

Article  11 

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. 

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 
in 
Article 9.  The  declaration  shall  be  signed  by  the 
competent official  after  it has been  verified. 

to 

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 

5" 

subject  of  a  declaration  as  referred 
Article 10 (2). 

to 

in 

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. 

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 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  15 

If,  for  a  period  of  one  month,  the  Commission 
receives  no  communication  as  referred  to  in 
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  13 

Article  16 

The  period  of  validity  of  licences  valid  on 
31 December  1997  pursuant  to  Article  1  of 
Regulation  (EC)  No  405/97  may be  extended,  at 
the  request  of  the  authorities  of  the  country 
concerned,  until  31 January  1998.  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 the day of 
its  publication  in  the  Official  Journal  of  the 
European Communities. 

It  shall  apply  from  1  January  to  31  December 
1998. 

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

Done at Brussels, 

For the Council 
The President 

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 

the  obligations  provided 

1. Licences for  vessels which  have note complied 
with 
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. 

for 

in 

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. 

é 

ANNEXE I 

1. 

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 

Guyana 

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 

0-

FICHE  DE  PÊCHE 

ANNEX  II 

D 

D 

D 

D 

N 

N 

N 

N 

N 

D 

D 

N 

N 

D 

D 

N 

N 

N 

N 

N 

Y 

ANNEX11I 

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) 

(e) 

on  each  entry  into  zones  extending  up  to  200  nautical  miles  off  the  coast  of  the  French 
department of Guyana, 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 co-ordinates 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 : 

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

In cases where, for reasons of force majeure,  the communication cannot be transmitted by the vessel 
in possession 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) 

Registration No: 

Name of agent : 

to the 

Quantity of shrimps landed (in live-weight) 

kg 

or ( 

x 1,6) 

kg (head-on shrimps) 

kg 

kg 

kg 

Snapper (Lutjanidae): 

Other: 

kg 

kg 

Name of vessel: 

Name of master: 

Master's signature: 

Voyage made from the 

Port of landing: 

'Head-off  shrimps: 

'Head-on' shrimps: 

Thunnidae: 

Shark: 

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. 

/o 

ISSN 0254-1475 

COM(97) 700 final 

DOCUMENTS 

EN 

03  11 

Catalogue  number  :  CB-CO-97-719-EN-C 

ISBN  92-78-29193-5 

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