Proposal for a Council Regulation fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required
Date: 2008-11-07
Institutions: European Commission
Subjects: EU Member State, EU waters, authorised catch, catch area, fishery management, fishing fleet, fishing regulations, peace zone

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.11.2008 
COM(2008) 709 final 

Proposal for a 

COUNCIL REGULATION 

fixing for 2009 the fishing opportunities and associated conditions 
for certain fish stocks and groups of fish stocks, applicable in 
Community waters and, for Community vessels, in waters where 
catch limitations are required 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

. 

1. 

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  includes  limitations  on  catches  and  on 
fishing  effort  limitations  in  relation  to  recovery  plans  and  long-term  plans  and  also 
includes temporary measures and derogations to other legislation (such as the technical 
measures Regulation, the Regulation for restricting fishing effort on deep sea species, 
etc.).  

Commission  Communication  (COM(2008)  331  final)  sets  out  the  background  to  the 
proposal. Many fish stocks are subject to an advice to reduce catches to zero or to the 
lowest  possible  level.  Many  stocks  are  outside  safe  biological  limits.  Despite 
conservation  measures  imposed  under  the  CFP,  the  number  of  stocks  in  these 
vulnerable  categories  is  not  reducing.  That  analysis  confirms  that  reinforced 
conservation measures concerning exploited fish stocks are highly necessary. 

For  2009,  the  advice  from  ICES  and  STECF  once  more  underlines  the  poor  state  of 
many  fish  resources  in  Community  waters.  Most  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. 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 

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The existing provisions in the area of the proposal expire on 31 December 2008. 

•  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. 

2. 

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,  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 2009 (COM(2008) 331 final), 
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 2009.  

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  where  this  has  been  possible 
without incurring deterioration in the state of vulnerable resources. 

•  Collection and use of experties 

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 

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- International Council for the Exploration of the Sea (ICES). 

- Scientific, Technical and Economic Committee for Fisheries (STECF). 

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 
MARE 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. 

3. 

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 

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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. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities (EU or national), in particular as regards requirements for data transmission 
on the application of the effort management. 

•  Review/revision/sunset clause 

The proposal concerns an annual Regulation for the year 2009 and therefore does not 
include a revision clause. 

•  Detailed explanation of the proposal 

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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 2009 (COM(2008) 331 final), 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  2009.  In  accordance  with  that 
Communication,  for  an  increasing  number  of  stocks,  such  as  for  example  cod,  hake, 
sole, plaice and nephrops, the fishing opportunities have established on the basis of the 
rules laid down in the relevant multi-annual plans.  

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),  in  that  the 
proposal  does  not  correspond  to  increases  in  fishing  mortality  which  would  be  in 
conflict 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. 

In  relation  to  effort  management  a  possible  alternative  system  based  on  kilowatt  day 
ceilings  has  been  discussed  with  Member  States  in  more  detail  since  2007.  The 
previous  "Fishing  opportunities"  Regulation  (for  2008)  maintained  a  management  of 
days at sea per type of vessel having a track record in the fishery, but opened it towards 
an alternative effort management by kilowatt days at the Member State level in order to 
make  a  more  efficient  use  of  fishing  opportunities  and  to  stimulate  conservation 
practices in agreement with the fishing sector. At the same time, it was agreed to work 
towards  a  general  implementation  of  effort  management  by  maximum  kilowatt  days 
per groupings of gears from 2009, an agreement that was linked to the discussion on 
the effectiveness of the cod recovery plan. In 2008, the United Kingdom has used the 
option of introducing alternative effort management by kilowatt days for trawlers in the 
North  Sea  and  to  the  West  of  Scotland.  The  proposal  now  generates  a  management 
shift towards kilowatt days for all Member States concerned by the cod recovery plan, 
while for the effort regimes of the Western Channel sole and the Southern hake fishery 
(Annexes  IIB  and  IIC)  the  option  of  introducing  such  a  system  in  2009  will  be 
maintained. The introduction of kilowatt day ceilings in Annex IIA is both conducive 
to more transparent and effective effort restrictions and to lowering the administrative 
burden, given that the number of different cases to which effort ceilings apply will be 
reduced considerably. 

The  proposal  includes  catch  limitations  agreed  in  the  context  of  certain  Regional 
Fishery  Organisations.  Catch  limitations  and  other  recommendations  from  the  South 
East  Atlantic  Fisheries  Organisation  (SEAFO),  the  South  Pacific  Regional  Fisheries 
Management Organisation (SPFO), the Commission for the Conservation of Southern 
Bluefin Tuna (CCSBT), the Inter American Tropical Tuna Commission (IATTC), the 
Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), 

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the  North  East  Atlantic  Fishery  Commission  (NEAFC  and  the  International 
Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT),are  pending  the  annual 
meetings of these organisations in November and December 2008. 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  of  2008.  These 
TACs are presented as pro memoria (pm).  

It  is  also  to  be  noted  that  in  Annex  II,  which  concerns  fishing  effort  limitations  for 
vessels  in  the  context  of  the  recovery  of  certain  stocks,  including  cod,  the  maximum 
allowable effort, be it measured in days at sea per vessel or in kilowatt days per effort 
group,  are  also  currently  indicated  as  pm,  as  the  Commission  is  still  analyzing  the 
information  and  advice  from  the  Scientific,  Technical  and  Economic  Committee  for 
Fisheries (STECF) regarding effort and catch trends up to and including the year 2007. 
The  STECF  will  hold  its  plenary  meeting  in  November  2008,  after  which  its  final 
report will be made available on the STECF website. 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 
2006  a  10  %  reduction  of  the  effort  on  deep-sea  species,  as  compared  with  the  2005 
levels.  This  reduction,  however,  is  lower  than  the  35  %  required  by  the  North  East 
Atlantic  Fishery  Commission  (NEAFC).  A  further  reduction  of  10  %  from  the  same 
reference  level  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 
potential. 

In-year management systems are maintained for short-lived species such as anchovy in 
the Bay of Biscay and sandeel, Norway pout and sprat in the North sea. In these cases, 
fishing  opportunities  proposed  for  the  early  part  of  2009  may  be  revised  in-year  in 
accordance  with  updated  scientific  advice,  through  Commission  Regulations  which 
will allow for rapid implementation of the management measures envisaged. 

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Proposal for a 

COUNCIL REGULATION 

fixing for 2009 the fishing opportunities and associated conditions 
for certain fish stocks and groups of fish stocks, applicable in 
Community waters and, for Community vessels, in waters where 
catch limitations are required 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation (EC)  No  2371/2002  of  20 December 2002  on  the 
conservation and sustainable exploitation of fisheries resources under the Common Fisheries 
Policy1, 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  quotas2,  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 stocks3, 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 stock4, 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 peninsula5 and in particular Articles 4 and 8 thereof, 

Having regard to Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a 
multiannual  plan  for  the  sustainable  exploitation  of  the  stock  of  sole  in  the  Bay  of  Biscay6, 
and in particular Article 4 thereof, 

Having regard to Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-
annual plan for the sustainable exploitation of the stock of sole in the Western Channel7, and 
in particular Articles 3 and 5 thereof,  

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4 
5 
6 
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OJ L 358, 31.12.2002, p. 59. 
OJ L 115, 9.5.1996, p. 3. 
OJ L 70, 9.3.2004, p. 8. 
OJ L 150, 30.4.2004, p. 1. 
OJ L 345, 28.12.2005, p. 5. 
OJ L 65, 7.3.2006, p. 1. 
OJ L 122, 11.5.2007, p. 7. 

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Having  regard  to  Council  Regulation  (EC)  No  676/2007  of  11  June  2007  establishing  a 
multi-annual plan for fisheries exploiting stocks of plaice and sole in the North Sea8, and in 
particular Articles 6 and 9 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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). 

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. 

In  order  to  ensure  effective  management  of  the  TACs  and  quotas,  the  specific 
conditions under which fishing operations occur should be established. 

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. 

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the 
allocation of fishing opportunities. 

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 fish9, Council Regulation (EEC) No 2930/86 of 22 September 1986 
defining  characteristics  for  fishing  vessels10,  Commission  Regulation  (EEC) 
No 1381/87  of  20  May  1987  establishing  detailed  rules  concerning  the  marking  and 
documentation  of  fishing  vessels11,  Council  Regulation  (EEC)  No  3880/91  of  17 
December 1991 on the submission of nominal catch statistics by Member States in the 
north-east  Atlantic12,  Council  Regulation  (EEC)  No  2847/93  of  12  October  1993 
establishing  a  control  system  applicable  to  the  common  fisheries  policy13,  Council 
Regulation  (EC)  No  1627/94  of  27  June  1994  laying  down  general  provisions 
concerning special fishing permits14, 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 organisms15, Council Regulation (EC) No 1434/98 of 

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15 

OJ L 157, 19.6.2007, p. 1. 
OJ L 276, 10.10.1983, p. 1. 
OJ L 274, 25.9.1986, p. 1. 
OJ L 132, 21.5.1987, p. 9. 
OJ L 365, 31.12.1991, p. 1. 
OJ L 261, 20.10.1993, p. 1. 
OJ L 171, 6.7.1994, p. 7.  
OJ L 125, 27.4.1998, p. 1. 

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29 June 1998 specifying conditions under which herring may be landed for industrial 
purposes  other  than  direct  human  consumption16,  Council  Regulation  (EC)  No 
2347/2002  of  16  December  2002  establishing  specific  access  requirements  and 
associated  conditions  applicable  to  fishing  for  deep-sea  stocks17,  Council  Regulation 
(EC)  No  1954/2003  of  4  November  2003  on  the  management  of  the  fishing  effort 
relating to certain Community fishing areas and resources18, Commission Regulation 
(EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding 
satellite-based  Vessel  Monitoring  Systems19,  Regulation  (EC)  No  423/2004,  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  resources20,  Regulation  (EC)  No  811/2004, 
Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery 
plan  for  Greenland  halibut  in  the  framework  of  the  Northwest  Atlantic  Fisheries 
Organisation21,  Regulation  (EC)  No  2166/2005,  Regulation  (EC)  No  388/2006, 
Council  Regulation  (EC)  No  1967/2006  of  21  December  2006  concerning 
management  measures  for  the  sustainable  exploitation  of  fishery  resources  in  the 
Mediterranean  Sea22,  Regulation  (EC)  No  509/2007,  Council  Regulation  (EC) 
No 520/2007 of 7 May 2007 laying down technical measures for the conservation of 
certain  stocks  of  highly  migratory  species23,  Regulation  (EC)  No  676/2007  Council 
Regulation  (EC)  No  1386/2007  of  22  October  2007  laying  down  conservation  and 
enforcement  measures  applicable  in  the  Regulatory  Area  of  the  Northwest  Atlantic 
Fisheries  Organisation24,  Council  Regulation  (EC)  No  [....]/2008  concerning 
authorisations for fishing activities of Community fishing vessels outside Community 
waters  and  the  access  of  third  country  vessels  to  Community  waters25  and  Council 
Regulation (EC) No […]/2008 fixing for 2009 and 2010 the fishing opportunities for 
Community fishing vessels for certain deep-sea fish stocks26. 

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

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

OJ L 191, 7.7.1998, p. 10. 
OJ L 351, 28.12.2002, p. 6. 
OJ L 289, 7.11.2003, p. 1.  
OJ L 333, 20.12.2003, p. 17. 
OJ L 97, 1.4.2004, p. 16. 
OJ L 340, 23.12.2005, p. 3. 
OJ L 36, 8.2.2007, p. 6. 
OJ L 123, 12.5.2007, p. 3. 
OJ L 318, 5.12.2007, p. 1. 
OJ L[…], [..][..][..].2008, p.X. 
OJ L[…], [..][..][..].2008, p.X. 

(7) 

(8) 

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26 
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(9) 

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

(10)  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. 

(11)  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 
improved 
implementation of the agreed fishing possibilities. 

introduce  associated  conditions 

that  will  result 

in 

to 

(12)  At its Annual Meeting in 2008, the Northwest Atlantic Fisheries Organisation (NAFO) 
adopted  a  number  of  technical  and  control  measures.  It  is  necessary  to  implement 
these measures. 

(13) 

(14) 

(15) 

[At  its  XXVIth  annual  meeting  in  2007,  the  Commission  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.] 

[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 
2008-2009 season and the corresponding season limit dates should be applied.] 

In  accordance  with  Article  2  of  Regulation  (EC)  No  847/96  of  6  May  1996, 
introducing additional conditions for year-to-year management of TACs and quotas27, 
the  stocks  that  are  subject  to  the  various  measures  referred  to  therein  must  be 
identified. 

(16) 

In  accordance  with  the  procedure  provided  for  in  the  agreements  or  protocols  on 
fisheries  relations,  the  Community  has  held  consultations  on  fishing  rights  with 
Norway28, the Faroe Islands29 and Greenland30. 

(17)  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. 

27 
28 
29 
30 

OJ L 115, 9.5.1996, p. 3. 
OJ L 226, 29.8.1980, p. 48. 
OJ L 226, 29.8.1980, p. 12. 
OJ L 172, 30.6.2007, p. 1 

EN 

11 

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(18) 

In  order  to  comply  with  the  North-East  Atlantic  Fisheries  Commission  (NEAFC) 
recommendation agreed in November 2008 it is necessary to adopt conservation and 
management  measures  for  deep-sea  species  in  the  NEAFC  Regulatory  area, 
particularly on effort levels. 

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

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

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

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

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

(24) 

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

(25)  Having regard to the statement from the Commission at the meeting of the Council of 
Fisheries  Ministers  of  December  2007  and  following  further  scientific  analysis  and 
consultations  with  stakeholders  in  2008,  it  is  appropriate  to  take  measures  to  protect 
the  spawning  aggregations  of  blue  ling  in  addition  to  catch  limitations  in  view  of 
regulating directed fishery and by-catches in order to protect spawning aggregations of 
blue ling in ICES zone VIa. 

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

(27) 

[In  accordance  with  the  Agreed  Record  of  conclusions  between  the  European 
Community  and  Norway  of  [..]  November  2008,  technical  measures  to  increase 

EN 

12 

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selectivity  of  towed  gears  in  order  to  reduce  discards  of  whiting  in  the  North  Sea 
should continue to be tested during the first part of 2009.] 

(28) 

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

(29)  The use of gears that do not catch Norway lobster should be permitted in certain areas 

dedicated to the protection of the species, where fishing is prohibited. 

(30) 

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

(31)  The  control  of  landings  and  transhipments  of  fish  frozen  after  being  caught  by  third 
country  fishing  vessels  landed  in  Community  ports,  as  recommended  by  NEAFC, 
should  be  maintained.  In  2008  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. 

(32) 

(33) 

(34) 

(35) 

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

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

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

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

(36)  At its Annual Meetings in 2007 and 2008, the General Fisheries Commission for the 
Mediterranean (GFCM) adopted a number of recommendations on technical measures 
for  certain  fisheries  in  the  Mediterranean  Sea,  as  well  as  a  scheme  for  port  State 
control, establishing a system of port inspections in view of combating IUU fisheries 
in the context of the specificities of the GFCM area and preventing IUU vessels to use 
ports of GFCM  contracting parties. In order to contribute to the conservation of fish 

EN 

13 

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stocks and to protect the environment from harmful effects from fishing it is necessary 
to implement these measures in 2009 pending the adoption of a regulation amending 
Regulation  (EC)  No  1967/2006.  Having  regard  to  the  existing  obligation  under 
Community law for the inspection of vessels active in the Bluefin tuna fisheries and in 
order to ensure that the inspections required under the GFCM recommendation would 
yield the intended results, it is necessary to apply a higher percentage of inspections to 
be conducted than the minimum percentage recommended by the GFCM.  

(37)  At  its  Annual  Meeting  in  2008,  the  South  East  Atlantic  Fisheries  Organisation 
(SEAFO) adopted catch limits for 2 additional fish stocks in the SEAFO Convention 
Area. It is necessary to implement these measures into Community law.  

(38) 

(39) 

(40) 

[At  its  Annual  Meetings  in  2007  and  2008  the  Indian  Ocean  Tuna  Commission 
(IOTC)  adopted  a  number  of  management  and  control  measures.  It  is  necessary  to 
implement these measures into Community law. ] 

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

[At its Annual Meeting in 2008, the International Commission for the Conservation of 
Atlantic  Tunas  (ICCAT)  adopted  the  quotas  and  the  adjusted  quotas  to  reflect  the 
under-utilisation  and  over-utilisation  of  the  fishing  possibilities  of  the  ICCAT 
contracting  parties.  ICCAT  further  adopted  a  technical  conservation  measure  for 
Mediterranean  swordfish  in  2009.  In  order  to  contribute  to  the  conservation  of  fish 
stocks it is necessary to implement this measure.]  

(41) 

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. 

(42)  The  Community  has  been  a  cooperating  non-member  of  the  Commission  for  the 
Conservation of Southern Bluefin Tuna (CCSBT) since January 2007. The Convention 
establishing 
international 
this  Commission  provides  a  framework  for  closer 
cooperation  for  the  purpose  of  ensuring  the  conservation  and  optimum  utilisation  of 
southern bluefin tuna. As a cooperating non-member, the Community has committed 
to implement the measures adopted by the CCSBT. At its Annual Meeting in 2008, the 
CCSBT  adopted  catch  limits  for  fish  stocks  in  the  CCSBT  Convention  Area  for 
Community vessels. It is necessary to implement these measures into Community law. 

(43)  Having regard to Article 6(9) of the Act of Accession of 2003, the Community has the 
responsibility  to  manage  the  fisheries  agreements  concluded  by  the  new  Member 
States  with  third  countries.  Poland  has  been  a  member  of  the  Convention  on  the 
Conservation and Management of Pollock Resources in the Central Bering Sea since 
1994.  At  its  Annual  Meeting  in  2008,  the  Convention  adopted  management  and 
conservation measures for Pollock resources in the Central Bering Sea. It is necessary 
to implement these measures into Community law. 

EN 

14 

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(44) 

In  order  to  ensure  the  livelihood  of  Community  fishers  and  in  order  to  avoid 
endangering  resources  and  any  possible  difficulty  due  to  the  lapsing  of  Council 
Regulation  (EC)  No  40/2008  of  16  January  2008  fixing  for  2008  the  fishing 
opportunities  and  associated  conditions  for  certain  fish  stocks  and  groups  of  fish 
stocks, applicable in Community waters and, for Community vessels, in waters where 
catch  limitations  are  required31,  it  is  essential  to  open  those  fisheries  on  1  January 
2009 and maintain in force in January 2009 some of the rules of the said Regulation. 
Given the urgency of the matter, it is imperative to grant an exception to the six-week 
period  referred  to  in  Title  I,  Article  3  of  the  Protocol  on  the  role  of  national 
Parliaments in the European Union, annexed to the Treaty on European Union and to 
the Treaties establishing the European Communities, 

31 

OJ L 19, 23.1.2008, p. 1. 

EN 

15 

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HAS ADOPTED THIS REGULATION: 

CHAPTER I 
Scope and definitions 

Article 1 
Subject matter 

This  Regulation  fixes  fishing  opportunities  for  the  year  2009,  for  certain  fish  stocks  and 
groups  of  fish  stocks,  and  the  associated  conditions  under  which  such  fishing  opportunities 
may be used. 

In addition, it fixes certain effort limits and associated conditions for January 2010, and for 
certain  Antarctic  stocks  it  fixes  the  fishing  opportunities  and  specific  conditions  for  the 
periods set out in Annex IE. 

Article 2 
Scope 

1. 

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

(a)  Community fishing vessels ("Community vessels"); and 

(b)  Fishing  vessels  flying  the  flag  of,  and  registered  in,  third  countries  ("third-

country fishing vessels") in Community waters ("EC waters"). 

2. 

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

Article 3 
Definitions 

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

(a) 

(b) 

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

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

EN 

16 

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(c) 

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

Article 4 
Fishing zones 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

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

"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; 

"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; 

"Gulf of Cádiz" means the area of ICES zone IXa east of longitude 7º23'48"W; 

The GFCM (General Fisheries Commission for the Mediterranean) zone is as defined 
in  Council  Decision  98/416/EC  of  16  June  1998  on  the  accession  of  the  European 
Community to the General Fisheries Commission for the Mediterranean32; 

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 Atlantic33; 

"NEAFC  Convention  Area"  means  the  waters  as  set  out  in  Article  1  of  the 
Convention  attached  to  Council  Decision  81/608/EEC  of  13  July  1981  concerning 
the  conclusion  of  the  Convention  on  Future  Multilateral  Cooperation  in  the  North-
East Atlantic Fisheries34; 

"NEAFC Regulatory Area" means the waters of the NEAFC Convention Area which 
lie beyond the waters under the jurisdiction of NEAFC Contracting Parties; 

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 Atlantic35; 

32 
33 
34 
35 

OJ L 190, 4.7.1998, p. 34. 
OJ L 270, 13.11.1995, p. 1. 
OJ L 227, 12.8.1981, p. 21. 
OJ L 186, 28.7.1993, p. 1. 

EN 

17 

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(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

36 
37 
38 
39 
40 
41 

"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; 

SEAFO (South East Atlantic Fisheries Organisation) zones are as defined in Council 
Decision  2002/738/EC  of  22  July  2002  on  the  conclusion  by  the  European 
Community  of  the  Convention  on  the  Conservation  and  Management  of  Fishery 
Resources in the South-East Atlantic Ocean36; 

The ICCAT (International Commission for the Conservation of Atlantic Tunas) zone 
is as defined in Council Decision 86/238/EECof 9 June 1986 on the accession of the 
Community to the International Convention for the Conservation of Atlantic Tunas, 
as  amended  by  the  Protocol  annexed  to  the  Final  Act  of  the  Conference  of 
Plenipotentiaries  of  the  States  Parties  to  the  Convention  signed  in  Paris  on  10  July 
198437; 

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

The  IATTC  (Inter  American  Tropical  Tuna  Convention)  zone  is  as  defined  in 
Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the 
European  Community,  of  the  Convention  for  the  Strengthening  of  the  Inter-
American  Tropical Tuna Commission established by the 1949 Convention between 
the United States of America and the Republic of Costa Rica38; 

The IOTC (Indian Ocean Tuna Commission) zone is as defined in Council Decision 
95/399/EC  of  18  September  1995  on  the  accession  of  the  Community  to  the 
Agreement for the establishment of the Indian Ocean Tuna Commission39; 

"  SPFO  (South  Pacific  Regional  Fisheries  Management  Organisation)  area"  means 
the high seas area south of the Equator, north of the CCAMLR Convention area, east 
of the SIOFA Convention Area as defined in the Council Decision 2006/496/EC of 6 
July  2006  on  the  signing,  on  behalf  of  the  European  Community,  of  the  Southern 
Indian Ocean Fisheries Agreement40, and west of the areas of fisheries jurisdictions 
of South American States; 

The WCPFC (Western and Central Pacific Fisheries Convention) zone is as defined 
in  Council  Decision  2005/75/EC  of  26  April  2004  on  the  accession  of  the 
Community  to  the  Convention  on  the  Conservation  and  Management  of  Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean41. 

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

OJ L 234, 31.8.2002, p. 39. 
OJ L 162, 18.6.1986, p. 33. 
OJ L 224, 16.8.2006, p. 22. 
OJ L 236, 5.10.1995, p. 24. 
OJ L 196, 18.7.2006, p. 14. 
OJ L 32, 4.2.2005, p. 1. 

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CHAPTER II 
Fishing opportunities and associated conditions 
for Community vessels 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 5 
Catch limits and allocations 

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. 

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

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

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

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

The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII 
in  accordance  with  the  procedure  referred  to  in  Article  30(2)  of  Regulation  (EC) 
No 2371/2002 in the light of scientific information collected during the first half of 
2009. 

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

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Article 6 
Prohibited species 

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

– 

– 

Basking shark (Cetorhinus maximus), 

White shark (Carcharodon carcharias). 

Article 7 
Special provisions on allocations 

1. 

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

(a) 

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

(b) 

reallocations  made  pursuant  to  Articles  21(4),  23(1)  and  32(2)  of  Regulation 
(EEC) No 2847/93, pursuant to Article 23(4) of Regulation (EC) No 2371/2002 
or pursuant to Article 10(4) of Regulation (EC) No […]/2008  

(c) 

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

(d)  quantities  withheld  in  accordance  with  Article  4  of  Regulation  (EC)  No 

847/96; 

(e) 

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

2. 

For  the  purpose  of  withholding  quotas  to  be  transferred  to  2010,  Article  4(2)  of 
Regulation (EC) No 847/96 shall apply, by way of derogation from that Regulation, 
to all stocks subject to analytical TAC. 

Article 8 
Fishing effort limits and associated conditions 
for the management of stocks 

1. 

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

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

(b)  Annex  IIB  shall  apply  for  the  management  of  hake  and  Norway  lobster  in 

ICES zones VIIIc and IXa with the exception of the Gulf of Cádiz; 

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

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20 

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2. 

3. 

4. 

(d)  Annex  IID  shall  apply  for  the  management  of  sandeel  stocks  in  ICES  zones 

IIIa and IV and EC waters of ICES zone IIa. 

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

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

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

Article 9 
Conditions for landing catches and by-catches 

1. 

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

(a) 

(b) 

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

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; 

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21 

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(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. 

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. 

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

Article 10 
Unsorted landings in ICES zones IIIa, IV and VIId 
and EC waters of ICES zone IIa 

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

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. 

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. 

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

3. 

4. 

1. 

2. 

3. 

4. 

Article 11  
Access limits 

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

Article12 
Determination of mesh size and twine thickness 

Mesh  size  and  twine  thickness  referred  to  in  this  Regulation  shall  be  determined  in 
accordance with Commission Regulation (EC) No 129/2003 of 24 January 2003 laying down 

EN 

22 

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detailed rules for determining the mesh seize and thickness of twine of fishing nets42, when 
Community  fishing  vessels  are  inspected  by  Community  inspectors,  Commission  inspectors 
and national inspectors. 

Article 13 
Transitional technical and control measures 

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

CHAPTER III 
Catch limits and associated conditions 
for third-country fishing vessels 

Article 14 
Authorisation 

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

Article 15 
Prohibited species 

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

– 

– 

1. 

2. 

Basking shark (Cetorhinus maximus), 

White shark (Carcharodon carcharias). 

Article 16 
Geographical restrictions 

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. 

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. 

42 

OJ L 22, 25.1.2003, p. 5. 

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23 

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3. 

Fishing by fishing vessels flying the flag of Venezuela shall be limited to those parts 
of the 200 nautical mile zone lying seawards of 12 nautical miles from the baselines 
of the Department of French Guyana. 

Article 17 
Transit through Community waters 

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

(a) 

(b) 

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

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

Article 18 
Conditions for landing catches and by-catches 

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

Article 19 
Transitional technical and control measures 

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

CHAPTER IV 
FISHING AUTHORISATIONS OF COMMUNITY VESSELS 

Article 20 
Fishing authorisations and associated conditions 

1. 

The  following  Community  vessels  shall  be  exempt  from  the  obligation  to  have  a 
fishing authorisation, as set out in Article 3 of Regulation (EC) No […]/2008, when 
they engage in fishing activities in Norwegian waters of the North Sea: 

(a) 

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

(b)  vessels  carrying  out  fisheries  for  human  consumption  for  species  other  than 

mackerel; or 

(c) 

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

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3. 

4. 

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

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

5. 

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

Article 21 
Faroe Islands 

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

CHAPTER V 
FISHING AUTHORISATION OF THIRD-COUNTRY FISHING 
VESSELS 

Article 22 
Obligation to have a fishing authorisation 

1. 

2. 

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

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

Article 23 
Application for a fishing authorisation 

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

(a) 

(b) 

name of the vessel; 

registration number; 

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25 

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

external identification letters and numbers; 

port of registration; 

name and address of the owner or charterer; 

gross tonnage and overall length; 

engine power; 

call sign and radio frequency; 

intended method of fishing; 

intended area of fishing; 

species for which it is intended to fish; 

period for which an authorisation is applied for. 

Article 24 
Number of fishing authorisations 

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

Article 25 
Cancellation  

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

Article 26 
Obligations of the holder of the fishing authorisation 

1. 

2. 

3. 

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

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

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

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26 

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1. 

2. 

1. 

2. 

Article 27 
Specific provisions concerning the Department of French Guyana 

In addition to the conditions set out in Chapter III of Regulation (EC) No […]/2008, 
the  granting  of  fishing  authorisations  to  fish  in  the  waters  of  the  Department  of 
French Guyana shall be subject to an undertaking by the owner of the third-country 
fishing vessel concerned to permit an observer to come on board at the Commission's 
request. 

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

CHAPTER VI 
Special provisions for Community vessels 
fishing in the GFCM Area  

SECTION 1 
CONSERVATION MEASURES 

Article 28 
Establishment of a closed season for the dolphinfish fisheries 
using fish aggregating devices (FADs) 

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

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

(a) 

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

(b) 

the name of the vessel; 

(c) 

the registration number; 

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27 

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3. 

4. 

(d) 

the  external  identification  markings  as  defined  in  Annex  I  to  Commission 
Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing 
fleet register43. 

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

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

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

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

Article 29 
Establishment of fisheries restrictive areas in order to 
protect the deep-sea sensitive habitats 

1. 

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

(a)  Deep  Sea  fisheries  restricted  area  "Lophelia  reef  off  Capo  Santa  Maria  di 

Leuca" 

– 

– 

– 

– 

39° 27.72' N, 18° 10.74' E 

39° 27.80' N, 18° 26.68' E 

39° 11.16' N, 18° 32.58' E 

39° 11.16' N, 18° 04.28' 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; 

43 

OJ L 5, 9.1.2004, p. 25. 

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28 

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(c)  Deep Sea fisheries restricted area "The Eratosthenes 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. 

1. 

2. 

3. 

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

Article 30 
Minimum mesh size of trawl nets deployed in certain local 
and seasonal demersal trawl fisheries in the Mediterranean Sea 

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

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

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

4. 

The list of authorised vessels shall include the following information: 

(a) 

the name of the vessel; 

(b) 

(c) 

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

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

(d) 

the authorised fishing period.  

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29 

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5. 

6. 

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

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

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SECTION 2 
REGIONAL SCHEME ON PORT STATE MEASURES  

Article 31 
Definitions 

For the purposes of implementing this Section, the following definitions shall apply:  

(1) 

“fishing”means: 

(i) 

the actual or attempted searching for, catching, taking or harvesting of fish in 
the GFCM Area; and 

(ii) 

engaging  in  any  activity  which  can  reasonably  be  expected  to  result  in  the
 locating, catching, taking or harvesting of fish in the GFCM Area; 

“fishing  related  activity”  means  any  operation  in  support  of,  or  in  preparation  for, 
fishing, including the processing, transhipment or transport of fish that have not been 
previously landed and offloaded at a port, as well as the provision of personnel, fuel, 
gear and other supplies at sea; 

“vessel covered by the GFCM Agreement” means a fishing vessel or any other vessel 
used for, equipped to be used for, or intended to be used for, fishing or fishing related 
activities in the GFCM Area. 

“port”  means  a  port  within  the  GFCM  area,  including  offshore  terminals  and  other 
installations for landing, transhipping, processing refuelling or resupplying; 

the  definition  of  illegal,  unreported  and  unregulated  (IUU)  as  laid  down  in  Article 
2(1) of Council Regulation (EC) No […]/2008 establishing a Community system to 
prevent, deter and eliminate illegal, unreported and unregulated fishing44. 

Article 32 
Scope 

This Section  shall apply to third-country vessels covered by the GFCM Agreement 
which  are  seeking  access  to  or  are  present  in  a  port  of  a  Member  State  and  to 
Community vessels covered by the GFCM Agreement seeking access to or present in 
a port of a third-country GFCM Contracting Party. 

Member States  may take additional measures to reinforce effective jurisdiction and 
control  over  the  fishing  and  fishing  related  activities  of  vessels  flying  their  flag, 
which are seeking access to or are present in their ports, including the measures laid 
down in this Section.  

OJ:  Please  add  the  date  and  number  in  12083/08  in  the  text  and  the  publication  reference  in  this 
footnote. 

(2) 

(3) 

(4) 

(5) 

1. 

2. 

44 

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31 

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Article 33 
Relation with other Community provisions 

Unless  otherwise  provided  for  in  this  Section,  this  Section  shall  apply  without  prejudice  to 
Regulation  (EEC)  No  2847/93  and  to  Council Regulation  (EC)  No  1093/94  of  6  May  1994 
setting the terms under which fishing vessels of a third country may land directly and market 
their catches at Community ports45.  

1. 

2. 

3. 

4. 

1. 

2. 

Article 34 
Cooperation and exchange of information 

The Commission and Member States shall cooperate and exchange information with 
Executive  Secretary  of  the  GFCM,  GFCM  Contracting  Parties  and  international 
organizations, in particular by: 

(a) 

requesting information from, and providing information to, relevant databases; 

(b) 

requesting and providing cooperation to promote the effective implementation 
of this Section. 

Member States shall ensure, that their national fisheries related information systems 
allow  for  the  direct  electronic  exchange  of  information  on  port  State  inspections 
referred to in this Section between them and the GFCM Secretariat, with due regard 
to appropriate confidentiality requirements. 

Member States shall take measures to share by electronic means information among 
relevant  national  agencies  and  to  coordinate  the  activities  of  such  agencies  in  the 
implementation of the measures under this Section.  

Member States shall establish a list of contact points for the purpose of this Section, 
which  shall  be  transmitted  electronically,  by  15  February  2009  at  the  latest  to  the 
Commission, the Executive Secretary of GFCM and GFCM Contracting Parties. 

Article 35 
Designation of ports 

By way of derogation from Article 3 of Regulation (EC) No 1093/94, Member States 
shall  designate  the  ports  to  which  third-country  vessels  covered  by  the  GFCM 
Agreement may be permitted access and shall ensure that every designated port has 
sufficient  inspection  capacity  to  conduct  inspections  and  to  take  other  port  State 
measures in accordance with this Section.  

Member  States  shall,  by  15  February  2009,  notify  to  the  Commission  and  the 
Executive Secretary of GFCM the ports designated under paragraph 1 and make the 
information available on their website. 

45 

OJ L 121, 12.5.1994, p. 3. 

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32 

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1. 

2. 

3. 

4. 

Article 36 
Prior Notice of Entry into Port and Port Use Authorisation 

By  way  of  derogation  from  Article  28e(1)  of  Regulation  (EEC)  No  2847/93,  the 
master of a third-country vessel covered by the GFCM Agreement wishing to utilise 
a designated port referred to in Article 35 shall comply with the requirement of the 
designated ports scheme as established by the port Member State in accordance with 
this  Section  and  shall  notify  the  competent  authorities  of  that  Member  State  of  its 
intentions  at  least  72  hours  before  the  estimated  time  of  arrival.  Another  deadline 
may be established by the port State, taking into account, in particular, the distance 
between the fishing grounds and its ports.  

The notification referred to in paragraph 1 shall include at least the information set 
out in Annex VIII, part A. 

The competent authorities of the Member State shall communicate to the master of 
the third-country vessel seeking access to its port, in a written form, the authorisation 
for use of the port for landing, transhipping or processing. The master shall present 
the  authorisation  to  the  competent  port  authorities  upon  arrival  at  port  before 
commencing the authorized activities. 

Member States shall record, in electronic and paper format, the authorisations issued 
on the basis of this Article or the denial of access in accordance with Article 37 or 
38. 

Article 37 
Denial of use of port 

Member States shall not allow a third-country vessel covered by the GFCM Agreement to use 
their designated ports, as designated in accordance with Article 35, for landing, transhipping 
or  processing  of  fisheries  products  caught  in  the  GFCM  area  and  deny  it  access  to  port 
services, in particular refuelling and resupplying services, if: 

(a) 

(b) 

(c) 

(d) 

the  master  of  the  vessel  has  not  complied  with  its  obligations  as  set  out  in  Article 
36(1); 

the vessel is not flying the flag of a GFCM Contracting Party; or  

the  vessel  is  included  in  a  list  of  vessels  having  engaged  in,  or  supported,  IUU 
fishing  adopted  by  a  regional  fisheries  management  organisation  to  which  the 
Community is party.  

there  are  reasonable  grounds  to  believe  that  the  vessel  does  not  have  a  valid 
authorisation to engage in fishing or fishing related activities in the GFCM Area and, 
upon being informed of those grounds, the master has not provided evidence of such 
authorisation.  

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Article 38 
Presumed IUU fishing 

1. 

2. 

1. 

2. 

Where a port Member State has reasons to assume that a third-country vessel which 
is seeking access to one of its ports, has carried out or supported IUU fishing in the 
GFCM  Area,  it  shall  notify  the  owner  and,  where  appropriate,  the  operator  of  the 
fishing vessel by issuing a detailed statement of reasons, mentioning the right to ask 
for or to provide additional information, and give him the opportunity to be heard. 

Where,  on  the  basis  of  information  obtained  in  accordance  with  paragraph  1,  a 
Member  State  has  reasonable  grounds  to  believe  that  the  vessel  has  carried  out,  or 
supported  IUU,  it  shall  not  allow  that  vessel  to  use  their  ports  for  landing, 
transhipping or processing of fisheries products caught in the GFCM area and deny it 
access to port services, including, in particular, refuelling and resupplying services.  

Article 39 
Communication and withdrawal of denial 

Where  a  Member  State  has  denied  the  use  of  its  ports  in  accordance  Article  37  or 
Article 38(2), it shall promptly notify owner and, where appropriate, the operator of 
the  fishing  vessel,  the  flag  State,  the  Commission,  the  Executive  Secretary  of  the 
GFCM and other GFCM Contracting Parties of such action together with a detailed 
statement of reasons. 

Where  the  grounds  for  denial  referred  to  in  Article  37  and  38  no  longer  apply,  the 
Member State shall withdraw its denial and notify those to whom a notification was 
issued pursuant to paragraph 1. 

Article 40 
Force majeure or distress 

The  provisions  of  Articles  37  and  38  shall  not  affect  the  access  of  vessels  to  port  in 
accordance with international law for reasons of force majeure or distress and the supply of 
services to vessels essential to the safety, health and welfare of the crew. 

Article 41 
Non-authorized entry 

Member States shall ensure that any third-country vessel that has engaged in fishing or fishing 
related activities in the GFCM area and is entering their ports without prior authorisation shall 
be subject to inspection in accordance with this Section. 

Article 42 
Inspections 

1. 

Each Member State shall inspect at least 50% of the third-country vessels entering its 
ports during the year 2009, in accordance with the inspection procedures set out in 
Annex VIII, part B. 

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2. 

In determining which vessels to inspect, Member States shall give priority to: 

(a) 

vessels that have previously been denied the use of a port by another Member 
State in accordance with this Section, or by another GFCM Contracting Party 
in accordance with the provisions established by the GFCM, or 

(b) 

requests  from  other  Member  States  or  GFCM  Contracting  Parties  or  regional 
fisheries management organisation that particular vessels be inspected. 

Member States shall establish the conditions for the certification of its inspectors for 
the purpose of carrying out the inspections under this Article. Such conditions shall 
include the elements for the training of inspectors in Annex VIII, part C. 

Inspections shall be carried out in such a way as to avoid unduly delaying vessels and 
to  ensure  that  vessels  suffer  the  minimum  interference  and  inconvenience  possible 
and that degradation of the quality of the fish is avoided. 

The  results  of  the  inspection  shall  be  laid  down  in  an  inspection  report,  to  be 
completed and signed by the inspector and including at least the information set out 
in Annex VIII, part D.  

The  results  of  inspection  shall  be  presented  to  owner  and,  where  appropriate,  the 
operator of the fishing vessel for review, who shall be given the opportunity to add 
any comment to the report and to contact the relevant authorities of the flag State, in 
particular  when  there  are  serious  difficulties  in  understanding  the  contents  of  the 
report.  

A  copy  of  the  report  of  inspection  shall  be  provided  to  the  master  of  the  inspected 
vessel to be kept on board the vessel. 

3. 

4. 

5. 

6. 

7. 

Article 43 
Standardised information on port inspections 

Member States shall record and handle the information on port inspections in a standardised 
form in accordance with the provisions laid down in Annex VIII, part E. 

Article 44 
Role of the flag State 

1. 

2. 

Member  States  shall  ensure  that  vessels  flying  their  flag  land,  tranship  and  process 
fish,  and  use  other  port  services,  in  ports  of  other  Member  States  or  GFCM 
Contracting Parties that are acting in accordance, or in a manner consistent, with this 
Section.  

When a Member State has reasonable grounds to assume that a vessel flying its flag 
has carried out, or supported, IUU fishing and is seeking access to or is in the port of 
another  Member  State  or  GFCM  Contracting  Party,  it  shall,  as  appropriate,  request 
that Member State or GFCM Contracting Party to inspect the vessel and to advise it 
of the results. 

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3. 

The master of a vessel when being inspected shall: 

a) 

b) 

co-operate with and assist in the inspection of the vessel conducted pursuant to 
the procedures in this Section, and not obstruct, intimidate or interfere with the 
inspectors in the performance of their duties; 

provide  access  to  any  areas,  decks  and  rooms  of  the  vessel,  catches  and 
fisheries products on board, nets or other gear, equipment, and any information 
or  documents  which  the  inspector  deems  necessary  in  undertaking  an 
inspection; 

c) 

provide  access  to  registration  documents,  fishing  authorisations  or  any  other 
documentation as required by the inspector. 

If  the  master  of  a  vessel  refuses  to  allow  an  authorized  inspector  to  carry  out  an 
inspection  in  accordance  with  this  Section, the  master  shall  offer  an  explanation  of 
the reason for such refusal. The port inspection authorities of the concerned Member 
State shall immediately notify the authorities of the flag State, the Commission and 
the Executive Secretary of the GFCM of the master’s refusal and explanation. 

In case the master of a vessel flying the flag of a Member State does not comply with 
its  obligations  under  paragraph  3  and  the  explanation  for  refusal  referred  to  in 
paragraph  4  cannot  be  considered  to  be  justified  on  grounds  of  force  majeure  or 
distress, the flag Member States shall take appropriate action in respect of the vessel 
concerned, in particular by suspending the vessel’s authorisation to fish and order the 
vessel to remain in port or by taking other measures that it deems appropriate. The 
flag  Member  State  shall  immediately  notify  the  port  inspection  authorities,  the 
Commission and the Executive Secretary of the GFCM of the action it has taken in 
these circumstances. 

SECTION 3 
REPORTING OF STATISTICAL MATRIXES 

Article 45 
Transmission of data 

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

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

Member  States  shall  use  the  GFCM  data-entry  system  as  available  at  the  GFCM 
web-site46 for the submission of data referred to in paragraphs 1 and 2. 

4. 

5. 

1. 

2. 

3. 

46 

http://www.gfcm.org/gfcm/topic/16164 

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36 

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4. 

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

CHAPTER VII 
Special provisions for Community vessels fishing 
in the NAFO Regulatory Area  

1. 

2. 

3. 

1. 

2. 

3. 

Article 46 
Catch reporting  

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

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

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

Article 47 
 Additional control measures 

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

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

the  amount  of  catch 

retained  on  board, 

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

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4. 

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

CHAPTER VIII 
Special provisions for the landing or 
transhipping of fish frozen after being caught by 
third-country fishing vessels in 
the NEAFC Convention area  

Article 48 
Port State control 

Without prejudice to Regulation (EEC) No 2847/93 and to Regulation (EC) No 1093/94 the 
procedures set out in this Chapter shall apply to landing or transhipping in ports of Member 
States  of  fish  frozen  after  being  caught  by  third  country  fishing  vessels  in  the  NEAFC 
Convention area. 

Article 49 
Designated ports 

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

Member  States  shall  designate  a  place  used  for  landings  or  a  place  close  to  the  shore 
(designated ports) where landings or transhipment operations of fish, referred to in Article 48, 
are permitted. Member States shall notify the Commission of any changes to the list of ports 
designated in 2007 at least fifteen days before the change shall come into force.  

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

Article 50 
Prior notice of entry into port 

1. 

By  way  of  derogation  from  Article  28e(1)  of  Regulation  (EEC)  No  2847/93,  the 
masters  of  all  fishing  vessels  or  their  representatives,  carrying  fish  referred  to  in 
Article  48  of  this  Regulation,  intending  to  call  into  a  port  to  land  or  tranship  shall 
notify the competent authorities of the Member State of the port they wish to use at 
least three working days before the estimated time of arrival.  

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2. 

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

3. 

4. 

1. 

2. 

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

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

Masters  of  vessels  or  their  representatives  may  cancel  a  prior  notification  by 
notifying  the  competent  authorities  of  the  port  they  wish  to  use  at  least  24  hours 
before  the  notified  estimated  time  of  arrival  in  the  port.  The  notification  shall  be 
accompanied  by  a  copy  of  the  original  notification  PSC1  or  2  with  the  word 
"CANCELLED" written across Part B. 

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

Article 51 
Authorisation to land or tranship 

Landings  or  transhipments  may  only  be  authorised  by  the  competent  authorities  of 
the  port  Member  State  if  the  flag  State  of  the  fishing  vessel  intending  to  land  or 
tranship, or where the vessel has engaged in transhipment operations outside a port, 
the flag State or States of donor vessels, have confirmed by returning a copy of the 
form transmitted pursuant to Article 50(3) with Part B duly completed, that: 

(a) 

(b) 

(c) 

(d) 

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

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; 

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

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

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

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

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39 

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competent  authorities  of  the  port  Member  State  may  confiscate  and  dispose  of  the 
fish in accordance with national rules. 

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

Article 52 
Inspections 

The  competent  authorities  of  Member  States  shall  carry  out  inspections  of  at  least 
15 %  of  landings  or  transhipments  by  third  country  fishing  vessels,  referred  to  in 
Article 48, in its ports each year. 

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. 

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

the  minimum 

that 

Article 53 
Inspection reports 

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

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

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

3. 

1. 

2. 

3. 

1. 

2. 

3. 

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40 

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[CHAPTER IX 
Special provisions for Community vessels 
fishing in the CCAMLR Convention Area  

SECTION 1 
RESTRICTIONS AND VESSEL INFORMATION REQUIREMENTS 

Article 54 
Prohibitions and catch limitations 

1. 

2. 

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

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

SECTION 2 
EXPLORATORY FISHERIES 

Article 55 
Rules of conduct for exploratory fisheries  

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

(a) 

(b) 

(c) 

(d) 

(e) 

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

sufficient immersion survival suits for all on board; 

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

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

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

EN 

41 

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Article 56 
Participation in exploratory fisheries 

1. 

2. 

3. 

4. 

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

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

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  XII.  Fishing  in  any  SSRU  shall  cease  when  the  reported  catch  reaches  the 
specified catch limit, and that SSRU shall be closed to fishing for the remainder of 
the season. 

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 57 
Reporting systems 

Fishing vessels participating in the exploratory fisheries as referred to in Article 55 shall be 
subject to the following catch and effort reporting systems: 

(a) 

(b) 

(c) 

1. 

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; 

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

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

Article 58 
Definition of hauls 

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. 

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42 

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2. 

To be designated as a research haul: 

(a) 

(b) 

(c) 

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; 

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; 

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 59 
Research plans 

Fishing  vessels  participating  in  the  exploratory  fisheries  referred  to  in  Article  55  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: 

(a) 

(b) 

(c) 

(d) 

(e) 

1. 

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 58(2); 

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  58(2),  these  hauls  may  also  be 
designated as research hauls; 

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; 

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

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 60 
Data collection plans 

Fishing  vessels  participating  in  the  exploratory  fisheries  referred  to  in  Article 56 
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: 

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43 

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(a) 

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

(b) 

the setting, soak, and hauling times; 

(c) 

the number and species of fish lost at surface; 

(d) 

the number of hooks set; 

(e) 

the bait type; 

(f) 

the baiting success ( %); 

(g) 

the hook type; and 

(h) 

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 61 
Tagging programme 

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

Article 62 
Scientific observers 

1. 

2. 

Each fishing vessel participating in the exploratory fisheries referred to in Article 56 
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. 

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

Article 63 
Notifications of intent to participate in a krill fishery 

1. 

By  way  of  derogation  from  Article  5a  of  Regulation  (EC)  No  601/2004,  Member 
States intending to fish for krill in the CCAMLR Convention Area, shall notify the 

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44 

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2. 

3. 

4. 

CCAMLR  Secretariat  and  the  Commission,  of  their  intention  not  less  than  four 
months  in  advance  of  the  annual  meeting  of  the  CCAMLR  Commission, 
immediately  prior  to  the  season  in  which  they  intend  to  fish,  using  the  format  laid 
down in Annex XIII to this Regulation in order to ensure an appropriate review by 
the CCAMLR Commission before the vessels commence fishing.  

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

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

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

(i) 

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

(ii) 

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

5. 

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

Article 64 
Precautionary catch limitations on 
krill fishery for certain sub areas 

1. 

2. 

3. 

4. 

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

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

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

Each vessel participating in the krill fishery in Division 58.4.2 shall have at least one 
scientific  observer  in  accordance  with  the  CCAMLR  Scheme  of  International 
Scientific Observation or a domestic scientific observer fulfilling the requests in that 

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45 

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scheme,  and  where  possible  one  additional  scientific  observer  on  board  throughout 
all fishing activities within the fishing period. 

Article 65 
Data Reporting System for krill fisheries 

Catches of krill shall be reported in accordance with Article 10 of Regulation (EC) 
601/2004. 

When the total reported catch in any fishing season is greater than or equal to 80 % 
of the trigger level of 620 000 tonnes in Sub areas 48.1, 48.2, 48.3 and 48.4 and of 
260  000  tonnes  west  of  55°E  and  192  000  tonnes  east  of  55°E  in  sub  area  58.4.2, 
catches shall be reported in accordance with Article 11 of Regulation (EC) 601/2004. 

In the fishing season following that in which the total catch has been greater than or 
equal to 80 % of the trigger level, laid down in paragraph 2, catches shall be reported 
in accordance with  Article  11 of  Regulation (EC) 601/2004 when the total catch is 
greater than or equal to 50 % of that trigger level. 

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

Article 66 
Certain limits on the exploratory fishery for Dissostichus spp.  

The  total  catch  of  Dissostichus  spp.  on  BANZARE  Bank  (Statistical  Division 
58.4.3b)  outside  areas  falling  under  national  jurisdiction  in  the  2008/09  fishing 
season shall not exceed:  

(i) 

a precautionary catch limit of 150 tonnes applied as follows:  

1. 

2. 

3. 

4. 

1. 

SSRU A – 150 tonnes 

SSRU B – 0 tonnes; 

(ii) 

an  additional  catch  limit  of  50  tonnes  for  the  scientific  research  survey  in 
SSRUs A and B in 2008/09. 

2. 

The total catch in SSRU A, referred to in paragraph 1(i), shall not be taken during the 
period from 16 March 2009 until the end of the scientific research survey or 1 June 
2009, whichever is sooner. 

Article 67 
Interim prohibition of deep-sea gillnetting 

1. 

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

EN 

46 

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

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

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

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

Article 68 
Minimisation of the incidental mortality of seabirds  

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

For  the  purpose  of  the  longline  fishing  referred  to  in  paragraph  1,  the  following 
weights may be used:  

(a) 

(b) 

(c) 

traditional weights made from rocks or concrete of at least 8.5 kg mass which 
shall be used, spaced at intervals of no more than 40 m; 

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

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

2. 

3. 

4. 

1. 

2. 

Article 69 
Closure of all fisheries 

1. 

Following  notification  by  the  CCAMLR  Secretariat  of  the  closure  of  a  fishery, 
Member States shall ensure that all vessels flying their flag and fishing in the area, 

EN 

47 

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management area, subarea, division, small-scale research unit or other management 
unit, subject to the closure notice, shall remove all their fishing gear from the water 
by the notified closure date and time. 

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

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

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

(i) 

the safety of the vessel and crew;  

(ii) 

the limitations which may arise from adverse weather conditions;  

(iii)  sea-ice cover; or 

(iv) 

the need to protect the Antarctic marine environment, 

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

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

(i) 

by the notified closure date and time; and 

(ii) 

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

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

2. 

3. 

4. 

5. 

6. 

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CHAPTER X 
Special provisions for Community vessels 
fishing in the SEAFO area  

SECTION 1 
AUTHORISATION OF VESSELS 

Article 70 
Authorisation of vessels 

1. 

2. 

3. 

4. 

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

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

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

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

5. 

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

(a) 

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

(b)  previous flag (if any); 

(c) 

International Radio Call Sign (if any); 

(d)  name and address of owner or owners; 

(e) 

type of vessel; 

(f) 

length; 

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

(h)  gross register tonnage; and 

(i) 

power of main engine or engines. 

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49 

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6. 

1. 

2. 

1. 

2. 

3. 

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

Article 71 
Obligations for authorised vessels  

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

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

Article 72 
Unauthorised vessels  

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

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

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

SECTION 2 
TRANSHIPMENTS  

Article 73 
Prohibition of transhipments at sea 

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

Article 74 
In-port Transhipments  

1. 

Community fishing vessels which catch species covered by the SEAFO Convention 
in  the  SEAFO  Convention  Area  shall  only  tranship  in  the  port  of  a  SEAFO 
Contracting  Party  if  they  have  prior  authorisation  from  the  Contracting  Party  in 
whose  port  the  operation  will  take  place.  Community  fishing  vessels  shall  be 

EN 

50 

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2. 

3. 

4. 

5. 

6. 

7. 

8. 

permitted  to  carry  out  transhipments  only  if  they  have  obtained  such  a  prior 
authorisation to tranship from the flag Member State and the port State. 

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

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

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

– 

– 

– 

– 

the names of the transshipping fishing vessels, 

the names of the receiving vessels, 

the tonnage by species to be transshipped, 

the day and port of transshipment. 

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

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

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

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

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SECTION 3 
CONSERVATION MEASURES FOR 
THE MANAGEMENT OF VULNERABLE DEEP-WATER 
HABITATS AND ECOSYSTEMS 

Article 75 
Closed areas 

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

(a) 

Sub Division A1 

(i)  Dampier Seamount 

10°00'S 02°00'W 

10°00'S 00°00'E 

12°00'S 02°00'W 

12o00'S 00°00'E; 

(ii)  Malahit Guyot Seamount 

11°00'S 02°00'W 

11°00'S 04°00'W 

13°00'S 02°00'W 

13°00'S 04°00'W; 

(b) 

Sub-division B1 

Molloy Seamount  

27°00'S 08°00'E 

27°00'S 10°00'E 

29°00'S 08°00'E 

29°00'S 10°00'E; 

(c) 

Division C 

(i) 

Schmidt-Ott Seamount & Erica Seamount 

37°00'S 13°00E 

37°00'S 17°00'E 

40°00'S 13°00E 

40°00'S 17°00'E; 

(ii)  Africana seamount 

37°00'S 28°00E 

37°00'S 30°00E 

38°00'S 28°00E 

38°00'S 30°00E; 

(iii)  Panzarini Seamount 

EN 

52 

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39°00'S 11°00'E 

39°00'S 13°00'E 

41°00'S 11°00'E 

41°00'S 13°00'E; 

(d) 

Sub-division C1 

(i)  Vema Seamount 

31°00'S 08°00'E 

31°00'S 09°00'E 

32°00'S 08°00'E 

32°00'S 09°00'E; 

(ii)  Wust Seamount  

33°00'S 06°00'E 

33°00'S 08°00'E 

34°00'S 06°00'E 

34°00'S 08°00'E; 

(e) 

Division D 

(i)  Discovery, Junoy, Shannon Seamounts 

41°00'S 06°00'W 

41°00'S 03°00'E 

44°00'S 06°00'W 

44°00'S 03°00'E; 

(ii)  Schwabenland & Herdman Seamounts 

44°00'S 01°00'W 

44°00'S 02°00'E 

47°00'S 01°00'W 

47°00'S 02°00'E. 

Article 76 
Resumption of fishing in a closed area 

1. 

2. 

3. 

No fishing shall resume in a closed fishing area referred to in Article 75 until the flag 
State has identified and mapped vulnerable marine ecosystems, including seamounts, 
hydrothermal vents and cold water corals in the area and made an assessment on the 
impact of any resumption of fishing on such vulnerable marine ecosystems.  

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

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

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SECTION 4 
MEASURES ON REDUCING INCIDENTAL 
BY-CATCH OF SEABIRDS 

Article 77 
Information on interactions with seabirds 

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

Article 78 
Mitigation measures 

1. 

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

(a) 

(b) 

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

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

(c)  where practical, vessels shall be encouraged to use a second tori pole and bird-

scaring line at times of high bird abundance or activity; 

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

use. 

Longlines  shall  be  set  at  night  only  (i.e.  during  the  hours  of  darkness  between  the 
times  of  nautical  twilight47).  During  longline  fishing  at  night,  only  the  minimum 
ship's lights necessary for safety shall be used. 

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

Community  fishing  vessels  shall  adopt  shooting  and  hauling  procedures  that 
minimise the time during which the net is lying on the surface with the meshes slack. 

The exact times of nautical twilight are set out in the Nautical Almanac tables for the relevant latitude, 
local time and date. All times, whether for ship operations or observer reporting, shall be referenced to 
GMT. 

2. 

3. 

4. 

47 

EN 

54 

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5. 

6. 

7. 

Net maintenance shall, to the extent possible, not be carried out with the net in the 
water. 

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

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

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

SECTION 6 
TECHNICAL MEASURES 

Article 79 
measures for the protection of deep water sharks 

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

SECTION 6 
CONTROL 

Article 80 
Special Provisions for Patagonian Toothfish 
(Dissostichus eleginoides) 

1. 

2. 

The  master  of  a  vessel  authorised  to  fish  for  Patagonian  Toothfish  in  the  SEAFO 
Convention  Area  in  accordance  with  Article  70  shall,  by  electronic  means,  send  to 
the  competent  authorities  of  his  flag  Member  State  and  the  SEAFO  Secretariat  a 
catch  report  stating  the  quantities  of  Patagonian  Toothfish  caught  by  his  vessel 
including  nil  returns.  This  report  shall  be  sent  every  five  days  of  the  fishing  trip. 
Each Member State shall promptly forward that information to the Commission.  

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

EN 

55 

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1. 

2. 

1. 

2. 

1. 

2. 

Article 81 
Special Provisions for Deep-sea Red Crab (Chaceon spp) 

The  master  of  a  vessel  authorised  to  fish  for  Deep-sea  Red  Crab  in  the  SEAFO 
Convention  Area  in  accordance  with  Article  70  shall,  by  electronic  means,  send  to 
the  competent  authorities  of  his  flag  Member  State  and  the  SEAFO  Secretariat  a 
catch  report  stating  the  quantities  of  Deep-sea  Red  Crab  caught  by  his  vessel 
including  nil  returns.  This  report  shall  be  sent  every  five  days  of  the  fishing  trip. 
Each Member State shall promptly forward that information to the Commission.  

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

Article 82 
Special Provisions for Alfonsino (Beryx spp) 

The  master  of  a  vessel  authorised  to  fish  for  Alfonsino  in  the  SEAFO  Convention 
Area in accordance with Article 70 shall, by electronic means, send to the competent 
authorities of his flag Member State and the SEAFO Secretariat a catch report stating 
the  quantities  of  Alfonsino  caught  by  his  vessel  including  nil  returns.  This  report 
shall be sent every five days of the fishing trip. Each  Member State shall promptly 
forward that information to the Commission.  

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

Article 81 
Special Provisions for Orange Roughy (Hoplostethus atlanticus) 

The  master  of  a  vessel  authorised  to  fish  for  Orange  Roughy  in  the  SEAFO 
Convention  Area  in  accordance  with  Article  70  shall,  by  electronic  means,  send  to 
the  competent  authorities  of  his  flag  Member  State  and  the  SEAFO  Secretariat  a 
catch report stating the quantities of Orange Roughy caught by his vessel including 
nil returns. This report shall be sent every five days of the fishing trip. Each Member 
State shall promptly forward that information to the Commission.  

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

Article 84 
Communication of vessel movements and catches 

1. 

Fishing  vessels  and  fishing  research  vessels  authorised  to  fish  in  the  SEAFO 
Convention Area and  which  are  engaged in fishing shall send entry, catch and exit 

EN 

56 

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2. 

3. 

4. 

1. 

2. 

reports to the flag Member State's authorities by VMS, or other appropriate means, 
and, if the flag Member State so requires, to the SEAFO Executive Secretary.  

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

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

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

Article 85 
Scientific observation and collection of information 
to support stock assessment 

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

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

3. 

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

Article 86 
Sightings of non-Contracting Party vessels 

1. 

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

(a) 

name of the vessel; 

(b) 

registration number of the vessel; 

(c) 

flag State of the vessel; 

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57 

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(d) 

any other relevant information regarding the sighted vessel. 

2. 

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

CHAPTER XI 
Special provisions for Community vessels 
fishing in the IOTC Area  

Article 87 
Reduction of sea-birds by-catch 

1. 

2. 

3. 

Member States shall collect and provide all available information to the IOTC, with 
copy to the Commission, on interactions with seabirds, including incidental catches 
by their fishing vessels. 

Member States shall seek to achieve reductions in levels of seabird by catch across 
all  fishing  areas,  seasons,  and  fisheries  through  the  use  of  effective  mitigation 
measures. 

Community vessels fishing south of 30°S shall carry and use bird-scaring lines (tori 
poles) according to following technical provisions: 

(a) 

(b) 

tori poles shall be in accordance with agreed tori pole design and deployment 
guidelines adopted by IOTC; 

tori  lines  are  to  be  deployed  prior  to  longlines  entering  the  water  at  all  times 
south of 30°S; 

(c)  where  practical,  vessels  shall  use  a  second  tori  pole  and  bird-scaring  line  at 

times of high bird abundance or activity; 

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

use. 

4. 

Community  surface  longline  vessels,  whilst  targeting  swordfish,  utilising  the 
"American  longline  system"  and  equipped  with  a  line-throwing  device,  shall  be 
exempted from the requirements of paragraph 3. 

Article 88 
Limitation of fishing capacity of vessels fishing 
for tropical tunas  

1. 

The maximum number of Community vessels fishing for tropical tunas in the IOTC 
Area, and the corresponding capacity in GT, shall be as follows: 

Member State 

Maximum number of vessels 

Capacity (GT) 

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Spain 

France 

Italy 

pm 

pm 

pm 

pm 

pm 

pm 

2. 

3. 

Notwithstanding paragraph 1, Member States may change the number of vessels, by 
gear type, provided that they can demonstrate to the Commission that the change in 
the number of vessels, by gear type, does not lead to an increase of fishing effort on 
the fish stocks involved. 

Member  States  shall  ensure  that,  where  there  is  a  proposed  transfer  of  capacity  to 
their  fleet,  vessels  to  be  transferred  are  on  the  IOTC  Record  of  Vessels  or  on  the 
Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an 
IUU  vessels  list  of  any  Regional  Fisheries  Management  Organisation  may  be 
transferred. 

Article 89 
 Limitation of fishing capacity of vessels fishing 
for swordfish and albacore  

1. 

The maximum number of Community vessels fishing for swordfish and albacore in 
the IOTC Area, and the corresponding capacity in GT, shall be as follows: 

Member State 

Maximum number of 
vessels 

Capacity (GT) 

Spain 

France 

Portugal 

United Kingdom 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

2. 

3. 

Notwithstanding  paragraph  1,  Member  States  may  change  the  number  of  their 
vessels, by gear type, provided that they can demonstrate to the Commission that the 
change in the number of vessels, by gear type, does not lead to an increase of fishing 
effort on the fish stocks involved. 

Member  States  shall  ensure  that,  where  there  is  a  proposed  transfer  of  capacity  to 
their  fleet,  vessels  to  be  transferred  are  on  the  IOTC  Record  of  Vessels  or  on  the 
Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an 
IUU  vessels  list  of  any  Regional  Fisheries  Management  Organisation  may  be 
transferred. 

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CHAPTER XII 
Special provisions for Community vessels 
fishing in the SPFO Area  

Article 90 
Pelagic fisheries – Capacity limitation 

1. 

The maximum number of Community vessels fishing for pelagic stocks in 2009 shall 
not exceed pm8 vessels and the corresponding capacity shall not exceed pm GT of 
the total level of GT.  

The maximum number of Community vessels is allocated among Member States as 
follows: 

Member State 

Maximum number of vessels 

Germany 

Latvia 

Lithuania 

The Netherlands 

Poland 

pm 

pm 

pm 

pm 

pm 

2. 

3. 

1. 

2. 

3. 

Member States shall submit for review to the Interim Science Working Group of the 
SPFO any stock assessments and research in respect of pelagic stocks in the SPFO 
area  and  shall  promote  the  active  participation  of  their  scientific  experts  in 
Organisation's scientific works on pelagic species. 

Member  States  shall  ensure  as  much  as  possible  an  appropriate  level  of  observer 
coverage on fishing vessels flying their flag in order to observe the pelagic fisheries 
in the South Pacific and collect relevant scientific information. 

Article 91 
Bottom fisheries 

Member  States  shall  limit  bottom  fishing  effort  or  catch  in  the  SPFO  area  to  the 
average annual levels over the period 1 January 2002 to 31 December 2006 in terms 
of the number of fishing vessels and other parameters that reflect the level of catch, 
fishing effort, and fishing capacity. 

Member  States  shall  not  expand  bottom  fishing  activities  into  new  regions  of  the 
SPFO area where such fishing is not currently occurring. 

Community vessels shall cease bottom fishing activities within five nautical miles of 
any  site  in  the  SPFO  area  where,  in  the  course  of  fishing  operations,  evidence  of 

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vulnerable  marine  ecosystems  is  encountered.  Community  vessels  shall  report  the 
encounter,  including  the  location,  and  the  type  of  ecosystem  in  question,  to  the 
authorities  of  the  of  their  flag  State,  to  the  Commission  and  to  the  SPFO  Interim 
Secretariat so that appropriate measures can be adopted in respect of the relevant site. 

4. 

Member  States  shall  appoint  observers  to  each  vessel  flying  their  flag  and 
undertaking  or  proposing  to  undertake  bottom  trawling  activities  in  the  SPFO  area 
and ensure an appropriate level of observer coverage on vessels flying their flag and 
undertaking other bottom fishing activities in the SPFO area. 

Article 92 
Data collection and sharing 

Member  States  shall  collect,  verify  and  provide  data  in  accordance  with  the  procedures 
outlined  in  the  SPFO  Standards  for  the  collection,  reporting,  verification  and  exchange  of 
data. 

CHAPTER XIII 
Special provisions for Community vessels 
fishing in the WCPFC Area  

Article 93 
Fishing effort limitations 

Member  States  shall  ensure  that  the  total  fishing  effort  for  bigeye  tuna,  yellowfin  tuna, 
skipjack tuna and south pacific albacore in the WCPFC Area is limited to the fishing effort 
provided for in fisheries partnership agreements between the Community and coastal States in 
the region. 

Article 94 
Management plans for the use of FADs 

1. 

2. 

Member  States  whose  vessels  are  authorised  to  fish  in  the  WCPFC  Area  shall 
develop  management  plans  for  the  use  of  anchored  or  drifting  FADs.  Those 
management  plans  shall  include  strategies  to  limit  the  interaction  with  juvenile 
bigeye and yellowfin tuna. 

Management plans referred to in paragraph 1 shall be submitted to the Commission 
not  later  than  15  October  2009.  The  Commission  shall  compile  those  management 
plans and submit a Community management plan to the WCPFC Secretariat not later 
than 31 December 2009. 

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Article 95 
Maximum number of vessels fishing for swordfish 

The  number  of  Community  vessels  fishing  for  swordfish  in  areas  south  of  20°  S  of  the 
WCPFC Area shall not exceed 14 vessels. Community participation shall be limited to vessels 
flying the flag of Spain. 

[CHAPTER XIV 
Special provisions for Community vessels 
fishing in the ICCAT Area  

Article 96 
Reduction of sea-birds by-catch 

1. 

2. 

3. 

Member  States  shall  collect  all  available  information  on  interactions  with  seabirds, 
including  incidental  catches  by  their  fishing  vessels  and  shall  transmit  that 
information to the ICCAT Secretariat and the Commission. 

Member States shall seek to achieve reductions in levels of seabird by catch across 
all  fishing  areas,  seasons,  and  fisheries  through  the  use  of  effective  mitigation 
measures. 

Community vessels fishing south of 20°S shall carry and use bird-scaring lines (tori 
poles) according to following technical provisions: 

(a) 

(b) 

tori poles shall meet the conditions on the tori pole design and be in accordance 
with the deployment guidelines adopted by ICCAT;  

tori  lines  are  to  be  deployed  prior  to  longlines  entering  the  water  at  all  times 
south of 20°S; 

(c)  where  practical  vessels  shall  use  a  second  tori  pole  and  bird-scaring  line  at 

times of high bird abundance or activity; 

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

use. 

4. 

By  way  of  derogation  from  paragraph  3,  Community  longline  vessels  targeting 
swordfish may use monofilament longline gear, provided that these vessels:  

(a) 

set their longlines during the period between nautical dusk/dawn as laid down 
in the nautical dusk/dawn almanac for the geographical position fished;  

(b)  use a minimum swivel weight of 60 g placed not more than 3 m from the hook 

to achieve optimum sink rates.  

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Article 97 
Establishment of a closed area/season of 
 the swordfish fisheries in Mediterranean Sea 

In  order  to  protect  the  swordfish,  in  particular  small  fish,  fishing  for  swordfish  in 
Mediterranean Sea shall be prohibited from 15 October to 15 November 2009. 

Article 98 
Sharks 

Member  States  shall  take  appropriate  measures  to  reduce  fishing  mortality  in  fisheries 
targeting North Atlantic shortfin mako. 

1. 

2. 

1. 

Article 99 
Maximum Number of vessels fishing bluefin tuna in the Eastern Atlantic 

The maximum number of Community bait boats and trolling boats authorised to fish 
bluefin  tuna  of  a  minimum  size  of  8  kg  or  75  cm  in  the  Eastern  Atlantic,  and  the 
allocation  among  the  Member  States  of  that  maximum  number  shall  be  fixed  as 
follows: 

Spain  

France  

EC  

pm 

pm 

pm 

The maximum number of Community pelagic trawlers authorised to fish bluefin tune 
of  a  minimum  size  of  8  kg  or  75  cm  as  a  bycatch  in  the  Eastern  Atlantic,  and  the 
allocation  of  that  maximum  number  among  the  Member  States,  shall  be  fixed  as 
follows: 

France  

EC  

pm 

pm 

Article 100 
Catch limits for bluefin tuna in the Eastern Atlantic 

Within  the  catch  limits  laid  down  in  Annex  ID,  the  catch  limit  for  bluefin  tuna 
between 8 kg/75 cm and 30 kg/115 cm applicable to authorised Community vessels 
referred  to  in  Article  99,  and  the  allocation  of  that  catch  limit  among  the  Member 
States, shall be fixed as follows (in tonnes): 

Spain  

France  

EC  

pm(*) 

pm 

pm 

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(*) Including a maximum of pm tonnes of by-catches for trolling boats. 

2. 

Within the catch limits laid down in paragraph 1, the catch limit for bluefin tuna of 
no less than 70 cm applicable to bait boats of an overall length of less than 17 metres 
among  the  Community  vessel  referred  to  in  Article  99,  and  the  allocation  of  that 
catch limit among the Member States, shall be fixed as follows (in tonnes): 

France  

EC  

pm (**) 

pm (**) 

(*)This quantity may be altered by the Commission, up to an amount of pm tonnes. 

Article 101 
Catch limits for bluefin tuna in the Eastern Atlantic applicable to Community coastal 
fishery 

Within the catch limits laid down in Annex ID, the catch limit for bluefin tuna between 8 kg 
and 30  kg allocated to the Community  coastal  fishery for fresh fish in the Eastern Atlantic, 
and the allocation of that catch limit among the Member States, shall be fixed as follows (in 
tonnes): 

Spain  

France  

EC  

pm 

pm 

pm 

CHAPTER XV 
Illegal, unreported and unregulated fisheries 

Article 102 
North Atlantic 

Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic shall be 
subject to the measures set out in Annex XV. 

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CHAPTER XVI 
Special provisions for Community vessels 
in the High Seas of the Bering Sea 

Article 103 
Prohibition to fish in the High Seas of the Bering See  

Fishing for Pollock in the High Seas of the Bering Sea shall be prohibited. 

CHAPTER XVII 
Final provisions 

Article 104 
Data transmission 

When, pursuant to Articles 15(1) and 18(1) of Regulation (EEC) No 2847/93, Member States 
send the Commission data relating to landings of quantities of stocks caught, they shall use 
the stock codes set out in Annex I to this Regulation. 

Article 105 
Entry into force 

This Regulation shall enter into force on the day of its publication in the Official Journal of 
the European Union. 

It shall apply from 1 January 2009. 

Where  the  TACs  of  the  CCAMLR  area  are  set  for  periods  starting  before  1  January  2009, 
Article 54 shall apply with effect from the beginning of the respective periods of application 
of the TACs. 

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

Done at Brussels,  

For the Council 
The President 

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