Council Regulation (EC) No 43/2009 of 16 January 2009 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: 2009-01-16
Institutions: Council of the European Union
Subjects: EU Member State, EU waters, authorised catch, catch area, conservation of resources, fishery management, fishery resources, fishing fleet, fishing regulations, fishing vessel

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 43/2009

of 16 January 2009

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 Commu-
nity,

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

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

Having regard to Council Regulation (EC) No 509/2007 of
7 May 2007 establishing a multiannual plan for the sustainable
exploitation of the stock of sole in the Western Channel (6), and
in particular Articles 3 and 5 thereof,

Having regard to Council Regulation (EC) No 676/2007 of
11 June 2007 establishing a multiannual plan for fisheries
exploiting stocks of plaice and sole in the North Sea (7), and in
particular Articles 6 and 9 thereof,

Having regard to Council Regulation (EC) No 1300/2008 of
18 December 2008 establishing a multiannual plan for the stock
of herring distributed to the West of Scotland and the fisheries
exploiting that stock (8), and in particular Article 4 thereof,

Having regard to Council Regulation (EC) No 811/2004 of
21 April 2004 establishing measures for the recovery of the
Northern hake stock (3), and in particular Article 5 thereof,

Having regard to Council Regulation (EC) No 1342/2008 of
18 December 2008 establishing a long-term plan for cod stocks
and the fisheries exploiting those stocks (9), and in particular
Articles 7, 8, 9 and 12 thereof,

Having regard to Council Regulation (EC) No 2166/2005 of
20 December 2005 establishing measures for the recovery of the
Southern hake and Norway lobster stocks in the Cantabrian Sea
and Western Iberian peninsula (4) and in particular Articles 4 and
8 thereof,

Having regard to the proposal from the Commission,

Whereas:

Having regard to Council Regulation (EC) No 388/2006 of
23 February 2006 establishing a multiannual plan for the
sustainable exploitation of
the stock of sole in the Bay of
Biscay (5), and in particular Article 4 thereof,

(1) Article 4 of Regulation (EC) No 2371/2002 requires the
Council to adopt the measures necessary to ensure access to
waters and resources and the sustainable pursuit of fishing
activities taking account of available scientific advice and, in
particular, the report prepared by the Scientific, Technical
and Economic Committee for Fisheries (STECF).

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 115, 9.5.1996, p. 3.
(3) OJ L 150, 30.4.2004, p. 1.
(4) OJ L 345, 28.12.2005, p. 5.
(5) OJ L 65, 7.3.2006, p. 1.

(6) OJ L 122, 11.5.2007, p. 7.
(7) OJ L 157, 19.6.2007, p. 1.
(8) OJ L 344, 20.12.2008, p. 6.
(9) OJ L 348, 24.12.2008, p. 20.

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(2) Under Article 20 of Regulation (EC) No 2371/2002, it is
incumbent upon the Council to establish the total allowable
catches (TAC) by fishery or group of fisheries. Fishing
opportunities should be allocated to Member States and
third countries in accordance with the criteria laid down in
Article 20 of that Regulation.

(3)

(4)

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

specific

the

The principles and certain procedures for fishery manage-
ment need to be laid down at Community level, so that
Member States can ensure the management of the vessels
flying their flag.

(5) Article 3 of Regulation (EC) No 2371/2002 lays down
fishing

the allocation of

relevance for

definitions of
opportunities.

(6)

Fishing opportunities should be used in accordance with
the Community legislation on the subject, and in particular
with Commission Regulation (EEC) No 2807/83 of
22 September 1983 laying down detailed rules
for
recording information on Member States' catches of
fish (1), Council Regulation (EEC) No 2930/86 of 22 Sep-
tember 1986 defining characteristics for fishing vessels (2),
Commission Regulation (EEC) No 1381/87 of 20 May
1987 establishing detailed rules concerning the marking
and documentation of fishing vessels (3), Council Regula-
tion (EEC) No 3880/91 of 17 December 1991 on the
submission of nominal catch statistics by Member States in
the north-east Atlantic (4), Council Regulation (EEC)
No 2847/93 of 12 October 1993 establishing a control
system applicable to the common fisheries policy (5),
Council Regulation (EC) No 1627/94 of 27 June 1994
laying down general provisions concerning special fishing
permits (6), Council Regulation (EC) No 850/98 of
30 March 1998 for the conservation of fishery resources
through technical measures for the protection of juveniles
of marine organisms (7), Council Regulation (EC) No 1434/
98 of 29 June 1998 specifying conditions under which
herring may be landed for industrial purposes other than
direct human consumption (8), Council Regulation (EC)
No 2347/2002 of 16 December 2002 establishing specific
access requirements and associated conditions applicable to
fishing for deep-sea stocks (9), Council Regulation (EC)
No 1954/2003 of 4 November 2003 on the management
of the fishing effort relating to certain Community fishing

areas and resources (10), Commission Regulation (EC)
No 2244/2003 of 18 December 2003 laying down detailed
provisionsregarding satellite-based Vessel Monitoring Sys-
tems (11), Council Regulation (EC) No 601/2004 of
22 March 2004 laying down certain control measures
applicable to fishing activities in the area covered by the
Convention on the conservation of Antarctic marine living
resources (12), 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 Organisa-
tion (13), Regulation (EC) No 2166/2005, Regulation (EC)
No 388/2006, Council Regulation (EC) No 1967/2006 of
21 December 2006 concerning management measures for
fishery resources in the
the sustainable exploitation of
Mediterranean Sea (14), 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 species (15), 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
the Northwest Atlantic Fisheries Organisation (16),
of
Council Regulation (EC) No 1006/2008 of 29 September
2008 concerning authorisations for fishing activities of
Community fishing vessels outside Community waters and
the access of
to Community
third country vessels
waters (17), Regulation (EC) No 1300/2008, Regulation
(EC) No 1342/2008 and Council Regulation (EC) No 1359/
2008 of 28 November 2008 fixing for 2009 and 2010 the
fishing opportunities for Community fishing vessels for
certain deep-sea fish stocks (18).

(7)

(8)

It should be clarified that this Regulation should apply if
marine organisms caught during fishing operations con-
ducted 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 multiannual plan for anchovy.

(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.

(1) OJ L 276, 10.10.1983, p. 1.
(2) OJ L 274, 25.9.1986, p. 1.
(3) OJ L 132, 21.5.1987, p. 9.
(4) OJ L 365, 31.12.1991, p. 1.
(5) OJ L 261, 20.10.1993, p. 1.
(6) OJ L 171, 6.7.1994, p. 7.
(7) OJ L 125, 27.4.1998, p. 1.
(8) OJ L 191, 7.7.1998, p. 10.
(9) OJ L 351, 28.12.2002, p. 6.

(10) OJ L 289, 7.11.2003, p. 1.
(11) OJ L 333, 20.12.2003, p. 17.
(12) OJ L 97, 1.4.2004, p. 16.
(13) OJ L 340, 23.12.2005, p. 3.
(14) OJ L 36, 8.2.2007, p. 6.
(15) OJ L 123, 12.5.2007, p. 3.
(16) OJ L 318, 5.12.2007, p. 1.
(17) OJ L 286, 29.10.2008, p. 33.
(18) OJ L 352, 31.12.2008, p. 1.

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(10) This Regulation should fix and distribute a number of new
fishing opportunities for skates and rays in areas VIId, IIIa,
VIa-b, VIIa-c, e-k, VIII and IX. A method for allocating these
new fishing opportunities, based on objective criteria
should be established, whilst bearing in mind the interests
of each Member State concerned. For this purpose, it seems
appropriate to take into account the record of landings of
each Member State concerned for this species in these areas
during a recent and sufficiently representative period.

(11) 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.

(12) Under Article 20 of Regulation (EC) No 2371/2002 it is
incumbent upon the Council to decide on the conditions
associated with the limits on catches and/or fishing effort
limits. Scientific advice indicates that substantial catches in
excess of agreed TACs result in the sustainability of fishing
operations being prejudiced. It is therefore appropriate to
introduce associated conditions that will result in improved
implementation of the agreed fishing possibilities.

(13)

In accordance with Article 2 of Regulation (EC) No 847/96,
the stocks that are subject to the various measures referred
to therein must be identified.

(14)

In accordance with the procedure provided for in the
agreements or protocols on fisheries relations, the Com-
munity has held consultations on fishing rights with
Norway (1), the Faroe Islands (2) and Greenland (3).

(15) The Community is a contracting party to several fisheries
organisations, and participates in other organisations as a
cooperating non-party. Moreover, by virtue of
the Act
concerning the conditions of accession of the Republic of
Poland to the European Union, as from its date of accession
fisheries agreements previously concluded by this country,
such as the Convention on the Conservation and Manage-
ment of Pollock resources in the central Bering Sea, are
managed by the Community. Those fisheries organisations
have recommended the introduction for 2009 of a number
of measures, including the setting of catch limitations and/
or effort limitations and other associated conservation and
control rules for certain species. Such recommendations
should therefore be implemented by the Community. In
order to effectively contribute to the conservation of fish
stocks and pending the adoption of the relevant Council
acts implementing these measures into Community law, it
is necessary to incorporate them in this Regulation.

(16) The Inter-American Tropical Tuna Commission (IATTC)
failed to adopt catch limitations for yellowfin tuna, bigeye

(1) OJ L 226, 29.8.1980, p. 48.
(2) OJ L 226, 29.8.1980, p. 12.
(3) OJ L 172, 30.6.2007, p. 1.

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 the
IATTC

(17) At its Annual Meeting in 2008, the South East Atlantic
Fisheries Organisation (SEAFO) adopted catch limits for
two additional fish stocks and a conservation measure to
protect Vulnerable Marine Ecosystem addressing UN
General Assembly Resolution 61/105 on Sustainable
Fisheries in the SEAFO Convention Area. These measures
were agreed by the Community on the basis of a
negotiating mandate from the Council and with input
from the Member States and sector representatives present
at the Annual Meeting. These measures are binding upon
the Community from 2009. It is necessary to implement
these measures into Community law.

(18) During the Third International Meeting for the creation of a
new South Pacific Regional Fisheries Management Organi-
sation (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 Commu-
nity law.

(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 should be
made for effort limitations linked to the long-term plan for
cod stocks, while in other effort regimes the current system
should be maintained in 2009,
including the option of
introducing kilowatt 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.

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(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.

(30)

In the light of advice from the 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.

(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.

(31)

(25) 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.

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
third
waters under
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.

the sovereignty or

jurisdiction of

(32)

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.

(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
to increase
10 December 2008,
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.

technical measures

(33)

(34)

(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.

In order to ensure that catches of blue whiting by third-
country vessels
correctly
accounted for, it is necessary to maintain the strengthened
control provisions for such vessels.

in Community waters

are

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 required (1), it is essential to
open those fisheries on 1 January 2009 and maintain in
force in January 2009 some 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,

the rules of

(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.

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Subject matter

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.

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.

(1) OJ L 19, 23.1.2008, p. 1.

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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)

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

(b)

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

(c)

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

Article 4

Fishing zones

the purposes of
For
definitions shall apply:

this Regulation,

the following zone

(b)

(c)

‘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;

(d)

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

(e)

(f)

(g)

the GFCM (General Fisheries Commission for the Mediter-
ranean) zone is as defined in Council Decision 98/416/EC
the European
of 16 June 1998 on the accession of
Community to the General Fisheries Commission for the
Mediterranean (1);

CECAF (Eastern Central Atlantic or FAO major fishing
zone 34) zones are as defined in Council Regulation (EC)
No 2597/95 of 23 October 1995 on the submission of
nominal catch statistics by Member States fishing in certain
areas other than those of the North Atlantic (2);

‘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 Fisheries (3);

(h)

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

(i) NAFO (Northwest Atlantic Fisheries Organisation) zones
are as defined in Council Regulation (EEC) No 2018/93 of
30 June 1993 on the submission of catch and activity
statistics by Member States fishing in the Northwest
Atlantic (4);

(j)

‘NAFO Regulatory Area’ means the part of the area of the
Northwest Atlantic Fisheries Organisation (NAFO) Con-
vention not falling under the sovereignty or within the
jurisdiction of coastal States;

(a)

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

(1) OJ L 190, 4.7.1998, p. 34.
(2) OJ L 270, 13.11.1995, p. 1.
(3) OJ L 227, 12.8.1981, p. 21.
(4) OJ L 186, 28.7.1993, p. 1.

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(k)

(l)

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 Ocean (1);

the ICCAT (International Commission for the Conservation
of Atlantic Tunas) zone is as defined in Council Decision
the
86/238/EECof 9 June 1986 on the accession of
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 Plenipo-
tentiaries of the States Parties to the Convention signed in
Paris on 10 July 1984 (2);

(o)

(p)

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

(q)

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 Commis-
sion (4);

‘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 Agreement (5), and west of the areas of fisheries
jurisdictions of South American States;

the WCPFC (Western and Central Pacific Fisheries Conven-
tion) 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 Ocean (6).

(n)

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 Rica (3);

(r)

‘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.

FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

CHAPTER II

Article 5

Catch limits and allocations

4. 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.

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

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

5. 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.

6. 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.

3. 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.

7. As a consequence of a revision of the stock of Norway pout
in accordance with paragraph 5, the catch limits for the stocks of

(1) OJ L 234, 31.8.2002, p. 39.
(2) OJ L 162, 18.6.1986, p. 33.
(3) OJ L 224, 16.8.2006, p. 22.

(4) OJ L 236, 5.10.1995, p. 24.
(5) OJ L 196, 18.7.2006, p. 14.
(6) OJ L 32, 4.2.2005, p. 1.

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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.

Article 8

Fishing effort limits and associated conditions for the
management of stocks

From 1 February 2009 to 31 January 2010, the fishing

1.
effort limitations and associated conditions laid down in:

Article 6

Prohibited species

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

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:

(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;

— Basking shark (Cetorhinus maximus),

— White shark (Carcharodon carcharias).

Article 7

Special provisions on allocations

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

fishing opportunities among Member

(c) Annex IIC shall apply for the management of the sole stock

in ICES zone VIIe;

(d) Annex IID shall apply for the management of sandeel
stocks in ICES zones IIIa and IV and EC waters of ICES
zone IIa.

2.
For the period 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.

(a)

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

3. 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.

(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 1006/
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.

4. 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

Fish from stocks for which catch limits are established shall

1.
be retained on board or landed only if:

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.

(a)

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

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(b)

the catches consist of a part of a Community share which
has not been allocated by quota among Member States, and
that share has not been exhausted.

circumstances
zones IIIa, IV and VIId and EC waters of ICES zone IIa.

shall not apply to herring caught

in ICES

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

2. 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.

(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

3. 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.

(ii)

the catches are not sorted either on board or on
landing;

4. 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.

or

(b) mackerel, where

Article 11

Access limits

(i)

they are caught mixed with horse mackerel or
pilchard;

(ii)

the total weight of
they do not exceed 10 % of
mackerel, horse mackerel and pilchard on board and;

take place in the
No fishing by Community vessels shall
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.

(iii)

the catches are not sorted either on board or on
landing.

Article 12

Determination of mesh size and twine thickness

landings shall count against

the
3. All
Community share has not been allocated between Member
States by quotas, against
for
catches made under the provisions of paragraph 2.

the Community share, except

the quota or,

if

4. 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.

Mesh size and twine thickness referred to in this Regulation shall
be determined in accordance with Commission Regulation (EC)
No 517/2008 of 10 June 2008 laying down detailed rules for the
implementation of Council Regulation (EC) No 850/98 as
regards the determination of the mesh size and assessing the
thickness of twine of fishing nets (1), when Community vessels
are inspected by Community inspectors, Commission inspectors
and national inspectors.

Article 10

Transitional technical and control measures

Article 13

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

Transitional
vessels shall be as set out in Annex III.

technical and control measures for Community

1. Article 2(1) of Regulation (EC) No 1434/98 concerning the
certain
prohibition to retain herring on board under

(1) OJ L 151, 11.6.2008, p. 5.

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CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS

CHAPTER III

Article 14

Authorisation

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.

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 1006/2008 and Articles 15 to
18 and 22 to 27 of this Regulation.

Artclie 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:

— Basking shark (Cetorhinus maximus),

— White shark (Carcharodon carcharias).

Article 16

Geographical restrictions

1.
Fishing by fishing vessels flying the flag of Norway or
registered in the Faroe Islands shall be limited to those parts of
the 200 nautical mile zone lying seawards of 12 nautical miles
from the baselines of Member States in ICES zone IV, the
Kattegat and the Atlantic Ocean north of 43o00'N, except the
area referred to in Article 18 of Regulation (EC) No 2371/2002.

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)

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

(b)

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

Article 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

2.
Fishing in the Skagerrak by fishing vessels flying the flag of
Norway shall be allowed seawards of four nautical miles from the
baselines of Denmark and Sweden.

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

(b)

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

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 1006/2008, 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;

(c)

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

2. 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.

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If one Member State transfers quota to another Member
3.
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
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.

an appropriate

transfer of

include

shall

4. 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
they give prior
notification to the Faroese authorities.

species provided that

CHAPTER V

FISHING AUTHORISATIONS OF THIRD-COUNTRY FISHING VESSELS

Article 22

(k)

the species for which it is intended to fish;

Obligation to have a fishing authorisation

(l)

the period for which an authorisation is applied for.

Fishing vessels of

1.
less than 200 GT flying the flag of
Norway shall be exempt from the obligation to have a fishing
in Article 18 of Regulation (EC)
authorisation, as set out
No 1006/2008, when they engage in fishing activities in
Community waters.

2. 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 1006/
2008, an application to the Commission for a fishing
authorisation from an authority of a third-country shall contain
the following information:

(a)

the name of the vessel;

(b)

the registration number;

(c)

external identification letters and numbers;

(d)

the port of registration;

(e)

the name and address of the owner or charterer;

(f)

the gross tonnage and overall length;

(g)

the engine power;

(h)

the call sign and radio frequency;

(i)

(j)

the intended method of fishing;

the intended area of fishing;

Article 24

Number of fishing authorisations

The maximum number of
associated conditions
for
Community waters shall be laid down in Part II of Annex IV.

fishing authorisations and other
fishing in
third-country vessels

Article 25

Cancellation

Without prejudice to Chapter III of Regulation (EC) No 1006/
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.
In addition to complying with any data transmission
requirement laid down in accordance with Article 23(1) of
Regulation (EC) No 1006/2008, third-country fishing vessels
shall keep a logbook in which the information set out in Part I of
Annex V shall be entered.

2. When transmitting information in accordance with Arti-
cle 23 of Regulation (EC) No 1006/2008, 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.

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Paragraph 2 shall not apply to vessels flying the flag of

3.
Norway fishing in ICES zone IIIa.

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.

Article 27

Specific provisions concerning the Department of French
Guyana

In addition to the conditions set out in Chapter III of
1.
Regulation (EC) No 1006/2008,
fishing
authorisations to fish in the waters of the Department of French

the granting of

In addition to complying with any data transmission
2.
requirement
laid down in accordance with Article 23 of
Regulation (EC) No 1006/2008, 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 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)

small

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

fish,

2. 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;

(d)

the external identification markings as defined in Annex I
to Commission Regulation (EC) No 26/2004 of 30 Decem-
ber 2003 on the Community fishing fleet register (1).

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

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

send to the Commission before
the

shall

4. 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’

— 39o 27.72' N, 18o 10.74' E

— 39o 27.80' N, 18o 26.68' E

— 39o 11.16' N, 18o 32.58' E

(1) OJ L 5, 9.1.2004, p. 25.

— 39o 11.16' N, 18o 04.28' E;

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(b) Deep Sea fisheries restricted area ‘The Nile delta area cold

(a)

the name of the vessel;

hydrocarbon seeps’

— 31o 30.00' N, 33o 10.00' E

— 31o 30.00' N, 34o 00.00' E

— 32o 00.00' N, 34o 00.00' E

— 32o 00.00' N, 33o 10.00' E;

(b)

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

(c)

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;

(c) Deep Sea fisheries

restricted area

‘The Eratosthenes

Seamount’

(d)

the authorised fishing period.

— 33o 00.00' N, 32o 00.00' E

— 33o 00.00' N, 33o 00.00' E

— 34o 00.00' N, 33o 00.00' E

— 34o 00.00' N, 32o 00.00' E.

2. 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
the features that
activity jeopardising the conservation of
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

1. 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.

2.
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.

3. Member States
15 January 2009,
support,
paragraph 1.

shall

to the Commission by
through the accustomed data-processing
the list of vessels authorised in accordance with

submit

5. 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.

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

SECTION 2

Reporting of statistical matrixes

Article 31

Transmission of data

1. Member States shall submit to the Executive Secretary of the
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 X.

2. Member States shall submit to the Executive Secretary of the
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 X.

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

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

4. The list of authorised vessels shall
information:

include the following

(1) http://www.gfcm.org/gfcm/topic/16164

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SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

CHAPTER VII

Article 32

Catch reporting

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.

1. 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.

2. 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.

3.
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 33

Additional control measures

authorised to fish for Greenland halibut

1. Vessels
in
accordance with Article 5 of Regulation (EC) No 2115/2005
may only enter into the NAFO Regulatory Area to fish for

2. 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 Regulatory area, the amount of catch retained on
board, the position (latitude/longitude) where the master of the
vessel estimates that the vessel will commence fishing, and the
estimated time of arrival at the position.

3.
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.

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
the inspection vessel has not
commenced the inspection within three hours following the
arrival of the fishing vessel at the checkpoint.

inspection if

SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FISH FROZEN AFTER BEING CAUGHT BY
THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA

CHAPTER VIII

Article 34

Port State control

Article 35

Designated ports

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 ports (1) 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.

(1) OJ L 121, 12.5.1994. p. 3.

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 34, 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.

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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.

(b)

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;

Article 36

Prior notice of entry into port

(c)

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

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 34 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.

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

(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.

(d)

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.

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

3. 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 FormPSC 1 or PSC 2 with the word
‘CANCELLED’ written across Part B.

3. 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 IX 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.

4. 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, to the flag
State(s) of donor vessels when the vessel has engaged in
transhipment operations and to the NEAFC Secretary.

Article 38

Inspections

Article 37

Authorisation to land or tranship

Landings or transhipments may only be authorised by the
1.
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 36(4) with
Part B duly completed, that:

1. 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 34, in its ports
each year.

Inspections shall

involve the monitoring of

2.
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.

(a)

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

3.
Inspectors shall make all possible efforts to avoid unduly
delaying a fishing vessel and ensure that the fishing vessel suffers
the minimum interference and inconvenience and that degrada-
tion of the quality of the fish is avoided.

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Article 39

Inspection reports

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.

Each inspection shall be documented by completing an

1.
inspection report as set out in Part II of Annex IX.

2. A copy of each inspection report shall be transmitted
without delay to the flag State of the inspected fishing vessel and

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

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA

CHAPTER IX

SECTION 1

Restrictions and vessel information requirements

(c)

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

Article 40

Prohibitions and catch limitations

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

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

SECTION 2

Exploratory fisheries

Article 41

Rules of conduct for exploratory fisheries

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

(a)

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;

(b)

sufficient immersion survival suits for all on board;

(d)

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

(e)

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

Article 42

Participation in exploratory fisheries

1.
Fishing vessels flying the flag of, and registered in a Member
State 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 58.4.3(b) outside areas of national jurisdic-
tion.

2. No more than one fishing vessel shall
sion 58.4.3(b) at any one time.

fish in Divi-

3. With regard to Subareas FAO 88.1 and 88.2 as well as
Divisions 58.4.1, 58.4.2 and 58.4.3(b) 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
4.
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
Subareas FAO 88.1 and 88.2 as well
in Divisions
58.4.1, 58.4.2 and 58.4.3(b) shall be prohibited in depths less
than 550 m.

as

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Article 43

Reporting systems

SSRUs in which Divisions 58.4.1, 58.4.2 and 58.4.3(b) are
divided. The Research Plan shall be implemented in the following
manner:

Fishing vessels participating in the exploratory fisheries as
referred to in Article 42 shall be subject to the following catch
and effort reporting systems:

(a)

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 Commis-
sion catch and effort reports not later than two working
days after the end of each reporting period, for immediate
transmission to CCAMLR. In Subareas FAO 88.1 and 88.2
as well as in Divisions 58.4.1, 58.4.2 and 58.4.3(b)
reporting shall be made by Small Scale Research Units;

(b)

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

(c)

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

(a)

(b)

(c)

Article 44

Definition of hauls

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

2. To be designated as a research haul:

(a)

(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 5 000 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.

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 44(2); research hauls
shall be carried out on, or close to, positions provided by
the CCAMLR Secretariat, based on a stratified random
design in prescribed areas within that SSRU;

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
these hauls may also be designated as
Article 44(2),
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;

(d)

on completion of 10 research hauls of the third series, the
vessel may continue to fish within the SSRU.

Article 46

Data collection plans

1.
Fishing vessels participating in the exploratory fisheries
referred to in Article 42 shall implement data collection plans, in
each and all SSRUs in which Subareas FAO 88.1 and 88.2 as well
as Divisions 58.4.1, 58.4.2 and 58.4.3(b) are divided. The Data
Collection Plan shall comprise the following data:

(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;

Article 45

Research plans

(d)

the number of hooks set;

(e)

the bait type;

(f)

the baiting success ( %);

Fishing vessels participating in the exploratory fisheries referred
to in Article 42 shall implement Research Plans, in each and all

(g)

the hook type.

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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 47

Tagging programme

Convention Area during the 2009/2010 fishing season. By way
of derogation from Article 5a of Regulation (EC) No 601/2004,
such Member States, if intending to fish for krill in the CCAMLR
Convention Area, shall notify the CCAMLR Secretariat and the
Commission, of their intention no later than 1 June 2009,
immediately prior to the season in which they intend to fish,
using the format laid down in Annex XII to this Regulation in
order
to ensure an appropriate review by the CCAMLR
Commission before the vessels commence fishing as well as
the net configuration form using the format
laid down in
Annex XIII.

1. 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.

2. 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.

2.
From the date of entry into force of this Regulation until the
end of the 2008/2009 fishing season, each longline vessel shall
tag and release skates, continuously while fishing, at a rate
specified in the conservation measure for that fishery according
to the CCAMLR Tagging Protocol. All tagged skates must be
double-tagged and released alive.

3. All toothfish and skate tags for use in exploratory fisheries
shall be sourced from the CCAMLR Secretariat.

Article 48

Scientific observers

Each fishing vessel participating in the exploratory fisheries
1.
referred to in Article 42 shall have at
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.

least

2.
Each Member State, subject to and in accordance with their
applicable laws and regulations, including rules governing the
admissibility of evidence in domestic courts, shall consider and
act on reports
from inspectors of designating CCAMLR
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 coop-
erate in order to facilitate judicial or other proceedings arising
from any such report.

Article 49

Notifications of intent to participate in a krill fishery during
the 2009/2010 fishing season

1. Only those Member States which are Members of
CCAMLR Commission may fish for krill

the
in the CCAMLR

3. 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.

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

if the notified vessel

(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 50

Precautionary catch limitations on krill fishery for certain
sub areas

1. 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.

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2. 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.

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

4.
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 Observa-
tion or a domestic scientific observer fulfilling the requests in
scientific
that
observer on board throughout all fishing activities within the
fishing period.

scheme, and where possible one additional

Article 51

Data Reporting System for krill fisheries

1. Catches of krill shall be reported in accordance with
Articles 11, 13 and 14 of Regulation (EC) No 601/2004.

2. The operation of the krill fishery shall be carried out in
accordance with Article 9 of Council Regulation (EC) No 600/
2004 of 22 March 2004 laying down certain technical measures
applicable to fishing activities in the area covered by the
Convention on the conservation of Antarctic marine living
resources (1).

3. Vessels shall use marine mammal exclusion devices on
trawls.

to the CCAMLR Executive
6. Member States shall report
Secretary, with a copy to the Commission, the total green weight
of krill caught and lost.

7. 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 52

Interim prohibition of deep-sea gillnetting

For the purpose of this Article the following definition shall

1.
apply:

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’).

2. 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.

4. 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 55oE and 192 000 tonnes east of
55oE in sub area 58.4.2, catches shall be reported in accordance
with Article 11 of Regulation (EC) No 601/2004.

3.
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.

In the fishing season following that in which the total catch
5.
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) No 601/2004 when the total
catch is greater than or equal to 50 % of that trigger level.

(1) OJ L 97, 1.4.2004, p. 1.

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

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Article 53

Minimisation of the incidental mortality of seabirds

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

2. The following weights may be used:

2. 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
fishing gear has been

3.
from the fishing area as soon as all
removed from the water.

(a)

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;

4. 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:

(b)

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

(i)

the safety of the vessel and crew;

(c)

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.

(iii)

sea-ice cover; or

(ii)

the limitations which may arise from adverse weather
conditions;

3. Vessels using exclusively the trotline method shall use
weights only at the distal end of the droppers in the trotline. The
weights shall be traditional weights of at least 6 kg or solid steel
weights of at least 5 kg.

(iv)

the need to protect the Antarctic marine environment,

4. Vessels using both the Spanish method referred to in
paragraph 1 and the trotline method referred to in paragraph 3
shall use:

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.

(i)

for the Spanish method: line weighting in accordance with
the provisions in paragraph 1;

(ii)

for the trotline method: line weighting which shall consist
either of 8,5 kg traditional weights or of 5 kg steel weights
attached on the hook-end of all droppers in the trotline at
no more than 80 m intervals.

5.
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:

Article 54

Closure of all fisheries

(i)

by the notified closure date and time; and

(ii)

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

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, 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.

6. 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.

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SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA

CHAPTER X

SECTION 1

Authorisation of vessels

Article 55

Authorisation of vessels

6. 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 56

Obligations for authorised vessels

1. 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.

1. Vessels shall comply with all the relevant SEAFO conserva-
tion and management measures.

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

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

3.
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.

Article 57

Unauthorised vessels

4. 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)

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

(b)

the previous flag (if any);

(c)

the International Radio Call Sign (if any);

(d)

the name and address of owner or owners;

(e)

the type of vessel;

(f)

the length;

(g)

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

1. 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.

2. 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.

3. 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 58

Prohibition of transhipments at sea

(h)

the gross register tonnage; and

(i)

the power of main engine or engines.

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.

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Article 59

In-port Transhipments

cooperate with the flag State to ensure that
consistent with the reported catches amount of each vessel.

landings are

1. Community 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 vessels shall be 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
2.
vessels obtain a prior authorisation to engage in in-port
transhipments. Member States
the
transhipments are consistent with the reported catch amount
of each vessel and require the reporting of transhipments.

shall also ensure that

3. 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.

8.
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.

SECTION 3

Conservation measures for the management of vulnerable
deep-water habitats and ecosystems

Article 60

Closed areas

fishing activities

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

for

(a)

Sub Division A1

(i) Dampier Seamount

4. 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,

10o00'S 02o00'W

12o00'S 02o00'W

10o00'S 00o00'E

12o00'S 00o00'E;

(ii) Malahit Guyot Seamount

11o00'S 02o00'W

13o00'S 02o00'W

11o00'S 04o00'W

13o00'S 04o00'W;

— the tonnage by species to be transshipped,

(b)

Sub-division B1

— the day and port of transshipment.

the master of

5. 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
the Community flagged
Contracting Party,
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.

6. 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.

Molloy Seamount

27o00'S 08o00'E

29o00'S 08o00'E

(c) Division C

27o00'S 10o00'E

29o00'S 10o00'E;

(i)

Schmidt-Ott Seamount & Erica Seamount

37o00'S 13o00E

40o00'S 13o00E

37o00'S 17o00'E

40o00'S 17o00'E;

(ii) Africana seamount

7.
verify the accuracy of

Each Member State shall take the appropriate measures to
the information received and shall

37o00'S 28o00E

38o00'S 28o00E

37o00'S 30o00E

38o00'S 30o00E;

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(iii) Panzarini Seamount

SECTION 4

39o00'S 11o00'E

39o00'S 13o00'E

41o00'S 11o00'E

41o00'S 13o00'E;

Measures on reducing incidental by-catch of seabirds

(d)

Sub-division C1

(i)

Vema Seamount

31o00'S 08o00'E

31o00'S 09o00'E

32o00'S 08o00'E

32o00'S 09o00'E;

(ii) Wust Seamount

33o00'S 06o00'E

33o00'S 08o00'E

34o00'S 06o00'E

34o00'S 08o00'E;

(e) Division D

(i) Discovery, Junoy, Shannon Seamounts

41o00'S 06o00'W

41o00'S 03o00'E

44o00'S 06o00'W

44o00'S 03o00'E;

(ii)

Schwabenland & Herdman Seamounts

44o00'S 01o00'W

44o00'S 02o00'E

47o00'S 01o00'W

47o00'S 02o00'E.

Article 61

Resumption of fishing in a closed area

1. No fishing shall resume in a closed fishing area referred to in
Article 60 until
the flag State has identified and mapped
vulnerable marine ecosystems, including seamounts, hydrother-
mal 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.

2. 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.

Article 62

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 63

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)

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

(b)

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
times of high bird

tori pole and bird-scaring line at
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
2.
twilight (1). During
darkness between the times of nautical
longline fishing at night, only the minimum ship's lights
necessary for safety shall be used.

3. 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.

3. 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.

(1) 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.

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shooting and hauling
shall adopt
4. Community vessels
procedures that minimise the time during which the net is lying
on the surface with the meshes slack. Net maintenance shall, to
the extent possible, not be carried out with the net in the water.

5. Community vessels shall be encouraged to develop gear
that will minimise the likelihood of birds
configurations
encountering the part of
to which they are most
the net
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.

6. Community 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
7.
during fishing operations are released alive and that whenever
possible hooks are removed without jeopardising the life of the
bird concerned.

SECTION 5

Technical measures

Article 64

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 65

Special Provisions for Patagonian Toothfish (Dissostichus
eleginoides)

1. The master of a vessel authorised to fish for Patagonian
Toothfish in the SEAFO Convention Area in accordance with
Article 55 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.

2. 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.

Article 66

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

1. The master of a vessel authorised to fish for Deep-sea Red
Crab in the SEAFO Convention Area in accordance with
Article 55 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.

2. 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 67

Special Provisions for Alfonsino (Beryx spp.)

1. The master of a vessel authorised to fish for Alfonsino in the
SEAFO Convention Area in accordance with Article 55 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.

2. 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 68

Special Provisions for Orange Roughy (Hoplostethus
atlanticus)

1. The master of a vessel authorised to fish for Orange Roughy
in the SEAFO Convention Area in accordance with Article 55
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.

2. 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.

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Article 69

Communication of vessel movements and catches

the SEAFO Convention Area. This information shall contain,
inter alia:

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 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.

(a)

the name of the vessel;

(b)

the registration number of the vessel;

(c)

the flag State of the vessel;

2. 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
time,
geographical position of the vessel and the quantity of fish on
board by species (FAO 3 Alfa Code) and by live weight (Kg).

entering date,

and shall

include

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

4. The exit report shall be made no more than 12 hours and at
from the SEAFO
least 6 hours in advance of each exit
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 70

Scientific observation and collection of information to
support stock assessment

Each Member State shall ensure that all its fishing vessels
1.
operating in the SEAFO Convention Area, and targeting species
covered by the SEAFO Convention, carry qualified scientific
observers.

2.
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 71

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

(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.

SECTION 7

Protection of Vulnerable Marine Ecosystems

Article 72

Use of terms

For the purpose of this Section, the following definitions shall
apply:

(1)

(2)

‘bottom fishing activities’ means fishing activities where the
fishing gear is likely to contact the seafloor during the
normal course of fishing operations;

‘existing bottom fishing areas’ means areas where VMS data
and/or other available geo-reference data indicate that
bottom fishing activities have been conducted within a
reference period of 1987 to 2007;

(3)

‘new bottom fishing areas’ means areas within the SEAFO
Regulatory Area other than existing bottom fishing areas;

(4)

‘exploratory fisheries’ means fisheries conducted in new
bottom fishing areas;

(5)

(6)

‘marine ecosystem’ means a dynamic complex of plant,
animal and micro-organism communities and their non-
living environment interacting as a functional unit;

‘Vulnerable Marine Ecosystem (VME)’ means any marine
ecosystem whose integrity (i.e. ecosystem structure or
function) is, according to the best scientific information
available and to the principle of precaution, threatened by
significant adverse impacts resulting from physical contact
with bottom gears
fishing
operations, including reefs, seamounts, hydrothermal vents,
cold water corals or cold water sponge beds. The most
vulnerable ecosystems are those that are easily disturbed
and that are very slow to recover, or may never recover;

in the normal course of

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(7)

(8)

(9)

in combination or

‘significant adverse impacts’ means impacts (evaluated
individually,
cumulatively) which
compromise ecosystem integrity in a manner that impairs
the ability of affected populations to replace themselves and
that degrades the long-term natural productivity of habitats,
or causes on more than a temporary basis significant loss of
species richness, habitat or community types;

‘bottom gears’ means gears deployed in the normal course
of fishing operations in contact with the seabed, including
bottom trawls, dredges, bottom-set gill nets, bottom-set
longlines, pots and traps;

‘VME encounter’ means an encounter by a vessel with VME
indicator organisms occurring above the threshold level of
a catch per set of more than 100 kg of live coral and/or
1 000 kg of live sponge

(10) ‘VME indicator organisms’ means corals and sponges;

(11) ‘Indicator species of coral’ means antipatharians, gorgo-
nians, cerianthid anemone fields, lophelia, or sea pen fields.

Article 73

Identification of existing bottom fishing areas

Member States with vessels involved in bottom fishing activities
in the period of 1987-2007 in the SEAFO Convention Area shall
submit comprehensive maps of existing fishing areas to the
Commission by 1 April 2009. The Commission shall forward
these maps to the Executive Secretary of SEAFO without delay.
Maps shall be based on VMS data and/or other available geo-
reference data and expressed in the most precise spatial and
temporal resolution as possible.

Article 74

Bottom fishing activities in new bottom fishing areas

1. As from 1 November 2009, all exploratory fisheries or
fishing activities with bottom gear not previously used in the
existing fishing area concerned shall be conducted in accordance
with the requirements set out in an Exploratory Bottom Fisheries
Protocol.

2. The Exploratory Bottom Fisheries Protocol referred to in
paragraph 1 shall be developed by each Member State concerned
and include the following:

(b) where possible, an initial assessment of the known and
its bottom fishing activities on

anticipated impacts of
Vulnerable Marine Ecosystems;

(c)

(d)

a mitigation plan including measures to prevent significant
adverse impact to Vulnerable Marine Ecosystems that may
be encountered during the fishery;

a catch monitoring plan that includes recording/reporting
of all species caught. The recording/reporting of catch shall
be sufficiently detailed to conduct an assessment of activity,
if required;

(e)

a data collection plan to facilitate the identification of
Vulnerable Marine Ecosystems/species in the area fished.

3. As from the date referred to in paragraph 1, exploratory
fisheries or fishing activities with bottom gear not previously
used in the existing fishing area shall not commence until the
information outlined in paragraph 2 has been provided by the
Member States to the SEAFO Executive Secretary via the
Commission.

4. Member States shall provide a report of
bottom fishing activities
Commission.

the results of
to the SEAFO Secretary via the

Article 75

Assessment of bottom fishing activities in new and existing
areas

1. Member States whose vessels conduct or intend to conduct
bottom fishing activities in the SEAFO Regulatory Area shall
carry out an assessment of the known and anticipated impacts of
those activities on Vulnerable Marine Ecosystems. Such an
assessment shall aim at determining if such activities, taking
account of the history of bottom fishing activities in the SEAFO
Regulatory Area, would have a significant adverse impact on
Vulnerable Marine Ecosystems.

2.
For the purposes of the implementation of the assessment
referred to in paragraph 1, Member States shall rely on the best
scientific and technical
information available concerning the
location of Vulnerable Marine Ecosystems in the areas in which
their fishing vessels intend to operate. That information shall
include, where available, scientific data on the basis of which the
likelihood of occurrence of such ecosystems can be estimated.

(a)

a harvesting plan which outlines target species, dates and
areas. Area and effort restrictions shall be considered to
ensure fisheries occur on a gradual basis in a limited
geographical area;

3. Member States shall submit their assessment referred to in
paragraphs 1 and 2 to the Commission and SEAFO Secretariat as
soon as possible but not later than 1 September 2009. This

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submission shall also include a description of the mitigation
measures intended to prevent significant adverse impacts on
Vulnerable Marine Ecosystems and be carried out in accordance
with guidance developed by the SEAFO Scientific Committee, as
available.

Article 76

Scientific Observers

1.
In addition to the requirement set out in Article 70, Member
States shall ensure that vessels flying their flag and conducting
exploratory fisheries in accordance with Article 74 have a
scientific observer on board. Observers shall collect data in
accordance with a Vulnerable Marine Ecosystem Data Collection
Protocol.

2. The Observers collecting data in accordance with the
Vulnerable Marine Ecosystem Data Collection Protocol referred
to in paragraph 1 shall:

(a) monitor any set for evidence of VMEs and the presence of

vulnerable marine species;

(b)

(c)

record the following information for identification of VMEs:
vessel name, gear type, date, position (latitude/longitude),
depth, species code, trip-number, set-number, and name of
the observer on datasheets;

collect representative biological samples from the entire
catch. Biological samples shall be collected and frozen when
requested by the scientific authority in a flag Member State
or by the Commission;

(d)

transmit samples to the scientific authority of a flag
Member State at the end of the fishing trip.

Article 77

VME encounters

1. Vessels flying Community flag conducting bottom fishing
activities within the SEAFO Regulatory Area shall comply with
the following:

(a) where a VME encounter is suspected based on the available
information, in particular where significant quantities of
VME indicator organisms are present in the catch, the
vessels shall quantify catch of VME indicator organisms.
Observers deployed in accordance with Article 74 shall
identify corals, sponges and any other VME organisms to
the lowest possible taxonomical
level and apply the
Exploratory Bottom Fisheries Protocol as provided for in
Article 74(2) and SEAFO catch sampling forms. Observers
shall submit SEAFO trip summary reports to flag Member
States which without delay shall forward the information to
the SEAFO Secretariat via the Commission;

(b) where a VME encounter is confirmed, on the basis of
measures taken under point (a), the vessel master shall:

(i)

(ii)

report the incident to the flag Member State, which
without delay shall forward the information to the
Commission and the SEAFO Executive Secretary. The
Commission shall immediately request Member States
to alert all Community vessels authorised to operate
in the SEAFO Regulatory Area,

cease fishing, haul the gear, and move away at least
two nautical miles from the endpoint of the tow/set in
the direction least likely to result in further encounters
based on all available sources of information. Any
further tows or sets shall be parallel to the tow/set
when the encounter was made.

2. The Commission shall, in case a confirmed VME encounter
takes place in new fishing areas, upon a notification from the
SEAFO Executive Secretary, implement an interim closure of two
miles radius around the reporting position referred to in
paragraph 1(b). The reporting position is that provided by the
vessel, either the endpoint of the tow/set or another position that
the evidence suggests is closest to the exact encounter location.
This temporary closure shall apply until such time when the
SEAFO Secretariat advises that the area can be reopened.

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA

CHAPTER XI

Article 78

Reduction of sea-birds by-catch

interactions with seabirds, including incidental catches by their
fishing vessels.

shall collect and provide all available
1. Member States
information to the IOTC, with copy to the Commission, on

2. 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.

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

Tuna Regional Fisheries Organisations. No vessels on an IUU
vessels list of any Regional Fisheries Management Organisation
may be transferred.

(a)

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

4. The Community vessels referred to in paragraph 1 shall also
be authorised to fish for swordfish and albacore in the IOTC
Area.

(b)

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

5.
In order to take into account the implementation of the
development plans submitted to the IOTC, the limitations of
fishing capacity, as mentioned in this Article, may be increased
within the limits set out in those development plans.

(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.

Limitation of fishing capacity of vessels fishing for
swordfish and albacore

Article 80

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

Article 79

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 gross tonnage (GT), shall be as follows:

Member State

Maximum number of
vessels

Capacity (GT)

Spain

France

Italy

22

21

1

61 400

31 467

2 137

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

27

25

26

4

11 600

1 940

10 100

1 400

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

3. 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.

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

4. The Community vessels referred to in paragraph 1 shall also
be authorised to fish for tropical tunas in the IOTC Area.

3. 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

5.
In order to take into account the implementation of the
development plans submitted to the IOTC, the limitations of
fishing capacity, as mentioned in this Article, may be increased
within the limits set out in those development plans.

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SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA

CHAPTER XII

Article 81

Pelagic fisheries — Capacity limitation

Article 82

Bottom fisheries

1. Member States actively exercising fisheries activities in 2008
shall limit the total level of GT of vessels flying their flag and
fishing for pelagic stocks in 2009 to the levels of total 63 000
GT in the SPFO area in a manner that sustainable exploitation of
the pelagic fishery resources in South Pacific is ensured.

1. 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.

2. Member States with a catch history in the pelagic fisheries in
the South Pacific, but not exercising their fisheries activities in
2008, may enter the fishery in the SPFO in 2009 provided that
they exercise voluntary restraint of fishing effort.

3. Member States shall notify the Commission on a monthly
basis of the names and characteristics, including GT, of their
vessels engaged in the fishery in the SPFO area.

4. Member States shall notify the Commission on a monthly
basis of the effective presence of their vessels in the SPFO area in
2009. VMS records plus catch reports, and, where available, port
calls shall serve as means of notification.

5. 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 the SPFO
scientific works on pelagic species.

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

3. 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 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 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 83

Data collection and sharing

6. 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.

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.

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE WCPFC AREA

CHAPTER XIII

Article 84

Article 85

Fishing effort limitations

Closed area for FAD fishing

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.

In the part of the WCPFC Area located between 20oN and
1.
20oS, fishing activities of purse seine vessels making use of FADs
shall be prohibited between 00:00 hours on 1 August 2009 and
24:00 hours on 30 September 2009. During this period, a purse
seine vessel may only engage in fishing operations within that

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part of the WCPFC Area, if it carries onboard an observer to
monitor that at no time does the vessel:

Article 86

Management plans for the use of FADs

— deploy or service a FAD or associated electronic device,

— fish on schools in association with FADs.

1. 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.

2. All purse seine vessels fishing in the part of the WCPFC Area
referred to in the first sentence of paragraph 1 shall retain
onboard and land or tranship all bigeye, yellowfin and skipjack
tuna.

2. 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.

3.

Paragraph 2 shall not apply in the following cases:

— in the final set of a trip, if the vessel has insufficient well

space left to accommodate all fish,

— when the fish is unfit for human consumption for reasons

other than those connected with size, or

Article 87

Maximum number of vessels fishing for swordfish

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

— when a serious malfunction of freezer equipment occurs.

2. The total catch limit for swordfish in the area referred to in
paragraph 1 shall be 3 107 tonnes.

SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE ICCAT AREA

CHAPTER XIV

Article 88

Reduction of sea-birds by-catch

(b)

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

1. 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.

2. 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.

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

(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;

(a)

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

(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 89

Article 92

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

Closed fishing season for bluefin tuna

In order to protect the swordfish, in particular small fish, fishing
for swordfish in Mediterranean Sea shall be prohibited from
1 October to 30 November 2009.

1. Bluefin tuna fishing in the Eastern Atlantic and Mediter-
ranean shall be prohibited for large-scale pelagic longline vessels
with overall length over 24 meters during the period from 1 June
to 31 December.

Article 90

Minimum size for Atlantic swordfish

Incidental captures of Atlantic swordfish, which is regarded as
undersized in accordance with Article 8(1) of Regulation (EC)
No 520/2007, are tolerated if these incidental captures do not
exceed 15 %, expressed in numbers of individuals per landing, of
the total swordfish catch of the concerned vessel.

Article 91

Sharks

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

By way of derogation from the first subparagraph, in the area
delimited by west of 10o W and north of 42o N, such fishing
shall be prohibited for such vessels from 1 February to 31 July.

2.
Purse seine fishing for bluefin tuna in the Eastern Atlantic
and Mediterranean shall be prohibited during the period from
15 June to 15 April.

3. Bluefin tuna fishing by bait boats and trolling boats in the
Eastern Atlantic shall be prohibited during the period from
15 October to 15 June.

4. Bluefin tuna fishing by pelagic trawlers in the Eastern
Atlantic shall be prohibited during the period from 15 October
to 15 June.

5. Bluefin tuna recreational and sport fishing in the Eastern
Atlantic and Mediterranean shall be prohibited from 15 October
to 15 June.

2. Community vessels fishing shall promptly release alive and
unharmed bigeye thresher sharks (Alopias superciliosus) caught in
association with fisheries managed by ICCAT, when brought
along side for taking on board the vessel.

Article 93

Recreational and sport fisheries for bluefin tuna

Incidental catches and live releases shall be recorded in the
logbook.

Member States shall allocate, from their quotas allocated in
Annex ID, a specific quota of bluefin tuna for recreational and
sport fisheries.

CHAPTER XV

ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES

Article 94

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.

SPECIAL PROVISIONS FOR COMMUNITY VESSELS IN THE HIGH SEAS OF THE BERING SEA

CHAPTER XVI

Article 95

Prohibition to fish in the High Seas of the Bering Sea

Fishing for Pollock (Theragra chalcogramma) in the High Seas of the Bering Sea shall be prohibited.

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CHAPTER XVII

FINAL PROVISIONS

Article 96

Data transmission

Article 97

Entry into force

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.

This Regulation shall enter
publication in the Official Journal of the European Union.

into force on the day of

its

It shall apply from 1 January 2009.

Where the TACs of the CCAMLR area are set for periods starting
before 1 January 2009, Article 40 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, 16 January 2009.

For the Council

The President

K. SCHWARZENBERG

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ANNEX I

CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR
THIRD-COUNTRIES' FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE
WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

All catch limits set out in this Annex shall be considered as quotas for the purposes of Article 5 of this Regulation, and shall,
therefore, be subject to the rules set out in Regulation (EEC) No 2847/93, and in particular Articles 14 and 15 thereof.

Within each area, fish stocks are referred to following the alphabetical order of the Latin names of the species. The following
table of correspondences of Latin names and common names is given for the purposes of this Regulation:

Scientific name

Alpha-3 code

Common name

Ammodytes spp.

Anarhichas lupus

Anarhichas spp.

Aphanopus carbo

Argentina silus

Beryx spp.

Boreogadus saida

Brosme brosme

Centrophorus squamosus

Centroscymnus coelolepis

Cetorhinus maximus

Chaenocephalus aceratus

Champsocephalus gunnari

Channichthys rhinoceratus

Chionoecetes spp.

Clupea harengus

Coryphaenoides rupestris

Dalatias licha

Deania calcea

Dissostichus eleginoides

Engraulis encrasicolus

Etmopterus princeps

Etmopterus pusillus

Etmopterus spinax

Euphausia superba

Gadus morhua

Galeorhinus galeus

Germo alalunga

Glyptocephalus cynoglossus

Gobionotothen gibberifrons

Hippoglossoides platessoides

Hippoglossus hippoglossus

Hoplostethus atlanticus

Illex illecebrosus

Lamna nasus

Lampanyctus achirus

Lepidonotothen squamifrons

Lepidorhombus spp.

Limanda ferruginea

SAN

CAA

CAT

BSF

ARU

ALF

POC

USK

GUQ

CYO

BSK

SSI

ANI

LIC

PCR

HER

RNG

SCK

DCA

TOP

ANE

ETR

ETP

ETX

KRI

COD

GAG

ALB

WIT

NOG

PLA

HAL

ORY

SQI

POR

LAC

NOS

LEZ

YEL

Sandeels

Atlantic catfish

Catfishes

Black scabbardfish

Greater silver smelt

Alfonsinos

Polar cod

Tusk

Leafscale gulper shark

Portuguese dogfish

Basking shark

Blackfin icefish

Antarctic icefish

Unicorn icefish

Snow crab

Herring

Roundnose grenadier

Kitefin shark

Birdbeak dogfish

Antarctic toothfish

Anchovy

Great lantern shark

Smooth lantern shark

Velvet belly

Krill

Cod

Tope shark

Albacore tunna

Witch flounder

Humped rockcod

American plaice

Atlantic halibut

Orange roughy

Short fin squid

Porbeagle

Lantern fish

Grey rockcod

Megrims

Yellowtail flounder

26.1.2009

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Official Journal of the European Union

L 22/33

Scientific name

Alpha-3 code

Common name

Limanda limanda

Lophiidae

Macrourus berglax

Macrourus spp.

Makaira nigricans

Mallotus villosus

Martialia hyadesi

Melanogrammus aeglefinus

Merlangius merlangus

Merluccius merluccius

Micromesistius poutassou

Microstomus kitt

Molva dypterygia

Molva macrophthalmus

Molva molva

Nephrops norvegicus

Notothenia rossii

Pagellus bogaraveo

Pandalus borealis

Paralomis spp.

Penaeus spp.

Phycis spp.

Platichthys flesus

Pleuronectes platessa

Pleuronectiformes

Pollachius pollachius

Pollachius virens

Psetta maxima

Pseudochaenichthus georgianus

Radjiformes — Rajidae

Reinhardtius hippoglossoides

Salmo salar

Scomber scombrus

Scophthalmus rhombus

Sebastes spp.

Solea solea

Solea spp.

Sprattus sprattus

Squalus acanthias

Tetrapturus alba

Thunnus alalunga

Thunnus albacares

Thunnus maccoyii

Thunnus obesus

Thunnus thynnus

Trachurus spp.

Trisopterus esmarki

Urophycis tenuis

Xiphias gladius

DAB

ANF

RHG

GRV

BUM

CAP

SQS

HAD

WHG

HKE

WHB

LEM

BLI

SLI

LIN

NEP

NOR

SBR

PRA

PAI

PEN

FOX

FLE

PLE

FLX

POL

POK

TUR

SGI

SRX-RAJ

GHL

SAL

MAC

BLL

RED

SOL

SOX

SPR

DGS

WHM

ALB

YFT

SBF

BET

BFT

JAX

NOP

HKW

SWO

Dab

Anglerfish

Roughead grenadier

Grenadier

Blue marlin

Capelin

Squid

Haddock

Whiting

Hake

Blue whiting

Lemon sole

Blue ling

Spanish ling

Ling

Norway lobster

Marbled rockcod

Red Seabream

Northern prawn

Crab

‘Penaeus’ shrimps

Forkbeards

Flounder

Plaice

Flatfish

Pollack

Saithe

Turbot

South Georgian icefish

Skates and rays

Greenland halibut

Atlantic salmon

Mackerel

Brill

Redfish

Common sole

Sole

Sprat

Spurdog/dogfish

White marlin

Albacore

Yellowfin tuna

Southern Bluefin Tuna

Bigeye tuna

Bluefin tuna

Horse mackerel

Norway pout

White hake

Swordfish

L 22/34

EN

Official Journal of the European Union

26.1.2009

The following table of correspondences of common names and Latin names is given exclusively for explanatory purposes:

Albacore

Albacore tunna

Alfonsinos

American plaice

Anchovy

Anglerfish

Antarctic icefish

Antarctic toothfish

Atlantic catfish

Atlantic halibut

Atlantic salmon

Basking shark

Bigeye tuna

Birdbeak dogfish

Black scabbardfish

Blackfin icefish

Blue ling

Blue marlin

Blue whiting

Bluefin tuna

Brill

Capelin

Catfishes

Cod

Common sole

Crab

Dab

Flatfish

Flounder

Forkbeards

Great lantern shark

Greater silver smelt

Greenland halibut

Grenadier

Grey rockcod

Haddock

Hake

Herring

Horse mackerel

Humped rockcod

Kitefin shark

Krill

Lantern fish

Leafscale gulper shark

Lemon sole

Ling

Mackerel

Marbled rockcod

Megrims

Northern prawn

Norway lobster

ALB

ALB

ALF

PLA

ANE

ANF

ANI

TOP

CAA

HAL

SAL

BSK

BET

DCA

BSF

SSI

BLI

BUM

WHB

BFT

BLL

CAP

CAT

COD

SOL

PAI

DAB

FLX

FLE

FOX

ETR

ARU

GHL

GRV

NOS

HAD

HKE

HER

JAX

NOG

SCK

KRI

LAC

GUQ

LEM

LIN

MAC

NOR

LEZ

PRA

NEP

Thunnus alalunga

Germo alalunga

Beryx spp.

Hippoglossoides platessoides

Engraulis encrasicolus

Lophiidae

Champsocephalus gunnari

Dissostichus eleginoides

Anarhichas lupus

Hippoglossus hippoglossus

Salmo salar

Cetorhinus maximus

Thunnus obesus

Deania calcea

Aphanopus carbo

Chaenocephalus aceratus

Molva dypterygia

Makaira nigricans

Micromesistius poutassou

Thunnus thynnus

Scophthalmus rhombus

Mallotus villosus

Anarhichas spp.

Gadus morhua

Solea solea

Paralomis spp.

Limanda limanda

Pleuronectiformes

Platichthys flesus

Phycis spp.

Etmopterus princeps

Argentina silus

Reinhardtius hippoglossoides

Macrourus spp.

Lepidonotothen squamifrons

Melanogrammus aeglefinus

Merluccius merluccius

Clupea harengus

Trachurus spp.

Gobionotothen gibberifrons

Dalatias licha

Euphausia superba

Lampanyctus achirus

Centrophorus squamosus

Microstomus kitt

Molva molva

Scomber scombrus

Notothenia rossii

Lepidorhombus spp.

Pandalus borealis

Nephrops norvegicus

26.1.2009

EN

Official Journal of the European Union

L 22/35

Norway pout

Orange roughy

Penaeus shrimps

Plaice

Polar cod

Pollack

Porbeagle

Portuguese dogfish

Red Seabream

Redfish

Roughead grenadier

Roundnose grenadier

Saithe

Sandeels

Short fin squid

Skates and rays

Smooth lantern shark

Snow crab

Sole

Southern Bluefin Tuna

South Georgian icefish

Spanish ling

Sprat

Spurdog/dogfish

Squid

Swordfish

Tope shark

Turbot

Tusk

Unicorn icefish

Velvet belly

White hake

White marlin

Whiting

Witch flounder

Yellowfin tuna

Yellowtail flounder

NOP

ORY

PEN

PLE

POC

POL

POR

CYO

SBR

RED

RHG

RNG

POK

SAN

SQI

Trisopterus esmarki

Hoplostethus atlanticus

Penaeus spp.

Pleuronectes platessa

Boreogadus saida

Pollachius pollachius

Lamna nasus

Centroscymnus coelolepis

Pagellus bogaraveo

Sebastes spp.

Macrourus berglax

Coryphaenoides rupestris

Pollachius virens

Ammodytes spp.

Illex illecebrosus

SRX-RAJ

Radjiformes — Rajidae

ETP

PCR

SOX

SBF

SGI

SLI

SPR

DGS

SQS

SWO

GAG

TUR

USK

LIC

ETX

HKW

WHM

WHG

WIT

YFT

YEL

Etmopterus pusillus

Chionoecetes spp.

Solea spp.

Thunnus maccoyii

Pseudochaenichthus georgianus

Molva macrophthalmus

Sprattus sprattus

Squalus acanthias

Martialia hyadesi

Xiphias gladius

Galeorhinus galeus

Psetta maxima

Brosme brosme

Channichthys rhinoceratus

Etmopterus spinax

Urophycis tenuis

Tetrapturus alba

Merlangius merlangus

Glyptocephalus cynoglossus

Thunnus albacares

Limanda ferruginea

L 22/36

EN

Official Journal of the European Union

26.1.2009

SKAGERRAK, KATTEGAT, ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EC waters of CECAF, French
Guyana waters

ANNEX IA

Species: Sandeel

Ammodytidae

Denmark

United Kingdom

Germany

Sweden

EC

Norway

Faroe

TAC

167 436

3 660

256

6 148

177 500

20 000 (2)

2 500 (2)

200 000

Zone:

EC waters of IIIa; EC waters of IIa and IV (1)
(SAN/2A3A4.)

Analytical TAC.
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula.

(1)
(2) To be taken in zone IV.

Species: Greater silver smelt

Argentina silus

Zone:

EC and international waters of I and II
(ARU/1/2.)

Germany

France

The Netherlands

United Kingdom

EC

31

10

25

50

116

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/37

Species: Greater silver smelt

Argentina silus

Zone:

EC waters of III and IV
(ARU/3/4.)

Denmark

Germany

France

Ireland

The Netherlands

Sweden

United Kingdom

EC

1 180

12

8

8

55

46

21

1 331

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Greater silver smelt

Argentina silus

Zone:

EC and international waters of V, VI and VII
(ARU/567.)

Germany

France

Ireland

The Netherlands

United Kingdom

EC

Species: Tusk

Brosme brosme

Germany

France

United Kingdom

Others

EC

405

9

375

4 226

297

5 311

7 (1)

7 (1)

7 (1)

3 (1)

24 (1)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

EC and international waters of I, II and XIV
(USK/1214EI.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Exclusively for by-catches. No directed fisheries are permitted under this quota.

L 22/38

EN

Official Journal of the European Union

26.1.2009

Species: Tusk

Brosme brosme

Zone:

EC waters of III
(USK/03-C.)

Denmark

Sweden

Germany

EC

Species: Tusk

Brosme brosme

Denmark

Germany

France

Sweden

United Kingdom

Others

EC

14

7

7

28

62

19

44

6

94

6 (1)

231

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

EC waters of IV
(USK/04-C.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Exclusively for by-catches. No directed fisheries are permitted under this quota.

26.1.2009

EN

Official Journal of the European Union

L 22/39

Species: Tusk

Brosme brosme

Germany

Spain

France

Ireland

United Kingdom

Others

EC

Norway (2)

TAC

6

21

254

25

123

6 (1)

435

3 350 (3) (4)

3 785

Zone:

EC and international waters of V, VI and VII
(USK/567EI.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)
(2) This quota should be fished in EC waters of IIa, IV, Vb, VI and VII.
(3) Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in zones Vb, VI and VII. However, this
percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of
other species in zones Vb, VI and VII shall not exceed 3 000 tonnes.
Including ling. The quotas for Norway are ling 5 638 tonnes, and tusk 3 350 tonnes and are interchangeable of up to 2 000 tonnes and
may only be fished with long-lines in zones Vb, VI and VII.

(4)

Species: Tusk

Brosme brosme

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

0

165

1

0

0

4

170

Not relevant

Zone:

Norwegian waters of IV
(USK/4AB-N.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/40

EN

Official Journal of the European Union

26.1.2009

Species: Herring (1)

Clupea harengus

Zone:

IIIa
(HER/03A.)

Denmark

Germany

Sweden

EC

Faroe Islands

TAC

15 611

250

16 329

32 190

500 (2)

37 722

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.

(1)
(2) To be taken in Skagerrak.

Species: Herring (1)

Clupea harengus

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

23 475

14 762

10 072

22 519

1 740

25 275

97 843

49 590 (2)

171 000

Zone:

EC and Norwegian waters of ICES zone IV north of
53o30'N
(HER/04A.), (HER/04B.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm. Member States must inform the
Commission of their landings of herring distinguishing between ICES zones IVa and IVb.

(2) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified

Norwegian waters south

of 62oN (HER/*04N-)

EC

50 000

26.1.2009

EN

Official Journal of the European Union

L 22/41

Species: Herring

Clupea harengus

Zone:

Norwegian waters south of 62oN
(HER/04-N.)

Sweden

EC

TAC

846 (1)

846

not relevant

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of cod, haddock, pollack and whiting and saithe shall be counted against the quota for these species.

Species: Herring (1)

Clupea harengus

Zone:

By-catches in zone IIIa
(HER/03A-BC.)

Denmark

Germany

Sweden

EC

TAC

7 157

64

1 152

8 373

8 373

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Landings of herring taken in fisheries using nets with mesh sizes smaller than 32 mm.

Species: Herring (1)

Clupea harengus

Zone:

By-catches in IV, VIId and in EC waters of IIa
(HER/2A47DX.)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

TAC

79

15 303

79

79

79

75

291

15 985

15 985

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Landings of herring taken in fisheries using nets with mesh sizes smaller than 32 mm.

L 22/42

EN

Official Journal of the European Union

26.1.2009

Species: Herring (1)

Clupea harengus

Zone:

VIId; IVc (2)
(HER/4CXB7D.)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

7 100 (3)

335 (3)

210 (3)

5 462 (3)

8 550 (3)

1 910 (3)

23 567

171 000

Analytical TAC
Article 3 of Regulation (EC) No847/96 does
not apply.
Article 4 of Regulation (EC) No847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)
(2)

Landings of herring taken in fisheries using nets with mesh sizes equal to or larger than 32 mm.
Except Blackwater stock: reference is to the herring stock in the maritime region of the Thames estuary within a zone delimited by a line
running due south from Landguard Point (51o56' N, 1o19.1' E) to latitude 51o33' N and hence due west to a point on the coast of the
United Kingdom.

(3) Up to 50 % of this quota may be taken in zone IVb. However, the use of this special condition must be notified in advance to the

Commission (HER/*04B.).

Species: Herring

Clupea harengus

Zone:

EC and international waters of Vb and VIb and VIaN (1)
(HER/5B6ANB)

Germany

France

Ireland

The Netherlands

United Kingdom

EC

Faroe Islands

TAC

2 359

446

3 187

2 359

12 749

21 100

660 (2)

21 760

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Reference is to the herring stock in ICES zone VIa, north of 56o00' N and in that part of VIa which is situated east of 07o00' W and north

of 55o00' N, excluding the Clyde.

(2) This quota may only be taken in ICES zone VIa north of 56o30' N.

26.1.2009

EN

Official Journal of the European Union

L 22/43

Species: Herring

Clupea harengus

Ireland

The Netherlands

EC

TAC

8 467

847

9 314

9 314

Zone:

VIIbc; VIaS (1)
(HER/6AS7BC)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Reference is to the herring stock in ICES zone VIa south of 56o00' N and west of 07o00' W.

Species: Herring

Clupea harengus

United Kingdom

EC

TAC

800

800

800

Zone:

VI Clyde (1)
(HER/06ACL.)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 applies.
Article 4 of Regulation (EC) No 847/96 does not
apply.
Article 5(2) of Regulation (EC) No 847/96 applies.

(1) Clyde stock: reference is to the herring stock in the maritime area situated to the north-east of a line drawn between the Mull of Kintyre

and Corsewall Point.

Species: Herring

Clupea harengus

Ireland

United Kingdom

EC

TAC

1 250

3 550

4 800

4 800

Zone:

VIIa (1)
(HER/07A/MM.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Zone VIIa is reduced by the area added to the ICES zones VIIg, VIIh, VIIj and VIIk bounded:

— to the north by latitude 52o 30'N,
— to the south by latitude 52o 00'N,
— to the west by the coast of Ireland,
— to the east by the coast of the United Kingdom.

L 22/44

EN

Official Journal of the European Union

26.1.2009

Species: Herring

Clupea harengus

France

United Kingdom

EC

TAC

Species: Herring

Clupea harengus

Germany

France

Ireland

The Netherlands

United Kingdom

EC

TAC

500

500

1 000

1 000

66

365

5 115

365

7

5 918

5 918

Zone:

VIIe and VIIf
(HER/7EF.)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIg (1) , VIIh (1) , VIIj (1) and VIIk (1)
(HER/7G-K.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) This zone is increased by the area bounded:
— to the north by latitude 52o 30'N,
— to the south by latitude 52o 00'N,
— to the west by the coast of Ireland,
— to the east by the coast of the United Kingdom.

Species: Anchovy

Engraulis encrasicolus

Zone:

VIII
(ANE/08.)

Spain

France

EC

TAC

0

0

0

0

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/45

Species: Anchovy

Engraulis encrasicolus

Zone:

IX and X; EC waters of CECAF 34.1.1
(ANE/9/3411)

Spain

Portugal

EC

TAC

Species: Cod

Gadus morhua

Belgium

Denmark

Germany

The Netherlands

Sweden

EC

TAC

3 826

4 174

8 000

8 000

10

3 291

83

21

576

3 981

4 114

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Skagerrak (1)
(COD/03AN.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Area as defined in Article 4(b) of this Regulation.

Species: Cod

Gadus morhua

Zone:

Kattegat (1)
(COD/03AS.)

Denmark

Germany

Sweden

EC

TAC

312

6

187

505

505

(1) Area as defined in Article 4(c) of this Regulation.

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/46

EN

Official Journal of the European Union

26.1.2009

Species: Cod

Gadus morhua

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

851

4 889

3 100

1 051

2 762

33

11 216

23 902

4 896 (1)

28 798

Zone:

IV; EC waters of IIa; that part of IIIa not covered by the
Skagerrak and Kattegat
(COD/2A3AX4)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones
specified

Norwegian waters of IV

(COD/*04N-)

EC

20 775

Species: Cod

Gadus morhua

Sweden

EC

TAC

382 (1)

382

Not relevant

Zone:

Norwegian waters south of 62o N
(COD/04-N.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of haddock, pollack and whiting and saithe shall be counted against the quota for this species.

26.1.2009

EN

Official Journal of the European Union

L 22/47

Species: Cod

Gadus morhua

Belgium

Germany

France

Ireland

United Kingdom

EC

TAC

0

4

48

68

182

302

302

Zone:

VI; EC waters of Vb; EC and international waters of XII and
XIV
(COD/561214)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones
specified

VIa; EC waters of Vb

(COD/*5BC6A)

Belgium

Germany

France

Ireland

United Kingdom

EC

Species: Cod

Gadus morhua

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

0

4

38

54

144

240

12

33

592

3

259

899

899

Zone:

VIIa
(COD/07A.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/48

EN

Official Journal of the European Union

26.1.2009

Species: Cod

Gadus morhua

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

Species: Cod

Gadus morhua

Belgium

France

The Netherlands

United Kingdom

EC

TAC

167

2 735

825

1

295

4 023

4 023

72

1 409

42

155

1 678

1 678

Zone:

VIIb-c, VIIe-k, VIII, IX and X; EC waters of CECAF 34.1.1
(COD/7XAD34)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIId
(COD/07D.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/49

Species: Porbeagle

Lamna nasus

Denmark

France

Germany

Ireland

Portugal

Spain

Sweden

United Kingdom

EC

TAC

23 (1)

248 (1)

5 (1)

6 (1)

20 (1)

131 (1)

1 (1)

2 (1)

436 (1)

436 (1)

Zone:

EC and international waters of I, II, III, IV, V, VI, VII, VIII,
IX, X, XII and XIV
(POR/1-14CI)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) A maximum landing size of 210 cm (fork length) shall be respected.

Species: Megrims

Lepidorhombus spp.

Zone:

EC waters of IIa and IV
(LEZ/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

5

4

4

26

21

1 537

1 597

1 597

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/50

EN

Official Journal of the European Union

26.1.2009

Species: Megrims

Lepidorhombus spp.

Zone:

VI; EC waters of Vb; international waters of XII and XIV
(LEZ/561214)

Spain

France

Ireland

United Kingdom

EC

TAC

318

1 240

363

878

2 799

2 799

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Megrims

Lepidorhombus spp.

Zone:

VII
(LEZ/07.)

Belgium

Spain

France

Ireland

United Kingdom

EC

TAC

494

5 490

6 663

3 029

2 624

18 300

18 300

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Megrims

Lepidorhombus spp.

Zone:

VIIIa, VIIIb, VIIId and VIIIe
(LEZ/8ABDE.)

Spain

France

EC

TAC

1 176

949

2 125

2 125

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/51

Species: Megrims

Lepidorhombus spp.

Zone:

VIIIc, IX and X; EC waters of CECAF 34.1.1
(LEZ/8C3411)

Spain

France

Portugal

EC

TAC

1 320

66

44

1 430

1 430

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Dab and flounder

Limanda limanda and Platichthys flesus

Zone:

EC waters of IIa and IV
(D/F/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

TAC

513

1 927

2 890

200

11 654

6

1 620

18 810

18 810

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/52

EN

Official Journal of the European Union

26.1.2009

Species: Anglerfish

Lophiidae

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

TAC

Species: Anglerfish

Lophiidae

Belgium

Denmark

Germany

The Netherlands

United Kingdom

EC

TAC

401

884

432

82

303

10

9 233

11 345

11 345

47

1 189

19

17

278

1 550

Not relevant

Zone:

EC waters of IIa and IV
(ANF/2AC4-C)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Norwegian waters of IV
(ANF/4AB-N.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/53

Species: Anglerfish

Lophiidae

Belgium

Germany

Spain

France

Ireland

The Netherlands

United Kingdom

EC

TAC

Species: Anglerfish

Lophiidae

Belgium

Germany

Spain

France

Ireland

The Netherlands

United Kingdom

EC

TAC

200

228

214

2 462

557

193

1 713

5 567

5 567

2 595 (1)

289 (1)

1 031 (1)

16 651 (1)

2 128 (1)

336 (1)

5 050 (1)

28 080 (1)

28 080 (1)

Zone:

VI; EC waters of Vb; international waters of XII and XIV
(ANF/561214)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VII
(ANF/07.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which up to 5 % may be fished in ICES zones VIIIa, VIIIb, VIIId and VIIIe (ANF/*8ABDE).

L 22/54

EN

Official Journal of the European Union

26.1.2009

Species: Anglerfish

Lophiidae

Spain

France

EC

TAC

Species: Anglerfish

Lophiidae

Spain

France

Portugal

EC

TAC

1 206

6 714

7 920

7 920

1 467

1

292

1 760

1 760

Zone:

VIIIa, VIIIb, VIIId and VIIIe
(ANF/8ABDE.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIIc, IX and X; EC waters of CECAF 34.1.1
(ANF/8C3411)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Haddock

Melanogrammus aeglefinus

Zone:

IIIa, EC waters of IIIb, IIIc and IIId
(HAD/3A/BCD)

Belgium

Denmark

Germany

The Netherlands

Sweden

EC

TAC

11

1 866

118

2

220

2 217 (1)

2 590

(1)

Excluding an estimate of 264 tonnes of industrial by-catches.

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/55

Species: Haddock

Melanogrammus aeglefinus

Zone:

IV; EC waters of IIa
(HAD/2AC4.)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

243

1 668

1 061

1 850

182

168

27 507

32 679 (1)

8 685

42 110

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Excluding an estimate of 746 tonnes of industrial by-catches.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified

Norwegian waters of IV

(HAD/*04N-)

EC

24 863

Species: Haddock

Melanogrammus aeglefinus

Zone:

Norwegian waters south of 62o N
(HAD/04-N.)

Sweden

EC

TAC

707 (1)

707

Not relevant

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of cod, pollack and whiting and saithe shall be counted against the quota for this species.

L 22/56

EN

Official Journal of the European Union

26.1.2009

Species: Haddock

Melanogrammus aeglefinus

Zone:

EC and international waters of ICES zones VIb, XII and XIV
(HAD/6B1214)

Belgium

Germany

France

Ireland

United Kingdom

EC

TAC

13

16

649

463

4 738

5 879

5 879

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Haddock

Melanogrammus aeglefinus

Zone:

EC waters of Vb and VIa
(HAD/5BC6A.)

Belgium

Germany

France

Ireland

United Kingdom

EC

TAC

4

5

194

576

2 737

3 516

3 516

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Haddock

Melanogrammus aeglefinus

Zone:

VIIb-k, VIII, IX and X; EC waters of CECAF 34.1.1
(HAD/7X7A34)

Belgium

France

Ireland

United Kingdom

EC

TAC

129

7 719

2 573

1 158

11 579

11 579

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/57

Species: Haddock

Melanogrammus aeglefinus

Zone:

VIIa
(HAD/07A.)

Belgium

France

Ireland

United Kingdom

EC

TAC

23

103

617

681

1 424

1 424

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Whiting

Merlangius merlangus

Zone:

IIIa
(WHG/03A.)

Denmark

The Netherlands

Sweden

EC

TAC

232

1

25

258 (1)

1 050

(1)

Excluding an estimate of 773 tonnes of industrial by-catch.

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/58

EN

Official Journal of the European Union

26.1.2009

Species: Whiting

Merlangius merlangus

Zone:

IV; EC waters of IIa
(WHG/2AC4.)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

270

1 166

303

1 752

674

2

8 426

12 593 (1)

1 517 (2)

15 173

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Excluding an estimate of 1 063 tonnes of industrial by-catches.

(1)
(2) May be taken in EC waters. Catches taken within this quota are to be deducted from Norway's share of the TAC.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones
specified:

Norwegian waters of IV

(WHG/*04N-)

EC

9 252

Species: Whiting

Merlangius merlangus

Zone:

VI; EC waters of Vb; international waters of XII and XIV
(WHG/561214)

Germany

France

Ireland

United Kingdom

EC

TAC

4

70

171

329

574

574

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/59

Species: Whiting

Merlangius merlangus

Zone:

VIIa
(WHG/07A.)

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

1

7

120

0

81

209

209

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Whiting

Merlangius merlangus

Zone:

VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh and VIIk
(WHG/7X7A.)

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

163

9 999

4 918

81

1 788

16 949

16 949

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Whiting

Merlangius merlangus

Zone:

VIII
(WHG/08.)

Spain

France

EC

TAC

1 440

2 160

3 600

3 600

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/60

EN

Official Journal of the European Union

26.1.2009

Species: Whiting

Merlangius merlangus

Zone:

IX and X; EC waters of CECAF 34.1.1
(WHG/9/3411)

Portugal

EC

TAC

653

653

653

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Whiting and Pollack

Merlangius merlangus and Pollachius pollachius

Zone:

Norwegian waters south of 62o N
(W/P/04-N.)

Sweden

EC

TAC

190 (1)

190

Not relevant

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of cod, haddock and saithe shall be counted against the quota for these species.

Species: Hake

Merluccius merluccius

Zone:

IIIa; EC waters of IIIb, IIIc and IIId
(HKE/3A/BCD)

Denmark

Sweden

EC

TAC

1 430

122

1 552

1 552 (1)

(1) Within an overall TAC of 51 500 tonnes for the northern stock of hake.

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/61

Species: Hake

Merluccius merluccius

Zone:

EC waters of IIa and IV
(HKE/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

26

1 045

120

231

60

326

1 808

1 808 (1)

(1) Within an overall TAC of 51 500 tonnes for the northern stock of hake.

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/62

EN

Official Journal of the European Union

26.1.2009

Species: Hake

Merluccius merluccius

Zone:

VI and VII; EC waters of Vb; international waters of XII and
XIV
(HKE/571214)

Belgium

Spain

France

Ireland

The Netherlands

United Kingdom

EC

TAC

265 (1)

8 513

13 147 (1)

1 593

171 (1)

5 190 (1)

28 879

28 879 (2)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Transfers of this quota may be effected to EC waters of zones IIa and IV. However, such transfers must be notified in advance to the

Commission.

(2) Within an overall TAC of 51 500 tonnes for the northern stock of hake.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Belgium

Spain

France

Ireland

The Netherlands

United Kingdom

EC

VIIIa, VIIIb, VIIId and VIIIe

(HKE/*8ABDE)

34

1 374

1 374

172

17

772

3 742

26.1.2009

EN

Official Journal of the European Union

L 22/63

Species: Hake

Merluccius merluccius

Zone:

VIIIa, VIIIb, VIIId and VIIIe
(HKE/8ABDE.)

Belgium

Spain

France

The Netherlands

EC

TAC

9 (1)

5 926

13 309

17 (1)

19 261

19 261 (2)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Transfers of this quota may be effected to Zones IV and EC waters of zone IIa. However, such transfers must be notified in advance to the

Commission.

(2) Within an overall TAC of 51 500 tonnes for the northern stock of hake.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

VI and VII; EC waters of Vb;
international waters of XII and XIV

(HKE/*57-14)

Belgium

Spain

France

The Netherlands

EC

Species: Hake

Merluccius merluccius

Spain

France

Portugal

EC

TAC

2

1 717

3 090

5

4 814

5 186

498

2 420

8 104

8 104

Zone:

VIIIc, IX and X; EC waters of CECAF 34.1.1
(HKE/8C3411)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/64

EN

Official Journal of the European Union

26.1.2009

Species: Blue whiting

Micromesistius poutassou

Zone:

Norwegian waters of II and IV
(WHB/4AB-N.)

Denmark

United Kingdom

EC

TAC

3 800

200

4 000

590 000

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Blue whiting Micromesistius poutassou

Zone:

EC and international waters of I, II, III, IV, V, VI, VII, VIIIa,
VIIIb, VIIId, VIIIe, XII and XIV
(WHB/1X14)

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

Sweden

United Kingdom

EC

Norway

Faroe Islands

TAC

11 307 (1) (2)

4 396 (1) (2)

9 586 (1) (2)

7 869 (1) (2)

8 756 (1) (2)

13 787 (1) (2)

890 (1) (2)

2 797 (1) (2)

14 670 (1) (2)

74 058 (1) (2)

63 200 (3) (4)

10 500 (5) (6)

590 000

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which up to 68 % may be fished in Norwegian Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM1).
(2) Of which up to 27 % may be fished in Faroese waters (WHB/*05B-F).
(3) May be fished in EC waters in zones II, IVa, VIa north of 56o30N, VIb and VII west of 12oW (WHB/*8CX34) No more than

40 000 tonnes may be fished in zone IVa.

(4) Of which up to 500 tonnes may consist of argentine (Argentina spp.).
(5) Catches of blue whiting may include unavoidable catches of argentine (Argentina spp.).
(6) May be fished in EC waters in zones II, IVa, V, VIa north of 56o30' N, VIb and VII west of 12o W. The catch in zone IVa shall be no more

than 2 625 tonnes.

26.1.2009

EN

Official Journal of the European Union

L 22/65

Species: Blue whiting

Micromesistius poutassou

Zone:

VIIIc, IX and X; EC waters of CECAF 34.1.1
(WHB/8C3411)

Spain

Portugal

EC

TAC

12 124

3 031

15 155 (1) (2)

590 000

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which up to 68 % may be fished in Norwegian Exclusive Economic Zone or in the fishery zone around Jan Mayen (WHB/*NZJM2).
(2) Of which up to 27 % may be fished in Faroese waters (WHB/*05B-F).

Species: Blue whiting

Micromesistius poutassou

Zone:

EC waters of II, IVa, V, VI north of 56o30N and VII west of
12oW
(WHB/24A567)

Norway

Faroe Islands

TAC

96 914 (1) (2)

20 000 (3) (4)

590 000

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) To be counted against Norway's catch limits established under the Coastal States arrangement.
(2) The catch in Zone IV shall be no more than 24 229 tonnes, i.e. 25 % of Norway's access level.
(3) To be counted against the catch limits of the Faroe Islands established under the Coastal States arrangement.
(4) May also be fished in zone VIb. The catch in zone IV shall be no more than 5 000 tonnes.

Species: Lemon sole and witch

Microstomus kitt and Glyptocephalus cynoglossus

Zone:

EC waters of IIa and IV
(L/W/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

TAC

368

1 013

130

277

843

11

4 151

6 793

6 793

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/66

EN

Official Journal of the European Union

26.1.2009

Species: Blue ling

Molva dypterygia

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of VI, VII
(BLI/67-)

Germany

Estonia

Spain

France

Ireland

Lithuania

Poland

United Kingdom

Others

EC

Norway

Faroe Islands

TAC

21

3

67

1 518

6

1

1

386

6 (1)

2 009

150 (2)

150 (3)

2 309

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Exclusively for by-catches. No directed fisheries are permitted under this quota.

(1)
(2) This quota can be fished in EC-waters of IIa, IV, Vb, VI and VII.
(3) By-catches of roundnose grenadier and black scabbard fish to be counted against this quota. This quota can be fished in EC waters of VIa

north of 56o30'N and VIb.

Species: Ling

Molva molva

Denmark

Germany

France

United Kingdom

Others (1)

EC

10

10

10

10

5

45

Zone:

EC and international waters of I and II
(LIN/1/2.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Exclusively for by-catches. No directed fisheries are permitted under this quota.

26.1.2009

EN

Official Journal of the European Union

L 22/67

Species: Ling

Molva molva

Belgium

Denmark

Germany

Sweden

United Kingdom

EC

7 (1)

57

7 (1)

22

7 (1)

100

Zone:

IIIa; EC waters of IIIb, IIIc and IIId
(LIN/03.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

Species: Ling

Molva molva

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Species: Ling

Molva molva

Belgium

Denmark

Germany

France

United Kingdom

EC

18

286

177

159

6

12

2 196

2 856

9

6

6

6

6

34

Zone:

EC waters of IV
(LIN/04.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

EC and international waters of V
(LIN/05.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/68

EN

Official Journal of the European Union

26.1.2009

Species: Ling

Molva molva

Belgium

Denmark

Germany

Spain

France

Ireland

Portugal

United Kingdom

EC

Norway

Faroe Islands

TAC

40

7

147

2 969

3 166

793

7

3 645

10 776

5 638 (1) (2)

250 (3) (4)

16 664

Zone:

EC and international waters of VI, VII, VIII, IX, X, XII and
XIV
(LIN/6X14.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(2)

(1) Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in zones Vb, VI and VII. However, this
percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of
other species in zones VI and VII shall not exceed 3 000 tonnes.
Including tusk. The quotas for Norway are ling 5 638 tonnes and tusk 3 350 tonnes and are interchangeable of up to 2 000 tonnes and
may only be fished with long-lines in zones Vb, VI and VII.
Including tusk. Only to be taken in zones VIb and VIa north of 56o 30' N.

(3)
(4) Of which an incidental catch of other species of 20 % per ship, at any moment, is authorised in ICES zone VIa and VIb. However, this
percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specific ground. The total incidental catch of
other species in zone VI shall not exceed 75 tonnes.

Species: Ling

Molva molva

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

6

747

21

8

1

67

850

Not relevant

Zone:

Norwegian waters of IV
(LIN/4AB-N.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/69

Species: Norway lobster

Nephrops norvegicus

Zone:

IIIa ; EC waters of IIIb, IIIc and IIId
(NEP/3A/BCD)

Denmark

Germany

Sweden

EC

TAC

3 800

11 (1)

1 359

5 170

5 170

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

Species: Norway lobster

Nephrops norvegicus

Zone:

EC waters of IIa and IV
(NEP/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

1 299

1 299

19

38

669

21 513

24 837

24 837

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Norway lobster

Nephrops norvegicus

Zone:

Norwegian waters of IV
(NEP/4AB-N.)

Denmark

Germany

UK

EC

TAC

1 145

1

64

1 210

Not relevant

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/70

EN

Official Journal of the European Union

26.1.2009

Species: Norway lobster

Nephrops norvegicus

Zone:

VI; EC waters of Vb
(NEP/5BC6.)

Spain

France

Ireland

United Kingdom

EC

TAC

38

153

255

18 445

18 891

18 891

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Norway lobster

Nephrops norvegicus

Zone:

VII
(NEP/07.)

Spain

France

Ireland

United Kingdom

EC

TAC

1 479

5 994

9 091

8 086

24 650

24 650

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Norway lobster

Nephrops norvegicus

Zone:

VIIIa, VIIIb, VIIId and VIIIe
(NEP/8ABDE.)

Spain

France

EC

TAC

246

3 858

4 104

4 104

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/71

Species: Norway lobster

Nephrops norvegicus

Zone:

VIIIc
(NEP/08C.)

Spain

France

EC

TAC

Species: Norway lobster

Nephrops norvegicus

Spain

Portugal

EC

TAC

108

4

112

112

94

280

374

374

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

IX and X; EC waters of CECAF 34.1.1
(NEP/9/3411)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Northern prawn
Pandalus borealis

Zone:

IIIa
(PRA/03A.)

Denmark

Sweden

EC

TAC

4 033

2 172

6 205

11 620

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/72

EN

Official Journal of the European Union

26.1.2009

Species: Northern prawn
Pandalus borealis

Zone:

EC waters of IIa and IV
(PRA/2AC4-C)

Denmark

The Netherlands

Sweden

United Kingdom

EC

TAC

3 700

35

149

1 096

4 980

4 980

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Northern prawn
Pandalus borealis

Zone:

Norwegian waters south of 62o N
(PRA/04-N.)

Denmark

Sweden

EC

TAC

500

164 (1)

664

Not relevant

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of cod, haddock, pollack, whiting and saithe shall be counted against the quotas for this species.

Species:

‘Penaeus’ shrimps
Penaeus spp

Zone:

French Guyana waters (1)
(PEN/FGU.)

France

EC

TAC

4 108 (2)

4 108 (2)

4 108 (2)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Area as defined in Article 16(3) of this Regulation.
(2)

Fishing for shrimps Penaeus subtilis and Penaeus brasiliensis is prohibited in waters less than 30 m deep.

26.1.2009

EN

Official Journal of the European Union

L 22/73

Species: Plaice

Pleuronectes platessa

Zone:

Skagerrak (1)
(PLE/03AN.)

Belgium

Denmark

Germany

The Netherlands

Sweden

EC

TAC

56

7 280

37

1 400

390

9 163

9 350

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Area as defined in Article 4(b) of this Regulation.

Species: Plaice

Pleuronectes platessa

Zone:

Kattegat (1)
(PLE/03AS.)

Denmark

Germany

Sweden

EC

TAC

2 081

23

234

2 338

2 338

(1) Area as defined in Article 4(c) of this Regulation.

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/74

EN

Official Journal of the European Union

26.1.2009

Species: Plaice

Pleuronectes platessa

Zone:

IV; EC waters of IIa; that part of IIIa not covered by the
Skagerrak and the Kattegat
(PLE/2A3AX4)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

Norway

TAC

3 238

10 523

3 035

607

20 237

14 975

52 615

2 885

55 500

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Norwegian waters of IV

(PLE/*04N-)

EC

21 590

Species: Plaice

Pleuronectes platessa

Zone:

VI; EC waters of Vb; international waters of XII and XIV
(PLE/561214)

France

Ireland

United Kingdom

EC

TAC

22

287

477

786

786

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/75

Species: Plaice

Pleuronectes platessa

Zone:

VIIa
(PLE/07A.)

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

37

16

934

11

432

1 430

1 430

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Plaice

Pleuronectes platessa

Zone:

VIIb and VIIc
(PLE/7BC.)

France

Ireland

EC

TAC

19

75

94

94

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Plaice

Pleuronectes platessa

Zone:

VIId and VIIe
(PLE/7DE.)

Belgium

France

United Kingdom

EC

TAC

760

2 534

1 352

4 646

4 646

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/76

EN

Official Journal of the European Union

26.1.2009

Species: Plaice

Pleuronectes platessa

Zone:

VIIf and VIIg
(PLE/7FG.)

Belgium

France

Ireland

United Kingdom

EC

TAC

Species: Plaice

Pleuronectes platessa

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

Species: Plaice

Pleuronectes platessa

Spain

France

Portugal

EC

TAC

59

107

200

56

422

422

8

16

184

32

16

256

256

75

298

75

448

448

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIh, VIIj and VIIk
(PLE/7HJK.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIII, IX and X; EC waters of CECAF 34.1.1
(PLE/8/3411)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/77

Species: Pollack

Pollachius pollachius

Zone:

VI; EC waters of Vb; international waters of XII and XIV
(POL/561214)

Spain

France

Ireland

United Kingdom

EC

TAC

6

216

63

165

450

450

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Pollack

Pollachius pollachius

Zone:

VII
(POL/07.)

Belgium

Spain

France

Ireland

United Kingdom

EC

TAC

476

29

10 959

1 168

2 668

15 300

15 300

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Pollack

Pollachius pollachius

Zone:

VIIIa, VIIIb, VIIId and VIIIe
(POL/8ABDE.)

Spain

France

EC

TAC

286

1 394

1 680

1 680

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/78

EN

Official Journal of the European Union

26.1.2009

Species: Pollack

Pollachius pollachius

Zone:

VIIIc
(POL/08C.)

Spain

France

EC

TAC

Species: Pollack

Pollachius pollachius

Spain

Portugal

EC

TAC

236

26

262

262

278

10

288

288

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

IX and X; EC waters of CECAF 34.1.1
(POL/9/3411)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Saithe

Pollachius virens

Zone:

IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId
(POK/2A34.)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

44

5 222

13 187

31 035

132

718

10 110

60 448

65 486 (1)

125 934

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) May only be taken in IV (EC waters) and IIIa. Catches taken within this quota are to be deducted from Norway's share of the TAC.

26.1.2009

EN

Official Journal of the European Union

L 22/79

Species: Saithe

Pollachius virens

Germany

France

Ireland

United Kingdom

EC

TAC

821

8 158

470

3 617

13 066

13 066

Zone:

VI; EC waters of Vb; EC and international waters of XII and
XIV
(POK/561214)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Saithe

Pollachius virens

Zone:

Norwegian waters south of 62oN
(POK/04-N.)

Sweden

EC

TAC

880 (1)

880

Not relevant

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of cod, haddock, pollack and whiting shall be counted against the quota for this species.

Species: Saithe

Pollachius virens

Belgium

France

Ireland

United Kingdom

EC

TAC

8

1 723

1 578

481

3 790

3 790

Zone:

VII, VIII, IX and X; EC waters of CECAF 34.1.1
(POK/7/3411)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/80

EN

Official Journal of the European Union

26.1.2009

Species: Turbot and brill

Psetta maxima and Scopthalmus rhombus

Zone:

EC waters of IIa and IV
(T/B/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

TAC

386

825

211

99

2 923

6

813

5 263

5 263

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Skates and rays
Rajidae

Zone:

EC waters of IIa and IV
(SRX/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

277 (1) (2) (3)

11 (1) (2) (3)

14 (1) (2) (3)

43 (1) (2) (3)

236 (1) (2) (3)

1 062 (1) (2) (3)

1 643 (1) (3)

1 643 (3)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Catches of Cuckoo ray (Leucoraja naevus) (RJN/2AC4-C), Thornback ray (Raja clavata) (RJC/2AC4-C), Blonde ray (Raja brachyura) (RJH/
2AC4-C), Spotted ray (Raja montagui) (RJM/2AC4-C) and Starry ray (Amblyraja radiata) (RJR/2AC4-C) shall be reported separately.
(2) By-catch quota. These species shall not comprise more than 25 % by live weight of the catch retained on board. This condition applies

only to vessels over 15 m length overall.

(3) Does not apply to Common skate (Dipturus batis). Catches of this species may not be retained on board and shall be promptly released
unharmed to the extent practicable. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and
safe release of the species.

26.1.2009

EN

Official Journal of the European Union

L 22/81

Species: Skates and rays
Rajidae

Zone:

EC waters of VIa-b and VIIa-c, e-k
(SRX/67AKXD)

Belgium

Estonia

France

Germany

Ireland

Lithuania

Netherlands

Portugal

Spain

United Kingdom

EC

TAC

1 422 (1) (2)

8 (1) (2)

6 383 (1) (2)

19 (1) (2)

2 055 (1) (2)

33

6 (1) (2)

35 (1) (2)

1 718 (1) (2)

4 070 (1) (2)

15 748 (1) (2)

15 748 (2)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Catches of Cuckoo ray (Leucoraja naevus)) (RJN/67AKXD), Thornback ray (Raja clavata) (RJC/67AKXD), Blonde ray (Raja brachyura) (RJH/
67AKXD), Spotted ray (Raja montagui) (RJM/67AKXD), Smalleyed ray (Raja microocellata) (RJE/67AKXD), Sandy ray (Leucoraja circularis)
(RJI/67AKXD) and Shagreen ray (Leucoraja fullonica) (RJF/67AKXD) shall be reported separately.

(2) Does not apply to Undulate ray (Raja undulata), Common skate (Dipturus batis), Norwegian skate (Raja (Dipturus) nidarosiensis) and White
skate (Rostroraja alba). Catches of these species may not be retained on board and shall be promptly released unharmed to the extent
practicable. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of the species.

Species: Skates and rays
Rajidae

Belgium

France

The Netherlands

United Kingdom

EC

TAC

94 (1) (2)

789 (1) (2)

5 (1) (2)

157 (1) (2)

1 044 (1) (2)

1 044 (2)

Zone:

EC waters of VIId
(SRX/07D)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Catches of Cuckoo ray (Leucoraja naevus) (RJN/07D.), Thornback ray (Raja clavata) (RJC/07D.), Blonde ray (Raja brachyura) (RJH/07D.),

Spotted ray (Raja montagui) (RJM/07D.) and Starry ray (Amblyraja radiata) (RJR/07D.) shall be reported separately.

(2) Does not apply to Common skate (Dipturus batis) and Undulate Ray (Raja undulate). Catches of this species may not be retained on board
and shall be promptly released unharmed to the extent practicable. Fishers shall be encouraged to develop and use techniques and
equipment to facilitate the rapid and safe release of the species.

L 22/82

EN

Official Journal of the European Union

26.1.2009

Species: Skates and rays
Rajidae

Zone:

EC waters of VIII and IX
(SRX/8910-C)

Belgium

France

Portugal

Spain

United Kingdom

EC

TAC

13 (1) (2)

2 435 (1) (2)

1 974 (1) (2)

1 986 (1) (2)

14 (1) (2)

6 423 (1) (2)

6 423 (2)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Catches of Cuckoo ray (Leucoraja naevus) (RJN/8910-C), Thornback ray (Raja clavata) (RJC/8910-C) shall be reported separately.
(2) Does not apply to Undulate ray (Raja undulata), Common skate (Dipturus batis) and White skate (Rostroraja alba). Catches of these species
may not be retained on board and shall be promptly released unharmed to the extent practicable. Fishers shall be encouraged to develop
and use techniques and equipment to facilitate the rapid and safe release of the species.

Species: Skates and rays
Rajidae

Zone:

EC waters of IIIa
(SRX/03-C.)

Denmark

Sweden

EC

TAC

53 (1) (2)

15 (1) (2)

68 (1) (2)

68 (2)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Catches of Cuckoo ray (Leucoraja naevus) (RJN/03-C.), Thornback ray (Raja clavata) (RJC/03-C.), Blonde ray (Raja brachyura) (RJH/03-C.),

Spotted ray (Raja montagui) (RJM/03-C.) and Starry ray (Amblyraja radiata) (RJR/03-C.) shall be reported separately.

(2) Does not apply to Common skate (Dipturus batis). Catches of this species may not be retained on board and shall be promptly released
unharmed to the extent practicable. Fishers shall be encouraged to develop and use techniques and equipment to facilitate the rapid and
safe release of the species.

26.1.2009

EN

Official Journal of the European Union

L 22/83

Species: Greenland Halibut

Reinhardtius hippoglossoides

Zone:

EC waters of IIa and IV; EC and international waters of VI
(GHL/2A-C46)

Denmark

Germany

Estonia

Spain

France

Ireland

Lithuania

Poland

4

7

4

4

69

4

4

4

United Kingdom

EC

TAC

270

720 (1)

Not relevant

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which 350 tonnes are allocated to Norway and are to be taken in the EC waters of ICES zones IIa and VI. In ICES zone VI this quantity

may only be fished with long-lines.

L 22/84

EN

Official Journal of the European Union

26.1.2009

Species: Mackerel

Scomber scombrus

Zone:

IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId
(MAC/2A34.)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

498

13 132

519

1 569

1 579

4 690 (1) (2)

1 463

23 450 (1)

12 300 (3)

511 287 (4)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Including 242 tonnes to be taken in Norwegian waters south of 62oN(MAC/*04N-).

(1)
(2) When fishing in Norwegian waters, by-catches of cod, haddock, Pollack and whiting and saithe shall be counted against the quotas for

this species.

(3) To be deducted from Norway's share of the TAC (access quota). This quota may be fished in zone IVa only, except for 3 000 tonnes that

may be fished in zone IIIa.

(4) TAC agreed by the EC, Norway and Faroe Islands for the northern area.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zones
specified:

IIIa

IIIa and IVbc

IVb

IVc

(MAC/*03A.)

(MAC/*3A4BC)

(MAC/*04B.)

(MAC/*04C.)

Denmark

France

The Netherlands

Sweden

United Kingdom

Norway

4 130

490

490

490

3 000

390

10

VI; international
waters of IIa from
1 January to
31 March 2009

(MAC/*2A6.)

4 020

26.1.2009

EN

Official Journal of the European Union

L 22/85

Species: Mackerel

Scomber scombrus

Zone:

VI, VII, VIIIa, VIIIb, VIIId and VIIIe; EC waters of Vb;
international waters of IIa, XII and XIV
(MAC/2CX14-)

Germany

Spain

Estonia

France

Ireland

Latvia

Lithuania

The Netherlands

Poland

United Kingdom

EC

Norway

Faroe Islands

TAC

19 821

20

165

13 216

66 070

122

122

28 905

1 396

181 694

311 531

12 300 (1)

4 798 (2)

511 287 (3)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) May be fished only in ICES zones IIa, VIa (north of 56o30'N), IVa, VIId, VIIe, VIIf and VIIh.
(2) May be fished in EC waters of ICES zones IVa north of 59oN from 1 January to 15 February and from 1 October to 31 December. A
quantity of 3 982 tonnes of the Faroe Islands' own quota may be fished in ICES zone VIa north of 56o30'N throughout the year.

(3) TAC agreed by the EC, Norway and Faroe Islands for the northern area.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified and only during the periods 1 January to 15 February and 1 October to 31 December.

Germany

France

Ireland

The Netherlands

United Kingdom

EC EC

EC waters of IVa

(MAC/*04A-C)

5 981

3 988

19 938

8 723

54 829

93 459

L 22/86

EN

Official Journal of the European Union

26.1.2009

Species: Mackerel

Scomber scombrus

Zone:

VIIIc, IX and X; EC waters of CECAF 34.1.1
(MAC/8C3411)

Spain

France

Portugal

EC

TAC

29 529 (1)

196 (1)

6 104 (1)

35 829

35 829

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Quantities subject to exchanges with other Member States may be taken in ICES zones VIIIa, VIIIb and VIIId (MAC/*8ABD). However, the
quantities provided by Spain, Portugal or France for exchange purposes and to be taken in VIIIa, VIIIb and VIIId shall not exceed 25 % of
the quotas of the donor Member State.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the ICES zone
specified:

Spain

France

Portugal

Species: Common sole

Solea solea

Denmark

Germany

The Netherlands

Sweden

EC

TAC

VIIIb

(MAC/*08B.)

2 480

16

513

671

39 (1)

65 (1)

25

800

800 (2)

Zone:

IIIa, EC waters of IIIb, IIIc and IIId
(SOL/3A/BCD)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.
(2) Of which no more than 750 tonnes may be fished in IIIa.

26.1.2009

EN

Official Journal of the European Union

L 22/87

Species: Common sole

Solea solea

Zone:

EC waters of II and IV
(SOL/24.)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

Norway

TAC

1 159

530

927

232

10 466

596

13 910

90 (1)

14 000

(1) May be fished only in zone IV.

Species: Common sole

Solea solea

Ireland

United Kingdom

EC

TAC

Species: Common sole

Solea solea

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

54

14

68

68

237

3

80

75

107

502

502

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VI; EC waters of Vb; international waters of XII and XIV
(SOL/561214)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIa
(SOL/07A.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/88

EN

Official Journal of the European Union

26.1.2009

Species: Common sole

Solea solea

Zone:

VIIb and VIIc
(SOL/7BC.)

France

Ireland

EC

TAC

Species: Common sole

Solea solea

Belgium

France

United Kingdom

EC

TAC

Species: Common sole

Solea solea

Belgium

France

United Kingdom

EC

TAC

10

40

50

50

1 420

2 840

1 014

5 274

5 274

23

245

382

650

650

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIId
(SOL/07D.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIe
(SOL/07E.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/89

Species: Common sole

Solea solea

Belgium

France

Ireland

United Kingdom

EC

TAC

Species: Common sole

Solea solea

Belgium

France

Ireland

The Netherlands

United Kingdom

EC

TAC

Species: Common sole

Solea solea

Belgium

Spain

France

The Netherlands

EC

TAC

621

62

31

279

993

993

46

92

249

74

92

553

553

54

10

4 024

302

4 390

4 390

Zone:

VIIf and VIIg
(SOL/7FG.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIh, VIIj, and VIIk
(SOL/7HJK.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

VIIIa and b
(SOL/8AB.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/90

EN

Official Journal of the European Union

26.1.2009

Species: Sole

Solea spp.

Spain

Portugal

EC

TAC

458

758

1 216

1 216

Zone:

VIIIc, VIIId, VIIIe, IX, X; EC waters of CECAF 34.1.1
(SOX/8CDE34)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Sprat

Sprattus sprattus

Zone:

IIIa
(SPR/03A.)

Denmark

Germany

Sweden

EC

TAC

34 843

73

13 184

48 100

52 000

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/91

Species: Sprat

Sprattus sprattus

Zone:

EC waters of IIa and IV
(SPR/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

Faroe Islands

TAC

1 729

136 826

1 729

1 729

1 729

1 330 (1)

5 705

150 777

10 000 (2)

9 160 (3) (4)

170 000 (5)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Including sandeel.

(1)
(2) May only be fished in EC waters of ICES zone IV.
(3) This quantity may be fished in ICES zone IV and zone VIa North of 56o30'N. Any by-catch of blue whiting shall be counted against the

blue whiting quota established for ICES zones VIa, VIb and VII.

(4) 1 832 tonnes can be caught as herring in fisheries using nets with mesh sizes less than 32 mm. If the quota of 1 832 tonnes of herring is

exhausted then all fisheries using nets with mesh sizes less than 32 mm is prohibited.
Preliminary TAC. The final TAC will be established in the light of new scientific advice during the first half of 2009.

(5)

Species: Sprat

Sprattus sprattus

Zone:

VIId and VIIe
(SPR/7DE.)

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

31

1 997

31

430

430

3 226

6 144

6 144

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/92

EN

Official Journal of the European Union

26.1.2009

Species: Spurdog/dogfish
Squalus acanthias

Zone:

EC waters of IIIa
(DGS/03A-C.)

Denmark

Sweden

EC

TAC

31 (1)

73 (1)

104 (1)

104 (1)

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) A maximum landing size of 100 cm (total length) shall be respected.

Species: Spurdog/dogfish
Squalus acanthias

Zone:

EC waters of IIa and IV
(DGS/2AC4-C)

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

4 (1)

26 (1)

5 (1)

8 (1)

7 (1)

0 (1)

216 (1)

266 (1)

50 (2)

316

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) A maximum landing size of 100 cm (total length) shall be respected.
(2)

Including catches taken with long-lines of tope shark (Galeorhinus galeus), kitefin shark (Dalatias licha), bird beak dogfish (Deania calceus),
leafscale gulper shark (Centrophorus squamosus), greater lantern shark (Etmopterus princeps), smooth lantern shark (Etmopterus spinax),
Portuguese dogfish (Centroscymnus coelolepis) and Spurdog (Squalus acanthias).

26.1.2009

EN

Official Journal of the European Union

L 22/93

Species: Spurdog/dogfish
Squalus acanthias

Zone:

EC and international waters of I, V, VI, VII, VIII, XII and XIV
(DGS/15X14)

Belgium

Germany

Spain

France

Ireland

The Netherlands

Portugal

United Kingdom

EC

TAC

73 (1)

16 (1)

38 (1)

309 (1)

195 (1)

1 (1)

2 (1)

368 (1)

1 002 (1)

1 002

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) A maximum landing size of 100 cm (total length) shall be respected.

Species: Horse mackerel

Trachurus spp.

Zone:

EC waters of IIa and IV
(JAX/2AC4-C)

Belgium

Denmark

Germany

France

Ireland

The Netherlands

Sweden

United Kingdom

EC

Norway

Faroe Islands

TAC

54

23 509

1 772

37

1 364

3 814

750

3 470

34 770

3 600 (1)

939 (2)

39 309

(1) May only be fished in EC waters of ICES zone IV.
(2) May be fished in ICES zones IV, VIa North of 56o30'N, VII e, VIIf and VIIh.

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/94

EN

Official Journal of the European Union

26.1.2009

Species: Horse mackerel

Trachurus spp.

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

United Kingdom

EC

Faroe Islands

TAC

15 056

12 035

16 435

7 952

39 179

57 415

1 591

16 276

165 939

4 061 (1)

170 000

Zone:

VI, VII and VIIIa, VIIIb, VIIId and VIIIe; EC waters of Vb;
international waters of XII and XIV
JAX/578/14

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) May be fished in ICES zone IV, VIa North of 56o30'N, VIIe, VIIf and VIIh.

Species: Horse mackerel

Trachurus spp.

Zone:

VIIIc and IX
(JAX/8C9.)

Spain

France

Portugal

EC

TAC

31 069 (1)

393 (1)

26 288 (1)

57 750

57 750

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which no more than 5 % may consist of horse mackerel between 12 and 14 cm, notwithstanding Article 19 of Regulation (EC)
No 850/98. For the purposes of the control of this quantity, the weight of the landings shall be affected by a coefficient of 1,2.

26.1.2009

EN

Official Journal of the European Union

L 22/95

Species: Horse mackerel

Trachurus spp.

Zone:

X; EC waters of CECAF (1)
(JAX/X34PRT)

Portugal

EC

TAC

3 200 (2)

3 200

3 200

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Waters adjacent to the Azores.
(2) Of which no more than 5 % may consist of horse mackerel between 12 and 14 cm, notwithstanding Article 19 of Regulation (EC)
No 850/98. For the purposes of the control of this quantity, the weight of the landings shall be affected by a coefficient of 1,2.

Species: Horse mackerel

Trachurus spp.

Zone:

EC waters of CECAF (1)
(JAX/341PRT)

Portugal

EC

TAC

1 280 (2)

1 280

1 280

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Waters adjacent to Madeira.
(2) Of which no more than 5 % may consist of horse mackerel between 12 and 14 cm, notwithstanding Article 19 of Regulation (EC)
No 850/98. For the purposes of the control of this quantity, the weight of the landings shall be affected by a coefficient of 1,2.

Species: Horse mackerel

Trachurus spp.

Zone:

EC waters of CECAF (1)
(JAX/341SPN)

Spain

EC

TAC

1 280

1 280

1 280

(1) Waters adjacent to the Canary Islands.

Precautionary TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/96

EN

Official Journal of the European Union

26.1.2009

Species: Norway pout

Trisopterus esmarki

Zone:

IIIa; EC waters of IIa and IV
(NOP/2A3A4.)

Denmark

Germany

The Netherlands

EC

Norway

TAC

26 226

5 (1)

19 (1)

26 250

1 000 (2)

Not relevant

(1) Quota may be fished in EC waters of ICES zones IIa, IIIa and IV only.
(2) This quota may be fished only in ICES IV and VIa North of 56o30'N.

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Norway pout

Trisopterus esmarki

Denmark

United Kingdom

EC

TAC

950 (1)

50 (1)

1 000 (1)

Not relevant

(1)

Including inextricably mixed horse mackerel.

Species: Industrial fish

Sweden

EC

TAC

800 (1) (2)

800

Not relevant

Zone:

Norwegian waters of IV
(NOP/4AB-N.)

Analytical TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Norwegian waters of IV
(I/F/4AB-N.)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catches of cod, haddock, pollack and whiting and saithe to be counted against the quotas for these species.
(2) Of which no more than 400 tonnes of horse mackerel.

26.1.2009

EN

Official Journal of the European Union

L 22/97

Species: Combined quota

Zone:

EC waters of Vb, VI and VII
(R/G/5B67-C)

EC

Norway

TAC

Not relevant

140 (1)

Not relevant

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Taken with long-lines only, including grenadiers, rat tails, Mora mora and greater fork beard.

Species: Other species

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

TAC

27

2 500

282

116

200

Not relevant (1)

1 875

5 000 (2)

Not relevant

Zone:

Norwegian waters of IV
(OTH/4AB-N.)

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Quota allocated by Norway to Sweden of ‘other species’ at a traditional level.
(2)

Including fisheries not specifically mentioned, exceptions may be introduced after consultations as appropriate.

Zone:

EC waters of IIa, IV and VIa north of 56o30'N
(OTH/2A46AN)

Species: Other species

EC

Norway

Faroe Islands

TAC

Not relevant

2 720 (1) (2)

150 (3)

Not relevant

(1)
(2)
(3)

Limited to ICES zones IIa and IV.
Including fisheries not specifically mentioned, exceptions may be introduced after consultations as appropriate.
Limited to by-catches of whitefish in ICES zones IV and VIa.

L 22/98

EN

Official Journal of the European Union

26.1.2009

ANNEX IB

NORTH EAST ATLANTIC AND GREENLAND

ICES zones I, II, V, XII, XIV and Greenland waters of NAFO 0 and 1

Species: Snow crab

Chionoecetes spp.

Zone:

Greenland waters of NAFO 0 and 1
(PCR/N01GRN)

Ireland

Spain

EC

TAC

62

437

500

Not relevant

Precautionary TAC
Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/99

Species: Herring

Clupea harengus

Zone:

EC and international waters of I and II
(HER/1/2.)

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Poland

Portugal

Finland

Sweden

United Kingdom

EC

Norway

TAC

37 (1)

36 647 (1)

6 418 (1)

121 (1)

1 581 (1)

9 487 (1)

13 115 (1)

1 855 (1)

121 (1)

567 (1)

13 580 (1)

23 430 (1)

106 959

96 263 (2)

1 643 000

Analytical TAC
Article 3 of Regulation (EC) No 847/96
applies.
Article 4 of Regulation (EC) No 847/96
applies.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) When reporting catches to the European Commission the quantities fished in each of the following areas shall also be reported: NEAFC
Regulatory Area, EC waters, Faroese waters, Norwegian waters, the fishery zone around Jan Mayen, the fishery protection zone around
Svalbard.

(2) Catches taken against this quota are to be deducted from Norway's share of the TAC (access quota). This quota may be fished in EC waters

north of 62o N.

Special conditions

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Norwegian waters north of 62o N
and the fishery zone around Jan
Mayen

(HER/*2AJMN)

33 (1)
32 982 (1)
5 776 (1)
109 (1)
1 423 (1)
8 539 (1)
11 803 (1)
1 669 (1)
109 (1)
511 (1)
12 222 (1)
21 087 (1)

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Poland

Portugal

Finland

Sweden

United Kingdom

(1) When the sum of the catches of all Member States have reached

96 263 tonnes no further catches shall be permitted.

L 22/100

EN

Official Journal of the European Union

26.1.2009

Species: Cod

Gadus morhua

Germany

Greece

Spain

Ireland

France

Portugal

United Kingdom

EC

TAC

2 335

289

2 605

289

2 143

2 605

9 058

19 324

525 000

Species: Cod

Gadus morhua

Germany

United Kingdom

EC

TAC

2 454 (1) (2)

546 (1) (2)

3 500 (1) (2) (3)

Not relevant

Zone:

Norwegian waters of I and II
(COD/1N2AB.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Greenland waters of NAFO 0 and 1; Greenland waters of V
and XIV
(COD/N01514)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) To be fished south of 61oN in West Greenland and south of 62oN in East Greenland.
(2) Vessels may be required to have a scientific observer on board.
(3) Of which 500 tonnes are allocated to Norway. May only be fished south of 62oN in XIV and Va and south of 61oN in NAFO 1.

26.1.2009

EN

Official Journal of the European Union

L 22/101

Species: Cod

Gadus morhua

Germany

Spain

France

Poland

Portugal

United Kingdom

All Member States

EC

TAC

3 476

8 984

1 483

1 628

1 897

2 226

100 (1)

19 793 (2)

525 000

Zone:

I and IIb
(COD/1/2B.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Except Germany, Spain, France, Poland, Portugal and the United Kingdom.

(1)
(2) The allocation of the share of the cod stock available to the Community in the zone Spitzbergen and Bear Island is entirely without

prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.

Species: Cod and haddock

Gadus morhua and Melanogrammus aeglefinus

Zone:

Faroese waters of Vb
(C/H/05B-F.)

Germany

France

United Kingdom

EC

TAC

10

60

430

500

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Atlantic halibut

Hippoglossus hippoglossus

Zone:

Greenland waters of V and XIV
(HAL/514GRN)

Portugal

EC

TAC

1 000 (1)

1 075 (2)

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) To be fished by no more than 6 Community demersal long-liners targeting Atlantic halibut. Catches of associated species to be counted

against this quota. Vessels may be required to have a scientific observer on board.

(2) Of which 75 tonnes to be fished only with long-lines, are allocated to Norway.

L 22/102

EN

Official Journal of the European Union

26.1.2009

Species: Atlantic halibut

Hippoglossus hippoglossus

Zone:

Greenland waters of NAFO 0 and 1
(HAL/N01GRN)

EC

TAC

75 (1)

Not relevant

(1) Of which 75 tonnes to be fished with long-lines, are allocated to Norway.

Species: Capelin

Mallotus villosus

EC

TAC

Species: Capelin

Mallotus villosus

All Member States

EC

TAC

0

0

0

0

Not relevant

Zone:

IIb
(CAP/02B.)

Zone:

Greenland waters of V and XIV
(CAP/514GRN)

Species: Haddock

Melanogrammus aeglefinus

Zone:

Norwegian waters of I and II
(HAD/1N2AB.)

Germany

France

United Kingdom

EC

TAC

535

322

1 643

2 500

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/103

Species: Blue whiting

Micromesistius poutassou

Zone:

Faroese waters
(WHB/2A4AXF)

Denmark

Germany

France

The Netherlands

United Kingdom

EC

TAC

1 320

90

144

126

1 320

3 000

590 000 (1)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) TAC agreed by the EC, Faroe Islands, Norway and Iceland.

Species: Ling and Blue ling

Molva molva and Molva dypterygia

Zone:

Faroese waters of Vb
(B/L/05B-F.)

Germany

France

United Kingdom

EC

TAC

898

1 992

175

3 065 (1)

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) By-catch of maximum of 1 080 tonnes of roundnose grenadier and black scabbard fish to be counted against this quota.

Species: Northern prawn
Pandalus borealis

Zone:

Greenland waters of V and XIV
(PRA/514GRN)

Denmark

France

EC

TAC

1 082

1 082

7 000 (1)

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which 3 500 tonnes are allocated to Norway and 1 335 tonnes to the Faroe Islands.

L 22/104

EN

Official Journal of the European Union

26.1.2009

Species: Northern prawn
Pandalus borealis

Zone:

Greenland waters of NAFO 0 and 1
(PRA/N01GRN)

Denmark

France

EC

TAC

2 000

2 000

4 000

Not relevant

Species: Saithe

Pollachius virens

Germany

France

United Kingdom

EC

TAC

2 400

386

214

3 000

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Norwegian waters of I and II
(POK/1N2AB.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Saithe

Pollachius virens

Zone:

International waters of I and II
(POK/1/2INT)

EC

TAC

0

Not relevant

Species: Saithe

Pollachius virens

Zone:

Faroese waters of Vb
(POK/05B-F.)

Belgium

Germany

France

The Netherlands

United Kingdom

EC

TAC

49

301

1 463

49

563

2 425

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

26.1.2009

EN

Official Journal of the European Union

L 22/105

Species: Greenland halibut

Reinhardtius hippoglossoides

Zone:

Norwegian waters of I and II
(GHL/1N2AB.)

Germany

United Kingdom

EC

TAC

25 (1)

25 (1)

50 (1)

Not relevant

(1) Only as by-catch.

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Greenland halibut

Reinhardtius hippoglossoides

Zone:

International waters of I and II
(GHL/1/2INT)

EC

TAC

0

Not relevant

Species: Greenland halibut

Reinhardtius hippoglossoides

Zone:

Greenland waters of V and XIV
(GHL/514GRN)

Germany

United Kingdom

EC

TAC

6 271

330

7 500 (1)

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which 824 tonnes are allocated to Norway and 75 tonnes are allocated to the Faroe Islands.

Species: Greenland halibut

Reinhardtius hippoglossoides

Zone:

Greenland waters of NAFO 0 and 1
(GHL/N01GRN)

Germany

EC

TAC

1 550

2 500 (1)

Not relevant

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Of which 800 tonnes are allocated to Norway and 150 tonnes are allocated to the Faroe Islands. To be fished in NAFO 1 only.

L 22/106

EN

Official Journal of the European Union

26.1.2009

Species:: Mackerel

Scomber scombrus

Zone:: Norwegian waters of IIa
(MAC/02A-N.)

Denmark

EC

TAC

12 300 (1)

12 300 (1)

511 287 (2)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) May also be fished in Norwegian waters of IV and in international waters of IIa (MAC/*4N-2A).
(2) TAC agreed by the EC, Norway and the Faroe Islands for the northern area.

Species: Mackerel

Scomber scombrus

Zone:

Faroese waters of Vb
(MAC/05B-F.)

Denmark

EC

TAC

3 982 (1)

3 982 (1)

511 287 (2)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) May be fished in EC waters of IVa (MAC/*04A.).
(2) TAC agreed by the EC, Norway and the Faroe Islands for the northern area.

Species: Redfish

Sebastes spp.

Estonia

Germany

Spain

France

Ireland

Latvia

The Netherlands

Poland

Portugal

United Kingdom

EC

TAC

Zone:

EC and international waters of V; international waters of
XII and XIV
(RED/51214.)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

0 (1)

To be established

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1)

Provisional quota pending the conclusions of fisheries consultations at NEAFC.

26.1.2009

EN

Official Journal of the European Union

L 22/107

Species: Redfish

Sebastes spp.

Germany

Spain

France

Portugal

United Kingdom

EC

TAC

(1) Only as by-catch.

Species: Redfish

Sebastes spp.

EC

TAC

766 (1)

95 (1)

84 (1)

405 (1)

150 (1)

1 500 (1)

Not relevant

Not relevant (1)

10 500

Zone:

Norwegian waters of I and II
(RED/1N2AB.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

International waters of I and II
(RED/1/2INT)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) The fishery will only take place within the period 15 August to 15 November 2009. The fishery will be closed when the TAC is fully

utilised by NEAFC Contracting Parties.

Species: Redfish

Sebastes spp.

Germany

France

United Kingdom

EC

TAC

0 (1) (2)

0 (1) (2)

0 (1) (2)

0 (1) (2) (3)

To be established

Zone:

Greenland waters of V and XIV
(RED/514GRN)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Provisional quota pending the conclusions of fisheries consultations in NEAFC and subsequently with Greenland.

(1)
(2) May only be fished by pelagic trawl. May be fished East or West.
(3) Of which pm tonnes are allocated to Norway and pm tonnes are allocated to the Faroe Islands.

L 22/108

EN

Official Journal of the European Union

26.1.2009

Species: Redfish

Sebastes spp.

Belgium

Germany

France

United Kingdom

EC

TAC

0 (1) (2) (3)

0 (1) (2) (3)

0 (1) (2) (3)

0 (1) (2) (3)

0 (1) (2) (3)

Not relevant

Zone:

Icelandic waters of Va
(RED/05A-IS)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Including unavoidable by-catches (cod not allowed).

(1)
(2) To be fished between July and December.
(3)

Provisional quota pending the conclusions of fisheries consultations with Iceland for 2009.

Species: Redfish

Sebastes spp.

Belgium

Germany

France

United Kingdom

EC

TAC

11

1 473

99

17

1 600

Not relevant

Zone:

Faroese waters Vb
(RED/05B-F.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: By-catches

EC

TAC

2 300 (1) (2)

Not relevant

Zone:

Greenland waters of NAFO 0 and 1
(XBC/N01GRN)

(1) By-catches are defined as any catches of species not covered by the vessel's target species indicated on the fishing authorisation. May be

fished East or West.

(2) Of which 120 tonnes of roundnose grenadier are allocated to Norway. To be fished in V, XIV and NAFO 1 only.

26.1.2009

EN

Official Journal of the European Union

L 22/109

Species: Other species (1)

Germany

France

United Kingdom

EC

TAC

117 (1)

47 (1)

186 (1)

350 (1)

Not relevant

(1) Only as by-catch.

Species: Other species (1)

Germany

France

United Kingdom

EC

TAC

305

275

180

760

Not relevant

(1)

Excluding fish species of no commercial value.

Species: Flatfish

Germany

France

United Kingdom

EC

TAC

54

42

204

300

Not relevant

Zone:

Norwegian waters of I and II
(OTH/1N2AB.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Faroese waters of Vb
(OTH/05B-F.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

Faroese waters of Vb
(FLX/05B-F.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/110

EN

Official Journal of the European Union

26.1.2009

ANNEX IC

NORTH WEST ATLANTIC

Area of NAFO

All TACs and associate conditions are adopted in the framework of NAFO.

Species: Cod

Gadus morhua

EC

TAC

0 (1)

0 (1)

Zone:

NAFO 2J3KL
(COD/N2J3KL)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) 1386/2007.

Species: Cod

Gadus morhua

EC

TAC

0 (1)

0 (1)

Zone:

NAFO 3NO
(COD/N3NO.)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) No 1386/2007.

Species: Cod

Gadus morhua

EC

TAC

0 (1)

0 (1)

Zone:

NAFO 3M
(COD/N3M.)

(1) There will be no direct fishing on this species, which will be caught only as by-catch. By-catches shall be limited to 10 % per haul and an

8 % limit on landings.

Species: Witch flounder

Glyptocephalus cynoglossus

Zone:

NAFO 2J3KL
(WIT/N2J3KL)

EC

TAC

0 (1)

0 (1)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) No1386/2007.

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Species: Witch flounder

Glyptocephalus cynoglossus

Zone:

NAFO 3NO
(WIT/N3NO.)

EC

TAC

0 (1)

0 (1)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) No 1386/2007.

Species: American plaice

Hippoglossoides platessoides

Zone:

NAFO 3M
(PLA/N3M.)

EC

TAC

0 (1)

0 (1)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) No 1386/2007.

Species: American plaice

Hippoglossoides platessoides

Zone:

NAFO 3LNO
(PLA/N3LNO.)

EC

TAC

0 (1)

0 (1)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) No 1386/2007.

Species: Short fin squid
Illex illecebrosus

Zone:

NAFO sub-zones 3 and 4
(SQI/N34.)

Estonia

Latvia

Lithuania

Poland

EC

TAC

128 (1)

128 (1)

128 (1)

128 (1)

(1) (2)

34 000

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) To be fished between 1 July and 31 December.
(2) No specified Community share, an amount of 29 467 tonnes is available to Canada and the EC Member States except Estonia, Latvia,

Lithuania and Poland.

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Official Journal of the European Union

26.1.2009

Species: Yellowtail flounder
Limanda ferruginea

Zone:

NAFO 3LNO
(YEL/N3LNO.)

EC

TAC

0 (1) (2)

17 000

(1) Despite having access to a shared quota of 85 tonnes for the Community, it is decided to set this amount to 0. There will be no direct
fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation (EC) No 1386/2007.
(2) Catches taken by vessels under this quota shall be reported to the Flag Member State and forwarded to the Executive Secretary of NAFO

via the Commission at 48 hour intervals.

Species: Capelin

Mallotus villosus

EC

TAC

0 (1)

0 (1)

Zone:

NAFO 3NO
(CAP/N3NO.)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(2) of Regulation

(EC) No 1386/2007.

Species: Northern prawn
Pandalus borealis

Zone:

NAFO 3L (1)
(PRA/N3L.)

Estonia

Latvia

Lithuania

Poland

EC

TAC

334

334

334

334

334 (2)

30 000

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) Not including the box bounded by the following coordinates:

Point No

Latitude N

Longitude W

1

2

3

4

47o20'0

47o20'0

46o00'0

46o00'0

46o40'0

46o30'0

46o30'0

46o40'0

(2) All Member States except Estonia, Latvia, Lithuania and Poland.

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L 22/113

Species: Northern prawn
Pandalus borealis

Zone:

NAFO 3M (1)
(PRA/*N3M.)

TAC

not relevant (2)

(1) Vessels may also fish this stock in Division 3L in the box bounded by the following coordinates:

Point No

Latitude N

Longitude W

1

2

3

4

47o20'0

47o20'0

46o00'0

46o00'0

46o40'0

46o30'0

46o30'0

46o40'0

Moreover, fishing for shrimp shall be prohibited from 1 June to 31 December 2009 in the area bounded by the following coordinates:

Point No

Latitude N

Longitude W

1

2

3

4

5

6

7

47o55'0
47o30'0
46o55'0
46o35'0
46o35'0
47o30'0
47o55'0

45o00'0
44o15'0
44o15'0
44o30'0
45o40'0
45o40'0
45o00'0

(2) Not relevant. Fishery managed by limitations in fishing effort. The Member States concerned shall issue special fishing permits for their
fishing vessels engaging in this fishery, and shall notify those permits to the Commission prior to the commencement of the vessel's
activity, in accordance with Regulation (EC) No 1627/94. By way of derogation from Article 8 of that Regulation, permits will only
become valid if the Commission has not objected within five working days following the notification.

Member State

Maximum number of vessels Maximum number of fishing

days

Denmark

Estonia

Spain

Latvia

Lithuania

Poland

Portugal

2

8

10

4

7

1

1

131

1 667

257

490

579

100

69

Each Member State shall, within 25 days following the calendar month in which the catches are made, report monthly to the
Commission the number of fishing days and the catches made in Division 3M and in the area defined in footnote (1).

Species: Greenland halibut

Reinhardtius hippoglossoides

Zone:

NAFO 3LMNO
(GHL/N3LMNO)

Estonia

Germany

Latvia

Lithuania

Spain

Portugal

EC

TAC

321,3

328

45,1

22,6

4 396,5

1 837,5

6 951

11 856

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

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26.1.2009

Species: Skate

Rajidae

Spain

Portugal

Estonia

Lithuania

EC

TAC

6 561

1 274

546

119

8 500

13 500

Zone:

NAFO 3LNO
(SRX/N3LNO.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Species: Redfish

Sebastes spp.

EC

TAC

0 (1)

0 (1)

Zone:

NAFO 3LN
(RED/N3LN.)

(1) There will be no direct fishing on this species, which will be caught only as by-catch within the limits defined in Article 4(1) of Regulation

(EC) No 1386/2007.

Species: Redfish

Sebastes spp.

Zone:

NAFO 3M
(RED/N3M.)

Estonia

Germany

Spain

Latvia

Lithuania

Portugal

EC

TAC

1 571 (1)

513 (1)

233 (1)

1 571 (1)

1 571 (1)

2 354 (1)

7 813 (1)

8 500 (1)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

(1) This quota is subject to compliance with the TAC of 8500 tonnes established for this stock for all NAFO Contracting Parties. Upon

exhaustion of the TAC, the directed fishery for this stock shall be stopped irrespective of the level of catches.

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Official Journal of the European Union

L 22/115

Species: Redfish

Sebastes spp.

Zone:

NAFO 3O
(RED/N3O.)

Spain

Portugal

EC

TAC

Species: Redfish

Sebastes spp.

Latvia

Lithuania

TAC

Species: White hake

Urophycis tenuis

Spain

Portugal

EC

TAC

1 771

5 229

7 000

20 000

269

2 234

2 503

2 165

2 835

5 000

8 500

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

Zone:

NAFO Subarea 2, Divisions IF and 3K
(RED/N1F3K.)

Zone:

NAFO 3NO
(HKW/N3NO.)

Article 3 of Regulation (EC) No 847/96 does
not apply.
Article 4 of Regulation (EC) No 847/96 does
not apply.
Article 5(2) of Regulation (EC) No 847/96
applies.

L 22/116

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Official Journal of the European Union

26.1.2009

ANNEX ID

HIGHLY MIGRATORY FISH — All areas

TACs in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and
IATTC.

Zone:

Atlantic Ocean, east of longitude 45o W, and Mediter-
ranean
(BFT/AE045W)

Species: Bluefin tuna

Thunnus thynnus

Cyprus

Greece

Spain

France

Italy

Malta

Portugal

All Member States

EC

TAC

114,37

212,35

4 116,53

3 591,11

3 176,10

262,92

387,3

45,92 (1)

11 906,60

22 000

(1)

Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.

Zone:

Atlantic Ocean, north of latitude 5o N
(SWO/AN05N)

Species: Swordfish

Xiphias gladius

Spain

Portugal

All Member States

EC

TAC

6 573,9

1 439,5

218,7 (1)

8 232

14 000

(1)

Except Spain and Portugal, and only as by-catch.

Species: Swordfish

Xiphias gladius

Zone:

Atlantic Ocean, south of latitude 5o N
(SWO/AS05N)

Spain

Portugal

EC

TAC

5 385

332

5 717

17 000

26.1.2009

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Official Journal of the European Union

L 22/117

Species: Northern albacore

Germo alalunga

Zone:

Atlantic Ocean, north of latitude 5o N
(ALB/AN05N)

Ireland

Spain

France

United Kingdom

Portugal

EC

TAC

6 696,0 (1)

20 082,1 (1)

6 522,4 (1)

555,3 (1)

4 337,1 (1)

38 193 (2)

30 200

(1) The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to

fish for Northern Albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007:

Member State

Maximum number of vessels

Ireland

Spain

France

United Kingdom

Portugal

EC

50

730

151

12

310

1 253

(2) The number of Community vessels fishing for Northern Albacore as a target species is fixed to 1 253 vessels in accordance with

Article 12 of Regulation (EC) No 520/2007.

Species: Southern albacore

Germo alalunga

Zone:

Atlantic Ocean, south of latitude 5o N
(ALB/AS05N)

Spain

France

Portugal

EC

TAC

Species: Bigeye Tuna

Thunnus obesus

Spain

France

Portugal

EC

TAC

943,7

311,0

660,0

1 914,7

29 900

17 093,6

8 055,4

6 051

31 200

90 000

Zone:

Atlantic Ocean
(BET/ATLANT)

L 22/118

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Official Journal of the European Union

26.1.2009

Species: Blue marlin

Makaira nigricans

Zone:

Atlantic Ocean
(BUM/ATLANT)

EC

TAC

103

Not relevant

Species: White marlin

Tetrapturus alba

Zone::

Atlantic Ocean
(WHM/ATLANT)

EC

TAC

46,5

Not relevant

26.1.2009

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Official Journal of the European Union

L 22/119

ANNEX IE

ANTARCTIC

Area of CCAMLR

These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is
undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to
TAC exhaustion.

Species: Antarctic icefish

Champsocephalus gunnari

Zone:

FAO 48.3 Antarctic
(ANI/F483.)

TAC
(1)

3 834

Species: Antarctic icefish

Champsocephalus gunnari

Zone:

FAO 58.5.2 Antarctic (1)
(ANI/F5852.)

TAC

102 (2)

(1)

For the purpose of this TAC, the area open to the fishery is defined as that portion of FAO statistical division 58.5.2 that lies within the
area enclosed by a line:
(a)

starting at the point where the meridian of longitude 72o15'E intersects the Australia-France Maritime Delimitation Agreement
Boundary then south along the meridian to its intersection with the parallel of latitude 53o25'S;
then east along that parallel to its intersection with the meridian of longitude 74oE;
then northeasterly along the geodesic to the intersection of the parallel of latitude 52o40'S and the meridian of longitude 76oE;
then north along the meridian to its intersection with the parallel of latitude 52oS;
then northwesterly along the geodesic to the intersection of the parallel of latitude 51oS with the meridian of longitude 74o30'E;
and
then southwesterly along the geodesic to the point of commencement.
(2) This TAC shall be applicable for the period 1 December 2008 to 30 November 2009.

(b)
(c)
(d)
(e)

(f)

Species: Antarctic toothfish

Dissostichus eleginoides

TAC

Special conditions

3 920 (1)

Zone:

FAO 48.3 Antarctic
(TOP/F483.)

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas
specified:

Management Area A: 48 W to
43 30 W — 52 30 S to 56 S
(TOP/*F483A)

Management Area B: 43 30 W
to 40 W — 52 30 S to 56 S
(TOP/*F483B)

Management Area C: 40 W to
33 30 W — 52 30 S to 56 S
(TOP/*F483C)

0

1 176

2 744

(1) This TAC shall be applicable for long-line fishery in the period 1 May to 31 August 2009 and for pot fishery 1 December 2008 to

30 November 2009.

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26.1.2009

Species: Antarctic toothfish

Dissostichus eleginoides

Zone:

FAO 48.4 Antarctic
(TOP/F484.)

TAC

75

Species: Antarctic toothfish

Dissostichus eleginoides

Zone:

FAO 58.5.2 Antarctic
(TOP/F5852.)

TAC

2 500 (1)

(1) This TAC is applicable for West of 79o20'E only. Fishing east of this meridian within this zone is prohibited (see Annex IX).

Species: Krill

Euphausia superba

Zone:

FAO 48
(KRI/F48.)

TAC

3 470 000 (1)

(1) This TAC shall be applicable for the period 1 December 2008 to 30 November 2009.

Species: Krill

Euphausia superba

TAC

Special conditions

440 000 (1)

Zone:

FAO 58.4.1 Antarctic
(KRI/F5841.)

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas
specified:

Division 58.4.1 West of 115o E
(KRI/*F-41W)

Division 58.4.1 East of 115o E
(KRI/*F-41E)

277 000

163 000

(1) This TAC shall be applicable for the period 1 December 2008 to 30 November 2009.

Species: Krill

Euphausia superba

Zone:

FAO 58.4.2 Antarctic
(KRI/F5842.)

TAC

2 645 000 (1)

Special conditions

Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the Subareas
specified:

Division 58.4.2 West

1 448 000

Division 58.4.2 East of 55o E

1 080 000

(1) This TAC shall be applicable for the period 1 December 2008 to 30 November 2009.

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L 22/121

Species: Grey rockcod

Lepidonotothen squamifrons

Zone:

FAO 58.5.2 Antarctic
(NOS/F5852.)

TAC

80

Species: Crab

Paralomis spp.

Zone:

FAO 48.3 Antarctic
(PAI/F483.)

TAC

1 600 (1)

(1) This TAC shall be applicable for the period 1 December 2008 to 30 November 2009.

Species: Grenadier

Macrourus spp.

Zone:

FAO 58.5.2 Antarctic
(GRV/F5852.)

TAC

360

Species: Other species

Zone:

FAO 58.5.2 Antarctic
(OTH/F5852.)

TAC

50

Species: Skates and rays
Rajidae

Zone:

FAO 58.5.2 Antarctic
(SRX/F5852.)

TAC

120

Species: Squid

Martialia hyadesi

Zone:

FAO 48.3 Antarctic
(SQS/F483.)

TAC

2 500 (1)

(1) This TAC is applicable for the period 1 December 2008 to 30 November 2009.

L 22/122

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Official Journal of the European Union

26.1.2009

ANNEX IF

SOUTH-EAST ATLANTIC OCEAN

Area of SEAFO

These TACs, are not allocated to the members of SEAFO and hence the Community share is undetermined. Catches are
monitored by the Secretariat of SEAFO, who will communicate when fishing must cease due to TAC exhaustion.

Species: Alfonsinos
Beryx spp.

TAC

Species: Deep-sea Red Crab

Chaceon spp.

TAC

200

200

Zone:

SEAFO
(ALF/SEAFO)

Zone:

SEAFO Sub Division B1 (1)
(CRR/F47NAM)

(1)

For the purpose of this TAC, the area open to the fishery is defined as having:
— its western boundary on the 0o E longitude,
— its northern boundary on the latitude 20oS,
— its southern boundary on the latitude 28o S, and
— the eastern boundary outer limits of the Namibian EEZ.

Species: Deep-sea Red Crab

(Chaceon spp.)

TAC

Species: Patagonian Toothfish
Dissostichus eleginoides

TAC

Species: Orange roughy

Hoplostethus atlanticus

TAC

200

260

100

Zone:

SEAFO, excluding Sub Division B1
(CRR/F47X)

Zone:

SEAFO
(TOP/SEAFO)

Zone:

SEAFO
(ORY/SEAFO)

26.1.2009

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Official Journal of the European Union

L 22/123

ANNEX IG

SOUTHERN BLUEFIN TUNA — ALL AREAS

Species: Southern Bluefin Tuna

Thunnus Maccoyii

Zone:

All areas
(SBF/F41-81)

EC

TAC

10 (1)

11 810

(1)

Exclusively for by-catches. No directed fisheries are permitted under this quota.

L 22/124

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Official Journal of the European Union

26.1.2009

ANNEX II

ANNEX IIA

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES
IIIa, IV, VIa, VIIa, VIId, AND EC WATERS OF ICES ZONES IIa AND Vb

1.

Scope

GENERAL PROVISIONS

1.1.

This Annex shall apply to Community vessels carrying on board any of the gears defined in point 4 and present in
ICES zones IIIa, IV, VIa, VIIa, VIId, and EC waters of ICES zones IIa and Vb.

1.2.

This Annex shall not apply to vessels with a length overall of less than 10 metres. These vessels shall not be required
to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. The Member
State concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using
appropriate sampling methods. In 2009, the Commission shall seek scientific advice for evaluating the development
of effort deployment of those vessels, with a view to those vessels' future inclusion into the effort regime.

2.

Definitions

For the purposes of this Annex:

(a)

‘effort group’ means a management unit of a Member State for which a maximum allowable fishing effort is set.
It is defined by a gear grouping as defined in point 4 and an area as defined in point 3;

(b)

‘2009 management period’ means the period from 1 February 2009 to 31 January 2010;

(c)

‘regulated gear’ means a gear referred to in point 4;

(d)

‘unregulated gear’ means a gear not referred to in point 4.

3.

Geographical areas

For the purposes of this Annex the following geographical areas shall apply:

(a)

Kattegat;

(b)

(i)

Skagerrak,

(ii)

that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zone IV, and EC waters of
ICES zone IIa,

(iii)

ICES zone VIId;

(c)

ICES zone VIIa;

(d)

ICES zone VIa and EC waters of ICES zone Vb.

4.

Regulated gears

For the purpose of this Annex, the following groupings of fishing gears shall apply (regulated gears):

Bottom trawls, Danish seines and similar towed gear, excluding beam trawls, of mesh size:

TR1
TR2
TR3

equal to or larger than 100 mm;
equal to or larger than 70 mm and less than 100 mm;
equal to or larger than 16 mm and less than 32 mm;

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Beam trawls of mesh size:

BT1
BT2

equal to or larger than 120 mm;
equal to or larger than 80 mm and less than 120 mm;

Gill nets and entangling nets, excluding trammel nets (GN1);

Trammel nets (GT1);

Longlines (LL1).

5.

Calculation of fishing effort

Fishing effort shall be calculated as the product of the capacity and the activity of a fishing vessel. The fishing effort
deployed by a group of vessels in an area shall be calculated as the sum of the products of kilowatt-values for each
vessel and the number of days that each vessel has been present in the area.

The capacity of a vessel shall be measured in kilowatt and shall be the engine power of the vessel in accordance with
Article 5 of Regulation (EC) No 2930/86, a value to which must be identical the value that the Member State the flag
of which the vessel is flying has notified to the Community fishing fleet register.

The activity of a vessel shall be measured in days present within a geographical area referred to in point 3. A day
present within an area shall be calculated as any continuous period of 24 hours (or part thereof) during which a vessel
is present within any geographical area defined in point 3 and absent from port. The time from which the continuous
period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned, provided that
the Member State determines the start of the period in a consistent manner for each grouping of gears during a
management period. In case that the vessel is present in the same area within a period of 24 hours for several times,
the presence shall count as one day only.

6

Maximum allowable fishing effort

FISHING EFFORT LIMITATIONS

6.1.

For each of the effort groups of each Member State the maximum allowable fishing effort for the 2009 management
period is set out in Appendix 1.

6.2.

The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 shall not affect
the maximum allowable fishing effort set in this annex.

7.

Variation in maximum allowable fishing effort as referred to in point 6.1

7.1. Where a Member State has increased the fishing effort concerning fishing activities of one or more vessels that use a
highly selective gear in accordance with point (a) of Article 13(2) of Regulation (EC) No 1342/2008 or engage in cod-
avoiding activities in accordance with points (b), (c) or (d) of Article 13(2) of that Regulation in order to offset effort
adjustments that would have applied to those vessels in accordance with Article 12(4) of that Regulation, the
maximum allowable fishing effort shall be increased for those effort groups to which the concerned activity of those
vessels belongs, by the amount necessary to offset the effort adjustment for that activity.

7.2. Where a transfer of effort has taken place from a Member State to another Member State in accordance with
Article 20(5) of Regulation (EC) No 2371/2002, the corresponding maximum allowable fishing effort shall be
adapted for the donor and the receiving effort group or groups that are concerned by the exchange. Where the
receiving Member State does not dispose of a corresponding effort group, the effort received shall be allocated to one
or several new effort groups. The maximum allowable effort for those new groups shall be equal to the amount of
effort received.

7.3.

The maximum allowable fishing effort shall be adapted according to reallocations and/or deductions made pursuant
to Article 23(4) of Regulation (EC) No 2371/2002 and Articles 21(4), 23(1) and 32(2) of Regulation (EEC)
No 2847/93.

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7.4. Where a Member State has reconstituted effort in accordance with Article 16(2) of Regulation (EC) No 1342/2008,
the maximum allowable fishing effort shall be increased by the fishing effort needed in the effort groups in which the
recovered fishing quota will be fished, and the maximum allowable fishing effort of the Member State which has
returned the fishing quota shall be reduced in its effort groups reflecting the extent to which these effort groups have
less quota available for fishing, unless the Member State returning the quota had not used the corresponding effort
for establishing effort baselines.

7.5. Where a transfer of effort from one effort group to another has taken place within a Member State in accordance with
Article 16(3) or Article 17 of Regulation (EC) No 1342/2008, the maximum allowable fishing effort for the donor
effort group and the receiving effort group shall be adapted accordingly.

7.6. Amendments to the composition of effort groups decided by the Commission on the basis of Article 31 of
Regulation (EC) No 1342/2008 may include adaptations of the maximum allowable fishing effort. Such adaptations
shall not go beyond what is required to reflect the changes undertaken in the effort groups' composition.

8.

Allocation of fishing effort

8.1. Member States shall regulate the activity of their vessels concerned by allocating fishing effort to them.

8.2.

If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it
shall not permit fishing in any of the geographical areas to which this Annex applies with a regulated gear by any of
its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in
kilowatts, is prevented from fishing in the regulated area.

8.3. A Member State may establish management periods at its discretion for allocating all or parts of the maximum
allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel
may be present within the area during a management period shall be fixed at the discretion of the Member State
concerned. During any such management periods, the Member State may reallocate effort between individual vessels
or groups of vessels.

8.4.

In case that a Member State authorises vessels to be present within an area by hours, the Member State shall continue
measuring the consumption of days as specified in point 5. Upon request by the Commission, the Member State shall
demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a
vessel terminating presences in the area before the end of a 24-hour period.

9.

General rule

9.1.

Fishing effort deployed by a Community fishing vessel shall be counted by the Member State the flag of which the
vessel is flying against the maximum allowable fishing effort for the effort group of the Member State when:

(a)

the vessel carries on board a gear that is included in the gear grouping of the effort group and

(b)

the vessel is present in the area of the effort group.

9.2. Where a vessel crosses between two or more areas on a fishing trip, the day shall be counted against the area in which

the largest proportion of time was spent during that day.

10. Notification of fishing gear

10.1. Before the first day of each management period the master of a vessel or his representative shall notify to the
authorities of the flag Member State which gear or gears he intends to use during the forthcoming management
period. Until such notification is provided the vessel shall not be entitled to fish within the areas defined in point 3
with any of the regulated gears referred to in point 4.

10.2. The use of more than one fishing gear during a fishing trip needs prior authorisation by the flag Member State. When
the authorisation has been given, the fishing effort deployed during that trip shall be counted simultaneously for each
of the gears against all the maximum allowable fishing effort concerned. For gears belonging to the same effort
group, the fishing effort deployed during that trip shall be counted for one fishing gear only.

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10.3. A vessel wishing to combine the use of one or more of a regulated gear with any other fishing gear shall not be
restricted in the use of the unregulated gear in the areas for which it has a special fishing permit. Such vessels must
pre-notify when the regulated gear or gears are to be used. When no such notification has been given, all effort
deployed by the vessel shall be counted against the maximum allowable fishing effort of the effort group to which the
regulated gear or gears belong.

11.

Exemptions

11.1. A Member State may not count against any maximum allowable fishing effort the activity of a vessel that is in transit
across the area, provided that it has no special fishing permit to operate in the area or it has first notified its
authorities of its intention to transit. While the vessel is within the area any fishing gears carried on board must be
lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EC) No 2847/93.

11.2. A Member State may not count against any maximum allowable fishing effort the activity of a vessel undertaking
non-fishing related activities, provided that the vessel first notifies its flag Member State of its intention to do so, the
nature of its activity and that it surrenders its special fishing permit for that time. Such vessels shall not carry any
fishing gear or fish on board during that time.

11.3. A Member State may decide not to count against any maximum allowable fishing effort the activity of a vessel which
has been present in the area concerned but was unable to fish because it was assisting another vessel in need of
emergency aid or because it was transporting an injured person for emergency medical aid. Within one month after
taking that decision, the flag Member State shall inform the Commission and provide evidence of the emergency
supplied.

MONITORING OF FISHING EFFORT DEPLOYMENT

12. Management of effort consumption

12.1. Member States shall regulate the activity of their vessels concerned by monitoring fishing effort and by taking
appropriate action, such as by closing the fishing for an effort group, to ensure that none of the maximum allowable
fishing effort is exceeded.

12.2. Vessels using gears belonging to the grouping of fishing gears referred to in point 4 and fishing in an area defined in
point 3 shall hold a special fishing permit for that area issued in accordance with Article 7 of Regulation (EC)
No 1627/94.

12.3.

In any given management period, a vessel that has exhausted the effort for which it is eligible shall remain in port or
out of any of the areas in point 3 for the remainder of the management period unless using only unregulated gears or
receiving an additional effort allocation.

13.

Fishing effort messages

13.1. Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board a
regulated gear and operating in an area to which this Annex applies. The fishing area referred to in those provisions
shall be understood, for the purpose of cod management, as each of the areas (a), (b), (c) and (d) mentioned in point 3
of this Annex and for the purpose of sole and plaice management, as ICES zone IV. In addition to the communication
means listed in Article 19c of that Regulation, other secure electronic means may also be used. The reporting
requirements laid down in Article 19b(1) of that Regulation shall be deemed to be fulfilled by those vessels using
VMS or using an electronic logbook in accordance with Regulation (EC) No 1077/2008.

13.2. Member States may implement, in accordance with Member States concerned by the fishing activity of the former's
vessels, alternative control measures to ensure compliance with effort reporting obligations. These measures shall be
as effective and transparent as the reporting obligations laid down in Article 19c(2) of Regulation (EEC) No 2847/93
and shall be notified to the Commission before being implemented.

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14.

Collection of relevant data

REPORTING OBLIGATIONS

Member States shall record in electronic form the fishing effort allocated and fishing effort deployed by effort groups.

15.

Communication of relevant data

15.1. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing
vessels in the previous month and the months before, using the reporting format set out in Appendix 2.

15.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the
Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the
Commission) will become operational, the Member State shall transmit the data to the system before the 15th of each
month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member
States the date at which the system shall be used for transmission at least two months in advance of the first due date.
The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February
2009. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their
fishing vessels during the month of January 2009.

15.3. A new format or communication frequency for making the data referred to in point 14 available to the Commission
may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

15.4. A format and specific communication obligation concerning lists of vessels holding a special fishing permit in
accordance with Article 14(2) of Regulation (EC) No 1342/2008 may be adopted in accordance with the procedure
laid down in Article 30(2) of Regulation (EC) No 2371/2002.

15.5. A format and specific communication obligation concerning variations to maximum allowable fishing effort referred
to in point 7 may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC)
No 2371/2002.

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Appendix 1 to Annex IIa

Maximum allowable fishing effort in kilowatt days

(a)

(b)

(c)

Area: see point 3

Regulated gear: see point 4

DK

DE

SE

TR1

TR2

TR3

BT1

BT2

GN1

GT1

LL1

212 768

2 070 883

427 760

0

0

101 048

18 684

140

3 854

16 611

0

0

0

27 454

0

0

16 609

887 399

55 853

0

0

13 155

22 130

25 339

Area: see
point 3

Regulated
gear: see
point 4

BE

DK

DE

FR

IE

NL

SE

UK

TR1

TR2

TR3

BT1

BT2

GN1

GT1

LL1

498

6 911 144

2 226 533

2 553 909

261

405 985

286 779

10 295 134

318 363

6 061 661

600 089

11 117 483

18 801

1 062 247

1 536 025

8 165 956

0

3 920 732

3 501

107 041

1 368 632

1 316 589

29 822

0

6 468 447

106 658

1 893 044

829 504

126 850

1 962 340

227 773

222 598

0

0

198 783

516

2 374 073

44 283

0

71 448

0

0

0

0

0

0

15 886

263 772

5 824

1 365 348

33 633 978

0

0

1 739 759

5 970 903

147 373

80 781

549 863

0

0

53 078

11 027

110 468

97 687

Area: see point 3

Regulated gear: see
point 4

BE

FR

IE

UK

TR1

TR2

TR3

BT1

BT2

GN1

GT1

LL1

0

26 622

0

0

1 505 253

0

0

0

184 952

79 246

805 253

735

1 120 977

2 602 936

0

0

0

210

0

0

9 646

0

507 923

24 713

0

62

1 588

0

0

4 412

158

52 067

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Area: see point 3

Regulated gear:
see point 4

BE

DE

ES

FR

IE

UK

(d)

TR1

TR2

TR3

BT1

BT2

GN1

GT1

LL1

0

442

0

0

10 361

0

0

0

25 075

590 583

3 398 102

310 005

2 398 481

5 881

481 938

3 899 614

0

0

0

0

0

0

0

0

35 531

13 836

0

0

0

0

506

11 692

96 903

0

21 327

29 844

0

117 544

3 914

6 400

1 946

1 013

0

162 857

145

532 228

1 402 142

54 917

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Appendix 2 to Annex IIa

Table II

Reporting format

Country

(1)

Gear

(2)

Area

(3)

Year

(4)

Month

(5)

Cumulative declar-
ation

(6)

Table III

Data format

Name of field

Maximum number of
characters/digits

Alignment (*)
L(eft)/R(ight)

Definition and Comments

(1) Country

(2) Gear

(3) Area

(4) Year

(5) Month

3

3

8

4

2

(6) Cumulative declar-

13

ation

—

—

L

—

—

R

Member State (Alpha-3 ISO code) in which
vessel is registered

one of the following gear types
TR1
TR2
TR3
BT1
BT2
GN1
GT1
LL1

one of the following areas
03AS
02A0407D
07A
06A

The year of the month for which the
declaration is done

Month for which the fishing effort declaration
is done (expressed by two digits between 01
and 12)

cumulative amount of fishing effort expressed
in kilowatt days from the 1 of January of the
year (4) until the end of the month (5)

(*)

relevant information for transmission of data by fixed-length formatting.

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ANNEX IIB

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND
NORWAY LOBSTER STOCKS IN ICES ZONES VIIIC AND IXA EXCLUDING THE GULF OF CADIZ

1.

Scope

The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than
10 metres, carrying on board towed and static gears defined in point 3 and present in zones VIIIc and IXa excluding
the Gulf of Cadiz. For the purposes of this Annex, a reference to the 2009 management period means the period
from 1 February 2009 to 31 January 2010.

2.

Definition of day present within the area

For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part
thereof) during which a vessel is present within the geographical area defined in point 1 and absent from port. The
time from which the continuous period is measured is at the discretion of the Member State whose flag is flown by
the vessel concerned.

3.

Fishing gear

For the purpose of this Annex, the following grouping of fishing gears shall apply:

— trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size

equal to or larger than 60 mm and bottom long-lines.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

4.

Vessels concerned by fishing effort limitations

4.1.

Vessels using gears belonging to the grouping of fishing gears referred to in point 3 and fishing in areas defined in
point 1 shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

4.2.

4.3.

A Member State shall not permit fishing with any gear belonging to the grouping of fishing gears defined in point 3
in the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005,
2006, 2007 or 2008 in the area, excluding the record of fishing activities as a result of transfer of days between
fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the
regulated area.

A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to
fish in that area with a gear belonging to the grouping of fishing gears defined in point 3, unless the vessel is
allocated a quota after a transfer as permitted according to the Article 20(5) of Regulation (EC) No 2371/2002 and is
allocated days at sea according to point 12 or 13 of this Annex.

5.

Limitations in activity

Each Member State shall ensure that, when carrying on board any gear belonging to the grouping of fishing gear
referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area
for no more than the number of days specified in point 7.

6.

Exceptions

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days
when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of
emergency aid or any days when a vessel has been present within the area but unable to fish because it is
transporting an injured person for emergency medical aid. The Member State shall provide justification to the
Commission within one month of any decisions taken on this basis with associated evidence of the emergency from
the competent authorities.

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NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS

7.

Maximum number of days

7.1.

7.2.

During the 2009 management period, the maximum number of days at sea for which a Member State may authorise
a vessel flying its flag to be present within the area having carried on board any gear belonging to the grouping of
fishing gears referred to in point 3 is shown in Table I.

For the purposes of fixing the maximum number of days at sea a fishing vessel may be authorised by its flag
Member State to be present within the area, the following special conditions shall apply during the 2009
management period in accordance with Table I:

(a)

(b)

The total landings of hake in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels
using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance
with Community law, shall represent less than 5 tonnes according to the landings in live weight consigned in
the Community logbook, and;

The total landings of Norway lobster in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or
vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in
accordance with Community law, shall represent less than 2,5 tonnes according to the landings in live weight
consigned in the Community logbook.

7.3.

During the 2009 management period, a Member State may manage its fishing effort allocations according to a
kilowatt days system. By that system it may authorise any vessel concerned for any gear of the grouping of fishing
gears and special conditions laid down in Table I to be present within the area for a maximum number of days which
is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the
grouping and special condition is respected.

This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying
the flag of that Member State and qualified for the grouping of fishing gears referred to in point 3 and special
condition. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each
vessel by the number of days at sea it would benefit from, according to table I, if the provisions of this point were
not applied.

7.4.

A Member State wishing to benefit from the provisions laid down in point 7.3 shall submit a request to the
Commission with reports in electronic format containing for the grouping of fishing gears and special condition as
laid down in Table I the details of the calculation based on:

— list of vessels authorised to fish by indicating their Community Fleet Register number (CFR) and their engine

power,

— track records of 2001, 2002 and 2003 for such vessels reflecting the catch composition defined in special

conditions 7.2(a) or (b), if these vessels are qualified for such special conditions,

— the number of days at sea for which each vessel would have initially been authorised to fish according to

Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.

On the basis of that description, the Commission may authorise that Member State to benefit from the provisions
defined in point 7.3.

8.

Management periods

8.1.

A Member State may divide the days present within the area given in Table I into management periods of durations
of one or more calendar months.

8.2.

The number of days or hours for which a vessel may be present within the area during a management period shall be
fixed at the discretion of the Member State concerned.

In case that a Member State authorises vessels to be present within the area by hours, the Member State shall
continue measuring the consumption of days as specified in point 2. Upon request by the Commission, the Member
State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area
due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.

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8.3.

In any given management period a vessel may undertake non-fishing related activities, without that time being
counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its
intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall
not carry any fishing gear or fish on board during that time.

9.

Allocation of additional days for permanent cessation of fishing activities

9.1.

An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present
within the geographical area when carrying on board any gear belonging to the grouping of fishing gears referred to
in point 3 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing
activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC)
No 2792/1999 or in accordance with Article 23 of Regulation (EC) No 1198/2006 or resulting from other
circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn
from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn
vessels using the gears in question shall be divided by the effort expended by all vessels using those gears during
2003.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of
days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be
rounded to the nearest whole day.

This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has
already been used in previous years to obtain additional days at sea.

9.2. Member States wishing to benefit from the allocations referred to in point 9.1 shall submit a request to the
Commission with reports in electronic format containing for the grouping of fishing gears and special condition as
laid down in Table I the details of the calculation based on:

— lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power,

— the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of

fishing gears and if necessary special condition.

9.3.

On the basis of such a request the Commission may amend the number of days defined in point 7.1 for that Member
State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

9.4.

9.5.

During the 2009 management period, a Member State may re-allocate those additional numbers of days at sea to all
the vessels remaining in fleet and qualified for the gears belonging to the grouping of fishing gears and special
condition or to part of them by applying, mutatis mutandis, the provisions laid down in points 7.3 and 7.4.

Any additional number of days resulting from a permanent cessation of activity previously allocated by the
Commission on the basis of previous definitions of groupings of fishing gears shall be reassessed on the basis of the
grouping of fishing gears laid down in point 3. Any additional days so obtained shall remain allocated in 2009.

10.

Allocation of additional days for enhanced observer coverage

10.1. Three additional days on which a vessel may be present within the area when carrying onboard any gear belonging
to the grouping of fishing gears referred to in point 3 may be allocated between 1 February 2009 and 31 January
2010 to Member States by the Commission on the basis of an enhanced programme of observer coverage in
partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of
discarding and on catch composition and go beyond the requirements on data collection, as laid down in Council
Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for
the collection, management and use of data in the fisheries sector and support for scientific advice regarding the
Common Fisheries Policy (1) and Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed
rules for the application of Council Regulation (EC) No 199/2008 (2) for national programmes.

Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

(1) OJ L 60, 5.3.2008, p. 1.
(2) OJ L 186, 15.7.2008, p. 3.

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10.2. Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their

enhanced observer coverage programme to the Commission.

10.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of days
defined in point 7.1 for that Member State and for the vessels, the area and gear concerned by the enhanced
programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/
2002.

10.4.

If such a programme submitted by a Member Stated has been approved by the Commission in the past and the
Member State wishes to continue its application without changes, the Member State shall inform the Commission of
the continuation of its enhanced observer coverage programme four weeks before the beginning of the period for
which the programme applies.

11.

Special conditions for the allocation of days

11.1.

If a vessel has received an unlimited number of days resulting from compliance with the special conditions listed in
points 7.2(a) and 7.2(b), the vessel's landings in 2009 shall not exceed 5 tonnes live weight of hake and 2,5 tonnes
live weight of Norway lobster.

11.2. The vessel shall not tranship any fish at sea to another vessel.

11.3. When either of these conditions is not met by a vessel, that vessel shall with immediate effect no longer be entitled

to the allocation of days corresponding to the given special conditions.

Maximum number of days a vessel may be present within the area by fishing gear per year

Table I

Gear point 3

Special conditions
point 7

Denomination
Only the gear groupings as defined in point 3 and the
special conditions as defined in point 7 are used.

Maximum number of
days

3

3

Bottom trawls of mesh size ≥ 32 mm, gill-nets of
mesh size ≥ 60 mm and bottom long-lines

175

7.2(a) and 7.2(b)

Bottom trawls of mesh size ≥ 32 mm, gill-nets of
mesh size ≥ 60 mm and bottom long-lines

Unlimited

EXCHANGES OF FISHING EFFORT ALLOCATIONS

12.

Transfer of days between vessels flying the flag of a Member State

12.1. A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has
been authorised to another vessel flying its flag within the area provided that the product of the days received by a
vessel multiplied by its engine in kilowatts (kilowatt days) is equal to or less than the product of the days transferred
by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels
shall be that recorded for each vessel in the Community fishing fleet register.

12.2. The total number of days present within the area transferred under point 12.1 multiplied by the engine power in
kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days track record in the area
as verified by the Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine
power in kilowatts of that vessel.

12.3. The transfer of days as described in point 12.1 shall be permitted only between vessels operating with any gear

belonging to the grouping of fishing gear and during the same management period.

12.4. Transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special condition,

as laid down in point 7.2.

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12.5. On request from the Commission, Member States shall provide information on the transfers that have taken place.
Formats of spreadsheet for the collection and transmission of information referred to in the present point may be
adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

13.

Transfer of days between fishing vessels flying the flag of different member states

Member States may permit transfer of days present within the area for the same management period and within the
area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.3, 6
and 12 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission, before
such transfers take place, the details of the transfer, including the number of days, the fishing effort and, where
applicable, the fishing quotas relating thereto.

14.

Notification of fishing gear

USE OF FISHING GEAR

Before the first day of each management period the master of a vessel or his representative shall notify to the
authorities of the flag Member State which gear or gears he intends to use during the forthcoming management
period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1
with any gear belonging to the grouping of fishing gear referred to in point 3.

15.

Combined used of regulated and unregulated fishing gear

A vessel wishing to combine the use of one or more of the fishing gear belonging to the grouping of fishing gears
referred to in point 3 (regulated gears) with any other grouping of fishing gear not referred to in point 3 (unregulated
gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear
is to be used. When no such notification has been given, none of the fishing gear belonging to the grouping of
fishing gear referred to in point 3 may be carried on board. Such vessels must be authorised and equipped to
undertake the alternative fishing activity with the unregulated gears.

16.

Transit

TRANSIT

A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first
notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried on board
must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC)
No 2847/93.

MONITORING, INSPECTION AND SURVEILLANCE

17.

Fishing effort messages

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board gears
belonging to the grouping of fishing gear defined in point 3 of this Annex and operating in the area defined in
point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of
Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of
Regulation (EEC) No 2847/93.

18.

Recording of relevant data

Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation
(EC) No 2244/2003 are recorded in a computer-readable form:

(a)

entry into, and exit from port;

(b)

each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

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19.

Cross-checks

Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using
VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

20.

Collection of relevant data

REPORTING OBLIGATIONS

Member States, on the basis of information used for the management of fishing days present within the area as set
out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the
area for towed gears and static gears and effort deployed by vessels using different types of gear in the area
concerned by this Annex.

21.

Communication of relevant data

21.1. On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data
referred to in point 20 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox
address, which shall be communicated to the Member States by the Commission.

21.2. A new format of spreadsheet for making the data referred to in point 20 available to the Commission may be
adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

Table II

Reporting format

Special condition applying to notified
gear(s)

Days eligible using notified gear(s)

Days spent with notified gear(s)

Country

CFR

External
marking

Length
of man-
agement
period

Area
fished

(1)

(2)

(3)

(4)

(5)

(6)

(6)

(6)

No1

No2

No3

…

(6)

No1

No2

No3

(7)

(7)

(7)

…

(7)

No1

No2

No3

(8)

(8)

(8)

…

(8)

Transfer
of days

(9)

Name of field

Maximum number of char-
acters/digits

(1) Country

(2) CFR

(3) External marking

(4) Length of management

period

(5) Area fished

3

12

14

2

1

Table III

Data format

Alignment (*)
L(eft)/R(ight)

n/r

n/r

L

L

L

Definition and Comments

Member State (Alpha-3 ISO code) in which vessel is
registered for fishing under Council Regulation (EC)
No 2371/2002.
In the case of the donor Vessel, it is always the reporting
country.

Community Fleet Register number
Unique identification number of a fishing vessel.
Member State (Alpha-3 ISO code) followed by an
identifying series (9 characters). Where a series has fewer
than 9 characters additional zeros must be inserted on
the left hand side.

Under Commission Regulation (EEC) No 1381/87.

Length of the management period measured in months.

Non relevant information in the case of Annex IIB.

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Name of field

Maximum number of char-
acters/digits

Alignment (*)
L(eft)/R(ight)

Definition and Comments

(6) Special condition

applying to notified
gear(s)

(7) Days eligible using
notified gear(s)

(8) Days spent with noti-

fied gear(s)

(9) Transfers of days

2

3

3

4

L

L

L

L

Indication of which, if any, of the special condition a-b
referred to in point 7.2 of Annex IIB that apply.

Number of days for which the vessel is eligible under
Annex IIB for the choice of gears and length of
management period notified.

Number of days the vessel actually spent present within
the area and using a gear corresponding to gear notified
during the notified management period according to
Annex IIB.

For days transferred indicate ‘– number of days
transferred’ and for days received indicate ‘+ number of
days transferred’.

(*)

relevant information for transmission of data by fixed-length formatting.

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ANNEX IIC

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE
STOCKS ICES ZONE VIIe

1.

Scope

GENERAL PROVISIONS

1.1.

1.2.

The conditions laid down in this Annex shall apply to Community vessels of length overall equal to or greater than
10 metres carrying on board any of the gears defined in point 3, and present in zone VIIe. For the purposes of this
Annex, a reference to the 2009 management period means the period from 1 February 2009 to 31 January 2010.

Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than
300 kg live weight of sole according to the EC logbook in 2004 shall be exempt from the provisions of this Annex
on the conditions that:

(a)

such vessels catch less than 300 kg live weight of sole during the 2009 management period; and

(b)

such vessels shall not tranship any fish at sea to another vessel; and

(c)

each Member State concerned makes a report to the Commission by 31 July 2009 and 31 January 2010 on
these vessels' track records for sole in 2004 and catches of sole in 2009.

When either of these conditions is not met, the concerned vessels shall with immediate effect no longer be
exempted from the provisions of this Annex.

2.

Definition of day present with the area

For the purpose of this Annex, a day present within an area shall be any continuous period of 24 hours (or part
thereof) during which a vessel
is present within zone VIIe and absent from port. The time from which the
continuous period is measured is at the discretion of the Member State whose flag is flown by the vessel concerned.

3.

Fishing gear

For the purposes of this Annex, the following groupings of fishing gears shall apply:

(a)

Beam trawls of mesh size equal to or greater than 80 mm;

(b)

Static nets including gill-nets, trammel-nets and tangle-nets with mesh size less than 220 mm.

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

4.

Vessels concerned by fishing effort limitations

4.1.

4.2.

4.3.

Vessels using gear types identified in point 3 and fishing in areas defined in point 1 shall hold a special fishing
permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

A Member State shall not permit fishing with a gear belonging to a grouping of fishing gears defined in point 3 in
the area by any of its vessels which have no record of such fishing activity in the years 2002, 2003, 2004, 2005,
2006, 2007 or 2008 in that area unless it ensures that equivalent capacity, measured in kilowatts, is prevented from
fishing in the regulated area.

However, a vessel with a track record of using a gear belonging to a grouping of fishing gears defined in point 3
may be authorised to use a different fishing gear, provided that the number of days allocated to this latter gear is
greater than or equal to the number of days allocated to the first gear.

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4.4.

A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to
fish in that area with a gear belonging to a grouping of fishing gear defined in point 3, unless the vessel is allocated
a quota after a transfer as permitted according to the Article 20(5) of Regulation (EC) No 2371/2002 and is
allocated days at sea according to point 11 or 12 of this Annex.

5.

Limitations in activity

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears referred to in
point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more
than the number of days set out in point 7.

6.

Exceptions

A Member State shall not count against the days allocated to any of its vessels under this Annex either any days
when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of
emergency aid or any days when a vessel has been present within the area but unable to fish because it is
transporting an injured person for emergency medical aid. The Member State shall provide justification to the
Commission within one month of any decisions taken on this basis with associated evidence of the emergency from
the competent authorities.

NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS

7.

Maximum number of days

7.1.

7.2.

7.3.

During the 2009 management period, the maximum number of days at sea for which a Member State may
authorise a vessel flying its flag to be present within the area having carried on board and used any one of the
fishing gears referred to in point 3 is shown in Table I.

During the 2009 management period, the number of days at sea for which a vessel is present within the total area
covered by this Annex and Annex IIA shall not exceed the number shown in Table I of this Annex. However, where
the vessel is subject to allocations of maximum effort for its presence in areas covered by Annex IIA alone, it shall
comply with the maximum effort thus fixed.

During the 2009 management period, a Member State may manage its fishing effort allocation according to a
kilowatt days system. By that system it may authorise any vessel concerned to be present within the area for a
maximum number of days which is different from that set out in Table I for any one of the groupings of fishing
gears laid down in that Table, provided that the overall amount of kilowatt days corresponding to such a grouping is
respected.

For a specific grouping of fishing gears, the overall amount of kilowatt days shall be the sum of all individual fishing
efforts allocated to the vessels flying the flag of the Member State concerned and qualified for that specific
grouping. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of
each vessel by the number of days at sea it would benefit from, according to Table I, if the provisions of this point
were not applied.

7.4.

A Member State wishing to benefit from the provisions laid down in point 7.3 shall submit a request to the
Commission with reports in electronic format containing for each grouping of fishing gears the details of the
calculation based on:

— list of vessels authorised to fish by indicating their Community Fleet Register number (CFR) and their engine

power,

— the number of days at sea for which each vessel would had initially been authorised to fish according to

Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.

On the basis of that description, the Commission may authorise that Member State to benefit from the provisions
defined in point 7.3.

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8.

Management periods

8.1.

8.2.

A Member State may divide the days present within the area given in Table I into management periods of durations
of one or more calendar months.

The number of days or hours for which a vessel may be present within the area during a management period shall
be fixed at the discretion of the Member State concerned.

In case that a Member State authorises vessels to be present within the area by hours, the Member State shall
continue measuring the consumption of days as specified in point 2. Upon request by the Commission, the
Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within
the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.

8.3.

In any given management period a vessel that has used the number of days present within the area for which it is
eligible shall remain in port or out of the area for the remainder of the management period unless it is using a gear
for which no maximum number of days has been fixed.

9.

Allocation of additional days for permanent cessations of fishing activities

9.1.

An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present
within the geographical area when carrying on board any of the gears referred to in point 3 may be allocated to
Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place
since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or in accordance with
Article 23 of Regulation (EC) No 1198/2006 or resulting from other circumstances duly motivated by Member
States. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question
shall be divided by the effort expended by all vessels using that gear during 2003.

The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of
days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be
rounded to the nearest whole day.

This point shall not apply where a vessel has been replaced in accordance with point 4.2 or when the withdrawal
has already been used in previous years to obtain additional days at sea.

9.2.

Member States wishing to benefit from the allocations referred to in point 9.1 shall submit a request to the
Commission with reports in electronic format containing for each grouping of fishing gears the details of the
calculation based on:

— lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power,

— the fishing activity deployed by such vessels in 2003 calculated in days at sea by concerned grouping of

fishing gears.

9.3.

9.4.

On the basis of such a request the Commission may amend the number of days defined in point 7.2 for that
Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

During the 2009 management period, a Member State may re-allocate those additional numbers of days at sea to all
the vessels remaining in fleet and qualified for the relevant grouping of fishing gears or to part of them by applying,
mutatis mutandis, the provisions laid down in points 7.3 and 7.4.

9.5.

Any additional number of days resulting from a permanent cessation of activity previously allocated by the
Commission remains allocated in 2009.

10.

Allocation of additional days for enhanced observer coverage

10.1.

Three additional days on which a vessel may be present within the area when carrying onboard any of the
groupings of fishing gear referred to in point 3 may be allocated between 1 February 2009 and 31 January 2010 to
Member States by the Commission on the basis of an enhanced programme of observer coverage in partnership
between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and
on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/
2008 and Regulation (EC) No 665/2008 for national programmes.

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Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.

10.2. Member States wishing to benefit from the allocations referred to in point 10.1 shall submit a description of their

enhanced observer coverage programme to the Commission for approval.

10.3. On the basis of this description, and after consultation with STECF, the Commission may amend the number of
days defined in point 7.1 for that Member State and for the vessels, the area and gear concerned by the enhanced
programme of observers in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/
2002.

10.4.

If such a programme submitted by a Member Stated has been approved by the Commission in the past and the
Member State wishes to continue its application without changes, the Member State shall inform the Commission
of the continuation of its enhanced observer coverage programme four weeks before the beginning of the period
for which the programme applies.

Maximum number of days a vessel may be present within the area by fishing gear per year

Table I

Gear
point 3

Denomination
Only the gear groupings as defined in point 3 are used

Western Channel

3.a.

3.b.

Beam trawls of mesh size ≥ 80 mm

Static nets with mesh size < 220 mm

192

192

EXCHANGES OF FISHING EFFORT ALLOCATIONS

11.

Transfer of days between fishing vessels flying the flag of a Member State

11.1.

A Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for
which it has been authorised to another of its vessels flying its flag within the area provided that the product of the
days received by a vessel and its engine power in kilowatts (kilowatt days) is equal to or less than the product of the
days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts
of the vessels shall be that recorded for each vessel in the Community fishing fleet register.

11.2.

The total number of days present within the area, multiplied by the engine power in kilowatts of the donor vessel,
shall not be higher than the donor vessel's average annual days track record in the area as verified by the
Community logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts
of that vessel.

11.3.

The transfer of days as described in point 11.1 shall be permitted only between vessels operating within the same
gear grouping referred to in point 3 and during the same management period.

11.4. On request from the Commission, Member States shall provide reports on the transfers that have taken place. A
detailed format of spreadsheet for making these reports available to the Commission may be adopted in accordance
with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

12.

Transfer of days between fishing vessels flying the flag of different Member States

Member States may permit transfer of days present within the area for the same management period and within the
area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.4, 6
and 11 apply. Where Member States decide to authorise such a transfer, as a preliminary they shall notify the
Commission before such transfers take place, the details of the transfer, including the number of days transferred, the
fishing effort and, where applicable, the fishing quotas relating thereto, as agreed between them.

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13.

Notification of fishing gear

USE OF FISHING GEAR

Before the first day of each management period the master of a vessel or his representative shall notify to the
authorities of the flag Member State which gear or gears he intends to use during the forthcoming management
period. Until such notification is provided the vessel shall not be entitled to fish within the area defined in point 1
with any of the groupings of fishing gear referred to in point 3.

14.

Non-fishing related activities

In any given management period a vessel may undertake non-fishing related activities, without that time being
counted against its days allocated under point 7, provided that the vessel first notifies its flag Member State of its
intention to do so, the nature of its activity and that it surrenders its fishing licence for that time. Such vessels shall
not carry any fishing gear or fish on board during that time.

15.

Transit

TRANSIT

A vessel shall be allowed to transit across the area provided that it has no fishing permit to operate in the area or it
has first notified its authorities of its intention to do so. While that vessel is within the area any fishing gears carried
on board must be lashed and stowed in accordance with conditions laid down in Article 20(1) of Regulation (EEC)
No 2847/93.

MONITORING, INSPECTION AND SURVEILLANCE

16.

Fishing effort messages

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the
groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex.
Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/
2003 shall be excluded from these hailing requirements set out in Article 19(c) of Regulation (EEC) No 2847/93.

17.

Recording of relevant data

Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation
(EC) No 2244/2003 are recorded in a computer-readable form:

(a)

entry into, and exit from port;

(b)

each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.

18.

Cross-checks

Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using
VMS data. Such cross-checks shall be recorded and made available to the Commission on request.

19.

Alternative control measures

Member States may implement alternative control measures to ensure compliance with the obligations referred to in
point 16 which are as effective and transparent as these reporting obligations. Such alternative measures shall be
notified to the Commission before being implemented.

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20.

Prior notification of transhipments and landings

The master of a Community vessel or his representative wishing to tranship any quantity retained on board or to
land in a port or landing location of a third country shall inform the competent authorities of the flag Member State
at least 24 hours prior to transhipping or to landing in a third country the information referred to in Article 19b of
Regulation (EEC) No 2847/93.

21.

Margin of tolerance in the estimation of quantities reported in the logbook

By way of derogation from Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance, when
estimating quantities, in kilograms retained on board of vessels referred to in point 16 shall be 8 % of the logbook
figure. Where no conversion factors are laid down in Community legislation, the conversion factors adopted by the
Member states whose flag the vessel is flying shall apply.

22.

Separate stowage

When quantities of sole greater than 50 kg are stowed on board a vessel, it shall be prohibited to retain on board a
fishing vessel in any container any quantity of Sole mixed with any other species of marine organism. The masters of
Community vessels shall give inspectors of Member States such assistance as will enable the quantities declared in
the logbook and the catches of sole retained on board to be cross checked.

23.

Weighing

23.1.

The competent authorities of a Member State shall ensure that any quantity of sole exceeding 300 kg caught in the
area shall be weighed before sale. The scales used for the weighing shall be approved by the competent national
authorities.

23.2.

The competent authorities of a Member State may require that any quantity of sole exceeding 300 kg caught in the
area and first landed in that Member State is weighed in the presence of controllers before being transported from
the port of first landing.

REPORTING OBLIGATIONS

24.

Collection of relevant data

Member States, on the basis of information used for the management of fishing days present within the area as set
out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the
area for towed gears and static gears and effort deployed by vessels using different types of gear in the area
concerned by this Annex.

25.

Communication of relevant data

25.1. On request of the Commission, Members States shall make available to the Commission a spreadsheet with the data
referred to in point 24 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox
address, which shall be communicated to the Member States by the Commission.

25.2.

A new format of spreadsheet for the purpose of making the data referred to in point 26 available to the
Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC)
No 2371/2002.

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Table II

Reporting format

Country

CFR

External
marking

Length of
manage-
ment pe-
riod

Area
fished

Gear(s) notified

Special condition applying to
notified gear(s)

Days eligible using notified gear
(s)

Days spent with notified gear(s)

Transfer of
days

No1

No2

No3

…

No1

No2

No3

…

No1

No2

No3

…

No1

No2

No3

…

(1)

(2)

(3)

(4)

(5)

(6)

(6)

(6)

(6)

(7)

(7)

(7)

(7)

(8)

(8)

(8)

(8)

(9)

(9)

(9)

(9)

(10)

Name of field

Maximum number of charac-
ters/digits

Table III

Data format

Alignment (*)
L(eft)/R(ight)

(1) Country

(2) CFR

(3) External marking

(4)

Length of management
period

(5) Area fished

(6)

gear(s) notified

(7)

Special condition
applying to notified
gear(s)

(8) Days eligible using
notified gear(s)

(9) Days spent with noti-

fied gear(s)

(10) Transfers of days

3

12

14

2

1

5

2

3

3

4

(*)

relevant information for transmission of data by fixed-length formatting.

n/r

n/r

L

L

L

L

L

L

L

L

Definition and Comments

Member State (Alpha-3 ISO code) in which vessel is
registered for fishing under Council Regulation (EC)
No 2371/2002.
In the case of the donor Vessel, it is always the reporting
country.

Community Fleet Register number
Unique identification number of a fishing vessel.
Member State (Alpha-3 ISO code) followed by an
identifying series (9 characters). Where a series has fewer
than 9 characters additional zeros must be inserted on the
left hand side.

Under Commission Regulation (EEC) No 1381/87.

Length of the management period measured in months.

Non relevant information in the case of Annex IIC.

Indication of gear grouping notified in accordance with
point 3 to Annex IIC (a or b).

Non relevant information in the case of Annex IIC.

Number of days for which the vessel is eligible under
Annex IIC for the choice of gear groupings and length of
management period notified.

Number of days the vessel actually spent present within the
area and using a gear corresponding to grouping gear
notified during the notified management period according
to Annex IIC.

For days transferred indicate ‘– number of days transferred’
and for days received indicate ‘+ number of days
transferred’.

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ANNEX IID

FISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIA
AND IV AND IN EC WATERS OF ICES ZONE IIa

1.

2.

The conditions laid down in this Annex shall apply to Community vessels fishing in ICES zones IIIa and IV and in EC
waters of ICES zone IIa with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm.

The conditions laid down in this Annex shall apply to third-country vessels authorised to fish for sandeel in EC waters
of ICES zone IV unless otherwise specified, or as a consequence of consultations between the Community and Norway
as set out in point 7.3 of the Agreed Record of conclusions between the European Community and Norway of
10 December 2008.

3.

For the purposes of this Annex a day present within the area shall be:

(a)

(b)

the 24-hour period between 00:00 hours of a calendar day and 24:00 hours of the same calendar day or any
part of such a period or;

any continuous period of 24 hours as recorded in the Community logbook between the date and time of
departure and the date and time of arrival or any part of any such time period.

4.

Each Member State concerned shall maintain a data base containing for ICES zones IIIa and IV and for each vessel
flying its flag or registered within the Community which have been fishing with demersal trawl, seine or similar towed
gears with a mesh size of less than 16 mm, the following information:

(a)

the name and internal registration number of the vessel;

(b)

(c)

(d)

the installed engine power of the vessel in kilowatts measured in accordance with Article 5 of Regulation (EEC)
No 2930/86;

the number of days present within the area when fishing with demersal trawl, seine or similar towed gear with a
mesh size of less than 16 mm;

the kilowatt-days as the product of the number of days present within the area and the installed engine power in
kilowatts.

5.

Exploratory fishery relating to sandeel abundance shall start no earlier than 1 April 2009 and end no later than 6 May
2009.

The total ceiling of fishing effort allowed in the exploratory fishery relating to sandeel abundance in 2009 shall be
determined on the basis of the total fishing effort deployed by Community vessels in 2007 established in accordance
with point 4 and shall be divided among Member States in accordance with the quota allocations for this TAC.

6.

The TAC and quotas for sandeel in ICES zone IIIa and IV and in EC waters of ICES zones IIa as laid down in Annex I
shall be revised by the Commission as early as possible based on advice from ICES and the STECF on the size of the
2008 year class of North Sea sandeel, taking into account the following principles as well as other relevant elements
contained in the scientific advice:

The TAC for EC waters of ICES zones IIa and IV shall be established according to the following function:

TAC2009 = − 287 þ 3,98 (cid:2) N1 (cid:2) WobsWm

N1 is the real-time estimate of age group 1 in billions derived from the exploratory fishery in 2009; the TAC is
expressed in 1,000 tonnes; Wobs is the observed mean weight of age group 1 during the exploratory fishery; and
Wm (3.8 g) is the long-term mean weight of age group 1.

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7.

If the TAC calculated in point 6 exceeds 400 000 tonnes, the TAC shall be set at 400 000 tonnes.

8.

Commercial fishing with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm, shall be
prohibited from 1 August 2009 until 31 December 2009.

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ANNEX III

TRANSITIONAL TECHNICAL AND CONTROL MEASURES

Part A

North Atlantic including the North Sea, Skagerrak and Kattegat

1.

Fishing for Herring in EC waters of ICES zone IIa

It shall be prohibited to land or retain on board herring caught in EC waters of zone IIa in the periods 1 January to
28 February and 16 May to 31 December.

2.

Technical conservation measures in the Skagerrak and in the Kattegat

By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in
Appendix 1 to this Annex shall apply.

3.

Electric fishing in ices zones IVc and IVb

3.1.

By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical
pulse current shall be allowed in ICES zones IVc and IVb south of a rhumb line joined by the following points,
which shall be measured according to the WGS84 coordinate system:

— a point on the east coast of the United Kingdom at latitude 55o N,

— then east to latitude 55o N, longitude 5o E,

— then north to latitude 56o N,

— and finally east to a point on the west coast of Denmark at latitude 56o N.

3.2.

The following measures shall apply in 2009:

(a)

no more than 5 % of the beam trawler fleet by Member State shall be allowed to use the electric pulse trawl;

(b)

the maximum electrical power in kW for each beam trawl shall be no more than the length in metre of the
beam multiplied by 1,25;

(c)

the effective voltage between the electrodes shall be no more than 15 V;

(d)

the vessel shall be equipped with an automatic computer management system which records the maximum
power used per beam and the effective voltage between electrodes for at least the last 100 tows. It shall be not
possible for non authorised person to modify this automatic computer management system;

(e)

it shall be prohibited to use one or more tickler chains in front of the footrope.

4.

Closure of an area for sandeel fisheries in ices zone IV

4.1.

It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east
coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions,
which shall be measured according to the WGS84 coordinate system:

— the east coast of England at latitude 55o30'N,

— latitude 55o30'N, longitude 1o00'W,

— latitude 58o00'N, longitude 1o00'W,

— latitude 58o00'N, longitude 2o00'W,

— the east coast of Scotland at longitude 2o00'W.

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4.2.

Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects
of the closure.

5.

Rockall Haddock box in ices zone VI

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines
the following positions, which shall be measured according to the WGS84 coordinate system:

Point No

1

2

3

4

Latitude

57o00'N

57o00'N

56o30'N

56o30'N

Longitude

15o00'W

14o00'W

14o00'W

15o00'W

However, in the part of the areas defined in this point which overlaps with the area defined as North West Rockall
in point 15.1 the derogation as regards longlines shall not apply.

5a.

Cod selectivity in the North Sea and Skagerrak

5a.1. Member States shall take measures to distribute along the year 2009, the use of cod quotas by vessels flying their
flag, operating in the North Sea and Skagerrak and using bottom trawls, Danish seines and similar towed gear, with
the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in
points 5a.2 to 5a.6.

5a.2. Member States shall adapt the use of the gears mentioned in point 5a.1 in respect of the utilisation of its cod quota.
For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of
2009, and communicate these to the Commission by 1 February 2009.

5a.3.

If, at the end of any of the first three quarters of 2009, the utilisation of the cod quota is more than 10 % above the
target quantity, the Member State concerned shall put in place measures to ensure that its vessels referred to in
point 5a.1 apply technical changes to their fishing gears deployed which allow for a reduction in cod by-catches to
such an extent as sufficient to meet the target for the utilisation of the quota at the end of the following quarter.

5a.4. Within one month from the end of the quarter in which the target quantity has been exceeded, Member States shall
inform the Commission of the measures referred to in point 5a.3, outlining the technical changes that are to be
introduced to the gears and the vessels that will be affected, together with supporting evidence of the likely effect on
catch rates of cod.

5a.5. Where the cod quota of a Member State has been utilised up to a level of 90 % at any time before 15 November
2009, it shall be obligatory for all vessels of that Member State referred to in point 5a.1 using gears with a mesh
size of 80 mm or greater, with the exception of vessels using Danish seines to use for the remainder of the year the
fishing gear described in Appendix 4 to this Annex or any other gear the technical attributes of which result in
similar catch rates of cod, as confirmed by STECF, or, for vessels targeting Norway lobster, a sorting grid as
described in Appendix 3 to this Annex or any other gear with a proven equivalent escapement capability.

5a.6.

Notwithstanding point 5a.5, Member States may also apply the measures referred to in that point to individual
vessels or to groups of vessels that, at any time before 15 November 2009, have used 90 % of the part of the
national cod quota that was made available to them in accordance with the national method of allocating fishing
opportunities.

5a.7.

Notwithstanding point 5a.3 and 5a.5, Member States may also apply the measures referred to in those points with
respect to individual vessels or to groups of vessels to which part of the national cod quota has been made available
in accordance with the national method of allocating fishing opportunities.

5b.

Prohibition of high grading in the North Sea and Skagerrak

5b.1.

Any species subject to quota caught during fishing operations in the North Sea and Skagerrak shall be brought
aboard the vessel and subsequently landed unless this would be contrary to obligations provided for in the
provisions laid down in Community fisheries legislation establishing technical, control and conservation measures,
and in particular the present Regulation and Regulations (EC) No 2371/2002, (EEC) No 2847/93 and (EC) No 850/
98 and their implementing rules.

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5b.2. Member States shall endeavour to take similar measures to those referred in point 5b.1 in the Eastern Channel.

5c.

Real time closures in the North Sea, Skagerrak and Eastern Channel

5c.1. Without prejudice to the possibility to take emergency measures in accordance with Article 8 of Regulation (EC)
No 2371/2002, Member States may, where there is evidence of a serious threat to the conservation of certain
species or fishing grounds in the North Sea, Skagerrak and Eastern Channel, including where it is important to
avoid high concentrations of a threatened species, and where any undue delay would result in damage to the
concerned species or fishing ground which would be difficult to repair, take conservation measures more stringent
than those laid down in Community legislation in respect of the waters under its sovereignty or jurisdiction.

5c.2.

The measures referred to in point 5c.1:

— shall be non-discriminatory,

— may only apply to fishing vessels that are equipped to catch the species concerned and/or which have an

authorisation to fish on the fishing grounds concerned, and

— have a maximum duration of 21 days after which they shall automatically cease to apply.

The geographical extent of the affected fishing grounds shall be clearly defined.

5c.3. Member States shall

inform the Commission, the other Member States and the Regional Advisory Council
concerned without delay of the measures adopted under point 5c.1, by sending a copy of those measures together
with an explanatory memorandum.

The measures shall only be applicable if sufficient justification is provided in the explanatory memorandum
showing that all conditions of point 5c.1 are fulfilled. In the absence of such justification the Commission may at
any time request the Member State to cancel or amend the measure with immediate effect.

5d.

Cod selectivity in Eastern Channel

5d.1. Member States shall take measures to distribute along the year 2009, the use of cod quotas by vessels flying their
flag, operating in the Eastern Channel and using bottom trawls, Danish seines and similar towed gear, with the
exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points
5d.2 to 5d.4 below.

5d.2. Member States shall adapt the use of the gears mentioned in point 5d.1 in respect of the utilisation of its cod quota.
For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of
2009, and communicate these to the Commission by 1 February 2009.

5d.3.

If, at the end of any of the second and third quarters of 2009, the utilisation of the cod quota is more than 10 %
above the target quantity, the Member State concerned shall put in place measures, including real time closures, to
ensure that the vessels referred to in point 5d.1 flying their flag avoid cod by-catches and target non quota species,
to such an extent as sufficient to meet the target for the utilisation of the cod quota at the end of the following
quarter.

5d.4. On request from the Commission, Member States shall inform the Commission of the measures referred to in

point 5d.3.

6.

Restrictions on fishing for cod, haddock and whiting in ICES zones VI and restriction on fishing for cod in
ICES zone VII

This point shall apply to vessels of more than 15 metres overall length from the date of application of this
Regulation and for other vessels from 1 April 2009.

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6.1.

ICES zone VIa

(i)

Until 31 December 2009 it shall be prohibited to conduct any fishing activity at any location within that part
of ICES Division VIa that lies to the east or to the south of those rhumb lines which sequentially join the
following coordinates:

54o30'N, 10o35'W

55o20'N, 9o50'W

55o30'N, 9o20'W

56o40'N, 8o55'W

57o0'N, 9o0'W

57o20'N, 9o20'W

57o50'N, 9o20'W

58o10'N, 9o0'W

58o40'N, 7o40'W

59o0'N, 7o30'W

59o20'N, 6o30'W

59o40'N, 6o5'W

59o40'N, 5o30'W

60o0'N, 4o50'W

60o15'N, 4o0'W;

(ii)

Until 31 December 2009, any fishing vessel present at any location within the area referred to in point (i)
shall ensure that any fishing gears carried on board are lashed and stowed in accordance with Article 20(1) of
Regulation (EEC) No 2847/93.

6.2.

ICES zones VII f and g

From 1 February 2009 until 31 March 2009, it shall be prohibited to conduct any fishing activity in the following
ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within six nautical miles from the baseline.

6.3.

By way of derogation from points 6.1 and 6.2 it shall be permitted to conduct fishing activities using inshore static nets fixed
with stakes, scallop dredges, mussel dredges, draft nets and beach seines, pots and creels within the specified areas and time
periods, provided that:

(i)

no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, pots and
creels are carried on board or deployed; and

(ii)

no fish other than salmon, shellfish and crustacea are retained on board, landed or brought ashore.

6.4.

By way of derogation from points 6.1 and 6.2, it shall be permitted to conduct fishing activities within the areas referred to in
those points using nets of mesh size less than 55 mm, provided that:

(i)

no net of mesh size greater than or equal to 55 mm is carried on board; and

(ii)

no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and
argentines are retained on board.

6.5.

By way of derogation from point 6.1, it shall be permitted to fish for nephrops provided that:

(i)

the fishing gear used incorporates a sorting grid in accordance with points (b), (c), (d) and (e) from
Appendix 2 to this Annex or a square-mesh panel as described in Appendix 5 to this Annex;

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(ii)

no less than 30 % of the retained catch by weight is comprised of nephrops;

(iii)

no more than 10 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or
whiting; and

(iv)

the fishing gear is constructed with a minimum mesh-size of 80 mm.

This derogation shall not apply within the area enclosed by sequentially joining with rhumb lines the following
positions, which shall be measured according to the WGS84 coordinate system:

59o05'N, 06o45'W

59o30'N, 06o00'W

59o40'N, 05o00'W

60o00'N, 04o00'W

59o30'N, 04o00'W

59o05'N, 06o45'W.

6.6.

By way of derogation from point 6.1, it shall be permitted to fish with trawls, demersal seines or similar gears provided that:

(i)

(ii)

all nets on board the vessel are constructed with a minimum mesh-size of 120 mm for vessels more than
15 metres overall length and of 110 mm for all other vessels;

no more than 30 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or
whiting;

(iii) where the catch retained on board comprises less than 90 % saithe the fishing gear used incorporates a

square-mesh panel as described in Appendix 5 to this Annex, and;

(iv) where the overall length of the vessel is less than or equal to 15 metres, regardless of the quantity of saithe
catches retained on board, the fishing gear used incorporates a square-mesh panel as described in Appendix 6
to this Annex.

6.7.

Observer coverage in ICES zone VIa

Each Member State concerned shall establish an onboard observer programme in 2009 in order to sample the
catches and discards of vessels benefiting from the derogations provided for in points 6.5 and 6.6. The observer
programmes shall be carried out without prejudice to the obligations under Regulation (EC) No 665/2008 and shall
aim at estimating cod, haddock and whiting catches and discards with an accuracy of no less than 20 %.

Member States concerned shall submit to the Commission a preliminary report on the total amount of catches and
discards of vessels subject to the observer programme no later than 30 June 2009. A final report concerning 2009
shall be submitted by 1 February 2010 at the latest.

6.8.

Experiments to reduce catches of whitefish when fishing for nephrops

In the area referred in point 6.1 Member States concerned shall, with the aim to identify fishing methods for
nephrops that have the lowest impact on whitefish, undertake in 2009 trials and experiments when fishing for
nephrops:

— on a sorting grid in accordance with Appendix 2 to this Annex, and

— on a square mesh window in accordance with points 1 and 3 of Appendix 5 inserted into the top panel of the

codend and terminating no more than 6 m from the codline.

Member States concerned shall submit the results of the trials and experiments to the Commission no later than
30 September 2009.

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7.

Special rules for the protection of blue ling in Zone VIa

7.1.

In the period from 1 March to 31 May 2009 the special conditions as laid down in this point shall apply in the
areas of Zone VIa delimited by rhumb lines sequentially joining the following coordinates:

(i)

Edge of Scottish continental shelf

— 59o58 N, 07o00 W

— 59o55 N, 06o47 W

— 59o51 N, 06o28 W

— 59o45 N, 06o38 W

— 59o27 N, 06o42 W

— 59o22 N, 06o47 W

— 59o15 N, 07o15 W

— 59o07 N, 07o31 W

— 58o52 N, 07o44 W

— 58o44 N, 08o11 W

— 58o43 N, 08o27 W

— 58o28 N, 09o16 W

— 58o15 N, 09o32 W

— 58o15 N, 9o45 W

— 58o30 N, 9o45 W

— 59o30 N, 7o00 W;

(ii)

Edge of Rosemary bank

— 60o00 N, 11o00 W

— 59o00 N, 11o00 W

— 59o00 N, 09o00 W

— 59o30 N, 09o00 W

— 59o30 N, 10o00 W

— 60 00 N, 10o00 W

— Not including the area delimited by rhumb lines sequentially joining the following coordinates:

— 59o15 N, 10o24 W

— 59o10 N, 10o22 W

— 59o08 N, 10o07 W

— 59o11 N, 09o59 W

— 59o15 N, 09o58 W

— 59o22 N, 10o02 W

— 59o23 N, 10o11 W

— 59o20 N, 10o19 W;

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7.2.

7.3.

7.4.

7.5.

When entering the area set out in point 7.1, the master of a fishing vessel shall record the date, time and place of
entry in the logbook.

When exiting the area set out in point 7.1, the master of a fishing vessel shall record the date, time and place of
entry in the logbook.

In either of the two areas set out in point 7.1 it shall be prohibited to retain on board any quantity of blue ling in
excess of 6 tonnes per fishing trip. If a vessel reaches this quantity the vessel:

(a)

shall immediately cease fishing and exit the area in which it is present;

(b) may not re-enter either of the areas until its catch has been landed;

(c) may not return to the sea any quantity of blue ling.

The observers referred to in Article 8 of Regulation (EC) No 2347/2002 assigned to fishing vessels present in one
the areas referred to in point 7.1 shall, in addition to their task in accordance with that Article, for appropriate
samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of
subsampled fish. Member States shall establish detailed sampling protocols and collation of results after
consultation of STECF.

8.

Technical conservation measures in the Irish Sea

8.1.

In the period from 14 February 2009 to 30 April 2009 it shall be prohibited to use any demersal trawl, seine or
similar towed net, any gill net, trammel net, tangle net or similar static net or any fishing gear incorporating hooks
within that part of ICES division VIIa enclosed by:

— the east coast of Ireland and the east coast of Northern Ireland, and

— straight lines sequentially joining the following geographical coordinates:

— a point on the east coast of the Ards peninsula in Northern Ireland at 54o 30' N,

— 54o 30' N, 04o 50' W,

— 53o 15' N, 04o 50' W,

— a point on the east coast of Ireland at 53o 15' N.

8.2.

By way of derogation from point 8.1, within the area and time period referred to therein:

(a)

the use of demersal otter trawls shall be permitted provided that no other type of fishing gear is retained on
board and that such nets:

(i)

are of mesh size either 70 mm to 79 mm or 80 mm to 99 mm; and

(ii)

are of only one of the permitted mesh size ranges; and

(iii)

(iv)

incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than
300 mm; and

are deployed only within an area enclosed by sequentially joining with rhumb lines the following
coordinates:

— 53o 30' N, 05o 30' W

— 53o 30' N, 05o 20' W

— 54o 20' N, 04o 50' W

— 54o 30' N, 05o 10' W

— 54o 30' N, 05o 20' W

— 54o 00' N, 05o 50' W

— 54o 00' N, 06o 10' W

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— 53o 45' N, 06o 10' W

— 53o 45' N, 05o 30' W

— 53o 30' N, 05o 30' W;

(b)

the use of separator trawls shall be permitted provided that no other type of fishing gear is retained on board
and that such nets:

(i)

comply with the conditions laid down in subparagraph (a)(i) to (iv); and

(ii)

are constructed in conformity with the technical details provided in the Annex of Council Regulation
(EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the
recovery of the stock of cod in the Irish Sea (ICES division VIIa) (1).

Furthermore, separator trawls may also be used within an area enclosed by rhumb lines sequentially joining the
following coordinates:

— 53o 45' N, 06o 00' W

— 53o 45' N, 05o 30' W

— 53o 30' N, 05o 30' W

— 53o 30' N, 06o 00' W

— 53o 45' N, 06o 00' W.

8.3.

The technical conservation measures referred to in Articles 3 and 4 of Regulation (EC) No 254/2002 shall apply.

9.

Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k, VIII, IX, X and XII

9.1.

9.2.

9.3.

For the purposes of this point, gillnet and entangling net means a gear made up of a single piece of net and held
vertically in the water. It catches living aquatic resources by gilling, entangling or enmeshing.

For the purposes of this point, trammel net means a gear made up of two or more pieces of net hung jointly in
parallel on a single headline and held vertically in the water.

Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted
depth is greater than 200 metres in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27o W, and as
from 1 October 2009 in ICES zones VIII, IX, X.

9.4.

By way of derogation from point 9.3 it shall be permitted to use the following gear:

(a)

(b)

Gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII east of 27o W with a mesh size equal to or
greater than 120 mm and less than 150 mm, gillnets in ICES Zones VIIIa, b, d and X with a mesh size equal
to or greater than 100 mm and less than 130 mm and gillnets in ICES Zones VIIIc and IX with a mesh size
equal to or greater than 80 mm and less than 110 mm provided that they are deployed in waters of less than
600 metres charted depth, are no more than 100 meshes deep, have a hanging ratio of not less than 0,5, and
are rigged with floats or equivalent floatation. The nets shall each be of a maximum of five nautical miles in
length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The
maximum soak time shall be 24 hours; or

Entangling nets with a mesh size equal to or greater than 250 mm, provided that they are deployed in waters
of less than 600 metres charted depth, are no more than 15 meshes deep, have a hanging ratio of not less
than 0,33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum
of 10 km in length. The total length of all nets deployed at any one time shall not exceed 100 km per vessel.
The maximum soak time shall be 72 hours;

(c)

Gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and XII East of 27o W with a mesh size equal to or
greater than 100 mm and less than 130 mm, provided that:

— they are deployed in waters of more than 200 meters charted depth and less than 600 meters charted

depth,

(1) OJ L 41, 13.2.2002, p. 1.

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— are no more than 100 meshes deep, have a hanging ratio of not less than 0,5,

— are rigged with floats or equivalent floatation,

— the nets shall each be of a maximum of four nautical miles in length, and the total length of all nets

deployed at any one time shall not exceed 20 km per vessel,

— the maximum soak time shall be 24 hours,

— no less than 85 % of the retained catch by weight is comprised of hake,

— the number of vessels participating in the fishery shall not increase above the level recorded in 2008,

— the master of the vessel participating in this fishery shall record in the log-book, prior to leaving port,
the quantity and total length of gear carried on board the vessel. A minimum of 15 % of departures
shall be subject to inspection,

— the master of the vessel must have on board 90 % of the gear as verified in the Community logbook for

that trip at the time of landing, and

— the quantity of all species caught greater than 50 kg, including all quantities discarded greater than

50 kg, must be recorded in the Community logbook.

However, this derogation shall not apply in the NEAFC Regulatory Area.

9.5.

9.6.

9.7.

Only one of the types of gear described in points 9.4(a) and 9.4(b) shall be carried aboard the vessel at any one time.
To allow for the replacement of lost or damaged gear, vessels may carry on board nets with a total length 20 %
greater than the maximum length of the fleets that may be deployed at any one time. All gear shall be marked in
accordance with Commission Regulation (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the
marking and identification of passive fishing gear and beam trawls (1).

All vessels deploying gillnets or entangling nets at any position where the charted depth is greater than 200 metres
in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27o W, and as from 1 October 2009 in ICES
Zones VIII, IX, X, must hold a special fixed net fishing permit issued by the flag Member State.

The master of a vessel with a fixed net permit referred to in point 9.6 shall record in the logbook the amount and
lengths of gear carried by a vessel before it leaves port and when it returns to port, and must account for any
discrepancy between the two quantities.

With regard to vessel benefiting from the derogation referred to in point 9.4(c) a minimum of 15 % of departures
shall be subject to inspection.

9.8.

The naval services or other competent authorities shall have the right to remove unattended gear at sea in ICES
Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27o W, and as from 1 October 2009 in ICES Zones VIII, IX,
X, in the following situations:

(a)

the gear is not properly marked;

(b)

the buoy markings or VMS data indicate that the owner has not been located at a distance less than
100 nautical miles from the gear for more than 120 hours;

(c)

the gear is deployed in waters with a charted depth greater than that permitted;

(d)

the gear is of an illegal mesh size.

9.9.

The master of a vessel with a fixed net permit referred to in point 9.6 shall be recorded in the logbook the following
information during each fishing trip:

— the mesh size of the net deployed,

— the nominal length of one net,

— the number of nets in a fleet,

— the total number of fleets deployed,

(1) OJ L 56, 2.3.2005, p. 8.

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— the position of each fleet deployed,

— the depth of each fleet deployed,

— the soak time of each fleet deployed,

— the quantity of any gear lost, its last known position and date of loss.

9.10.

Vessels fishing with a fixed net permit referred to in point 9.6 shall only be permitted to land in the ports
designated by the Member States in accordance with Article 7 of Regulation (EC) 2347/2002.

9.11.

The quantity of sharks retained on board by any vessel using the gear type described in point 9.4(b) shall be no
more than 5 % by live-weight of the total quantity of marine organisms retained on board.

9.12.

The Commission may decide, after consultation of the STECF, to exclude certain fisheries, in ICES Zones VIII, IX, X,
from application of points 9.1 to 9.11, where information provided by Member States shows that those fisheries
result in a very low level of shark by-catches and of discards.

10.

Reduction of whiting discards in the North Sea

10.1.

In the North Sea, Member States shall undertake in 2009 trials and experiments as necessary on technical
adaptations of the trawls, Danish seines or similar gears with a mesh size equal to or greater than 80 mm and less
than 90 mm in order to reduce the discards of whiting by at least 30 %.

10.2. Member States shall make the results of the trials and experiments laid down in point 10.1 available to the

Commission no later than 31 August 2009.

10.3.

The Council shall, on the basis of a proposal from the Commission, decide on appropriate technical adaptations to
reduce discards of whiting in conformity with the objective laid down in point 10.1.

11.

Reduction of cod discards in the North Sea

11.1. Member States which hold a cod quota shall undertake trials in 2009 on technical measures for towed gears to

reduce the proportion, in number of cod that is discarded to no more than 10 %.

11.2. Member States shall make the results of the trials laid down in point 11.1 available to the Commission before

31 December 2009.

12.

Condition for fisheries with certain towed gears authorised in the Bay of Biscay.

12.1.

By way of derogation of the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002 of
19 March 2002 establishing additional technical measures for recovery of the stock of hake in ICES zones III, IV, V,
VI and VII and ICES zones VIII a, b, d, e (1), it shall be permitted to conduct fishing activity using trawls, Danish
seines and similar gears, except beam trawls, of mesh size range 70 to 99 mm in the area defined in Article 5(1)(b)
of Regulation (EC) No 494/2002 if the gear is fitted with a square mesh window in accordance with Appendix 3 to
this Annex.

12.2. When fishing in zone VIII a and b it shall be permitted to use a selective grid and its attachments in front of the
codend and/or a square mesh panel with a mesh size equal or more than 60 mm in the lower part of the extension
piece in front of the codend. The provisions laid down in Articles 4(1), 6 and 9(1) of Regulation (EC) No 850/98
and in Article 3(a) and (b) of Regulation (EC) No 494/2002 shall not apply as regards the section of the trawl where
those selective devices are inserted.

13.

Restrictions on fishing for roundnose grenadier in ICES zone IIIa

Notwithstanding Regulation (EC) No 1359/2008, no directed fishery for roundnose grenadier shall be conducted in
ICES zone IIIa pending consultations between the European Community and Norway.

(1) OJ L 77, 20.3.2002, p. 8.

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14.

Fishing effort for deep sea species

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2009:

14.1. Member States shall ensure that fishing activities which lead to catches and retention on board of more than
10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered
in their territory shall be subject to a deep-sea fishing permit.

14.2.

It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep
sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-
sea permit.

15.

Interim measures for the protection of vulnerable deep-sea habitats

15.1.

It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and
long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall
be measured according to the WGS84 coordinate system:

The Hecate Seamounts:

— 52o 21.2866' N, 31o 09.2688' W

— 52o 20.8167' N, 30o 51.5258' W

— 52o 12.0777' N, 30o 54.3824' W

— 52o 12.4144' N, 31o 14.8168' W

— 52o 21.2866' N, 31o 09.2688' W;

The Faraday Seamounts:

— 50o 01.7968' N, 29o 37.8077' W

— 49o 59.1490' N, 29o 29.4580' W

— 49o 52.6429' N, 29o 30.2820' W

— 49o 44.3831' N, 29o 02.8711' W

— 49o 44.4186' N, 28o 52.4340' W

— 49o 36.4557' N, 28o 39.4703' W

— 49o 29.9701' N, 28o 45.0183' W

— 49o 49.4197' N, 29o 42.0923' W

— 50o 01.7968' N, 29o 37.8077' W;

Part of the Reykjanes Ridge:

— 55o 04.5327' N, 36o 49.0135' W

— 55o 05.4804' N, 35o 58.9784' W

— 54o 58.9914' N, 34o 41.3634' W

— 54o 41.1841' N, 34o 00.0514' W

— 54o 00.0'N, 34o 00.0' W

— 53o 54.6406' N, 34o 49.9842' W

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— 53o 58.9668' N, 36o 39.1260' W

— 55o 04.5327' N, 36o 49.0135' W;

The Altair Seamounts:

— 44o 50.4953' N, 34o 26.9128' W

— 44o 47.2611' N, 33o 48.5158' W

— 44o 31.2006' N, 33o 50.1636' W

— 44o 38.0481' N, 34o 11.9715' W

— 44o 38.9470' N, 34o 27.6819' W

— 44o 50.4953' N, 34o 26.9128' W;

The Antialtair Seamounts:

— 43o 43.1307' N, 22o 44.1174' W

— 43o 39.5557' N, 22o 19.2335' W

— 43o 31.2802' N, 22o 08.7964' W

— 43o 27.7335' N, 22o 14.6192' W

— 43o 30.9616' N, 22o 32.0325' W

— 43o 40.6286' N, 22o 47.0288' W

— 43o 43.1307' N, 22o 44.1174' W;

Hatton Bank:

— 59o 26' N, 14o 30' W

— 59o 12' N, 15o 08' W

— 59o 01' N, 17o 00' W

— 58o 50' N, 17o 38' W

— 58o 30' N, 17o 52' W

— 58o 30' N, 18o 22' W

— 58o 03' N, 18o 22' W

— 58o 03' N, 17o 30' W

— 57o 55' N, 17o 30' W

— 57o 45' N, 19o 15' W

— 58o 30' N, 18o 45' W

— 58o 47' N, 18o 37' W

— 59o 05' N, 17o 32' W

— 59o 16' N, 17o 20' W

— 59o 22' N, 16o 50' W

— 59o 21' N, 15o 40' W;

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Official Journal of the European Union

26.1.2009

North West Rockall:

— 57o 00' N, 14o 53' W

— 57o 37' N, 14o 42' W

— 57o 55' N, 14o 24' W

— 58o 15' N, 13o 50' W

— 57o 57' N, 13o 09' W

— 57o 50' N, 13o 14' W

— 57o 57' N, 13o 45' W

— 57o 49' N, 14o 06' W

— 57o 29' N, 14o 19' W

— 57o 22' N, 14o 19' W

— 57o 00' N, 14o 34' W

— 56o 56' N, 14o 36' W

— 56o 56' N, 14o 51' W;

South-West Rockall (Empress of Britain Bank):

— 56o 24' N, 15o 37' W

— 56o 21' N, 14o 58' W

— 56o 04' N, 15o 10' W

— 55o 51' N, 15o 37' W

— 56o 10' N, 15o 52' W;

Logachev Mound:

— 55o17' N 16o10' W

— 55o33' N 16o16' W

— 55o50' N 15o15' W

— 55o58' N 15o05' W

— 55o54' N 14o55' W

— 55o45' N 15o12' W

— 55o34' N 15o07' W;

West Rockall Mound:

— 57o 20' N, 16o 30' W

— 57o 05' N, 15o 58' W

— 56o 21' N, 17o 17' W

— 56o 40' N, 17o 50' W.

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15.2.

It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and
long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall
be measured according to the WGS84 coordinate system:

Belgica Mound Province:

— 51o 29,4' N; 11o 51,6' W

— 51o 32,4' N; 11o 41,4' W

— 51o 15,6' N; 11o 33' W

— 51o 13,8' N; 11o 44,4' W;

Hovland Mound Province:

— 52o 16,2' N; 13o 12,6' W

— 52o 24' N; 12o 58,2' W

— 52o 16,8' N; 12o 54' W

— 52o 16,8' N; 12o 29,4' W

— 52o 4,2' N; 12o 29,4' W

— 52o 4,2' N; 12o 52,8' W

— 52o 9' N; 12o 56,4' W

— 52o 9' N; 13o 10,8' W;

North-West Porcupine Bank Area I:

— 53o 30,6' N; 14o 32,4' W

— 53o 35,4' N; 14o 27,6' W

— 53o 40,8' N; 14o 15,6' W

— 53o 34,2' N; 14o 11,4' W

— 53o 31,8' N; 14o 14,4' W

— 53o 24' N; 14o 28,8' W;

North-West Porcupine Bank Area II:

— 53o 43,2' N; 14o 10,8' W

— 53o 51,6' N; 13o 53,4' W

— 53o 45,6' N; 13o 49,8' W

— 53o 36,6' N; 14o 7,2' W;

South-West Porcupine Bank:

— 51o 54,6' N; 15o 7,2' W

— 51o 54,6' N; 14o 55,2' W

— 51o 42' N; 14o 55,2' W

— 51o 42' N; 15o 10,2' W

— 51o 49,2' N; 15o 6' W.

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Official Journal of the European Union

26.1.2009

15.3. All Pelagic Vessels fishing in the protected areas for corals set out in point 15.2 must be on an authorised list of
vessels and be issued with a special fishing permit which must be held onboard. Such permits shall include all
information required in Regulation (EC) No 1627/94 and must be notified following the rules defined in Regulation
(EC) No 2943/95 setting out detailed rules for applying Regulation (EC) No 1627/94. Vessels included in the
authorised list shall carry on board exclusively pelagic gear.

15.4.

Pelagic vessels intending to fish in a protected area for corals as set out in point 15.2 must give four hours advance
notification of their intention to enter a protected area for corals to the Irish FMC. They shall at the same time notify
quantities retained on board.

15.5.

Pelagic vessels fishing in a protected area for corals as set out in point 15.2 must have an operational, fully
functioning secure VMS which complies fully with Regulation (EC) No 2244/2003 when in a protected area for
corals.

15.6.

Pelagic vessels fishing in a protected area for corals as set out in point 15.2 must make VMS reports every hour.

15.7.

Pelagic vessels who have concluded fishing in a protected area for corals as set out in point 15.2 must inform the
Irish FMC on departure from the area. They shall at the same time notify quantities retained on board.

15.8.

Fishing for pelagic species in a protected area for corals as set out in point 15.2 is restricted to having onboard or
fishing with nets with a mesh size in the range of 16 mm to 31 mm or 32 mm to 54 mm.

15.9

It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and
long-lines, within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be
measured according to the WGS84 coordinate system:

El Cachucho:

— 44o 12.00' N, 5o 16.00' W

— 44o 12.00' N, 4o 26.00' W

— 43o 53.00' N, 4o 26.00' W

— 43o 53.00' N, 5o 16.00' W

By way of derogation from the prohibition set out in the first paragraph, vessels having conducted fisheries with
bottom set long-lines in 2006, 2007 and 2008 targeting greater forkbeard (Phycis blennoides) may obtain from their
fishing authorities a special fishing permit allowing them to continue conducting that fishery in the area south of
44o00.00' N. All vessels having obtained this special fishing permit shall, independently from their overall length,
have in use an operational, fully functioning secure VMS which complies with Regulation (EC) No 2244/2003,
when conducting fisheries in the area of El Cachucho.

16.

Minimum size of Short-necked clam

By way of derogation from Article 17 of Regulation (EC) No 850/98, the minimum size for short-necked clam
(Ruditapes philippinarum) shall be 35 mm.

17.

Condition for certain creel fisheries in zone IXa (West Galicia)

By way of derogation from the prohibition laid down in Article 29b(1) of Regulation (EC) No 850/98, fishing with
creels that do not catch Norway lobster shall be authorised in the geographical areas and during the period set out
in Article 29b(1)(a) of Regulation (EC) No 850/98.

18.

Conditions for fishing for herring in zone VIa (Butt of Lewis)

The provisions laid down in Article 20(1)(d) of Regulation (EC) No 850/98 shall not apply in 2009.

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L 22/163

PART B

All EC waters

19.

Conditions regarding the release of common skate, undulate ray, white skate and angel shark

Common skate in EC waters of IIa, III, IV, VI, VII, VIII, IX and X, Undulate ray and White skate EC waters of VI, VII,
VIII, IX and X and Angel shark in all EC waters may not be retained on board. Catches of these species shall be
promptly released unharmed to the extent practicable.

Catches of Spurdog taken in absence of a quota or once the quota has been exhausted shall be promptly released
unharmed to the extent practicable.

Fishers shall be encouraged to develop and use techniques and equipment which, following consultation of STECF,
serve to facilitate the rapid and safe release of the species.

PART C

Eastern Central Atlantic

20.

Minimum size for octopus

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of
third countries and situated in the CECAF (FAO Fishery Committee for the Eastern Central Atlantic) region shall be
450 g (gutted). Octopus under the minimum size of 450 g (gutted) shall not be retained on board or be
transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the
sea.

PART D

Eastern Pacific Ocean

21.

Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)

21.1.

The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack
tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 28 September 2009, or, 10 November 2009
to 31 December 2010 in the area defined by the following limits:

— the Pacific coastlines of the Americas,

— longitude 150o W,

— latitude 40o N,

— latitude 40o S.

21.2.

The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2009. All
the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the
period selected.

21.3.

Purse seiners fishing for tuna in the Regulatory Area of the IATTC shall retain on board and then land all bigeye,
skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than
size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to
accommodate all the tuna caught in that set.

21.4

The fishing by purse seine vessels for bigeye, skipjack and yellowfin tuna shall be prohibited from 29 September to
29 October 2009 in the area defined by the following limits:

— longitude 94o W,

— longitude 110o W,

— latitude 3o N,

— latitude 5o S.

L 22/164

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Official Journal of the European Union

26.1.2009

PART E

Eastern Pacific Ocean and Western and Central Pacific Ocean

22.

Special measures for the Eastern, Western and Central Pacific Ocean

In the Eastern, Western and Central Pacific Ocean purse seine vessels shall promptly release unharmed, to the extent
practicable, all sea turtles, sharks, billfishes, rays, dorado, and other non-target species. Fishers shall be encouraged
to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals.

23.

Specific measures applying to encircled or entangled sea turtles

In the Eastern, Western and Central Pacific Ocean the following specific measures shall apply:

(a)

(b)

(c)

whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it
becomes entangled in the net, including, if necessary, the deployment of a speedboat;

if a turtle is entangled in the net, net roll should stop as soon as the turtle comes out of the water and should
not start again until the turtle has been disentangled and released;

if a turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle should be
made before returning it to the water;

(d)

tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea;

(e)

the release, when practicable, of sea turtles entangled in Fish Aggregating Devices (FADs) and other fishing
gear is encouraged;

(f)

the recovery of FADs which are not being used in the fishery is also encouraged.

PART F

North East Atlantic

24.

Special measures for the redfish fishery in international waters of ICES zones I and II

The following measures shall apply to the fishery for redfish (Sebastes mentella) in international waters of ICES
zones I and II:

(a)

(b)

(c)

(d)

A directed fishery for redfish is only permitted within the period from 15 August to 15 November 2009 by
vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area;

The Commission shall inform Member States of the date on which the Secretariat of NEAFC has notified
NEAFC Contracting Parties that the TAC has been fully utilised. From this date Member States shall prohibit
directed fishery for redfish by vessels flying their flag;

By way of derogation from Article 6(1)(b) of Council Regulation (EC) No 2791/1999 of 16 December 1999
laying down certain control measures applicable in the area covered by the Convention on future multilateral
cooperation in the north-east Atlantic fisheries (1) masters of fishing vessels engaged in this fishery shall
report their catches on a daily basis;

In addition to the provisions of Article 4 of Regulation (EC) No 2791/1999, an authorisation to fish for
redfish shall only be valid if the reports transmitted by vessels in accordance with Article 6(1) of Regulation
(EC) No 2791/1999 are forwarded to the NEAFC Secretariat in accordance with Article 6(2) of Regulation
(EC) No 2791/1999;

(e)

Vessels shall limit their by-catches of redfish in other fisheries to a maximum of 1 % of the total catch retained
on board;

(f) Member States shall ensure that scientific information is collected by scientific observers on board vessels
flying their flag. As a minimum the information collected shall include representative sex, age and length
composition data by depths. This information shall be reported to ICES.

(1) OJ L 337, 30.12.1999, p. 1.

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L 22/165

Appendix 1 to Annex III

TOWED GEARS: Skagerrak and Kattegat

Mesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range

Mesh size range (mm)

<16

16-31

32-69

35-69

70-89
(5)

≥90

Species

Minimum percentage of target species

50 %
(6)

50 %
(6)

20 %
(6)

50 %
(6)

20 %
(6)

20 %
(7)

30 %
(8)

none

Sandeel (Ammodytidae) (3)

x

Sandeel (Ammodytidae) (4)

Norway pout (Trisopterus esmarkii)

Blue whiting (Micromesistius poutassou)

Greater weever (Trachinus draco) (1)

Molluscs (except Sepia) (1)

Garfish (Belone belone) (1)

Gray gurnard (Eutrigla gurnardus) (1)

Argentine (Argentina spp.)

Sprat (Sprattus sprattus)

Eel (Anguilla, anguilla)

Common shrimp/Baltic shrimp (Crangon
spp., Palaemon adspersus) (2)

Mackerel (Scomber spp.)

Horse mackerel (Trachurus spp.)

Herring (Clupea harengus)

Northern shrimp (Pandalus borealis)

Common shrimp/Baltic shrimp (Crangon
spp., Palaemon adspersus) (1)

Whiting (Merlangius merlangus)

Norway lobster (Nephrops norvegicus)

All other marine organisms

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

x

(1) Only within four miles from the baselines.
(2) Outside four miles from the baselines.
(3)
(4)
(5) When applying this mesh size range the codend shall be constructed of square meshed netting with a sorting grid in accordance with

From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.
From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.

Appendix 2 to this Annex.

(6) The catch retained on board shall consist of no more than 10 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole,

turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.

(7) The catch retained on board shall consist of no more than 50 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole,

turbot, brill, flounder, herring, mackerel, megrim, dab, saithe, Norway lobster and lobster.

(8) The catch retained on board shall consist of no more than 60 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole,

turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.

L 22/166

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Official Journal of the European Union

26.1.2009

Appendix 2 to Annex III

Specifications for the Sorting grid for 70 mm trawl fishery

(a)

(b)

(c)

(d)

(e)

The species selective grid shall be attached in trawls with full square mesh codend with a mesh size equal to or larger
than 70 mm and smaller than 90 mm. The minimum length of the codend shall be 8 m. It shall be prohibited to use
any trawl having more than 100 square meshes in any circumference of the codend, excluding the joining or the
selvedges.

The grid shall be rectangular. The bars of the grid shall be parallel to the longitudinal axis of the grid. The bar spacing
of the grid shall not exceed 35 mm. It shall be permitted to use one or more hinges in order to facilitate its storage on
the net drum.

The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to
the anterior end of the untapered section. All sides of the grid shall be attached to the trawl.

In the upper panel of the trawl there shall be an unblocked fish outlet in immediate connection to the upper side of
the grid. The opening of the fish outlet shall have the same width in the posterior side as the width of the grid and
shall be cut out to a tip in the anterior direction along mesh bars from both sides of the grid.

It shall be permitted to attach in front of the grid a funnel to lead the fish towards the trawl floor and grid. The
minimum mesh size of the funnel shall be 70 mm. The minimum vertical opening of the guiding funnel towards the
grid shall be 15 cm. The width of the guiding funnel towards the grid shall be the grid width.

Schematic illustration of a size and species selective trawl. Entering fish is led towards the trawl floor and grid via a
leading funnel. Larger fish is then led out of the trawl by the grid while smaller fish and Norway lobster pass through
the grid and enter the codend. The full square mesh codend enhance escapement of small fish and undersized Norway
lobster.

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L 22/167

Appendix 3 to Annex III

Condition for fisheries with certain towed gears authorised in the Bay of Biscay

(a)

Specifications of the top square mesh window

Specifications of 100 mm, measured as inner opening, square mesh window in the rear tapered section of the trawl,
Danish seine or similar gear with a mesh size equal to or larger than 70 mm and smaller than 100 mm.

The window shall be a rectangular section of netting. There shall be only one window. The window shall not be
obstructed in any way by either internal or external attachments.

(b)

Location of the window

The window shall be inserted into the middle of the top panel of the rear tapered section of the trawl just in front of
the untapered section constituted by the extension piece and the codend.

The window shall terminate not more than 12 meshes from the hand braided row of meshes between the extension
piece and the rear tapered section of the trawl.

(c)

Size of the window

The length and the width of the window shall be at least 2 m and at least 1 m respectively.

(d) Netting of the window

The meshes shall have a minimum mesh opening of 100 mm. The meshes will be square meshes, i.e. all four sides of
the window netting shall be cut all bars.

The netting shall be mounted such that the bars run parallel and perpendicular to the longitudinal axis of the codend.

The netting shall be single twine. The twine thickness shall be not more than 4 mm.

(e)

Insertion of the window into the diamond meshes netting

It shall be permitted to attach a selvedge on the four sides of the window. The diameter of this selvedge shall be no
more than 12 mm.

The stretched length of the window shall be equal to the strength length of the diamond meshes attached to the
longitudinal side of the window.

The number of diamond meshes of the top panel attached to the smallest side of the window (i.e. one metre long side
which is perpendicular to the longitudinal axis of the codend) shall be at least the number of full diamond meshes
attached to the longitudinal side of the window divided by 0,7.

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Official Journal of the European Union

26.1.2009

(f)

Other

The insertion of the window into the trawl is illustrated below.

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Official Journal of the European Union

L 22/169

Appendix 4 to Annex III

Specifications of the large mesh trawl

The gear shall be designed to reduce the catches of cod to low levels while retaining other whitefish such as haddock and
whiting, compared to traditional whitefish trawls. For the purposes of this Annex, a large mesh trawl is one that is
constructed in accordance with the specifications described below:

1.

2.

The first belly (attached to the footrope), the top and bottom wings must be at least two meshes long. For these net
sections the stretched length of any single mesh must be at least 240 cm.

Each mesh in the first upper panel (attached to the headline) and in the second belly must be at least 80 cm. Each
mesh in the second upper panel and the third bottom belly must be at least 20 cm.

L 22/170

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Official Journal of the European Union

26.1.2009

Appendix 5 to Annex III

1.

Specifications of the top square mesh window

The window shall be a rectangular section of netting. The netting shall be single twine. The meshes shall be square
meshes, i.e. all four sides of the window netting shall be cut all bars. The mesh size shall be equal or more than
120 mm. The length of the window shall be at least 3 m.

2.

Location of the window

The window shall be inserted into the top panel of the codend. The window shall terminate no more than 12 m from
the codline.

3.

Insertion of the window into the diamond meshes netting

There shall be no more than two open diamond meshes between the longitudinal side of the window and the adjacent
selvedge. The strength length of the window shall be equal to the strength length of the diamond meshes attached to
the longitudinal side of the window. The joining rate between the diamond meshes of the top panel of the codend and
the smallest side of the window shall be three diamond meshes to one a square mesh for 80 mm codend, or two
diamond meshes to one square mesh for 120 mm codend, except for edge bars of the window from both sides.

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Official Journal of the European Union

L 22/171

Appendix 6 to Annex III

Square mesh window for vessels of less than 15 metres

1.

Specifications of the top square mesh window

The window shall be a rectangular section of netting. The netting shall be single twine. The meshes shall be square
meshes, i.e. all four sides of the window netting shall be cut all bars. The mesh size shall be equal or more than
110 mm. The length of the window shall be at least 3 m.

2.

Location of the window

The window shall be inserted into the top panel of the codend. The window shall terminate no more than 12 m from
the codline.

3.

Insertion of the window into the diamond meshes netting

There shall be no more than two open diamond meshes between the longitudinal side of the window and the adjacent
selvedge. The strength length of the window shall be equal to the strength length of the diamond meshes attached to
the longitudinal side of the window. The joining rate between the diamond meshes of the top panel of the codend and
the smallest side of the window shall be two diamond meshes to one a square mesh, except for edge bars of the
window from both sides.

L 22/172

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Official Journal of the European Union

26.1.2009

ANNEX IV

PART I

Quantitative limitations of fishing authorisations for Community vessels fishing in third-country waters

Area of fishing

Fishery

Number of
fishing author-
isations

Allocation of fishing
authorisations
amongst Member
States

Maximum num-
ber of vessels
present at any
time

Norwegian waters
and fishery zone
around Jan Mayen

Herring, North of 62o00'N

Demersal species, North of 62o00'N

Mackerel, South of 62o00'N, purse seine
fishery

93

80

11

DK: 32, DE: 6,
FR: 1, IRL: 9, NL:
11, SW: 12, UK:
21, PL: 1

FR: 18, PT: 9, DE:
16, ES: 20, UK:
14, IRL: 1

69

50

DE: 1 (1), DK:
2653, FR: 253,
NL: 153

not relevant

Mackerel, South of 62o00'N, trawl fishery

19

not relevant

Mackerel, North of 62o00'N, purse seine
fishery

11 (2)

DK: 11

not relevant

Industrial species, South of 62o00'N

480

DK: 450, UK: 30

150

Waters of the Faroe
Islands

All trawl fisheries with vessels of not more
than 180 feet in the zone between 12 and
21 miles from the Faroese baselines

26

BE: 0, DE: 4, FR:
4, UK: 18

Directed fishing for cod and haddock with
a minimum mesh of 135 mm, restricted to
the area south of 62o28'N and east of
6o30'W

8 (3)

13

4

26

Trawling outside 21 miles from the
Faroese baseline. In the periods 1 March to
31 May and 1 October to 31 December,
these vessels may operate in the area
between 61o20'N and 62o00'N and
between 12 and 21 miles from the
baselines.

Trawl fisheries for blue ling with a
minimum mesh of 100 mm in the area
south of 61o30'N and west of 9o00'W and
in the area between 7o00'W and 9o00'W
south of 60o30'N and in the area south-
west of a line between 60o30'N, 7o00'W
and 60o00'N, 6o00'W.

70

BE: 0, DE: 10, FR:
40, UK: 20

70

DE: 8 (4), FR:
1256, UK: 01

20 (5)

26.1.2009

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Official Journal of the European Union

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Area of fishing

Fishery

Number of
fishing author-
isations

Allocation of fishing
authorisations
amongst Member
States

Maximum num-
ber of vessels
present at any
time

Directed trawl fishery for saithe with a
minimum mesh size of 120 mm and with
the possibility to use round-straps around
the codend.

Fisheries for blue whiting. The total
number of fishing authorisations may be
increased by four vessels to form pairs,
should the Faroese authorities introduce
special rules of access to an area called
‘main fishing area of blue whiting’

Line fishing

Fishing for mackerel

Herring fisheries north of 61oN

70

36

10

12

21

222

20

6

12

21

DE: 3, DK: 19,
FR: 2, UK: 5,
NL: 5

UK: 10

DK: 12

DE: 1, DK: 7, FR:
0, UK: 5, IRL: 2,
NL: 3, SW: 3

(1) This allocation is valid for purse and trawl fisheries.
(2) To be selected from the 11 fishing authorisations for purse seine fishery for mackerel South of 62o00'N.
(3)

Following the Agreed Record of 1999, the figures for the Directed fishing for cod and haddock are included in the figures for ‘All trawl
fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines’.

(4) These figures refer to the maximum number of vessels present at any time.
(5) These figures are included in the figures for ‘Trawling outside 21 miles from the Faroese baselines’.

L 22/174

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Official Journal of the European Union

26.1.2009

PART II

Quantitative limitations of fishing authorisations for third-country fishing vessels in Community waters

Flag State

Fishery

Number of fishing
authorisations

Maximum number of
vessels present at any
time

Norway

Herring, North of 62o00'N

Faeroe Islands

Mackerel, VIa (north of 56o30'N), VIIe, f,h,
horse mackerel, IV, VIa (north of 56o30'N),
VIIe, f,h; herring, VIa (north of 56o30'N)

Herring north of 62o00'N

Herring, IIIa

Industrial fishing for Norway pout and sprat,
IV, VIa (north of 56o30'N): sandeel, IV
(including unavoidable by-catches of blue
whiting)

Ling and tusk

Blue whiting, II, VIa (north of 56o30'N), VIb,
VII (west of 12o00'W)

Blue ling

Venezuela

Snappers (1) (French Guyana waters)

Sharks (French Guyana waters)

20

14

21

4

15

20

20

16

41

4

20

14

21

4

15

10

20

16

pm

pm

(1) To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at depths
greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship owner applying
for the licence and a processing undertaking situated in the Department of French Guyana, and that it includes and obligation to land at
least 75 % of all snapper catches, or 50 % of all shark catches from the vessel concerned in that department so that they may be
processed in that undertaking's plant.
The contract referred to above must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual
capacity of the contracting processing undertaking and with the objectives for the development of the Guyanese economy. A copy of the
duly endorsed contract shall be appended to the licence application.
Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their reasons for
it to the party concerned and to the Commission.

26.1.2009

EN

Official Journal of the European Union

L 22/175

PART III

Declaration pursuant to Article 25(2)

L 22/176

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Official Journal of the European Union

26.1.2009

LOGBOOK TO BE KEPT BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS

ANNEX V

PART I

Information to be recorded in the logbook

When fishing is carried out within the 200-nautical-mile zone off the coasts of the Member States of the Community which
is covered by Community rules on fisheries, the following details are to be entered in the log-book immediately after the
following events:

After each haul:

1.1.

the quantity (in kilograms live-weight) of each species caught;

1.2.

the date and the time of the haul;

1.3.

the geographical position in which the catches were made;

1.4.

the fishing method used.

After each trans-shipment to or from another vessel:

2.1.

the indication ‘received from’ or ‘transferred to’;

2.2.

the quantity (in kilograms live-weight) of each species trans-shipped;

2.3.

the name, external identifications letters and numbers of the vessel to or from which the trans-shipment occurred;

2.4.

trans-shipment of cod is not allowed.

After each landing in a port of the Community:

3.1.

the name of the port;

3.2.

the quantity (in kilograms live-weight) of each species landed.

After each transmission of information to the Commission of the European Communities:

4.1.

the date and time of the transmission;

4.2.

the type of message: ‘catch on entry’, ‘catch on exit’, ‘catch’, ‘transhipment’;

4.3.

in the case of radio transmission: name of the radio station.

26.1.2009

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Official Journal of the European Union

L 22/177

PART II

L 22/178

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Official Journal of the European Union

26.1.2009

INFORMATION TO BE TRANSMITTED TO THE COMMISSION BY THIRD-COUNTRY VESSELS FISHING IN
COMMUNITY WATERS

ANNEX VI

1.

The information to be transmitted to the Commission of the European Communities and the timetable for its
transmission is as follows:

1.1. On each occasion a vessel commences a fishing trip (1) in Community waters it shall send a ‘catch on entry’

message specifying the following

SR

AD

SQ

TM

RC

TN

NA

IR

XR

LT (4)

LG (4)

LI

LN

RA

OB

DA

TI

MA

ER

m (2)

(= start of record)

m

m

m

m

XEU (= to Commission of the European Communities)

(serial number of message in current year)

COE (= ‘catch on entry’)

(international radio call sign)

o (3)

(fishing trip serial number in the year)

o

m

m

o (5)

o (5)

o

o

m

m

m

m

m

m

(name of the vessel)

(Flag state as ISO-3 country code, where applicable followed by a unique reference
number, if any, as applied in the flag state)

(external identification letters; side number of the vessel)

(latitude position of the vessel at time of transmission)

(longitude position of the vessel at time of transmission)

(estimated latitude position where the master intends to commence fishing, degrees
or decimal presentation)

(estimated longitude position where the master intends to commence fishing, degrees
or decimal presentation)

(relevant ICES area)

(quantity by species on board, in the hold, in pairs as needed: FAO code + live weight
in kilograms, rounded to the nearest 100 kilograms)

(date of transmission in yyyymmdd format)

(time of transmission in hhmm format)

(name of the master of the vessel)

(= end of record)

1.2. On each occasion a vessel terminates a fishing trip (6) in Community waters it shall send a ‘catch on exit’

message specifying the following:

SR

AD

SQ

TM

RC

TN

NA

IR

XR

LT (7)

m

m

m

m

m

o

o

m

m

(= start of record)

XEU (= to Commission of the European Communities)

(serial number of message for that vessel in current year)

COX (= ‘catch on exit’)

(international radio call sign)

(fishing trip serial number in the year)

(name of the vessel)

(Flag state as ISO-3 country code, where applicable followed by a unique reference
number, if any, as applied in the flag state)

(external identification letters; side number of the vessel)

o (8)

(latitude position of the vessel at time of transmission)

(1) A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the
Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.

(2) m = mandatory.
(3)
o = optional.
(4)
LT, LG: must be specified as decimal figure, 3 figures after the decimal point.
(5) Optional if a vessel is subject to satellite tracking.
(6) A fishing trip means a voyage commencing when a vessel intending to fish enters the 200-nautical-mile zone off the coasts of the
Member States of the Community which is covered by the Community rules on fisheries and terminating when a vessel leaves that zone.
LT, LG: must be specified as decimal figure, 3 figures after the decimal point.

(7)
(8) Optional if a vessel is subject to satellite tracking.

26.1.2009

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Official Journal of the European Union

L 22/179

LG (1)

o (2)

(longitude position of the vessel at time of transmission)

RA

CA

OB

DF

DA

TI

MA

ER

m

m

o

o

m

m

m

m

(relevant ICES area where catches were taken)

(catch quantity by species since last report in pairs as needed: FAO code + live weight
in kilograms, rounded to the nearest 100 kilograms)

(quantity by species on board, in the hold, in pairs as needed: FAO code + live weight
in kilograms, rounded to the nearest 100 kilograms)

(days fished since last report)

(date of transmission in yyyymmdd format)

(time of transmission in hhmm format)

(name of the master of the vessel)

(= end of record)

1.3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1
when fishing for herring and mackerel, and in weekly intervals, commencing the seventh day after the vessel
first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel, a ‘catch
report’ message has to be sent, specifying:

SR

AD

SQ

TM

RC

TN

NA

IR

XR

LT (3)

LG (3)

RA

CA

OB

DF

DA

TI

MA

ER

m

m

m

m

m

o

o

m

m

o (4)

o (4)

m

m

o

o

m

m

m

m

(= start of record)

XEU (= to Commission of the European Communities)

(serial number of message for that vessel in current year)

CAT (= ‘catch report’)

(international radio call sign)

(fishing trip serial number in the year)

(name of the vessel)

(Flag state as ISO-3 country code, where applicable followed by a unique reference
number, if any, as applied in the flag state)

(external identification letters; side number of the vessel)

(latitude position of the vessel at time of transmission)

(longitude position of the vessel at time of transmission)

(relevant ICES area where catches were taken)

(catch quantity by species since last report in pairs as needed: FAO code + live weight
in kilograms, rounded to the nearest 100 kilograms)

(quantity by species on board, in the hold, in pairs as needed: FAO code + live weight
in kilograms, rounded to the nearest 100 kilograms)

(days fished since last report)

(date of transmission in yyyymmdd format)

(time of transmission in hhmm format)

(name of the master of the vessel)

(= end of record)

1.4. Whenever a trans-shipment is planned between the ‘catch on entry’ and ‘catch on exit’ message and apart from
the ‘catch report’ messages, an additional ‘trans-shipment’ message has to be sent minimum 24 hours in
advance, specifying:

SR

AD

SQ

TM

RC

TN

NA

IR

m

m

m

m

m

o

o

m

(= start of record)

XEU (= to Commission of the European Communities)

(serial number of message for that vessel in current year)

TRA (= ‘trans-shipment’)

(international radio call sign)

(fishing trip serial number in the year)

(name of the vessel)

(Flag state as ISO-3 country code, where applicable followed by a unique reference
number, if any, as applied in the flag state)

LT, LG: must be specified as decimal figure, 3 figures after the decimal point.

(1)
(2) Optional if a vessel is subject to satellite tracking.
(3)
(4) Optional if a vessel is subject to satellite tracking.

LT, LG: must be specified as decimal figure, 3 figures after the decimal point.

L 22/180

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Official Journal of the European Union

26.1.2009

XR

KG

TT

TF

m

m

m

m

(external identification letters; side number of the vessel)

(quantity by species on- or off-loaded in pairs as needed: FAO code + live weight in
kilograms, rounded to the nearest 100 kilograms)

(international radio call sign of the receiving vessel)

(international radio call sign of the donor vessel)

LT (1)

LG (1)

m/o (2), (3)

m/o (2), (3)

(predicted latitude position of the vessel where the trans-shipment is planned)

(predicted longitude position of the vessel where the trans-shipment is planned)

PD

PT

DA

TI

MA

ER

m

m

m

m

m

m

(predicted date when the trans-shipment is planned)

(predicted time when the trans-shipment is planned)

(date of transmission in yyyymmdd format)

(time of transmission in hhmm format)

(name of the master of the vessel)

(= end of record)

2.

Form of the communication

Unless point 3.3 is applied (see below), the information specified above under point 1 shall be transmitted respecting
the codes and ordering of data as specified above; in particular,

— the text ‘VRONT’ must be placed in the subject line of the message,

— each data item will be placed on a new line,

— the data itself will be preceded by the indicated code, separated from each-other by a space.

Example (with fictitious data):

SR

AD

SQ

TM

RC

TN

NA

IR

XR

LT

LO

RA

OB

DA

MA

TI

ER

XEU

1

COE

IRCS

1

VESSEL NAME EXAMPLE

NOR

PO 12345

+65.321

-21.123

04A.

COD 100 HAD 300

20051004

CAPTAIN NAME EXAMPLE

1315

3.

Communication scheme

3.1. The information specified under point 1 shall be transmitted by the vessel to the Commission of the European
Communities in Brussels by Telex (SAT COM C 420599543 FISH), electronic mail (FISHERIES-telecom@ec.
europa.eu) or via one of the radio stations listed under point 4 below and in the form specified under point 2.

3.2.

If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be
transmitted on the vessel's behalf by another vessel.

LT, LG: must be specified as decimal figure, 3 figures after the decimal point.

(1)
(2) Optional if a vessel is subject to satellite tracking.
(3) Optional for the receiving vessel.

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Official Journal of the European Union

L 22/181

3.3.

In the case a Flag State has the technical capability to send all above messages and contents in the so-called NAF-
format on behalf of its operating vessels, that Flag State may — after bilateral agreement between the Flag State
and the Commission — transmit this information via a secured transmission protocol to the Commission of the
European Communities in Brussels. In that case, some extra information will be added — as a kind of envelope
— to the transmission (after the AD information)

FR

RN

RD

RT

m

m

m

m

(from; party alfa ISO-3 country code)

(serial number of the record for the relevant year)

(date of transmission in yyyymmdd format)

(time of transmission in hhmm format)

Example (with data of above)

//SR//AD/XEU//FR/NOR//RN/5//RD/20051004//RT/1320//SQ/1//TM/COE//RC/IRCS//TN/1//NA/VESSEL
NAME EXAMPLE//IR/NOR//XR/PO 12345//LT/+65.321//LG/-21.123//RA/04A.//OB/COD 100 HAD 300//DA/
20051004//TI/1315//MA/CAPTAIN NAME EXAMPLE//ER//

The Flag State will receive a ‘return message’ specifying:

SR

AD

FR

RN

TM

SQ

RC

RS

RE

DA

TI

ER

m

m

m

m

m

m

m

m

m

m

m

m

(= start of record)

(ISO-3 country code of Flag State)

XEU (= to Commission of the European Communities)

(serial number of message in current year for which a ‘return message’ is sent)

RET (= ‘return’)

(serial number of original message for that vessel in current year)

(international radio call sign mentioned in original message)

(return status — ACK or NAK)

(return error number)

(date of transmission in yyyymmdd format)

(time of transmission in hhmm format)

(= end of record)

4.

Name of the radio station

Name of radio station

Call sign of radio station

Lyngby

Land's End

Valentia

Malin Head

Torshavn

Bergen

Farsund

Florø

Rogaland

Tjøme

Ålesund

Ørlandet

Bodø

Svalbard

OXZ

GLD

EJK

EJM

OXJ

LGN

LGZ

LGL

LGQ

LGT

LGA

LFO

LPG

LGS

Stockholm Radio

STOCKHOLM RADIO

Turku

OFK

L 22/182

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Official Journal of the European Union

26.1.2009

5.

Code to be used to indicate the species

Alfonsinos (Beryx spp.)

American plaice (Hippoglossoides platessoides)

Anchovy (Engraulis encrasicolus)

Angler/Monk (Lophius spp.)

Argentine (Argentina silus)

Atlantic pomfret (Brama brama)

Basking shark (Cetorinhus maximus)

Black scabbardfish (Aphanopus carbo)

Blue ling (Molva dypterygia)

Blue whiting (Micromesistius poutassou)

Bob shrimp (Xiphopenaeus kroyeri)

Cod (Gadus morhua)

Common shrimp (Crangon crangon)

Common squid (Loligo spp.)

Dogfish (Squalus acanthias)

Forkbeards (Phycis spp.)

Greenland halibut (Reinhardtius hippoglossoides)

Haddock (Melanogrammus aeglefinus)

Hake (Merluccius merluccius)

Halibut (Hippoglossus hippoglussus)

Herring (Clupea harengus)

Horse-mackerel (Trachurus trachurus)

Ling (Molva Molva)

Mackerel (Scomber Scombrus)

Megrim (Lepidorhombus spp.)

Nortern deep-water prawn (Pandalus borealis)

Norway lobster (Nephrops norvegicus)

Norway pout (Trisopterus esmarkii)

Orange roughy (Hoplostethus atlanticus)

Other

Plaice (Pleuronectes platessa)

Pollack (Pollachius pollachius)

Porbeagle (Lamma nasus)

Redfish (Sebastes spp.)

Red seabream (Pagellus bogaraveo)

Roundnose grenadier (Coryphaenoides rupestris)

Saithe (Pollachius virens)

Salmon (Salmo salar)

Sandeel (Ammodytes spp.)

Sardine (Sardina pilchardus)

Shark (Selachii, Pleurotremata)

Shrimp (Penaeidae)

Sprat (Sprattus sprattus)

Squid (Illex spp.)

Tuna (Thunnidae)

Tusk (Brosme brosme)

Whiting (Merlangus merlangus)

Yellowtail flounder (Limanda ferruginea)

ALF

PLA

ANE

MNZ

ARG

POA

BSK

BSF

BLI

WHB

BOB

COD

CSH

SQC

DGS

FOR

GHL

HAD

HKE

HAL

HER

HOM

LIN

MAC

LEZ

PRA

NEP

NOP

ORY

OTH

PLE

POL

POR

RED

SBR

RNG

POK

SAL

SAN

PIL

SKH

PEZ

SPR

SQX

TUN

USK

WHG

YEL

26.1.2009

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L 22/183

6.

Codes to be used to indicate the relevant area.

02A.

02B.

03A.

03B.

03C.

03D.

04A.

04B.

04C.

05A.

05B.

06A.

06B.

07A.

07B.

07C.

07D.

07E.

07F.

07G.

07H.

07J.

07K.

08A.

08B.

08C.

08D.

08E.

09A.

09B.

14A.

14B.

ICES division IIa — Norwegian Sea

ICES division IIb — Spitzbergen and Bear Island

ICES division IIIa — Skagerrak and Kattegat

ICES division IIIb

ICES division IIIc

ICES division IIId — Baltic Sea

ICES division IVa — Northern North Sea

ICES division IVb — Central North Sea

ICES division IVc — Southern North Sea

ICES division Va — Iceland Grounds

ICES division Vb — Faroes Grounds

ICES division VIa — Northwest coast of Scotland and North Ireland

ICES division VIb — Rockall

ICES division VIIa — Irish Sea

ICES division VIIb — West of Ireland

ICES division VIIc — Porcupine Bank

ICES division VIId — Eastern Channel

ICES division VIIe — Western English Channel

ICES division VIIf — Bristol Channel

ICES division VIIg — Celtic Sea North

ICES division VIIh — Celtic Sea South

ICES division VIIj — South-West of Ireland — East

ICES division VIIk — South-West of Ireland — West

ICES division VIIIa- Bay of Biscay — North

ICES division VIIIb — Bay of Biscay — Central

ICES division VIIIc — Bay of Biscay — South

ICES division VIIId — Bay of Biscay — Offshore

ICES division VIIIe — Bay of Biscay — West Bay

ICES division IXa — Portuguese waters — East

ICES division IXb — Portuguese waters — West

ICES division XIVa — North-East Greenland

ICES division XIVb — South-East Greenland

7.

In addition to the provisions laid down in points 1 to 6 the following provisions shall apply to third-country vessels
intending to fish for blue whiting in Community waters:

(a)

Vessels that already have catch on board may only commence their fishing trip after having received
authorisation from the competent authority of the coastal Member State concerned. At least four hours prior to
entering Community waters the master of the vessel shall notify as appropriate one of the following Fisheries
Monitoring Centres:

(i)

(ii)

UK (Edinburgh) by e-mail at the following address: ukfcc@scotland.gsi.gov.uk or by telephone (+44 131
271 9700); or

Ireland (Haulbowline) by e-mail at the following address: nscstaff@eircom.net or by telephone (+353 87
236 5998).

The notification shall specify the name, international radio call sign and port letters and number (PLN) of the
vessel, the total quantity by species on board and the position (longitude/latitude) where the master estimates
that the vessel will enter Community waters as well as the area where he intends to commence fishing. The
vessel shall not commence fishing until it has received acknowledgement of the notification and instructions on
whether or not the master is required to present the vessel for inspection. Each acknowledgement shall have a
unique authorisation number which the master shall retain until the fishing trip is terminated.

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Official Journal of the European Union

26.1.2009

Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified
circumstances require a master to present his vessel for inspection in port.

(b)

(c)

Vessels that enter Community waters with no catch on board shall be exempt from the requirements laid down
in point (a).

By way of derogation from the provisions of point 1.2, the fishing trip shall be considered as being terminated
when the vessel leaves Community waters or enters a Community port where its catch is fully discharged.

Vessels shall only leave Community waters after passing through one of the following control routes:

A.

ICES rectangle 48 E2 in zone VIa;

B.

ICES rectangle 46 E6 in zone IVa;

C.

ICES rectangles 48 E8, 49 E8 or 50 E8 in zone IVa.

The master of the vessel shall give at least four hours' prior notification of entering one of the afore mentioned
control routes to the Fisheries Monitoring Centre in Edinburgh by e-mail or telephone as provided for in
point 1. The notification shall specify the name, international radio call sign and port letters and number (PLN)
of the vessel, the total quantity by species on board and the control route through which the vessel intends to
pass.

The vessel shall not leave the area within the control route until it has received acknowledgement of the
notification and instructions on whether or not the master is required to present the vessel for inspection. Each
acknowledgement shall have a unique authorisation number which the master shall retain until the vessel leaves
Community waters.

Notwithstanding any inspections that may be carried out at sea the competent authorities may in duly justified
circumstances require a master to present his vessel for inspection in the ports of Lerwick or Scrabster.

(d)

Vessels that transit through Community waters must stow their nets so that they may not readily be used in
accordance with the following conditions:

(i)

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

(ii)

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

ANNEX VII

ANNEX 1

Map of GFCM Geographical Sub-Areas (GSAs)

.

.

2
6
1
2
0
0
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

U
n
o
n

i

L

2
2
/
1
8
5

L 22/186

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Official Journal of the European Union

26.1.2009

ANNEX 2

TABLE OF GFCM GEOGRAPHICAL SUB-AREAS (GSAS)

FAO
SUBAREA

FAO STATISTICS
DIVISION

GSAs (SAC 9th Session)

GSAs (2007)

1.1.a waters surrounding Balearic Islands

1.1.b waters off Spanish continental coast

1.1 BALEARIC

1.1.c Waters off Algeria

WESTERN

1.2 GULF OF
LIONS

1.3 SARDINIA

1.1.d Alboran Sea

1.2.e Gulf of Lions

1.2.f waters off Cote dAzus

1.3.g waters surrounding Corsica

1.3.h waters surrounding Sardinia

1.3.i waters off north Sicily

1.3.j waters off Italian continental shelf

1.3.k waters northern Tunisia

2.1.a northern and central Adriatic

2.1 ADRIATIC

2.1.b south Adriatic

5

6

4

1

2

3

7

7

8

11

10

9

Balearic Islands

Northern Spain

Algeria

Northern Alboran Sea

Alboran Island

Southern Alboran Sea

Gulf of Lions

Gulf of Lions

Corsica

Sardinia

South and Central Tirrenian Sea

Ligurian and North Tirrenian Sea

10

South Tirrenian Sea

12

17

18

northern Tunisia

northern Adriatic

southern Adriatic Sea

2.2.c waters off southeast Italy

19 Western Ionian Sea

2.2.d waters off western Greek

20

Eastern Ionian Sea

15 Malta Island

16

South of Sicily

13 Gulf of Hamamet

14 Gulf of Gabes

21

Southern Ionian Sea

22 Aegean Sea

23

25

Kreta

Cyprus

CENTRAL

2.2 IONIAN

2.2.e waters off Sicily and Malta

2.2.f Gulf of Gabes and Hamamet

2.2.g waters off Lybia

3.1.a Aegean Sea

3.1.b waters surrounding Crete

3.2.c waters surrounding Cyprus

EASTERN

3.1 AEGEAN

3.2 LEVANT

3.2.d waters off southern Turkey coast

24 North Levant

3.2.e southeast Levant

3.2.f waters off Egypt

4.1 MARMARA

4.1 Marmara Sea

BLACK SEA

4.2 BLAKC SEA

4.2 Black Sea

4.3 AZOV SEA

4.3 Azov Sea

27

26

Levant

South Levant

28 Marmara Sea

29

Black Sea

30 Azov Sea

26.1.2009

EN

Official Journal of the European Union

L 22/187

ANNEX 3

Geographical coordinates GFCM Geographical Sub-Areas (GSAs)

GSAs

LIMITS

GSAs

LIMITS

1

2

3

4

5

Coast Line
36o N 5o 36' W
36o N 3o 20' W
36o 05' N 3o 20' W
36o 05' N 2o 40' W
36o N 2o 40' W
36o N 1o 30' W
36o 30' N 1o 30' W
36o 30' N 1o W
37o 36' N 1o W

36o 05' N 3o 20' W
36o 05' N 2o 40' W
35o 45' N 3o 20' W
35o 45' N 2o 40' W

Coast Line
36o N 5o 36' W
35o 49' N 5o 36' W
36o N 3o 20' W
35o 45' N 3o 20' W
35o 45' N 2o 40' W
36o N 2o 40' W
36o N 1o 13' W
Morocco-Algeria border

Coast Line
36o N 1o 13' W
36o N 1o 30' W
36o 30' N 1o 30' W
36o 30' N 1o W
37o N 1o W
37o N 0o 30' E
38o N 0o 30' E
38o N 8o 30' E
Algeria-Tunisia border
Morocco-Algeria border

38o N 0o 30' E
39o 30' N 0o 30' E
39o 30' N 1o 30' W
40o N 1o 30' E
40o N 2o E
40o 30' N 2o E
40o 30' N 6o E
38o N 6o E

Coast line
37o 36' N 1o W
37o N 1o W
37o N 0o 30' E
39o 30' N 0o 30' E
39o 30' N 1o 30' W
40o N 1o 30' E
40o N 2o E
40o 30' N 2o E
40o 30' N 6o E
42o 30' N 6o E
42o 30' N 3o 09' E

Coast line
42o 30' N 3o 09' E
42o 30' N 6o E
42o 30' N 7o 30' E
France-Italy border

42o 30' N 6o E
42o 30' N 7o 30' E
43o 15' N 7o 30' E
43o 15' N 9o 45' E
41o 18' N 9o 45' E
41o 18' N 6o E

Coast line
France-Italy border
43o 15' N 7o 30' E
43o 15' N 9o 45' E
41o 18' N 9o 45' E
41o 18' N 13o E

Coast line (including North Sicily)
41o 18' N 13o E
41o 18' N 11o E
38o N 11o E
38o N 12o 30' E

41o 18' N 6o E
41o 18' N 11o E
38o 30' N 11o E
38o 30' N 8o 30' E
38o N 8o 30' E
38o N 6o E

6

7

8

9

10

11

L 22/188

EN

Official Journal of the European Union

26.1.2009

GSAs

LIMITS

GSAs

LIMITS

12

13

14

15

16

17

18

19

20

Coast line
Algeria-Tunisia border
38o N 8o 30' E
38o 30' N 8o 30' E
38o 30' N 11o E
38o N 11o E
37o N 12o E
37o N 11o 04'E

Coast line
37o N 11o 04'E
37o N 12o E
35o N 13o 30' E
35o N 11o E

Coast line
35o N 11o E
35o N 15o 18' E
Tunisia-Libya border

36o 30' N 13o 30' E
35o N 13o 30'E
35o N 15o 18' E
36o 30' N 15o 18' E

Coast line
38o N 12o 30' E
38o N 11o E
37o N 12o E
35o N 13o 30' E
36o 30' N 13o 30' E
36o 30' N 15o 18' E
37o N 15o 18' E

Coast line
41o 55' N 15o 08' E
Croatia-Montenegro border

Coast lines (both sides)
41o 55' N 15o 08' E
40o 04' N 18o 29' E
Croatia-Montenegro border
Albania-Greece border

Coast line (including East Sicily)
40o 04' N 18o 29' E
37o N 15o 18' E
35o N 15o 18' E
35o N 19o 10' E
39o 58' N 19o 10' E

Coast line
Albania-Greece border
39o 58' N 19o 10' E
35o N 19o 10' E
35o N 23o E
36o 30' N 23o E

Coast line
Tunisia-Libya border
35o N 15o 18' E
35o N 23o E
34o N 23o E
34o N 25o 09' E
Libya-Egypt border

Coast line
36o 30' N 23o E
36o N 23o E
36o N 26o 30' E
34o N 26o 30' E
34o N 29o E
36o 43' N 29o E

36o N 23o E
36o N 26o 30' E
34o N 26o 30' E
34o N 23o E

Coast line
36o 43' N 29o E
34o N 29o E
34o N 32o E
35o 47' N 32o E
35o 47' N 35o E
Turkey-Syria border

35o 47' N 32o E
34o N 32o E
34o N 35o E
35o 47' N 35o E

Coast line
Libya-Egypt border
34o N 25o 09' E
34o N 34o 13' E
Egypt-Gaza Strip border

Coast line
Egypt-Gaza Strip border
34o N 34o 13' E
34o N 35o E
35o 47' N 35o E
Turkey-Syria border

MARMARA SEA
FAO Division 37.4.1

BLACK SEA
FAO Division 37.4.2

AZOV SEA
FAO Division 37.4.3

21

22

23

24

25

26

27

28

29

30

ANNEX VIII

GFCM Task 1 — Operational Units

.

.

2
6
1
2
0
0
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
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p
e
a
n

U
n
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i

L

2
2
/
1
8
9

L 22/190

EN

Official Journal of the European Union

26.1.2009

ANNEX IX

PART I

Port State control forms

PORT STATE CONTROL FORM — PSC 1

PART A: To be completed by the Master of the Vessel. Please use black ink

Name of Vessel:

IMO Number (1)

Radio Call Sign

Flag State:

Email Address:

Telephone Number:

Fax Number:

Inmarsat Number:

Port of Landing or Transhipment:

Estimated Time of Arrival:

Date:

Time UTC:

Total catch on board – all areas

Catch to be landed (2)

Species (3) Product (4)

Area of catch

Conversion factor

Product
weight (kg)

Product
weight (kg)

NAFO RA

Other areas

NEAFC CA
(ICES subareas
and divisions)

PART B: For official use only — to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by
marking in the box ‘Yes’ or ‘No’

NEAFC CA

NAFO RA

Yes

No

Yes

No

a)

b)

c)

d)

The fishing vessel declared to have caught the fish had sufficient quota
for the species declared

The quantities 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 vessel declared to have caught the fish had authorisation to
fish in the area declared

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

Flag State confirmation:
I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature: Official Stamp:

26.1.2009

EN

Official Journal of the European Union

L 22/191

PART C: For official use only — to be completed by the Port State

Name of Port State:

Authorisation:

Date:

Signature:

Official Stamp:

Yes:
. . . . . . . . . . . . . . . . . . .
No: . . . . . . . . . . . . . . . . . . . .

(1) Fishing vessels not assigned an IMO number shall provide their external registration number
(2) If necessary an additional form or forms shall be used
(3) FAO Species Codes — NEAFC Annex V — NAFO Annex II
(4) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C)

PORT STATE CONTROL FORM — PSC 2

PART A: To be completed by the Master of the Vessel. A separate form shall be completed for each donor vessel.
Please use black ink

Name of Vessel:

IMO Number (2)

Radio Call Sign:

Flag State:

Email Address:

Telephone Number:

Fax Number:

Inmarsat Number:

Port of Landing or Transhipment:

Estimated Time of Arrival:

Date

Time UTC:

Catch Information for Donor Vessels (1)

Name of Vessel:

IMO Number (2)

Sign

Flag State

Total catch on board — all areas

Species (4)

Product (4)

NEAFC CA
(ICES subareas
and divisions)

Area of catch

NAFO RA
(Sub Division)

Other areas

Catch to be landed (3)

Conversion
factor

Product
weight (kg)

Product
weight
(kg)

PART B: For official use only — to be completed by the Flag State

The Flag State of the vessel must respond to the following questions by
marking in the ‘Yes’ or ‘No’

NEAFC CA

NAFO RA

Yes

No

Yes

No

a)

b)

c)

d)

The fishing vessel declared to have caught the fish had sufficient quota
for the species declared

The quantities 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 vessel declared to have caught the fish had authorisation to
fish in the area declared

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

L 22/192

EN

Official Journal of the European Union

26.1.2009

Flag State confirmation:
I confirm that the above information is complete, true and correct to the best of my knowledge and belief.

Name and Title:

Date:

Signature:

Official Stamp:

PART C: For official use only — to be completed by the Port State

Name of Port State:

Authorisation:

Date:

Signature:

Official Stamp:

Yes: . . . . . . . . . . . . . . . . . . . .
No:. . . . . . . . . . . . . . . . . . . . .

(1) A separate form shall be completed for each Donor Vessel
(2) Fishing vessels not assigned an IMO number shall provide their external registration number
(3) If necessary an additional form or forms shall be used
(4) FAO Species Codes — NEAFC Annex V — NAFO Annex II
(5) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C)

PART II

REPORT ON PORT STATE CONTROL INSPECTION (PSC 3)1

Report on port state control inspection (PSC 3)

Please use black ink

A.

INSPECTION REFERENCE.

Landing

Port State

Vessel name

Landing/transhipment started

Landing/transhipment ended

B.

INSPECTION DETAILS

Yes

No

Transhipment

Yes

No

Port of landing or transhipment

Flag State

IMO Number

Int. Radio call sign

Date

Date

Time

Time

Name of donor vessel (1)

IMO Number (2)

Radio call sign

Flag State

B 1. catch recorded in the logbook

Species (3)

Area of catch

Declared live weight kg

Conversion factor used

26.1.2009

EN

Official Journal of the European Union

L 22/193

B 2.

fish landed or transhipped (*)

Species (3)

Product
(4)

Area of
catch

Product
weight
landed
in kg

Conver-
sion
factor

Equiva-
lent live
weight
kg

Diff (kg)
between
Product
weight
landed
and
PSC 1/2

Diff ( %)
between
Product
weight
landed and
PSC 1/2

Diff (kg)
between
live
weight
declared
in the
logbook
and the
live
weight
landed

Diff ( %)
between
live
weight
declared
in the
logbook
and the
live
weight
landed

B 3.

information about landings authorised without confirmation from the flag state

Name of storage, name of competent authorities, deadline for receiving confirmation, ref. NEAFC art. 23.2/NAFO art. 45.6

B 4.

fish retained on board

Species (3)

Product (4)

Area of
catch

Product
weight in kg

Conver-
sion factor

Live
weight kg

Diff. (kg)
between
product
weight on
board and
PSC 1/2

Diff. ( %)
between
product
weight on
board and
PSC 1/2

C.

RESULTS OF INSPECTION

C1. GENERAL

Inspection started

Inspection ended

Observations

Date

Date

Time

Time

C2. GEAR INSPECTION IN PORT (For NEAFO only)

A.

General data

Number of gear inspected

Date gear inspection

Has the vessel been cited?

Yes

No

If yes, complete the full verification of inspection in port form.
If no, complete the form with the exception of the NAFO Seal
Details

L 22/194

EN

Official Journal of the European Union

26.1.2009

Is seal unda-
maged?

Yes

No

Average mesh sizes (mm)

B.

Otter Trawl details

NAFO Seal number

Gear type

Attachments

Grate Bar Spacing mm.

Mesh type

Trawl part

Wings

Body

Lengthening Piece

Codend

D.

OBSERVATIONS BY THE MASTER

I, … the undersigned, Master of the vessel … hereby confirm that a copy of this report has been delivered to me on this date.
My signature does not constitute acceptance of any part of the contents of this report, except my own observations, if any.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date :

E.

INFRINGEMENTS AND FOLLOW-UP

E1. NAFO

A

Sea Inspection

Infringements resulting from
Inspections inside NAFO R.A.

Inspection Party

Date of insp.

Division

NAFO CEM infringement legal refer-
ence

B

Port Inspection Infringements results

(a) — Confirmation of Infringements found at sea inspection

NAFO CEM infringement legal reference

National Infringement legal reference

(b) — Infringements found at sea inspection and not possible to be confirmed during the Port Inspection.

Comments :

26.1.2009

EN

Official Journal of the European Union

L 22/195

(c) — Additional infringements found during the Port Inspection

NAFO CEM infringement legal reference

National Infringement legal reference

E2. NEAFC
INFRIGEMENT NOTED

Article

NEAFC provision(s) violated and summary of pertinent facts

Observations :

Inspectors Name

Inspectors signature

Date and place

F.

DISTRIBUTION

Copy to flag State

Copy to NEAFC Secretary

Copy to NAFO Executive Secretary

(*) In case where a vessel has engaged in transhipment operations. A separate form shall be used for each donor vessel.
(1) Fishing vessels not assigned an IMO number shall provide their external registration number.
(2) If necessary an additional form or forms shall be used.
(3) FAO Species Codes — NEAFC Annex V — NAFO Annex II.
(4) Product presentations — NEAFC Appendix 1 to Annex IV — NAFO Annex XX (C).

L 22/196

EN

Official Journal of the European Union

26.1.2009

Appendix to Annex IX

Products and packing

A.

Product form codes

Code

Product form

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Code

CRT

BOX

BGS

BLC

Round — Frozen

Round — Frozen (Cooked)

Gutted Head on — Frozen

Gutted Head Off — Frozen

Gutted Head Off — Trimmed — Frozen

Skinless Fillets — Bone in — Frozen

Skinless Fillets — Boneless — Frozen

Skin on Fillets — Bone in — Frozen

Skin on Fillets — Boneless — Frozen

Salted Fish

Pickled Fish

Canned Products

Oil

Meal Produced from Round Fish

Meal Produced from Offal

Other (Specify)

B.

Type of packing

Type

Cartons

Boxes

Bags

Blocks

26.1.2009

EN

Official Journal of the European Union

L 22/197

ANNEX X

PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA

Target species

Zone

Period of prohibition

Sharks (all species)

Convention Area

FAO 48.1 Antarctic, in the Peninsula Area
FAO 48.2 Antarctic, around the South
Orkneys
FAO 48.3 Antarctic, around South Georgia

FAO 48.1 Antarctic (1)
FAO 48.2 Antarctic (1)

FAO 48.3

Notothenia rossii

Finfish

Gobionotothen gibberifrons
Chaenocephalus aceratus
Pseudochaenichthys georgianus
Lepidonotothen squamifrons
Patagonotothen guntheri
Electrona carlsbergi (1)

All year

All year

All year

All year

Dissostichus spp.

FAO 48.5 Antarctic

1.12.2008 to 30.11.2009

Dissostichus spp.

All year

FAO 88.3 Antarctic (1)
FAO 58.5.1 Antarctic (1) (2)
FAO 58.5.2 Antarctic east of 79o20'E and
outside the EEZ to the west of 79o20'E (1)
FAO 88.2 Antarctic north of 65oS (1)
FAO 58.4.4 Antarctic (1) (2)
FAO 58.6 Antarctic (1)
FAO 58.7 Antarctic (1)

Lepidonotothen squamifrons

FAO 58.4.4 (1) (2)

All year

All species except Champsocephalus
gunnari and Dissostichus eleginoides

Dissostichus mawsoni

FAO 58.5.2 Antarctic

1.12.2008 to 30.11.2009

FAO 48.4 Antarctic (1) within the area
bounded by latitudes 55o30'S and 57o20'S
and by longitudes 25o30'W and 29o30'W

All year

(1)
(2)

Except for scientific research purposes.
Excluding waters subject to national jurisdiction (EEZs).

L 22/198

EN

Official Journal of the European Union

26.1.2009

CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN
2008/09

ANNEX XI

Subarea/
Division

Region

Season

SSRU

58.4.1

Whole Divi-
sion

1.12.2008
to
30.11.2009

SSRU A, B, D,
F and H: 0
SSRU C: 100
SSRU E: 50
SSRU G:60

Dissotichus
spp. Catch
Limit
(tonnes)

Total 210

By-catch Catch Limit (tonnes)

Skates and
rays

Macrourus
spp.

Other species

All
Division:
50

All
Division:
33

All
Division: 20

58.4.2

Whole Divi-
sion

58.4.3
(b)

All Division
outside
Areas of
National Jur-
isdiction

1.12.2008
to
30.11.2009

1.5.2009
to
31.8.2009

88.1

All Subarea

1.12.2008
to
31.8.2009

88.2

South
of 65o S

1.12.2008
to
31.8.2009

SSRU A:30
SSRU B: 0
SSRU C:30
SSRU D:30
SSRU E: 30

SSRU A: 0
SSRUs B, C
and G: 352
SSRUs D, E
and F: 0
SSRUs H, I
and K: 1994
SSRUs J and
L: 354
SSRU M: 0

SSRU A and
B: 0
SSRUs C, D, F
and G: 214
SSRU E: 353

Total Subarea

70

All
Division:
50

All
Division:
50

All
Division:
20

All
Division:
80

All
Division: 20

All
Division: 20

120 North
of 60o

Total 2700:

135

430

20

Total 567
(1)

50 (1)

90 (1)

20

(1) Rules for catch limits for by-catch species per SSRU, applicable within total by-catch limits per Subarea:

— Skates and rays: 5 % of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest,
— Macrourus spp.: 16 % of the catch limit for Dissostichus spp.,
— Other species: 20 tonnes per SSRU.

26.1.2009

EN

Official Journal of the European Union

L 22/199

NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA

ANNEX XII

L 22/200

EN

Official Journal of the European Union

26.1.2009

ANNEX XIII

Net configuration and use of fishing techniques

Net opening (mouth) circumference (m)

Vertical opening (m)

Horizontal opening (m)

Net Panel length and mesh size

Panel

Length (m)

Mesh size (mm)

1st panel

2nd panel

3rd panel

…

…

Final panel (Codend)

Provide diagram of each net configuration used

Use of multiple fishing techniques (*): Yes No

(*)

If yes, frequency of switch between fishing techniques: ____________

Fishing technique

Expected proportion of time to be used (%)

1

2

3

4

5

…

Total 100 %

Presence of marine mammal exclusion device (*): Yes No

(*)

If yes, provide design of the device:

Provide explanation of fishing techniques, gear configuration and characteristics and fishing patterns:

ANNEX XIV

PART I

SEAFO transhipment declaration

.

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2
6
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9

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J
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2
2
/
2
0
1

L 22/202

EN

Official Journal of the European Union

26.1.2009

TRANSHIPMENT DECLARATION

1.

General rule

In the case of transhipment, the master of the fishing vessel shall enter the quantities on the transhipment declaration.
A copy of the transhipment declaration shall be handed to the master of the recipient vessel.

2.

Procedure for completion

(a)

Entries on transhipment declaration shall be legible and indelible.

(b) No entry on the transhipment declaration may be erased or altered. If a mistake is made, the incorrect entry shall

be struck out with a line and followed by a new entry initialled by the master or his agent.

(c) One transhipment declaration should be completed for each transhipment operations.

(d)

Each page of the transhipment declaration shall be signed by the master.

3.

Responsibilities of the master in respect of the landing declaration and the transhipment declaration

The master of the vessel shall certify with his initials and signature that the estimated quantities entered on the
transhipment declaration are reasonable. The copies of the transhipment declaration must be kept for one year.

4.

Information to be provided

The estimates of the quantities trans-shipped are to be indicated on the SEAFO transhipment declaration form, as
specified in the footnotes to this form, for each species, and in respect of a particular voyage.

5.

Procedure of transmission

(a)

(b)

(c)

In the case of transhipment to a vessel flying the flag of a Contracting Party State or registered in a Contracting
Party, the first copy of the transhipment declaration shall be handed over to the master of the recipient vessel.
The original shall be handed over or dispatched, as the case may be, to the authorities of the Contracting Party
whose flag the vessel is flying or in which it is registered, within 48 hours of completion of landing or on arrival
in port.

In the case of transhipment to a vessel flying the flag of a non-Contracting party, the original document shall be
handed over or sent, as the case may be, as soon as possible to the Contracting Party whose flag the fishing
vessel is flying or in which it is registered.

In cases where it is impossible for the master to dispatch the original of the transhipment declarations to the
authorities of the Contracting Party whose flag the vessel is flying or in which it is registered within the time
limits specified, the information required in respect of the declaration shall be transmitted by radio or by other
means to the authorities concerned.

The information shall be transmitted via the radio stations usually used, preceded by the name, the call sing and
external identification of the vessel, and the name of its master.

In cases where it is not possible for the message to be transmitted by the vessel, it may be transmitted on the vessel's
behalf by another vessel or by any other method.

The master shall ensure that information transmitted to radio stations is passed on in writing to the relevant
authorities.

26.1.2009

EN

Official Journal of the European Union

L 22/203

PART II

Guidelines for Design and Deployment of Tori Lines

1.

These guidelines are designed to assist in the preparation and implementation of tori line regulations for longline
line effectiveness through
fishing vessels. While these guidelines are relatively explicit,
experimentation is encouraged. The guidelines take into account environmental and operational variables such as
weather conditions, setting speed and ship size, all of which influence tori line performance and design in protecting
baits from birds. Tori
line design and use may change to take account of these variables provided that line
performance is not compromised. Ongoing improvement in tori line design is envisaged and consequently review of
these guidelines should be undertaken in the future.

improvement

in tori

2.

Tori Line Design

2.1.

It is recommended that a tori line 150 m in length be used. The diameter of the section of the line in the water may be
greater than that of the line above water. This increases drag and hence reduces the need for greater line length and
takes account of setting speeds and length of time taken for baits to sink. The section above water should be a string
fine line (e; g. about 3 mm diameter) of a conspicuous colour such as red or orange.

2.2. The above water section of the line should be sufficiently light that its movement is unpredictable to avoid habituation

by birds and sufficiently heavy to avoid deflection of the line by wind.

2.3. The line is best attached to the vessel with a robust barrel swivel to reduce tangling of the line.

2.4. The streamers should be made of material that is conspicuous and produces an unpredictable lively action (e.g. strong
fine line sheathed in red polyurethane tubing) suspended from a robust three-way swivel (that again reduces tangles)
attached to the tori line, and should hang just clear of the water.

2.5. There should be a maximum of 5-7 m between each streamer. Ideally each streamer should be paired.

2.6. Each streamer pair should be detachable by means of a clip so that line stowage is more efficient.

2.7. The number of streamers should be adjusted for the setting speed of the vessel, with more streamers necessary at

slower setting speeds. Three pairs are appropriate for a setting speed of 10 knots.

3.

Deployment of Tori Lines

3.1. The line should be suspended from a pole affixed to the vessel. The tori pole should be set as high as possible so that
the line protects bait a good distance astern of the vessel and will not tangle with the fishing gear. Grater pole height
provides greater bait protection. For example, a height of around 6 m above the water line can give about 100 m of
bait protection.

3.2. The tori line should be set so that streamers pass over baited hooks in the water.

3.3. Deployment of multiple tori lines is encouraged to provide even greater protections of baits from birds.

3.4. Because there is the potential for line breakage and tangling, spare tori lines should be carried on board to replace

damaged lines and to ensure fishing operations can continue uninterrupted.

3.5. When fishers use a bait casting machine (BCM) they must ensure co-ordination of the tori line and machine by:

(a)

ensuring the BCM throws directly under the tori line protection and;

(b) when using a BCM that allows throwing to port and starboard, ensure that two tori lines are used.

3.6. Fishers are encouraged to install manual, electric of hydraulic winches to improve ease of deployment and retrieval of

tori lines.

L 22/204

EN

Official Journal of the European Union

26.1.2009

ANNEX XV

Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic

1.

The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the
Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries (hereinafter referred to as ‘the
Convention’) that have been sighted engaging in fishing activities in the NEAFC Convention Area and placed by the
North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be
undermining the Recommendations established under the Convention. The following measures shall apply to these
vessels:

(a)

(b)

vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent
authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and
any other matter relating to the vessel's activities in the Convention Area. Information on the result of the
inspections shall immediately be transmitted to the Commission;

fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State
shall not in any way assist the vessels or participate in any transhipment or joint fishing operations with the
vessels;

(c)

the vessels shall not be supplied in ports with provisions, fuel or other services.

2.

In addition to the measures referred to in point 1, the following measures shall apply to vessels that have been placed
by NEAFC on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated
fisheries (IUU vessels):

(a)

IUU vessels shall be prohibited from entering a Community port;

(b)

IUU vessels shall not be authorised to fish in Community waters and be prohibited from being chartered;

(c)

imports of fish coming from IUU vessels shall be prohibited;

(d) Member States shall refuse the granting of their flag to IUU vessels and prohibit importers, transporters and

other sectors concerned to tranship and trade fish caught by such vessels.

3.

4.

The vessels referred to in point 2 as well as the vessels placed on the IUU list established by the Northwest Atlantic
Fisheries Organisation (NAFO) are listed in the Appendix to this Annex.

The Commission shall amend the list of IUU vessels to be in accordance with the NEAFC and NAFO IUU lists as soon
as NEAFC adopts a new IUU list.

26.1.2009

EN

Official Journal of the European Union

L 22/205

Appendix to Annex XV

List of vessels with the following IMO numbers that have been confirmed by NEAFC and NAFO as having engaged
in illegal, unreported and unregulated fisheries

IMO (1) ship identification number

Vessel's name (2)

Flag State (2)

7 436 533

7 612 321

8 522 030

7 700 104

8 028 424

8 422 852

7 321 374

8 522 119

8 604 668

6 719 419

7 332 218

8 422 838

8 522 042

8 707 240

7 385 174

8 721 595

8 421 937

6 706 084

8 522 169

7 347 407

8 606 836

7 306 570

ALFA

AVIOR

CARMEN

CEFEY

CLIFF

DOLPHIN

ENXEMBRE

EVA

FURABOLOS

GORILERO

IANNIS I

ISABELLA

JUANITA

MAINE

MURTOSA

NEMANSKIY

NICOLAY CHUDOTVORETS

RED

ROSITA

SUNNY JANE

ULLA

Georgia

Georgia

Ex Georgia

Russia

Cambodia

Russia

Panama

Ex Georgia

Seychelles

Sierra Leone

Panama

Ex Georgia

Ex Georgia

Guinea Conakry

Togo

Russia

Panama

Ex Georgia

Ex Georgia

WHITE ENTERPRISE

Ex St Kitts Nevis

International Maritime Organisation.

(1)
(2) Any changes of names and flags and additional information on the vessels are available on the NEAFC website: www.neafc.org.