CELEX: 31989R0529
Language: en
Date: 1989-02-23 00:00:00
Title: Council Regulation (EEC) No 529/89 of 23 February 1989 establishing , for the period from 1 March to 30 June 1989, certain measures for the conservation and management of fishery resources applicable to vessels flying the Japanese flag in waters falling under the sovereignty or jurisdiction of Portugal

2. 3. 89                                Official Journal of the European Communities                               No L 59/ 1
                                                               I
                                             (Acts whose publication is obligatory)
                                        COUNCIL REGULATION (EEC) No 529/89
                                                     of 23 February 1989
                  establishing, for the period from 1 March to 30 June 1989, certain measures for
                  the conservation and management of fishery resources applicable to vessels
                  flying the Japanese flag in waters falling under the sovereignty or jurisdiction of
                                                            Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                        Article 1
Economic Community,
                                                                   Vessels flying the Japanese flag, fishing exclusively with
Having regard to Council Regulation (EEC) No 170/83 of             long lines, shall be authorized, for the fishing period 1
25 January 1983 establishing a Community system for                March to 30 June 1989, to fish as their principal catch,
the conservation and management of fishery resources ('),          bluefin tuna (Thunnus thynnus thynnus) in waters under
and in particular Article 11 thereof,                              the sovereignty or jurisdiction of Portugal that lie beyond
                                                                   12 miles from the baselines, with the exception of the
                                                                   zones listed in Annex 1, subject to the conditions laid
Having regard to the proposal from the Commission,                 down in this Regulation.
Whereas     Article 2 of Regulation (EEC) No 170/83                                          Article 2
requires   the Council to formulate the conservation
measures   necessary to achieve the aims set out in Article        1 . The maximum number of long-liners referred to in
1 of the    Regulation in the light of available scientific        Article 1 shall be 15 : no vessel may exceed 500 GRT.
advice ;
                                                                   2.    Hie total catch of all the long-liners may not exceed
Whereas the Agreement which linked Portugal and Japan              120 tonnes of bluefin tuna.
since 3 March 1980 expired on 2 March 1986 ; whereas
thereafter Japanese fishing activities have been tempor­           3. Other tuna species caught when fishing for bluefin
arily maintained in 1986 by Regulation (EEC) No                    tuna may not exceed 25 % of the total catch per vessel.
448/86 (2), in 1987 by Regulation (EEC) No 654/87 (3) and
in 1988 by Regulation (EEC) No 580/88 (4), in the frame­                                     Article 3
work of cooperation with Japan to the benefit of local
people who are greatly dependent on fisheries in view of           1 . The catch of bluefin tuna (Thunnus thynnus
the need for balanced economic and social development              thynnus) of a unitary weight of less than 6,4 kilograms
of the Portuguese coastal regions ;                                shall be prohibited.
Whereas it is in the Community's interest to ensure that           2. The catch of yellowfin tuna (Thunnus albacares) of
this system continues in a more limited fashion for the            a unitary weight of less than 3,2 kilograms shall be
1989 fishing season ;                                              prohibited.
                                                                   3. The catch of bigeye tuna (Thunnus obesus) of a
Whereas fishing by Japanese vessels in waters falling              unitary weight of less than 3,2 kilograms shall be
under the sovereignty or jurisdiction of Portugal is subject       prohibited.
to Community fisheries Regulations ; whereas such
fishing should be supplemented by certain technical and
supervisory measures,                                                                        Article 4
                                                                    1.   Fishing by long-liners referred to in Article 1 in
(') OJ No   L 24,  27. 1 . 1983, p. 1 .                            zones referred to in the same Article shall be subject to
f)  OJ No   L 50,  28 . 2. 1986, p. 34.
0   OJ No   L 63,  6. 3. 1987, p. 2.                               the possession on board of a licence, issued by the
0   OJ No   L 57,  3. 3. 1988, p. 1 .                              Commission on behalf of the Community, and to the
 ---pagebreak--- No L 59/2                               Official Journal of the European Communities                                  2. 3 . 89
observance of the conditions set out in that licence and          New licences shall be issued in accordance with para­
the supervisory measures and other provisions regulating          graph 1 .
fishing activities in those zones.
2. The master of each vessel in possession of a licence                                       Article 7
must observe the special conditions set out in Annex II,
and in particular the obligation to forward the informa­          The following information shall accompany applications
tion specified in the said Annex via the radio stations           for licences submitted to the Commission :
indicated therein. These conditions shall form part of the
licence.                                                          (a)  name of the vessel ;
                                                                  (b)  registration number ;
3. Each licence shall be valid for a single vessel and            (c)  external identification letters and numbers ;
not be transferable. However, the Japanese authorities
may request the Commission, by telex, to authorize the            (d)  port of registration ;
transfer of the licence for a vessel which is prevented           (e)  name and address of the owner or charterer ;
from fishing during the set period for reasons of force           (f)  gross tonnage and overall length ;
majeure to a replacement vessel whose technical charac­
teristics do not exceed those of the vessel to be replaced.       (g)  engine power ;
The request shall provide all the information referred to         (h)  call sign and radio frequency ;
in Article 7, in respect of this replacement vessel. The          (i)  proposed fishing zone ;
Commission shall notify any transfer authorization,
without delay and by telex, to the Japanese authorities           (j)  period for which a licence is requested.
and to the competent supervisory authorities. The replace­
ment vessel can carry out fishing activities only after the
date indicated by the Commission in its notification.                                         Article 8
4.     All licences referred to in paragraph 1 shall cease to      1 . The Portuguese authorities shall take appropriate
be valid once the Commission has established that the             measures, including the inspection of vessels, to ensure
quota laid down in Article 2 has been used up.                    that thp obligations under this Regulation are observed.
                                                                  2. Where an infringement is duly ascertained, the
                           Article 5                              Portuguese authorities shall forthwith, but at the latest
                                                                  within 30 days of the date on which the infringement was
                                                                  established, inform the Commission of the name of the
The issue of fishing licences referred to in Article 4 shall      vessel concerned and any action they may have taken.
be conditional on Japan's planning an annual scientific
and technical cooperation programme to benefit Portu­
gal's coastal population, which is greatly dependent on                                       Article 9
fishery activities. Particular attention shall be paid in the
programme to training requirements, the improvement of
research capacity and the need for economic and social             1 . A vessel which has failed to comply with the obliga­
development of the Portuguese coastal regions. The                 tions laid down in this Regulation shall have its licence
programme shall be submitted to the Commission before             withdrawn ; such licence shall not be replaced.
28 February 1989.
                                                                   2. If a vessel fishing without a valid licence in the
                                                                  waters referred to in Article 1 is owned or managed by a
                                                                   natural or legal person owning or managing one or more
                           Article 6                               other vessels to which licences have been issued one of
                                                                   those licences may be withdrawn.
1 . An application for licences shall be submitted by the
Japanese authorities no later than 15 working days before
the desired date of commencement of validity. The                                            Article 10
Commission shall issue the licences to the Japanese
authorities and shall notify the competent supervisory             If, for a period of one month, the Commission receives
authorities thereof.                                               no communication as laid down in Article 4 (2) for a
                                                                  vessel in possession of a licence referred to in that Article,
2. The issue of licences to Japanese vessels shall be              the licence of that vessel shall be withdrawn.
subject to an undertaking by the owner of the vessel to
permit an observer to come on board at the Commission's
request.                                                                                     Article 11
3. Unused licences may be cancelled with a view to the            This Regulation shall enter into force on the day
issuing of new licences. Cancellation shall take effect on         following its publication in the Official Journal of the
the date the new licence is issued by the Commission.              European Communities.
 ---pagebreak--- 2. 3 . 89                    Official Journal of the European Communities                        No L 59/3
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 23 February 1989.
                                                                   For the Council
                                                                     The President
                                                                C. ROMERO HERRERA
 ---pagebreak--- No L 59/4                            Official Journal of the European Communities                                        2. 3. 89
                                                          ANNEX I
                   ZONES REFERRED TO IN ARTICLE 1 WHERE FISHING IS PROHIBITED
          1 . The 200-mile zone of the Azores.
          2. Within the 200-mile zone of mainland Portugal.
          3 . The zone within a line :
              — starting at 34Q 55'N, 13°40'W,
              — continuing north to 35°10'N, 13°40'W,
              — whence east following the 35° 10' N parallel to its intersection with the line marking the limits of the
                 exclusive economic zone, hereinafter referred to as ' EEZ\
              — following the EEZ demarcation line to its intersection with the 34°55'N parallel,
              — whence west along the 34° 55' N parallel to the point of departure.
          4. The zone within a line :
              — starting at 34°35'N, 14°25'W,
              — whence west to 34°35'N, 14°45'W,
              — whence north to 34° 50' N, 14° 45' W,
              — whence east to 34°50'N, 14°25'W,
              — whence south to point of departure.
          5 . The zone within a line :
              — starting at 33°40 ' N, 14°05'W,
              — whence to 33° 40' N, 14°35'W,
              — whence north-west to 34° 00' N, 14°50'W,
              — whence east to 34°00' N, 14°20' W,
              — whence south-east to the point of departure .
          6 . The zone within a line :
              — starting at 35° 00' N, 15° 05' W,
              — whence west to 35°00' N, 16°00' W,
              — whence north to 35° 35' N, 16°00'W,
              — whence east to 35° 35' N, 15°05' W,
              — whence south to the point of departure.
 ---pagebreak--- 2. 3 . 89                                Official Journal of the European Communities                                           No L 59 /5
                                                                ANNEX II
                                                       SPECIAL CONDITIONS
          1.    The fishing licence must be held on board the vessel.
          2.    The registration letters and numbers of a vessel in possession of a licence must be clearly marked on
                 both sides of the superstructure at the most visible point. The letters and numbers must be painted in a
                 colour that contrasts with the colour of the hull or superstructure and must not be effected, altered,
                 covered or concealed in any other way.
          3.    A log-book must be kept in which are recorded, after each fishing operation :
          3.1 . catch by species (in kilograms — live weight) ;
          3.2. the date and the time at which the fishing operating started and the time at which it finished ;
          3.3. the ICES and CECAF statistical grid where the catch was taken ;
          3.4. the fishing method used ;
          3.5. any radio message emitted in accordance with points 4, 5 and 6.
          4.     Communications transmitted in accordance with the conditions of the licence should give the following
                 information :
                 (a) name of vessel ;
                 (b) radio call sign ;
                 (c) licence number ;
                 (d) chronological number of the transmission for the trip in question ;
                 (e) indication of which of the types of transmission, as set out in paragraph 5, is involved ;
                  (f) date ;
                 (g) time ;
                 (h) geographical position ;
                  (i) for vessels in possession of a licence, the activity of the vessel during the period (under way, fishing,
                      at anchor, in harbour, unloading, under repair, others) ;
                  (j) quantity of each species caught during the fishing operation (in kilograms — live weight);
                 (k) quantity of each species caught since the previous transmission of information (in kilograms — live
                      weight) ;
                  (1) the geographical coordinates of the position where the catches were made ;
                (m) quantities of catches, by species, transferred to other vessels (in kilograms — live weight) since the
                      previous information ;
                 (n) the name, call sign and, where applicable, licence number of the vessel to which the catch was
                      transferred ;
                 (o) the master's name.
          5.     The information referred to in paragraph 4 must be communicated by vessels in possession of a licence
                 to the Commission of the European Communities in Brussels (address : telex 24 189 FISEU-B) via a
                  Lisbon radio station (call sign CUL) or Madeira radio station (call sign CUB) at the following times :
                 (a) for information referred to in (a) to (h) :
                      — when announcing departure, which announcement must be made at least 48 hours before the
                          planned departure of the vessel from the exclusive economic zone lying off the Portuguese coast,
                          hereinafter referred to as 'EEZ' ;
                 (b) for  information referred to in (a) to (o) :
                      —   on each entry into the EEZ,
                      —   whenever leaving the EEZ,
                      —   whenever entering a port of a Member State,
                      —   whenever leaving a port of a Member State,
                      —   every week in respect of the previous week from the .date of entry into the EEZ or from the date
                          of leaving a port of a Member State.
 ---pagebreak--- No L 59/6                     Official Journal of the European Communities                          2. 3 . 89
          The following code shall be used in reporting species caught in accordance with point 4 :
                              Code                          Scientific name
                              BFT                    Thunnus thynnus thynnus
                              YFT                    Thunnus albacares
                              ALB                    Thunnus alalunga
                              BET                    Thunnus obesus
                              SKJ                    Katsuwonus pelamis
                             SWO                     Xiphias gladius
                              BIL                    Istiophoridae
                             OTH                     Other