CELEX: 51979PC0656
Language: en
Date: 1979-11-16
Title: Proposal for a COUNCIL REGULATION (EEC) - laying down certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of certain non-member countries in the 200 nautical-mile zone off the coast of the French department of Guyana (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 656
Vol. 1979/0222
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(79)656 final
                                        Brussels - 16 November 1979
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                         Proposal for a
                    COUNCIL REGULATION ( EEC ) -
       laying down certain measures for the conservation
       and management of fishery resources applicable to
       vessels flying the flag of certain non-member
       countries in the 200 nautical-mile zone off the
       coast of the French department of Guyana
          ( presented by the Commission to the Council )
   C0M(79 ) 656: final
 ---pagebreak---                   EXPLANATORY MEMORANDUM
The present proposal for a Council Regulation is intended to lay down
measures for the conservation and management of fisheries resources in
the 200-mile zone off the coasts of the French department "of Guyana for „
the vear 1980 .                 "     4
 In most respects the management system proposed corresponds to the one
 adopted "by the Community for 1979 ( Council Regulation , (EEC) No 3153/78 ) ,
 as it appears that this system has met the essential requirements of the
 fishery industry in French Guyana without unduly restricting the fishing
 of third country fleets .   Some modifications to the present management
 system have , however , been proposed for 1980 . ' In addition to catch quotas
 and limits on fishing days for non-local vessels , which in the absence of
 full knowledge about the shrimp stock are necessarily somewhat arbitrary ,
 the Commission proposes on the basis of available scientific advice that
 fishing should be prohibited in waters less than 30 metres in depth for
             t
 part of the season in order to protect the shrimp stock from exploitation
 until it has reached maturity .
                .                                                         V.
 The Commission proposes that the total allowable catch of shrimp be
 maintained at the same level as in 1979t that is , 3-000 tonnes . While the
 catch rates of fishing vessels suggest that the stock was more abundant
 during 1979 than forseen, this may be accounted for by the absence of any
 ---pagebreak---                              - 2 -
   exploitation of the stock in adjacant Brazilian waters during this
   period resulting from the exclusion of foreign fleets "by the Brazilian
   Government . This situation will not continue into 19^0 , however , as a
   fleet of 65 vessels flying the flag of Korea Vat permanently "based in
   Brazil have recently "been permitted -to fish in northern Brazilian
   waters . The Commission does not therefore consider it prudent to increase
   fishing effort in French Guyanan waters for the time "being .- The
   Commission intends to review the level of shrimp fishing in these waters
   during the fishing season in the light of information received from,
   vessels in accordance with the proposed Regulation, and will make proposals
   for a modification of the level of permitted fishing if this appears app­
   ropriate .
4. The allocation of catch quotas to vessels not landing their catches in
   French Guyana has "been made on the same "basis as for 1979 1 i»e ., after
   the total allowable catch has "been reduced "by the estimated catch of the
   fleets "based in French Guyana , the remaining quantity has been divided
   in proportion to the number of vessels of each flag based in countries
   which have recently conducted fishing operations in the region prior to
   the establishment of extended fishery zones . Those countries which have
   not requested licences during 1979 » however , have been given reduced
   quotas for 1980 .
5. Finally , in order to improve the database for future stock assessment ,
   vessels fishing in French Guyanan waters will be required to submit copies
                                             '        v
   of their logbooks to the Commission on a regular basis .
 ---pagebreak---                          COUNCIL REGULATION (EEC)
                laying down certain measures for the conservation and
                management of fishery resources applicable to vessels
                flying the flag of certain non-member countries in the
                200 nautical-mile zone off the coast of the French
                department of Guyana
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,                   .          "   "
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 43 thereof.
Having regard to the proposal from the Commission,                ■ "         • <
Having regard to the opinion of the European Parliament ( l ), i
 Whereas the Council adopted, on 3 November 1976 , a set of resolutions concerning
 certain external and internal aspects of the common fisheries policy ;
Whereas in Regulation (EEC) No, 3153/78 ( 2), ths Council laid down certain interim
measures for the conservation and management of fishery resources applicable for
the year 1979; to vessels flying the flag of certain non-member countries in the
 200 nautical–mile zone off the coast of "the French department of Guyana ;
Whereas it is necessary to regulate fishing in this area on a continuous basis
in order to protect its fisheries resources ;
Whereas the processing industry established within the territory of the French
department of Guyana depends upon the landings of foreign vessels fishing in
French Guyanan waters ; whereas fishing by vessels under contract to land their
catches in the French department of Guyana should therefore be ensured ;
  2 ) OJ No L 374 , 30.12.1978 , p. 31 .
      -                '  '.              .             '             y
 ---pagebreak---                                - 2 -
Whereas that part of the fisheries resources within the total allowable catch
which will not be exploited by vessels landing their catches in the French
department of Guyana should be allocated to other foreign fleets , in conformity
with the principles emerging at the Third United Nations Conference on the Law
of the Sea ;                             -                               -
Whereas, in view of the limited and fluctuating nature of the fisheries resources
in these waters which are not exploited by vessels landing their catches in the
French department of Guyana, it is most appropriate to allocate such resources to
other vessels by yearly autonomous decisions ;
Whereas, in order to protect undersized shrimp, it is necessary to prohibit the
fishing of this species in shallow water for part of the year ;
HAS ADOPTED THIS REGULATION:
      1     ~                 Article 1
1.      Vessels flying the flag of a third country which are under contract to land
their catches in the French department of Guyana shall be authorized for the
period >1 January to 31 December 1980 to fish for shrimp in the fishery zone
extending to 200 nautical miles situated off the coast of the French department
of Guyana and covered by Community rules on fisheries , subject to the conditions
laid down in this Regulation.
2 . , Vessels flying the flag of a third country which are not under contract to
land their catches in the French department of Guyana shall be authorized for
the period 1 January to 31 December 198O to fish for the species laid down in
paragraph 1 of Annex I within the quantitative limits established therein in the
zone referred to in paragraph 1 , subject to the conditions laid down in this •
Regulation.                           .                    v
3 . Fishing pursuant to paragraphs 1 and 2 shall furthermore be subject to the
conservation and surveillance measures and all other provisions governing fishing
in the zone referred to in paragraph 1 .                          .
                              Article 2     _
                          * -
1.      Fishing for shrimp within the fishing zone referred :o in Article 1 shall be
prohibited in waters less than 30 metres in depth from 1 May to 31 December 1980 .
2.      Fishing for species other than shrimp shall be permitted by use of long lines
only.              _                                           :
 ---pagebreak---                                     Article 3
   1.     Fishing within the fishing zone referred to in Article 1 shall be subject to
   the possession of a licence issued by the Commission on behalf of the Community
   and to observance of the conditions set out in the licence .
Such licences shall be i 8SUed to the authorities of the third countries concerned on
   demand within the limits indicated in paragraphs 2 and 3 .
   2 . For fishing species other than shrimp , licences may be issued for vessels
   within the limits of the number laid down by country in paragraph 2 of Annex I.
   3.     For shrimp fishing, licences/ may be issued :
   (a) to the vessels which are under contract to land their catches in the French
         department of Guyana , the number of which is laid down by country in paragraph
         3 of Annex I.   Such licences shall be valid from the date of issue until
         31 December 1380 ;
   (b) to vessels other than those referred to in subparagraph ( a), on the basis of
         a fishing plan presented by the authorities of the country concerned and
         approved by the Commission which may not provide for a total number of
         fishing days for all of the vessels covered by the fishing plan which exceeds
         the limit indicated in paragraph 4 of Annex I. The maximum number of vessels
         which may fish at any one time under a fishing plan is laid down by country
         in paragraph 5 of Annex I. The validity of each of the licences issued on
         the basis of a fishing plan shall be limited to the fishing period provided foi
         in the plan .
   4.     Notwithstanding paragraph 3 , all licences issued to the vessels of a third
   country shall cease to be valid as soon as it is established that the (fuota
    fixed in pore^raoh 1 of Annex I is exhaust^u .
   The Commission shall inform the authorities of the country concerned thereof .
                                 Article 4
   1 . When an application for a licence is submitted, to the Commission^ the
   following information shall be supplied !
   (a) name of the vessel :
   (b) registration number :
   ( c) external identification letters and numbers ;
   (d) port of regiBtration ;
   ( e ) name and address of the owner or charterer ?
   (?) rross tonnaee and overall len^th ;
 ---pagebreak---                                   - 4 -
(g) engine power ;
(h) call sign and radio frequency ;
(i) intended method of fishing;
(j) intended area of fishing
(k) species intended to "be fished;
(l) period for which a licence is requested.
2 . Licences shall not "be issued until 15 days following the submission of the
licence application .
3 . Each licence shall be valid for one vessel only. Where several vessels are
taking part in the same fishing operation , each vessel must be in possession of
a licence .
4 * The captains of vessels holding a licence must comply with the special
conditions laid >down in Annex II . Such conditions shall form part of the licence
                               Article 5
1 . The captains of vessels holding a licence for the fisheries mentioned in
Annex I must supply the information specified in the licence to the Commission
through the radio station indicated in paragraph 4 of Annex II .
2 . Copies of the relevant pages of the logbook referred to in paragraph 3 of
Annex II shall be submitted to the Commission within thirty days of the last day
of each fishing trip within the fishing zone referred to in Article 1 .
                               Article 6
The French authorities shall take appropriate measures to ensure the
implementation of this Regulation including the regular inspection of vessels .
                               Article 7
Where an infringement is duly found to have taken place , the French
authorities shall , without delay , inform the Commission of the name of the
vessel involved and details of any action they have taken . ' •
                               Article 8
The validity of the licences issued by the Commission under Article 2(3) (a) of
Regulation (EEC) No 3153/78 is hereby extended until 31 January 1980.
 ---pagebreak---                               - - 5 -
                             Article 9
This Regulation shall enter into force on 1 January 198O .
This Regulation shall be binding in its entirety and directly applicable to all
Member States .
Done at Brussels .
                                                          For the Council
                                                           The President
 ---pagebreak--- No L 374m
                                                                                                      30. 12. 78
                                                       ANNEX I
           L Fishing possibilities for ihc period 1 January so 31 D -ucmbcf 1 980 :
         t    (a) Species:              Shrimps :
                                                                                      Qnamity (totmm)
                   Country:             Barbados: .                                        30
                                        Guyana :                                       .  30
                                        Japan :                                           92
                                        Korea :                                          191
                                        Surinam :
                                                                                    •     90
                                        Trinidad and Tobago?                              30
                                        United States of Amen«a :                        107
              (b) Species:              Tuna-like species :
                   Country:             Japan                                         No limitation
                                        Korea                                         No limitation
              (e) Specie*:              Fish other than cuna»i&c species:
                   Country:             Venezuela                                     Ko limitation
           2. Number of vessels referred to in Article 2 (2);
              Japan:                                            5
            ■ Korea :                                         jq
               Venezuela:                                       6
           3. Number of vessels referred -to in Article 2'(3)(a,):
               United States of America;.                     59
               Japan :                                        22
           4. Maximum number -J fashing day# referred to in Article 2 (3) (b):
               Barbados:                                    360
               Guyana :                                     360
               Japan :                                 1 104
               Korea :                                 2 292
               Surinam :                               1 080
               Trinidad and Tobago:                         360
               United States of America:               1 284
           5. Maximum number of vessels referred to in Article 2 (3) (b)i
               Barbados:                                       2
               Guyana :                                       2
               Japan :                                        6
                Korea:                                       13
                Surinam :                                     6
               Trinidad and Tobago:                           2
               United States of America:                      7
 ---pagebreak---                          ANNEX II            _
                     Special conditions
  The fishing licence must be on board the vessel .
  The registration letters and numbers of the licensed vessel must be clearly
  marked on the bow of the vessel at both sides and on each side of the
  superstructure where it can best be seen.
  The letters and numbers shall be painted in a colour contrasting with that
  of the hull or superstructure and shall not be effaced , altered, covered
  or otherwise obscured .         '               ■■   ■..'          ' -
  A log-book must be kept in which the following details are to be . entered
- after each haul :
  ( 1 ) the quantity ( in kg) of each species caught ;
  ( 2) the date and time of the haul ;
  ( 3) the geographical position in which the catches were made . ;      < -  •
  Information must be transmitted by the licensed vessel to the Commission of
  the European Communities at Brussels' (tele* address 24189 PISEU-B ) via
  CAYENNE radio station ( call sign : FFJ) in accordance with the following
  timetable :
  ( 1 ) on each occasion the vessel enters the 200 nautical–mile fishing zone
        off the coasts of the French Department of G-uyana , hereafter called
      . the " zone";
  ( 2) on each occasion the vessel leaves the zone ;
  ( 3) on each occasion the vessel enters a port of a Member State j
  (4) on each occasion the vessel leaves a port of a Member State ;
  ( 5) at weekly intervals, commencing either on the seventh day after the
 ---pagebreak---           vesse .,. first enttis the sono ? as j. ndioat e-1 ur-der 4*1 above or on the
          seventh day after the vessel leaves a port as indicated under 4 • 4 above .
 5«  Messages transmitted ircid.er the' provisions of the licence and in accordance
     with the timetable set out ;.n point 4 above must contain the following
     information , where applicable , and bo transmitted in the order given below !
     - name of vessel ;
     - call sign ;
    - licence number ;
    – serial number of the message for the voyage m question ;
    – indication of the type of message taking into account the timetable
       mentioned under point 4 above ;
    - the date ;
    - the time ;
    - the geographical position ;
    - the quantity ( in kg) of each species of fish in the hold ;
    - the quantity in kg of each species caught since the previous transmission ;
    - the geographical coordinates in which the catches were taken ;
    - the quantity ( in kg) of each species transferred to other vessels since
       the previous transmission ;
    - the name , call sign , and if applicable , the licence number of the vessel
       to which the transfer was made ;
    - the name of the master .
6.  The following codes shall be U3ed to indicate the species of fish on
    board as mentioned in point 5 above :
    S:   Shrimp ( Penaeidae ).      R:   Other
    2:   Tuna
7.  If it is impossible , for reasons of force majeure , for the message to be
    transmitted by the licensed vessel , it may be transmitted on that vessel 's
    behalf by another vessel .