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Council Regulation (EC) No 51/2006Show full title

Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 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

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IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

4.Obligations of the Member States

Each Member State shall ensure that, when carrying on board any of the 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 specified in point 7.

5.Levels of fishing effort
5.1.A Member State shall not permit fishing with a gear 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 or 2005 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.

However, a vessel with a track record of using a gear defined in point 3 may be authorised to use a different gear defined in point 3, 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.

5.2A vessel flying the flag of a Member State having no quotas in the area defined in point 1 shall not be permitted to fish with a gear defined in point 3 in that area, 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 13 of this Annex.
6.Calculation of fishing effort

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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