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

ANNEX IIC U.K.

FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS

[F1 1. Scope U.K.

1.1. 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 Division VIIe. For the purposes of this Annex, a reference to the year 2006 means the period from 1 February 2006 to  31 January 2007 . U.K.

1.2. Vessels fishing with static nets greater 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: U.K.

(a)

such vessels catch less than 300 kg live weight of sole in 2006,

and

(b)

such vessels do not tranship any fish at sea to another vessel,

and

(c)

each Member State concerned submit a report to the Commission by  31 July 2006 and  31 January 2007 on these vessels' track records for sole in 2004 and catches of sole in 2006.

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.]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 1782/2006 of 20 November 2006 amending Regulations (EC) No 51/2006 and (EC) No 2270/2004, as regards fishing opportunities and associated conditions for certain fish stocks.

[F1 2. Definition of days present within an area U.K.

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 Division 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. Definition of fishing gear U.K.

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 U.K.

4. Obligations of the member States U.K.

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 set out in point 7.

5. Levels of fishing effort U.K.

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 [X1 in the years 2002, 2003, 2004 or 2005 in that area] unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. U.K.

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.

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 16 of 20 January 2006).

5.2. 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 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 [X1 according to point 13 of this Annex.] U.K.

6. Calculation of the fishing effort U.K.

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 U.K.

[F1 7. Maximum number of days U.K.

7.1. The maximum number of days per year for which a vessel may 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. U.K.

7.2. The number of days per year 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 the number of days in which the vessel is present in the areas covered in Annex IIA shall comply with the maximum number fixed in accordance with Annex IIA.] U.K.

8. Management periods U.K.

8.1. Member States may divide the days present within the area given in Table I into management periods of durations of one or more calendar months. U.K.

8.2. The number of days for which a vessel may be present within the area during a management period shall be fixed at the discretion of Member States concerned. U.K.

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 using a gear for which no maximum number of days has been fixed U.K.

9. Allocation of additional days for permanent cessations of fishing activities U.K.

9.1. An additional number of days on which a vessel may be present within the 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 resulting from other circumstances duly motivated by Member States. The additional number of days allocated to vessels in a given gear category will be directly proportional to the fishing effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question compared to the comparable level of effort expended by all vessels using that gear during 2003. 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 5.2 U.K.

9.2. Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details the permanent cessations of fishing activities in question. U.K.

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. U.K.

10. Allocation of additional days for enhanced observer coverage U.K.

10.1 Three additional days on which a vessel may be present within the area when [X1 carrying on board any of the gears referred to in point 3] may be allocated in 2006 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. U.K.

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. U.K.

10.3 On the basis of this description, and after consultation with STECF, the Commission [X1 may amend the number of days defined in point 7] for the Member State concerned and for the area and gear grouping concerned in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

F2 11. Conditions for derogations from the normal allocation of days U.K.

F2 11.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F2 11.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F2 11.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Deleted by Council Regulation (EC) No 1782/2006 of 20 November 2006 amending Regulations (EC) No 51/2006 and (EC) No 2270/2004, as regards fishing opportunities and associated conditions for certain fish stocks.

[F1 TABLE I

Maximum number of days a vessel may be present within the area by fishing gear per year

a Only the denominations in point 3.]
Gear group point 3	Denomination a	Western Channel
3.a	Beam trawls of mesh size ≥ 80 mm	216
3.b	Static nets with mesh size < 220 mm	216

EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE AREA U.K.

12. Transfer of days between fishing vessels flying the flag of a Member State U.K.

12.1. In accordance with the provisions laid down in point 5, a Member State may permit any of its fishing vessels flying its flag to transfer days present within the area for which it is eligible 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. U.K.

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 and 2004, multiplied by the engine power in kilowatts of that vessel. U.K.

12.3. The transfer of days as described in point 12.1. shall be permitted only between vessels operating within the same gear grouping referred to in point 3. and during the same management period. U.K.

[F1 12.4. 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.] U.K.

13. Transfer of days between fishing vessels flying the flag of different Member States U.K.

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 5.1., 5.2, 6 and 12. Where Member States decide to authorize such a transfer, as a preliminary they shall notify the Commission not only of that transfer expressed in number of days and in fishing effort but also expressed in fishing quotas relating thereto, as agreed between them.

USE OF FISHING GEAR U.K.

14. Notification of fishing gear U.K.

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 gears referred to in point 3.

15. Non-fishing related activities. U.K.

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.

16. Transit U.K.

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 U.K.

[F1 17. Fishing effort messages U.K.

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the fishing gears defined in point 3 and operating in the area defined in point 1. 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.]

18. Recording of relevant data U.K.

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.

19. Cross-checks U.K.

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. Alternative control measures U.K.

Member States may implement alternative control measures to ensure compliance with the obligations referred in point 17 of this Annex which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

21. Prior notification of transhipments and landings U.K.

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.

22. Margin of tolerance in the estimation of quantities reported in the logbook U.K.

By way of derogation from Article 5(2) of Commission Regulation (EEC) No 2807/83, the permitted margin of tolerance, when estimating quantities, in kilograms retained on board of vessels referred to in point 17 shall be 8 % of the logbook figure. [X1 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.

23. Separate stowage U.K.

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.

24. Weighing U.K.

24.1. The competent authorities of a Member State shall ensure that any quantity of sole exceeding 300 kg caught in the area shall be weighed using auction room scales before sale. U.K.

24.2. 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. U.K.

25. Transport U.K.

By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of any species in fisheries referred to in Article 7 of this Regulation which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

26. Specific monitoring programme U.K.

By way of derogation from Article 34c(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for any of the stocks in fisheries referred to in Article 7 may last more than two years from their date of entry into force.

REPORTING OBLIGATIONS U.K.

27. Collection of relevant data U.K.

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 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.

[F1 28. Communication of relevant data U.K.

28.1. On request of the Commission, Members States shall make available to it a spreadsheet with the data referred to in point 27 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. U.K.

28.2. A new format of spreadsheet may be adopted for the purpose of making the data referred to in point 27 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.] U.K.