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

IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

5. Obligations of the Member States

Each Member State shall ensure that, when carrying on board any of the fishing gears referred to in point 4, fishing vessels flying its flag and registered in the Community shall be present within an area defined in point 2 for no more than the number of days set out in point 8.

6. Levels of fishing effort

6.1. A Member State shall not permit fishing with a gear defined in point 4 in any areas defined in point 2 by any vessels flying its flag which have no record of such fishing activity in the years 2001, 2002, 2003, 2004 or 2005 in that 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 area in question.

However, a vessel with a track record of using a gear defined in point 4 may be authorised to use a different gear defined in point 4, 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.

6.2 A vessel flying the flag of a Member State having no quotas in an area defined in point 2 shall not be permitted to fish with a gear defined in point 4 in that area, unless the vessel is allocated a quota after a transfer as permitted according to Article 20(5) of Regulation (EC) No 2371/2002 and is allocated days at sea according to point 15 of this Annex.

7. Calculation of fishing effort

A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex any days when the vessel was present within an area but unable to fish because it was assisting another vessel in need of emergency aid nor any days when the vessel has been present within an 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 competent authorities.

8. Maximum number of days

8.1. For the purpose of fixing the maximum number of days a fishing vessel may be present within the area, the following special conditions shall apply in accordance with Table I:

(a)

The vessel must comply with the conditions laid down in Appendix 1

(b)

The vessel must comply with the conditions laid down in Appendix 2

(c)

The total landings of cod in 2002 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, must represent less than 5% of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(d)

The total landings of cod, sole and plaice in 2002 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, must represent less than 5% of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(e)

The total landings in 2002 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, must represent less than 5% cod and more than 60% plaice of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(f)

The total landings in 2002 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, must represent less than 5% cod and more than 5% turbot and lumpsucker of the total landings of all species made by the vessel in 2002 according to the landings in live weight consigned in the Community logbook.

(g)

The vessel must be equipped with a trammel net of mesh size ≤ 110 mm and must be absent from port for no more than 24 hours at a time.

(h)

The vessel must fly the flag and be registered in a Member State having developed a system, approved by the Commission, of automatic suspension of fishing licences in respect of infringements by vessels qualifying for this special condition.

(i)

The vessel shall have been present in the area in the years 2003, 2004 or 2005 with fishing gear on board referred to in point 4, and in 2006 the quantities of cod retained on board shall represent less than 5% of the total landings of all species made by the vessel according to the landings in live weight recorded in the Community logbook. During a management period when a vessel is making use of this provision the vessel may not at any time carry on board fishing gear other than that specified in points 4.b.iii. or 4.b.iv.

(j)

The vessel must comply with conditions laid down in Appendix 3.

(k)

The total landings in 2002 made by the vessel or by the vessels using similar gears and qualifying for this special condition mutatis mutandis that it has replaced in accordance with Community law, must represent less than 5% cod and more than 60% plaice of the total landings in live weight consigned in the Community logbook during the May - October period. At least 55% of the maximum number of days available under this special condition shall apply in the area east of 4°30'W in the months of May to October inclusive.

8.2. The maximum number of days per year for which a vessel may be present within any one of the areas defined as in point 2 having carried on board any one of the fishing gears referred to in point 4 is shown in Table I.

8.3. The maximum number of days per year for which a vessel may be present within any combination of areas defined in point 2 may not be higher than the highest number of days allocated for one of the areas composing it.

8.4. A day present within an area defined in point 2 of this Annex shall also count against the total number of days present within the area defined in point 1 of Annex IIC for a vessel operating with the same gear categories.

8.5. 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.

9. Management periods

9.1. A Member State may divide the days within an area given in Table I into management periods of durations of one or more calendar months.

9.2. The number of days for which a vessel may be present within any of the areas defined in point 2 during a management period shall be fixed at the discretion of the Member State concerned.

9.3. 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 any area referred to in point 2 for the remainder of the management period unless using only unregulated gear as described in point 18.

10. Allocation of additional days for permanent cessation of fishing activities

10.1. 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 4 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 2002 either in accordance with Article 7 of Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(1) or resulting from other circumstances duly motivated by Member States. The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question shall be compared to comparable level of effort expended by all vessels using that gear during 2001. 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 6.2.

10.2. Member States wishing to benefit from the allocations referred to in point 10.1. shall submit a request to the Commission with reports containing the details of the permanent cessations of fishing activities in question.

10.3. On the basis of such a request the Commission may amend the number of days defined in point 8.2. for that Member State in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002.

10.4. Any additional number of days resulting from permanent cessation of activity previously allocated by the Commission remains allocated in 2006.

11. Allocation of additional days for enhanced observer coverage

11.1 Three additional days on which a vessel may be present within the area when carrying onboard any of the gears referred to in point 4 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.

11.2 Member States wishing to benefit from the allocations referred to in point 11.1 shall submit a description of their enhanced observer coverage programme.

11.3 On the basis of this description, and after consultation with STECF, the Commission may amend the number of days defined in point 8.2 for that Member State 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.

12. Conditions for derogations from the normal allocation of days

12.1 The special fishing permit referred to in Article 7(3) for any vessel benefiting of any special conditions listed in point 8.1. shall identify such conditions.

12.2 If an additional number of days is allocated to a vessel resulting from compliance with any of the special conditions listed in points 8.1.(b), (c), (d), (e), (f) or (k), the catches taken by that vessel and retained on board shall consist of no more than the percentage of those species referred to in these points. The vessel shall not tranship any fish to another vessel. 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 submitted special conditions.

13.

Table I

Maximum days a vessel may be present in 2006 within an area by fishing gear

a Only the denominations in points 4 and 8 are used.
b Application of Regulation (EC) No 850/98 where restrictions exist.
			Areas as defined in point:
Gear group Point 4	Special condition Point 8	Denominationa	2.aKattegat	2.b1 — Skaggerak2 — II, IVa, b,c,3 — VIId			2.cVIIa	2.dVIa
				1	2	3
4.a.i		Trawls or Danish seines with mesh size ≥ 16 and < 32 mm	228b	228b			228	228
4.a.ii		Trawls or Danish seines with mesh size ≥ 70 and < 90 mm	n.r.	n.r.	227		227	227
4.a.iii		Trawls or Danish seines with mesh size ≥90 and < 100 mm	103	103	227		227	227
4.a.iv		Trawls or Danish seines with mesh size ≥ 100 and < 120 mm	103	103			114	91
4.a.v		Trawls or Danish seines with mesh size ≥ 120 mm	103	103			114	91
4.a.iii	8.1.(a)	Trawls or Danish seines with mesh size ≥ 90 and < 100 mm with a 120 mm square mesh window	137	137	227		227	227
4.a.iv	8.1.(a)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm with a 120 mm square mesh window	137	137	103		114	91
4.a.v	8.1.(a)	Trawls or Danish seines with mesh size ≥ 120 mm with a 120 mm square mesh window	137	137	103		114	91
4.a.v	8.1.(j)	Trawls or Danish seines with mesh size ≥ 120 mm with a 140 mm square mesh window	149	149	115		126	103
4.a.ii	8.1.(b)	Trawls or Danish seines with mesh size ≥ 70 and < 90 mm complying with the conditions laid down in Appendix 2	Unlimited	Unlimited			Unl.	Unl.
4.a.iii	8.1.(b)	Trawls or Danish seines with mesh size ≥ 90and < 100 mm complying with the conditions laid down in Appendix 2	Unlimited	Unlimited			Unl.	Unl.
4.a.iv	8.1.(c)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod	148	148			148	148
4.a.v	8.1.(c)	Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod	160	160			160	160
4.a.iv	8.1.(k)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	n.r.			166	n.r.
4.a.v	8.1.(k)	Trawls or Danish seines with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	n.r.			178	n.r.
4.a.v	8.1.(h)	Trawls or Danish seines with mesh size ≥ 120 mm operating under a system of automatic suspension of fishing licences	115	115			126	103
4.a.ii	8.1.(d)	Trawls or Danish seines with mesh size ≥ 70 and < 90 mm track records represent less than 5 % of cod, sole and plaice	280	280			280	280
4.a.iii	8.1.(d)	Trawls or Danish seines with mesh size ≥ 90 and < 100 mm track records represent less than 5 % of cod, sole and plaice	Unlimited	Unl.	280		280	280
4.a.iv	8.1.(d)	Trawls or Danish seines with mesh size ≥ 100 and < 120 mm track records represent less than 5 % of cod, sole and plaice	Unlimited	Unlimited			Unl.	Unl.
4.a.v	8.1.(d)	Trawls or Danish seines with mesh size > 120 mm track records represent less than 5 % of cod, sole and plaice	Unlimited	Unlimited			Unl.	Unl.
4.b.i		Beam trawls with mesh size ≥ 80 and < 90 mm	n.r.	143b		Unl.	143	143b
4.b.ii		Beam trawls with mesh size ≥ 90 and < 100 mm	n.r.	143b		Unl.	143	143b
4.b.iii		Beam trawls with mesh size ≥ 100 and < 120 mm	n.r.	143		Unl.	143	143
4.b.iv		Beam trawls with mesh size ≥ 120 mm	n.r.	143		Unl.	143	143
4.b.iii	8.1.(c)	Beam trawls with mesh size ≥ 100and < 120 mm track records shall represent less than 5 % of cod	n.r.	155		Unl.	155	155
4.b.iii	8.1.(i)	Beam trawls with mesh size ≥ 100 and < 120 mm for vessels having used beam trawls of mesh < 100 mm in 2003, 2004 or 2005.	n.r.	155		Unl.	155	155
4.b.iv	8.1.(c)	Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod	n.r.	155		Unl.	155	155
4.b.iv	8.1.(i)	Beam trawls with mesh size ≥ 120mm for vessels having used beam trawls of mesh < 100mm in 2003, 2004 or 2005.	n.r.	155		Unl.	155	155
4.b.iv	8.1.(e)	Beam trawls with mesh size ≥ 120 mm track records shall represent less than 5 % of cod and more than 60 % of plaice	n.r.	155		Unl.	155	155
4.c.i		Gillnets and entangling nets with mesh size < 110 mm	140	140			140	140
4.c.ii		Gillnets and entangling nets with mesh size ≥ 110 mm and < 220 mm	140	140			140	140
4.c.iii	8.1.(f)	Gillnets and entangling nets with mesh size ≥ 220 mm track records shall represent less than 5 % of cod and more than 5 % of turbot and lumpsucker	162	140	162	140	140	140
4.d		Trammel nets	140	140			140	140
4.d	8.1.(g)	Trammel nets with mesh size < 110 mm. The vessel shall be absent from the port no more than 24 h.	140	140	205		140	140
4.e		Long-lines	173	173			173	173

n.r. means non relevant

(1)

OJ L 337, 30.12.1999, p. 10. Regulation as last amended by Regulation (EC) No 485/2005 (OJ L 81, 30.3.2005, p. 1).