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

Part A North Atlantic including the North Sea, Skagerrak and Kattegat

1. Landing and weighing procedures for herring, mackerel and horse mackerel

1.1. Scope

1.1.1. The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in:

(a)

for herring, ICES Subareas I, II, IV, VI and VII and Divisions III a, and Vb;

(b)

for mackerel and horse mackerel, in ICES Subareas III, IV, VI and VII and Division IIa.

1.2. Designated ports

1.2.1. Landings referred to in point 1.1 are only permitted in designated ports.

1.2.2. Each Member State concerned shall transmit to the Commission changes in the list, transmitted in 2004, of designated ports in which landings of herring, mackerel and horse mackerel may take place and, changes in inspection and surveillance procedures for those ports including the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in point 1.1.1. within each landing. Those changes shall be transmitted at least 15 days before they enter into force. The Commission shall transmit this information as well as ports designated by third countries to all Member States concerned

1.3. Entry to port

1.3.1. The master of a fishing vessel referred to in point 1.1.1. or his agent shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing of the Member State concerned of the following:

(a)

the port he intends to enter, the name of the vessel and its registration number;

(b)

the estimated time of arrival at that port;

(c)

the quantities in kilograms live weight by species retained on board;

(d)

the management area in accordance with Annex I to this Regulation where the catch was taken.

1.4. Discharge

1.4.1. The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so.

1.5. Logbook

1.5.1. By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook to the competent authority at the port of landing.

The quantities retained on board, notified prior to landing as referred to in point 1.3.1.(c), shall be equal to the quantities recorded in the logbook after its completion.

By way of derogation from the provisions of Article 5 (2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 8 %.

1.6. Weighing of fresh fish

1.6.1. All buyers purchasing fresh fish shall ensure that all quantities received are weighed on systems approved by the competent authorities. The weighing shall be carried out prior to the fish being sorted, processed, held in storage and transported from the port of landing or resold. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and take-over declarations.

1.6.2. When determining the weight any deduction for water shall not exceed 2 %.

1.7. Weighing of fresh fish after transport

1.7.1. By way of derogation from point 1.6.1. Member States may permit fresh fish to be weighed after transport from the port of landing provided that the fish is transported to a destination on the territory of the Member State no more than 100 kilometres from the port of landing and that:

(a)

the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed, or

(b)

approval is given by the competent authorities at the place of landing to transport the fish subject to the following provisions:

(i)

immediately prior to the tanker leaving the port of landing, the buyer or his agent shall provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it is to be discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed as well as the estimated time of arrival of the tanker at the destination;

(ii)

a copy of the declaration provided for in (i) shall be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination.

1.8. Weighing of frozen fish

1.8.1. All buyers or holders of frozen fish shall ensure that the quantities landed are weighed prior to the fish being processed, held in storage, transported from the port of landing or resold. Any tare weight equal to the weight of boxes, plastic or other containers in which the fish to be weighed is packed may be deducted from the weight of any quantities landed.

1.8.2. Alternatively, the weight of frozen fish packed in boxes may be determined by multiplying the average weight of a representative sample based on weighing the contents removed from the box and without plastic packaging whether or not after the thawing of any ice on the surface of the fish. Member States shall notify to the Commission for approval any changes in their sampling methodology approved by the Commission during 2004. Changes shall be approved by the Commission. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and take-over declarations.

1.9. Sales note and take-over declaration

1.9.1. In addition to the provisions of Article 9 (5) of Regulation (EC) No 2847/93 the processor or buyer of all fish landed shall submit a copy of the sales note or take-over declaration to the competent authorities of the Member State concerned on demand but in any event no later than 48 hours after the completion of the weighing.

1.10 Weighing facilities

1.10.1. In cases where publicly operated weighing facilities are used the party weighing the fish shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or take-over declaration.

1.10.2. In cases where privately operated weighing facilities are used the system shall be approved, calibrated and sealed by the competent authorities and be subject to the following provisions:

(a)

the party weighing the fish shall keep a paginated weighing logbook indicating:

(i)

the name and registration number of the vessel from which the fish has been landed,

(ii)

the identity number of the tankers in cases where fish has been transported from the port of landing before weighing,

(iii)

the species of fish,

(iv)

the weight of each landing,

(v)

the date and time of the beginning and end of the weighing.

(b)

where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. Such cumulative total shall be recorded in the paginated logbook referred to in point (a);

(c)

the weighing logbook and the copies of written declarations provided for in point 1.7.1. (b) (ii) shall be kept for three years.

1.11. Access by competent authorities

The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.

1.12. Cross checks

1.12.1. The competent authorities shall carry out administrative cross checks on all landings between the following:

(a)

quantities by species indicated in the prior notice of landing, referred to in point 1.3.1 and the quantities recorded in the vessel's logbook,

(b)

quantities by species recorded in the vessel's logbook and the quantities recorded in the landing declaration,

(c)

quantities by species recorded on the landing declaration and the quantities recorded in the take-over declaration or the sales note.

1.13. Full inspection

1.13.1. The competent authorities of a Member State shall ensure that at least 15 % of the quantities of fish landed and at least 10 % of the landings of fish are subject to full inspections which shall include at least the following:

(a)

monitoring of the weighing of the catch from the vessel, by species. In the case of vessels pumping catch ashore the weighing of the entire discharge from the vessels selected for inspection shall be monitored. In the case of freezer trawlers, all boxes shall be counted. A representative sample of boxes/pallets shall be weighed in order to arrive at an average weight for the boxes/pallets. Sampling of boxes shall also be undertaken according to an approved methodology in order to arrive at an average net weight for the fish (without packing, ice);

(b)

in addition to the cross checks referred to in point 1.12 cross verification between the following:

(i)

quantities by species recorded in the weighing logbook and the quantities by species recorded in the take-over declaration or the sales note;

(ii)

the written declarations received by the competent authorities pursuant to point 1.7.1. (b) (i) and the written declarations held by the receiver of the fish pursuant to point 1.7.1 (b) (ii);

(iii)

identity numbers of tankers that appear in the written declarations provided for in point 1.7.1 (b) (i) and the weighing logbooks;

(c)

if the discharge is interrupted, permission shall be required before the discharge can recommence;

(d)

verification that the vessel is empty of all fish, once the discharge has been completed.

1.14. Documentation

1.14.1. All inspection activities covered by point 1 shall be documented. Such documentation shall be kept for 3 years.

2. Fishing for herring in ICES Division IIa (EC waters)

It shall be prohibited to land or retain on board herring caught in Division IIa (EC waters) in the periods 1 January to 28 February and 16 May to 31 December.

3. Technical conservation measures in the Skagerrak and in the Kattegat

By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 1 to this Annex shall apply.

4. Restrictions on fishing for Cod

4.1. ICES Division VIa

Until 31 December 2006, it shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

• 59^o05'N, 06^o45'W

• 59^o30'N, 06^o00'W

• 59^o40'N, 05^o00'W

• 60^o00'N, 04^o00'W

• 59^o30'N, 04^o00'W

• 59^o05'N, 06^o45'W.

4.2. ICES Divisions VII f and g

From 1 February 2006 until 31 March 2006, it shall be prohibited to conduct any fishing activity in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.

4.3. By way of derogation from points 4.1. and 4.2. it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that:

(i)

no fishing gear other than pots and creels are carried on board, and

(ii)

no fish other than shellfish and crustacea are retained on board.

4.4. By way of derogation from points 4.1. and 4.2., it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that:

(i)

no net of mesh size greater than or equal to 55 mm is carried on board, and

(ii)

no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.

5. Closure of an area for sandeel fisheries

5.1. It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

• the east coast of England at latitude 55^o30'N,

• latitude 55^o30'N, longitude 1^o00'W,

• latitude 58^o00'N, longitude 1^o00'W,

• latitude 58^o00'N, longitude 2^o00'W,

• the east coast of Scotland at longitude 2^o00'W.

5.2. Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

6. Rockall Haddock box

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Point No	Latitude	Longitude
1	57o00'N	15o00'W
2	57o00'N	14o00'W
3	56o30'N	14o00'W
4	56o30'N	15o00'W

7. Technical conservation measures in the Irish Sea

The technical conservation measures referred to in Articles 2, 3 and 4 of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa)(1) shall temporarily apply in 2006.

8. Use of gillnets in ICES Divisions VIa, b and VIIb, c, j, k and Subarea XII

8.1. For the purposes of this Annex, ‘Gillnet’ and ‘Entangling net’ means a gear made up of a single piece of net and held vertically in the water by floats and weights. It catches living aquatic resources by entangling or enmeshing.

8.2. For the purposes of this Annex, ‘Trammel net’ means a gear made up of two or more pieces of net hung jointly in parallel on a single headline and held vertically in the water.

8.3. Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in:

(a)

ICES Divisions VIa, b and VII b, c, j, k

(b)

ICES Subarea XII east of 27^o W.

8.4. All nets referred to in points 8.1 and 8.2. shall be removed from the areas referred to in point 8.3. by 1 February 2006.

9. Condition for fisheries with certain towed gears authorized in the Bay of Biscay

By way of derogation of the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for recovery of the stock of hake in ICES subareas III, IV, V, VI and VII and ICES Divisions VIII a, b, d, e(2), it shall be permitted to conduct fishing activity using trawls, Danish seines and similar gears, except beam trawls, of mesh size range 70 to 99 mm in the area defined in Article 5(1)(b) of Regulation (EC) No 494/2002 if the gear is fitted with a square mesh window in accordance with Appendix 3 to this Annex.

10. Fishing effort for deep sea species

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2006:

10.1. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

10.2. It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit.

11. Interim measures for the protection of vulnerable deep-sea habitats

It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

• The Hecate Seamounts:

  • 52^o 21.2866' N, 31^o 09.2688' W

  • 52^o 20.8167' N, 30^o 51.5258' W

  • 52^o 12.0777' N, 30^o 54.3824' W

  • 52^o 12.4144' N, 31^o 14.8168' W

  • 52^o 21.2866' N, 31^o 09.2688' W

• The Faraday Seamounts:

  • 50^o 01.7968' N, 29^o 37.8077' W

  • 49^o 59.1490' N, 29^o 29.4580' W

  • 49^o 52.6429' N, 29^o 30.2820' W

  • 49^o 44.3831' N, 29^o 02.8711' W

  • 49^o 44.4186' N, 28^o 52.4340' W

  • 49^o 36.4557' N, 28^o 39.4703' W

  • 49^o 29.9701' N, 28^o 45.0183' W

  • 49^o 49.4197' N, 29^o 42.0923' W

  • 50^o 01.7968' N, 29^o 37.8077' W

• Part of the Reykjanes Ridge:

  • 55^o 04.5327' N, 36^o 49.0135' W

  • 55^o 05.4804' N, 35^o 58.9784' W

  • 54^o 58.9914' N, 34^o 41.3634' W

  • 54^o 41.1841' N, 34^o 00.0514' W

  • 54^o 00.0'N, 34^o 00.0' W

  • 53^o 54.6406' N, 34^o 49.9842' W

  • 53^o 58.9668' N, 36^o 39.1260' W

  • 55^o 04.5327' N, 36^o 49.0135' W

• The Altair Seamounts:

  • 44^o 50.4953' N, 34^o 26.9128' W

  • 44^o 47.2611' N, 33^o 48.5158' W

  • 44^o 31.2006' N, 33^o 50.1636' W

  • 44^o 38.0481' N, 34^o 11.9715' W

  • 44^o 38.9470' N, 34^o 27.6819' W

  • 44^o 50.4953' N, 34^o 26.9128' W

• The Antialtair Seamounts:

  • 43^o 43.1307' N, 22^o 44.1174' W

  • 43^o 39.5557' N, 22^o 19.2335' W

  • 43^o 31.2802' N, 22^o 08.7964' W

  • 43^o 27.7335' N, 22^o 14.6192' W

  • 43^o 30.9616' N, 22^o 32.0325' W

  • 43^o 40.6286' N, 22^o 47.0288' W

  • 43^o 43.1307' N, 22^o 44.1174' W

12. CECAF

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region shall be 450 g (gutted). Octopus under the minimum size of 450 g (gutted) shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

13. Vessels engaged in illegal, unreported and unregulated fisheries in the North-East Atlantic

13.1. Vessels that have been placed by the North-East Atlantic Fisheries Commission (NEAFC) on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels) are listed in Appendix 4. The following measures shall apply to these vessels:

(a)

IUU vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and any other matter relating to the vessel's activities in the Regulatory Area of NEAFC. Information on the result of the inspections shall immediately be transmitted to the Commission;

(b)

fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State shall not in any way assist IUU vessels or participate in any transhipment or joint fishing operations with vessels on that list;

(c)

IUU vessels shall not be supplied in ports with provisions, fuel or other services;

(d)

IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

(e)

imports of fish coming from IUU vessels shall be prohibited;

(f)

Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels.

13.2. The Commission shall amend the list to be in accordance with the NEAFC list as soon as NEAFC adopts a new list.

14. Electric Fishing

By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical current shall be allowed under conditions to be established by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of advice from STECF.

(1)

OJ L 41, 13.2.2002, p. 1.

(2)

OJ L 77, 20.3.2002, p. 8.