FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS [X1IN THE SKAGERRAK AND KATTEGAT] ICES ZONES IV, VIA, VIIA, VIID AND EC WATERS OF ICES ZONE IIA
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 4 and present in the Skagerrak, Kattegat and ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa. For the purposes of this Annex, a reference to the year 2007 means the period from 1 February 2007 to 31 January 2008.
Kattegat;
Skagerrak, ICES zones IV and VIId and EC waters of ICES zone IIa;
ICES zone VIIa;
ICES zone VIa.
ICES zone VIa excluding that part of ICES zone VIa that lies to west of a line drawn by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
60o00’N, 04o00’W
59o45’N, 05o00’W
59o30’N, 06o00’W
59o00’N, 07o00’W
58o30’N, 08o00’W
58o00’N, 08o00’W
58o00’N, 08o30’W
56o00’N, 08o30’W
56o00’N, 09o00’W
55o00’N, 09o00’W
55o00’N, 10o00’W
54o30’N, 10o00’W
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 geographical areas defined in point 2.1 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.
Trawls, Danish seines and similar gears, except beam trawls, of mesh size:
equal to or larger than16 mm and less than 32 mm;
equal to or larger than 70 mm and less than 90 mm;
equal to or larger than 90 mm and less than 100 mm;
equal to or larger than 100 mm and less than 120 mm;
equal to or larger than 120 mm;
Beam trawls of mesh size:
equal to or larger than 80 mm and less than 90 mm;
equal to or larger than 90 mm and less than 100 mm;
equal to or larger than 100 mm and less than 120 mm;
equal to or larger than 120 mm;
Gillnets, entangling nets with mesh size, except trammel nets:
less than 110 mm;
equal to or larger than 110 mm and less than 150 mm;
equal to or larger than 150 and less than 220 mm;
equal to or larger than 220 mm;
Trammel nets;
Longlines.
grouping of fishing gears 4.1.a.i within any area;
groupings of fishing gears 4.1.a.ii within any area and 4.1.a.iii in zones IV, VIa, VIIa, VIId and EC waters of zone IIa;
groupings of fishing gears 4.1.a.iii in Skagerrak and Kattegat, 4.1.a.iv and 4.1.a.v within any area;
groupings of fishing gears 4.1.b.i, 4.1.b.ii, 4.1.b.iii, and 4.1.b.iv within any area;
groupings of fishing gears 4.1.c.i, 4.1.c.ii, 4.1.c.iii, 4.1.c.iv and 4.1.d within any area;
grouping of fishing gears 4.1.e within any area.
However, a vessel with a track record of using a gear belonging to a grouping of fishing gear defined in point 4.1 may be authorized to use a fishing gear, 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.
Each Member State shall ensure that, when carrying on board any of the groupings of fishing gear referred to in point 4.1, fishing vessels flying its flag and registered in the Community shall be present within a geographical area defined in point 2.1 for no more than the number of days set out in point 8.
A Member State shall not count against the days present within an area allocated to any of vessels flying its flag under this Annex either 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 or any days when a 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.
The vessel must comply with the conditions laid down in Appendix 1.
The vessel must comply with the conditions laid down in Appendix 2 to Annex III and the catch retained onboard shall consist of less than 5 % of cod and of [X1more than 70 % of Norway lobster].
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.
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. Alternatively, the condition may be met that in any fishing trip during 2007 the catches of cod, sole and plaice must represent less than 5 % of the total catch during that trip and that an observer is permanently on board.
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.
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.
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.
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.
The vessel must have been present in the area in the year 2003, 2004, 2005 or 2006 with fishing gear on board referred to in point 4.1.b. In 2007 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 4.1.b.iii or 4.1.b.iv.
The vessel must comply with conditions laid down in Appendix 2.
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 4o30'W in the months of May to October inclusive.
The vessel must comply with conditions laid down in Appendix 3.
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 5.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.]
Textual Amendments
Textual Amendments
| Table I | ||||||||
| Maximum days a vessel may be present in 2007 within an area by fishing gear | ||||||||
| a Only the denominations in points 4.1 and 8.1 are used. | ||||||||
| b Application of Title V of Regulation (EC) No 850/98 where restrictions exist. | ||||||||
| Areas as defined in point: | ||||||||
|---|---|---|---|---|---|---|---|---|
| Gear Point 4.1 | Special condition Point 8 | Denominationa | 2.aKattegat | 2.b1 — Skaggerak2 — II, IVa, b,c,3 — VIId | 2.cVIIa | 2.dVIa | ||
| 1 | 2 | 3 | ||||||
| a.i | Trawls or Danish seines with mesh size ≥ 16 and < 32 mm | 228 | 228b | 228 | 228 | |||
| a.ii | Trawls or Danish seines with mesh size ≥70 and <90 mm | n.r. | n.r. | 204 | 221 | 204 | 227 | |
| a.iii | Trawls or Danish seines with mesh size ≥90 and <100 mm | 95 | 95 | 209 | 227 | 227 | ||
| a.iv | Trawls or Danish seines with mesh size ≥100 and <120 mm | 103 | 95 | 105 | 84 | |||
| a.v | Trawls or Danish seines with mesh size ≥120 mm | 103 | 96 | 114 | 85 | |||
| a.iii | 8.1.(a) | Trawls or Danish seines with mesh size ≥90 and <100 mm with a 120 mm square mesh window | 126 | 126 | 227 | 227 | 227 | |
| 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 | |
| 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 | |
| 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 | |
| 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 to Annex III | Unl. | Unlimited | Unl. | Unl. | ||
| a.ii | 8.1.(c) | Trawls or Danish seines with mesh size ≥70 and <90 mm track records shall represent less than 5 % of cod | n.r | n.r | 215 | 227 | 204 | 227 |
| a.iii | 8.1.(l) | Trawls or Danish seines with mesh size ≥90 and <100 mm complying with the conditions laid down in Appendix 3 | 132 | 132 | 238 | 238 | 238 | |
| 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 | ||
| 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 | ||
| 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. | ||
| 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. | ||
| 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 | ||
| 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 | 252 | ||
| 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 | Unl. | Unl. | 280 | 280 | 280 | |
| 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 | Unl. | Unlimited | 276 | 276 | ||
| a.v | 8.1.(d) | [X1Trawls or Danish seines with mesh size ≥ 120 mm] track records represent less than 5 % of cod, sole and plaice | Unl. | Unlimited | Unl. | 279 | ||
| a.v | 8.1.(h)8.1.(j) | Trawls or Danish seines with mesh size >120 mm with a 140 mm square mesh window and operating under a system of automatic suspension of fishing licenses | n.r. | n.r. | 127 | 138 | 115 | |
| [X2b.i | Beam trawls with mesh size ≥ 80 and < 90 mm | n.r. | 132 b | Unl. | 132 | 143 b | ||
| b.ii | Beam trawls with mesh size ≥ 90 and < 100 mm | n.r. | 143 b | Unl. | 143 | 143 b | ||
| b.iii | Beam trawls with mesh size ≥ 100 and < 120 mm | n.r. | 143 | Unl. | 143 | 143 | ||
| b.iv | Beam trawls with mesh size ≥ 120 mm | n.r. | 143 | Unl. | 143 | 143 | ||
| b.iii | 8.1.(c) | Beam trawls with mesh size ≥ 100 and < 120 mm track records shall represent less than 5 % of cod | n.r. | 155 | Unl. | 155 | 155 | |
| b.iii | 8.1.(i) | Beam trawls with mesh size ≥ 100 and < 120 mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006 | n.r. | 155 | Unl. | 155 | 155 | |
| 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 | |
| b.iv | 8.1.(i) | Beam trawls with mesh size ≥ 120 mm for vessels having used beam trawls in 2003, 2004, 2005 or 2006 | n.r. | 155 | Unl. | 155 | 155 | |
| 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] | |
| c.i | Gillnets and entangling nets with mesh sizes < 110 mm | 140 | 140 | 140 | 140 | |||
| c.ii | Gillnets and entangling nets with mesh sizes ≥110 mm and < 150 mm | 140 | 140 | 140 | 140 | |||
| c.iii | Gillnets and entangling nets with mesh sizes ≥ 150 mm and < 220 mm | 140 | 130 | 140 | 140 | |||
| c.iv | Gillnets and entangling nets with mesh sizes ≥ 220 mm | 140 | 140 | 140 | 140 | |||
| d | Trammel nets | 140 | 140 | 140 | 140 | |||
| [X1c.iv] | 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 |
| 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 | |
| e | Long-lines | 173 | 173 | 173 | 173 | |||
n.r. means ‘non relevant’
For the purposes of this point, the recipient vessel is deemed to use its own allocated days before any days transferred to it. Transferred days used by the recipient vessel are counted towards the track record of the donor vessel.
By way of derogation from this point, vessels benefiting from the allocation of fishing days under the special condition referred to in point 8.1.(h), when this condition is not combined with any other special condition as laid down in point 8.1, may transfer days.
Member States may permit transfer of days present within an area for the same management period and within the same area between any fishing vessels flying their flags provided the same provisions as laid down in points 5.1, 5.2, 7 and 14 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission before such transfers take place the details of the transfer, including the number of days transferred, the fishing effort and, where applicable, the quotas relating thereto.
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 geographical areas defined in point 2.1 with any of the fishing gear referred to in point 4.1.
no more than the number of days available under point 17.2 and
no more than the number of days that would be allocated in accordance with table I if that gear was used in isolation.
during a given trip the fishing vessel may carry on board or use only one of the groupings of fishing gear referred to in point 4.1, except as provided for in point 19.2;
before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board or used unless the type of fishing gear has not changed from the one notified for the previous trip.
A vessel wishing to combine the use of one or more of the fishing gears referred to in point 4.1 (regulated gears) with any other fishing gears not referred to in point 4.1 (unregulated gears) shall not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear referred to in point 4.1 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with unregulated gears.
In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 8, 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 this time. Such vessels shall not carry any fishing gear or fish on board during that time.
A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or that 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.
By way of derogation from Article 9 of Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (3) , vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.]
Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Commission Regulation (EC) No 2244/2003 are recorded in a computer-readable form:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
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.
Member States, on the basis of information used for the management of fishing days absent from port and present within the areas as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed in the areas defined in point 2.1 for towed gears, static gears and demersal longlines and effort deployed by vessels using different types of gear in the areas concerned by this Annex.
| Table II | |||||||||||||||||||||
| Reporting format | |||||||||||||||||||||
| Country | CFR | External marking | Length of management period | Area fished | Gear(s) notified | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfers of days | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (6) | (6) | (6) | (7) | (7) | (7) | (7) | (8) | (8) | (8) | (8) | (9) | (9) | (9) | (9) | (10) |
| Table III | |||
| Data format | |||
| a Relevant information for transmission of data by fixed-length formatting. | |||
| Name of field | Maximum number of characters/digits | AlignmentaL(eft)/R(ight) | Definition and Comments |
|---|---|---|---|
(1)Country | 3 | n/r | Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor vessel, it is always the reporting country |
(2)CFR | 12 | n/r | Community Fleet Register number Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. |
(3)External marking | 14 | L | Under Commission Regulation (EEC) No 1381/87 |
(4)Length of management period | 2 | L | Length of the management period measured in months. |
(5)Area fished | 1 | L | Indicate if vessel has been fishing in area a, b, c or d of point 2.1 of Annex IIA. |
(6)gear(s) notified | 5 | L | Indication of gear grouping notified in accordance with point 4.1 to Annex IIA (e.g a.i, a.ii. a.iii, a.iv, a.v, b.i, b.ii, b.iii, b.iv, c.i, c.ii, c.iii, d or e). |
(7)Special condition applying to notified gear(s) | 2 | L | Indication of which, if any, of the special condition a-l referred to in point 8.1 of Annex IIA apply. |
(8)Days eligible using notified gear(s) | 3 | L | Number of days for which the vessel is eligible under Annex IIA for the choice of gears and length of management period notified |
(9)Days spent with notified gear(s) | 3 | L | Number of days the vessel actually spent present within the area and using the gear notified during the notified management period according to Annex IIA |
(10)Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’ |
A copy of the special permits referred to in point 12.1 of this Annex shall be kept on board the fishing vessel.
A copy of the special permits referred to in point 12.1. of this Annex shall be kept on board the fishing vessel.
OJ L 222, 17.8.2001, p. 53. Regulation as amended by Regulation (EC) No 1581/2004 (OJ L 289, 10.9.2004, p. 6).