Council Regulation (EC) No 40/2008Show full title

GENERAL PROVISIONS

1. Scope

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 ICES zones IIIa, IV, VIa, VIIa, VIId and EC waters of ICES zone IIa. For the purposes of this Annex, a reference to the 2008 management period means the period from 1 February 2008 to 31 January 2009.

2. Definitions of geographical areas

2.1. For the purposes of this Annex the following geographical areas shall apply:

(a)

Kattegat;

(b)

(i)

Skagerrak;

(ii)

that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat; ICES zone IV and EC waters of ICES zone IIa;

(iii)

ICES zone VIId;

(c)

ICES zone VIIa;

(d)

ICES zone VIa.

2.2. For vessels notified to the Commission as being equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003, the following definition of ICES zone VIa shall apply:

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:

• 60^o00'N, 04^o00'W

• 59^o45'N, 05^o00'W

• 59^o30'N, 06^o00'W

• 59^o00'N, 07^o00'W

• 58^o30'N, 08^o00'W

• 58^o00'N, 08^o00'W

• 58^o00'N, 08^o30'W

• 56^o00'N, 08^o30'W

• 56^o00'N, 09^o00'W

• 55^o00'N, 09^o00'W

• 55^o00'N, 10^o00'W

• 54^o30'N, 10^o00'W

3. Definition of day present within an area

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.

4. Fishing gears

4.1. For the purpose of this Annex, the following groupings of fishing gears shall apply:

(a)

Trawls, Danish seines and similar gears, except beam trawls, of mesh size:

(i)

equal to or larger than 16 mm and less than 32 mm;

(ii)

equal to or larger than 70 mm and less than 90 mm;

(iii)

equal to or larger than 90 mm and less than 100 mm;

(iv)

equal to or larger than 100 mm and less than 120 mm;

(v)

equal to or larger than 120 mm;

(b)

Beam trawls of mesh size:

(i)

equal to or larger than 80 mm and less than 90 mm;

(ii)

equal to or larger than 90 mm and less than 100 mm;

(iii)

equal to or larger than 100 mm and less than 120 mm;

(iv)

equal to or larger than 120 mm;

(c)

Gillnets, entangling nets with mesh size, except trammel nets:

(i)

less than 110 mm;

(ii)

equal to or larger than 110 mm and less than 150 mm;

(iii)

equal to or larger than 150 and less than 220 mm;

(iv)

equal to or larger than 220 mm;

(d)

Trammel nets;

(e)

Longlines.

4.2. For the purposes of this Annex and referring to the geographical areas defined in point 2.1 and the groupings of fishing gears defined in point 4.1, the following transfer groups are defined:

(a)

grouping of fishing gears 4.1.a.i within any area;

(b)

groupings of fishing gears 4.1.a.ii within any area and 4.1.a.iii in part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EC waters of ICES zone IIa;

(c)

groupings of fishing gears 4.1.a.iii in Skagerrak and Kattegat, 4.1.a.iv and 4.1.a.v within any area;

(d)

groupings of fishing gears 4.1.b.i, 4.1.b.ii, 4.1.b.iii, and 4.1.b.iv within any area;

(e)

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;

(f)

grouping of fishing gears 4.1.e within any area.