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

Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 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

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18.Use of more than one grouping of fishing gear

18.1.A vessel may use gears belonging to more than one of the groupings of fishing gears defined under point 4.1 during one management period.
18.2.Whenever the master of a vessel or his representative notifies the use of more than one fishing gear, the vessel may at any moment use one of the gears notified provided that the total number of days spent fishing with whichever gear since the beginning of the year is:
(a)

no more than total number of days available during the year which represents the arithmetic mean of the days corresponding to each gear in accordance with Table I, rounded down to the nearest whole day, and

(b)

no more than the number of days that would be allocated in accordance with Table I if that gear was used in isolation.

18.3.If one of the gears notified has no limitation in number of days, then the total number of days available during the year for this particular gear shall remain unlimited.
18.4.Whenever a Member State chooses to divide the days into management periods in accordance with point 9, the conditions of points 18.2, 18.3 and 18.4 shall apply mutatis mutandis for each management period.
18.5.The option to use more than one gear shall only be available if the following additional monitoring arrangements are met:
(a)

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 20.2;

(b)

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.

18.6.Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above two requirements. Any vessel found not to be complying with these requirements shall with immediate effect no longer be permitted to use more than one grouping of fishing gears.

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