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

Article 72 Limitation of fishing capacity of vessels fishing for tropical tunas

1. Member States shall limit to the effort levels in 2006, by gear type, the number of vessels flying their flag and having an overall length equal to or greater than 24 metres which fish for tropical tunas in the IOTC Area. They shall also limit to those levels, by gear type, the number of vessels flying their flag and having an overall length of less than 24 metres which fish for tropical tunas in the IOTC Area outside their exclusive economic zone. The limitation of the number of vessels shall be commensurate with the corresponding overall tonnage expressed in GRT (Gross Registered Tonnage) or in GT (Gross Tonnage). In cases where vessels are replaced, the overall tonnage shall not be exceeded.

2. Vessels under administrative process, on-going and already authorised constructions in the year 2006 and authorised to be introduced into the fleet shall be exempted from the provisions of paragraph 1.

3. Notwithstanding paragraph 1, Member States shall notify to the Commission the number and tonnage of their vessels fishing for tropical tunas in the area in 2006 by 1 January 2008. To that end they shall verify the effective presence and fishing activities of their vessels in the IOTC Area in 2006, through their VMS records, catch reports, port calls, or other means.

4. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that the change in the number of vessels, by gear type, does not lead to an increase of fishing effort on the fish stocks involved.

5. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.