Council Regulation (EC) No 43/2009Show full title

ANNEX IIA FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId, AND EC WATERS OF ICES ZONES IIa AND Vb

GENERAL PROVISIONS U.K.

1. Scope U.K.

1.1. This Annex shall apply to Community vessels 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 zones IIa and Vb. U.K.

1.2. This Annex shall not apply to vessels with a length overall of less than 10 metres. These vessels shall not be required to carry special fishing permits issued in accordance with Article 7 of Regulation (EC) No 1627/94. The Member State concerned shall assess the fishing effort of those vessels by effort groups to which they belong, using appropriate sampling methods. In 2009, the Commission shall seek scientific advice for evaluating the development of effort deployment of those vessels, with a view to those vessels' future inclusion into the effort regime. U.K.

2. Definitions U.K.

For the purposes of this Annex:

(a)

‘effort group’ means a management unit of a Member State for which a maximum allowable fishing effort is set. It is defined by a gear grouping as defined in point 4 and an area as defined in point 3;

(b)

‘2009 management period’ means the period from 1 February 2009 to 31 January 2010;

(c)

‘regulated gear’ means a gear referred to in point 4;

(d)

‘unregulated gear’ means a gear not referred to in point 4.

3. Geographical areas U.K.

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 and EC waters of ICES zone Vb.

4. Regulated gears U.K.

For the purpose of this Annex, the following groupings of fishing gears shall apply (regulated gears):

Bottom trawls, Danish seines and similar towed gear, excluding beam trawls, of mesh size:

TR1

equal to or larger than 100 mm;

TR2

equal to or larger than 70 mm and less than 100 mm;

TR3

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

Beam trawls of mesh size:

BT1

equal to or larger than 120 mm;

BT2

equal to or larger than 80 mm and less than 120 mm;

Gill nets and entangling nets, excluding trammel nets ([X1 GN]);

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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 (Official Journal of the European Union L 22 of 26 January 2009).

Trammel nets ([X1 GT]);

Longlines ([X1 LL]).

5. Calculation of fishing effort U.K.

Fishing effort shall be calculated as the product of the capacity and the activity of a fishing vessel. The fishing effort deployed by a group of vessels in an area shall be calculated as the sum of the products of kilowatt-values for each vessel and the number of days that each vessel has been present in the area.

The capacity of a vessel shall be measured in kilowatt and shall be the engine power of the vessel in accordance with Article 5 of Regulation (EC) No 2930/86, a value to which must be identical the value that the Member State the flag of which the vessel is flying has notified to the Community fishing fleet register.

The activity of a vessel shall be measured in days present within a geographical area referred to in point 3. A day present within an area shall be calculated as any continuous period of 24 hours (or part thereof) during which a vessel is present within any geographical area defined in point 3 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, provided that the Member State determines the start of the period in a consistent manner for each grouping of gears during a management period. In case that the vessel is present in the same area within a period of 24 hours for several times, the presence shall count as one day only.

FISHING EFFORT LIMITATIONS U.K.

6 Maximum allowable fishing effort U.K.

6.1. For each of the effort groups of each Member State the maximum allowable fishing effort for the 2009 management period is set out in Appendix 1. U.K.

6.2. The maximum levels of annual fishing effort set in accordance with Regulation (EC) No 1954/2003 shall not affect the maximum allowable fishing effort set in this annex. U.K.

7. Variation in maximum allowable fishing effort as referred to in point 6.1 U.K.

7.1. Where a Member State has increased the fishing effort concerning fishing activities of one or more vessels that use a highly selective gear in accordance with point (a) of Article 13(2) of Regulation (EC) No 1342/2008 or engage in cod-avoiding activities in accordance with points (b), (c) or (d) of Article 13(2) of that Regulation in order to offset effort adjustments that would have applied to those vessels in accordance with Article 12(4) of that Regulation, the maximum allowable fishing effort shall be increased for those effort groups to which the concerned activity of those vessels belongs, by the amount necessary to offset the effort adjustment for that activity. U.K.

7.2. Where a transfer of effort has taken place from a Member State to another Member State in accordance with Article 20(5) of Regulation (EC) No 2371/2002, the corresponding maximum allowable fishing effort shall be adapted for the donor and the receiving effort group or groups that are concerned by the exchange. Where the receiving Member State does not dispose of a corresponding effort group, the effort received shall be allocated to one or several new effort groups. The maximum allowable effort for those new groups shall be equal to the amount of effort received. U.K.

7.3. The maximum allowable fishing effort shall be adapted according to reallocations and/or deductions made pursuant to Article 23(4) of Regulation (EC) No 2371/2002 and Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93. U.K.

7.4. Where a Member State has reconstituted effort in accordance with Article 16(2) of Regulation (EC) No 1342/2008, the maximum allowable fishing effort shall be increased by the fishing effort needed in the effort groups in which the recovered fishing quota will be fished, and the maximum allowable fishing effort of the Member State which has returned the fishing quota shall be reduced in its effort groups reflecting the extent to which these effort groups have less quota available for fishing, unless the Member State returning the quota had not used the corresponding effort for establishing effort baselines. U.K.

7.5. Where a transfer of effort from one effort group to another has taken place within a Member State in accordance with Article 16(3) or Article 17 of Regulation (EC) No 1342/2008, the maximum allowable fishing effort for the donor effort group and the receiving effort group shall be adapted accordingly. U.K.

7.6. Amendments to the composition of effort groups decided by the Commission on the basis of Article 31 of Regulation (EC) No 1342/2008 may include adaptations of the maximum allowable fishing effort. Such adaptations shall not go beyond what is required to reflect the changes undertaken in the effort groups' composition. U.K.

8. Allocation of fishing effort U.K.

8.1. Member States shall regulate the activity of their vessels concerned by allocating fishing effort to them. U.K.

8.2. If a Member State deems so appropriate in order to reinforce the sustainable implementation of this effort regime, it shall not permit fishing in any of the geographical areas to which this Annex applies with a regulated gear by any of its vessels which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the regulated area. U.K.

8.3. A Member State may establish management periods at its discretion for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State may reallocate effort between individual vessels or groups of vessels. U.K.

8.4. In case that a Member State authorises vessels to be present within an area by hours, the Member State shall continue measuring the consumption of days as specified in point 5. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24-hour period. U.K.

9. General rule U.K.

9.1. Fishing effort deployed by a Community fishing vessel shall be counted by the Member State the flag of which the vessel is flying against the maximum allowable fishing effort for the effort group of the Member State when: U.K.

(a)

the vessel carries on board a gear that is included in the gear grouping of the effort group and

(b)

the vessel is present in the area of the effort group.

9.2. Where a vessel crosses between two or more areas on a fishing trip, the day shall be counted against the area in which the largest proportion of time was spent during that day. U.K.

10. Notification of fishing gear U.K.

10.1. 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 areas defined in point 3 with any of the regulated gears referred to in point 4. U.K.

10.2. The use of more than one fishing gear during a fishing trip needs prior authorisation by the flag Member State. When the authorisation has been given, the fishing effort deployed during that trip shall be counted simultaneously for each of the gears against all the maximum allowable fishing effort concerned. For gears belonging to the same effort group, the fishing effort deployed during that trip shall be counted for one fishing gear only. U.K.

10.3. A vessel wishing to combine the use of one or more of a regulated gear with any other fishing gear shall not be restricted in the use of the unregulated gear in the areas for which it has a special fishing permit. Such vessels must pre-notify when the regulated gear or gears are to be used. When no such notification has been given, all effort deployed by the vessel shall be counted against the maximum allowable fishing effort of the effort group to which the regulated gear or gears belong. U.K.

11. Exemptions U.K.

11.1. A Member State may not count against any maximum allowable fishing effort the activity of a vessel that is in transit across the area, provided that it has no special fishing permit to operate in the area or it has first notified its authorities of its intention to transit. While the 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 (EC) No 2847/93. U.K.

11.2. A Member State may not count against any maximum allowable fishing effort the activity of a vessel undertaking non-fishing related activities, 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 special fishing permit for that time. Such vessels shall not carry any fishing gear or fish on board during that time. U.K.

11.3. A Member State may decide not to count against any maximum allowable fishing effort the activity of a vessel which has been present in the area concerned but was unable to fish because it was assisting another vessel in need of emergency aid or because it was transporting an injured person for emergency medical aid. Within one month after taking that decision, the flag Member State shall inform the Commission and provide evidence of the emergency supplied. U.K.

MONITORING OF FISHING EFFORT DEPLOYMENT U.K.

12. Management of effort consumption U.K.

12.1. Member States shall regulate the activity of their vessels concerned by monitoring fishing effort and by taking appropriate action, such as by closing the fishing for an effort group, to ensure that none of the maximum allowable fishing effort is exceeded. U.K.

12.2. Vessels using gears belonging to the grouping of fishing gears referred to in point 4 and fishing in an area defined in point 3 shall hold a special fishing permit for that area issued in accordance with Article 7 of Regulation (EC) No 1627/94. U.K.

12.3. In any given management period, a vessel that has exhausted the effort for which it is eligible shall remain in port or out of any of the areas in point 3 for the remainder of the management period unless using only unregulated gears or receiving an additional effort allocation. U.K.

13. Fishing effort messages U.K.

13.1. Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board a regulated gear and operating in an area to which this Annex applies. The fishing area referred to in those provisions shall be understood, for the purpose of cod management, as each of the areas (a), (b), (c) and (d) mentioned in point 3 of this Annex and for the purpose of sole and plaice management, as ICES zone IV. In addition to the communication means listed in Article 19c of that Regulation, other secure electronic means may also be used. The reporting requirements laid down in Article 19b(1) of that Regulation shall be deemed to be fulfilled by those vessels using VMS or using an electronic logbook in accordance with Regulation (EC) No 1077/2008. U.K.

13.2. Member States may implement, in accordance with Member States concerned by the fishing activity of the former's vessels, alternative control measures to ensure compliance with effort reporting obligations. These measures shall be as effective and transparent as the reporting obligations laid down in Article 19c(2) of Regulation (EEC) No 2847/93 and shall be notified to the Commission before being implemented. U.K.

REPORTING OBLIGATIONS U.K.

14. Collection of relevant data U.K.

Member States shall record in electronic form the fishing effort allocated and fishing effort deployed by effort groups.

15. Communication of relevant data U.K.

15.1. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels in the previous month and the months before, using the reporting format set out in Appendix 2. U.K.

15.2. The data shall be sent to the appropriate electronic mailbox address, which the Commission shall communicate to the Member States. When a data transfer to the Fisheries Data Exchange System (or any future data system decided by the Commission) will become operational, the Member State shall transmit the data to the system before the 15th of each month, referring to the effort deployed up to the end of the previous month. The Commission shall notify Member States the date at which the system shall be used for transmission at least two months in advance of the first due date. The first fishing effort declaration that will be sent to the system shall include the effort deployed since 1 February 2009. Member States shall transmit to the Commission on its request the data on fishing effort deployed by their fishing vessels during the month of January 2009. U.K.

15.3. A new format or communication frequency for making the data referred to in point 14 available to the Commission may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

15.4. A format and specific communication obligation concerning lists of vessels holding a special fishing permit in accordance with Article 14(2) of Regulation (EC) No 1342/2008 may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

15.5. A format and specific communication obligation concerning variations to maximum allowable fishing effort referred to in point 7 may be adopted in accordance with the procedure laid down in Article 30(2) of Regulation (EC) No 2371/2002. U.K.

Appendix 1 to Annex IIa Maximum allowable fishing effort in kilowatt days

Area: see point 3	Regulated gear: see point 4	DK	DE	SE
(a)	TR1	212 768	3 854	[F1 16 609]
	TR2	2 070 883	16 611	[F1 739 281]
	TR3	427 760	0	[F1 55 853]
	BT1	0	0	[F1 0]
	BT2	0	0	[F1 0]
	[X1 GN]	101 048	27 454	[F1 13 155]
	[X1 GT]	18 684	0	[F1 22 130]
	[X1 LL]	140	0	[F1 25 339]

Area: see point 3	Regulated gear: see point 4	BE	DK	DE	FR	IE	NL	SE	UK
(b)	TR1	498	6 911 144	2 226 533	2 553 909	261	405 985	[F1 286 779]	10 295 134
	TR2	318 363	6 061 661	600 089	11 117 483	18 801	1 062 247	[F1 830 400]	8 165 956
	TR3	0	3 920 732	3 501	107 041	0	15 886	[F1 263 772]	5 824
	BT1	1 368 632	1 316 589	29 822	0	0	1 365 348	[F1 0]	1 739 759
	BT2	6 468 447	106 658	1 893 044	829 504	0	33 633 978	[F1 0]	5 970 903
	[X1 GN]	126 850	1 962 340	227 773	222 598	0	147 373	[F1 80 781]	549 863
	[X1 GT]	0	198 783	516	2 374 073	0	0	[F1 53 078]	11 027
	[X1 LL]	0	44 283	0	71 448	0	0	[F1 110 468]	97 687

Area: see point 3	Regulated gear: see point 4	BE	FR	IE	UK
(c)	TR1	0	184 952	79 246	805 253
	TR2	26 622	735	1 120 977	2 602 936
	TR3	0	0	9 646	1 588
	BT1	0	0	0	0
	BT2	1 505 253	0	507 923	0
	[X1 GN]	0	210	24 713	4 412
	[X1 GT]	0	0	0	158
	[X1 LL]	0	0	62	52 067

Area: see point 3	Regulated gear: see point 4	BE	DE	ES	FR	IE	UK
(d)	TR1	0	25 075	[F1 0]	3 398 102	310 005	2 398 481
	TR2	442	0	[F1 0]	5 881	481 938	3 899 614
	TR3	0	0	[F1 0]	0	21 327	29 844
	BT1	0	0	[F1 0]	506	0	117 544
	BT2	10 361	0	[F1 0]	11 692	3 914	0
	[X1 GN]	0	35 531	[F1 13 836]	96 903	6 400	162 857
	[X1 GT]	0	0	[F1 0]	0	1 946	145
	[X1 LL]	0	0	[F1 1 402 142]	54 917	1 013	532 228

Appendix 2 to Annex IIa

Table II Reporting format U.K.

Country	Gear	Area	Year	Month	Cumulative declaration
(1)	(2)	(3)	(4)	(5)	(6)

Table III Data format U.K.

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	—	Member State (Alpha-3 ISO code) in which vessel is registered
(2) Gear	3	—	one of the following gear types TR1 TR2 TR3 BT1 BT2 [X1 GN] [X1 GT] [X1 LL]
(3) Area	8	L	one of the following areas 03AS 02A0407D 07A 06A
(4) Year	4	—	The year of the month for which the declaration is done
(5) Month	2	—	Month for which the fishing effort declaration is done (expressed by two digits between 01 and 12)
(6) Cumulative declaration	13	R	cumulative amount of fishing effort expressed in kilowatt days from the 1 of January of the year (4) until the end of the month (5)