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 (c. 43)

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ANNEX II U.K.

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.