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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
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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 towed and static gears defined in point 3 and present in zones VIIIc and IXa excluding the Gulf of Cadiz. For the purposes of this Annex, a reference to the 2009 management period means the period from 1 February 2009 to 31 January 2010.
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 area defined in point 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.
For the purpose of this Annex, the following grouping of fishing gears shall apply:
trawls, Danish seines and similar gears of mesh size equal to or larger than 32 mm and gill-nets of mesh size equal to or larger than 60 mm and bottom long-lines.
Each Member State shall ensure that, when carrying on board any gear belonging to the grouping of fishing gear referred to in point 3, fishing vessels flying its flag and registered in the Community shall be present within the area for no more than the number of days specified in point 7.
A Member State shall not count against the days allocated to any of its vessels under this Annex either any days when the vessel has been present within the area but unable to fish because it was assisting another vessel in need of emergency aid or any days when a vessel has been present within the area but unable to fish because it is transporting an injured person for emergency medical aid. The Member State shall provide justification to the Commission within one month of any decisions taken on this basis with associated evidence of the emergency from the competent authorities.
The total landings of hake in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 5 tonnes according to the landings in live weight consigned in the Community logbook, and;
The total landings of Norway lobster in the years 2001, 2002 and 2003 made by the vessel, or by the vessel or vessels using similar gears and qualifying for this special condition, mutatis mutandis, that it has replaced in accordance with Community law, shall represent less than 2,5 tonnes according to the landings in live weight consigned in the Community logbook.
This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the grouping of fishing gears referred to in point 3 and special condition. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to table I, if the provisions of this point were not applied.
list of vessels authorised to fish by indicating their Community Fleet Register number (CFR) and their engine power,
track records of 2001, 2002 and 2003 for such vessels reflecting the catch composition defined in special conditions 7.2(a) or (b), if these vessels are qualified for such special conditions,
the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.3.
On the basis of that description, the Commission may authorise that Member State to benefit from the provisions defined in point 7.3.
In case that a Member State authorises vessels to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 2. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area that do not coincide with the end of a 24-hour period.
The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from this calculation shall be rounded to the nearest whole day.
This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.
lists of withdrawn vessels with their Community Fleet Register number (CFR) and their engine power,
the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and if necessary special condition.
Observers shall be independent from the owner of the vessel and shall not be a member of the fishing vessel crew.
Table I | |||
Maximum number of days a vessel may be present within the area by fishing gear per year | |||
Gear point 3 | Special conditions point 7 | DenominationOnly the gear groupings as defined in point 3 and the special conditions as defined in point 7 are used. | Maximum number of days |
---|---|---|---|
3 | Bottom trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom long-lines | 175 | |
3 | 7.2(a) and 7.2(b) | Bottom trawls of mesh size ≥ 32 mm, gill-nets of mesh size ≥ 60 mm and bottom long-lines | Unlimited |
Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided the same provisions as laid down in points 4.2, 4.3, 6 and 12 apply. Where Member States decide to authorise such a transfer, they shall notify the Commission, before such transfers take place, the details of the transfer, including the number of days, the fishing effort and, where applicable, the fishing quotas relating thereto.
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 area defined in point 1 with any gear belonging to the grouping of fishing gear referred to in point 3.
A vessel wishing to combine the use of one or more of the fishing gear belonging to the grouping of fishing gears referred to in point 3 (regulated gears) with any other grouping of fishing gear not referred to in point 3 (unregulated gears) will not be restricted in their use of the unregulated gear. Such vessels must pre-notify when the regulated gear is to be used. When no such notification has been given, none of the fishing gear belonging to the grouping of fishing gear referred to in point 3 may be carried on board. Such vessels must be authorised and equipped to undertake the alternative fishing activity with the unregulated gears.
A vessel is allowed to transit across the area provided that it has no fishing permit to operate in the area or it has first notified its authorities of its intention to do so. While that 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 (EEC) No 2847/93.
Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board gears belonging to the grouping of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from these hailing requirements set out in Article 19(c) of Regulation (EEC) No 2847/93.
Member States shall ensure that the following data received pursuant to Articles 8, 10(1) and 11(1) of Regulation (EC) No 2244/2003 are recorded in a computer-readable form:
entry into, and exit from port;
each entry into, and exit from maritime areas where specific rules on access to waters and resources apply.
Member States shall verify the submission of logbooks and relevant information recorded in the logbook by using VMS data. Such cross-checks shall be recorded and made available to the Commission on request.
Member States, on the basis of information used for the management of fishing days present within the area as set out in this Annex, shall collect for each annual quarter the information about total fishing effort deployed within the area for towed gears and static gears and effort deployed by vessels using different types of gear in the area concerned by this Annex.
Reporting format
Country | CFR | External marking | Length of management period | Area fished | Special condition applying to notified gear(s) | Days eligible using notified gear(s) | Days spent with notified gear(s) | Transfer of days | |||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
No1 | No2 | No3 | … | No1 | No2 | No3 | … | No1 | No2 | No3 | … | ||||||
(1) | (2) | (3) | (4) | (5) | (6) | (6) | (6) | (6) | (7) | (7) | (7) | (7) | (8) | (8) | (8) | (8) | (9) |
Data format
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 | n/r | Member State (Alpha-3 ISO code) in which vessel is registered for fishing under Council Regulation (EC) No 2371/2002. In the case of the donor Vessel, it is always the reporting country. |
(2)CFR | 12 | n/r | Community Fleet Register number Unique identification number of a fishing vessel. Member State (Alpha-3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters additional zeros must be inserted on the left hand side. |
(3)External marking | 14 | L | Under Commission Regulation (EEC) No 1381/87. |
(4)Length of management period | 2 | L | Length of the management period measured in months. |
(5)Area fished | 1 | L | Non relevant information in the case of Annex IIB. |
(6)Special condition applying to notified gear(s) | 2 | L | Indication of which, if any, of the special condition a-b referred to in point 7.2 of Annex IIB that apply. |
(7)Days eligible using notified gear(s) | 3 | L | Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified. |
(8)Days spent with notified gear(s) | 3 | L | Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period according to Annex IIB. |
(9)Transfers of days | 4 | L | For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’. |
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