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Council Regulation (EC) No 43/2009Show full title
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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- Revised 01/01/20103.86 MB
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8.Allocation of fishing effort
8.1.Member States shall regulate the activity of their vessels concerned by allocating fishing effort to them.
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.
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.
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.
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