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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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1.As from 1 November 2009, all exploratory fisheries or fishing activities with bottom gear not previously used in the existing fishing area concerned shall be conducted in accordance with the requirements set out in an Exploratory Bottom Fisheries Protocol.
2.The Exploratory Bottom Fisheries Protocol referred to in paragraph 1 shall be developed by each Member State concerned and include the following:
(a)a harvesting plan which outlines target species, dates and areas. Area and effort restrictions shall be considered to ensure fisheries occur on a gradual basis in a limited geographical area;
(b)where possible, an initial assessment of the known and anticipated impacts of its bottom fishing activities on Vulnerable Marine Ecosystems;
(c)a mitigation plan including measures to prevent significant adverse impact to Vulnerable Marine Ecosystems that may be encountered during the fishery;
(d)a catch monitoring plan that includes recording/reporting of all species caught. The recording/reporting of catch shall be sufficiently detailed to conduct an assessment of activity, if required;
(e)a data collection plan to facilitate the identification of Vulnerable Marine Ecosystems/species in the area fished.
3.As from the date referred to in paragraph 1, exploratory fisheries or fishing activities with bottom gear not previously used in the existing fishing area shall not commence until the information outlined in paragraph 2 has been provided by the Member States to the SEAFO Executive Secretary via the Commission.
4.Member States shall provide a report of the results of bottom fishing activities to the SEAFO Secretary via the Commission.
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