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

CHAPTER VI SPECIAL PROVISIONS FOR FISHING IN THE GFCM AREA

SECTION 1 Conservation measures

Article 28 Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)

1. In order to protect the dolphinfish (Coryphaena hippurus), in particular small fish, the dolphinfish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January 2009 to 14 August 2009, in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII.

2. By way of derogation from paragraph 1, if a Member State can demonstrate that due to bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. Member States wishing to benefit from this carry over shall submit to the Commission before 1 January 2010 an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using FADs during the prohibition period from 1 January 2010 until 31 January 2010. Such an application shall be accompanied by the following information:

(a) a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information;

(b) the name of the vessel;

(c) the registration number;

(d) the external identification markings as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register(1).

The Commission shall forward the information obtained from the Member States to the Executive Secretary of the GFCM.

3. Member States shall send to the Commission before 1 November 2009 a report on the implementation of the measures referred to in paragraph 2 for the year 2008.

4. Member States shall report to the Commission by 15 January 2010 the total landings and transhipments of dolphinfish carried out in 2009 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as set out in Annex VII.

The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.

Article 29 Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats

1. Fishing with towed dredges and bottom trawl nets shall be prohibited in the areas bounded by lines joining the following coordinates:

(a) Deep Sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’

• (a) 39^o 27.72' N, 18^o 10.74' E

• 39^o 27.80' N, 18^o 26.68' E

• 39^o 11.16' N, 18^o 32.58' E

• 39^o 11.16' N, 18^o 04.28' E;

(b) Deep Sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’

• (b) 31^o 30.00' N, 33^o 10.00' E

• 31^o 30.00' N, 34^o 00.00' E

• 32^o 00.00' N, 34^o 00.00' E

• 32^o 00.00' N, 33^o 10.00' E;

(c) Deep Sea fisheries restricted area ‘The Eratosthenes Seamount’

• (c) 33^o 00.00' N, 32^o 00.00' E

• 33^o 00.00' N, 33^o 00.00' E

• 34^o 00.00' N, 33^o 00.00' E

• 34^o 00.00' N, 32^o 00.00' E.

2. Member States shall take the measures necessary for the protection of the deep-sea sensitive habitats in the areas referred to in paragraph 1 and in particular shall ensure that these areas are protected from the impacts of any other activity than fishing activity jeopardising the conservation of the features that characterise these particular habitats.

Article 30 Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries in the Mediterranean Sea

1. By way of derogation from Article 8(1)(h) and from point (2) of Article 9(3) of Regulation (EC) No 1967/2006, Member States may continue to authorise fishing vessels flying their flag the use of codend mesh size smaller than 40 mm diamond to operate in certain local and seasonal demersal trawl fisheries exploiting fish stocks that are not shared with third countries.

2. Paragraph 1 shall apply only to fishing activities formally authorised by Member States in accordance with national law in force on 1 January 2007 and shall not involve any future increase in fishing effort with respect to the year 2006.

3. Member States shall submit to the Commission by 15 January 2009, through the accustomed data-processing support, the list of vessels authorised in accordance with paragraph 1.

4. The list of authorised vessels shall include the following information:

(a) the name of the vessel;

(b) the vessel's Community fleet register number (CFR) and external marking as defined in Annex I to Regulation (EC) No 26/2004;

(c) the authorised fishery(ies) carried out by each vessel defined in terms of target stock(s), the fishing area set out in Annex VII and the technical mesh size characteristics of the fishing gear deployed;

(d) the authorised fishing period.

5. Where the list of authorised vessels as referred to in paragraph 4 does not contain changes with respect to what was communicated in the year 2008, Member States shall inform the Commission by 15 January 2009 that no changes have occurred.

6. The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.

SECTION 2 Reporting of statistical matrixes

Article 31 Transmission of data

1. Member States shall submit to the Executive Secretary of the GFCM, by 30 June 2009, the data of Task 1.1 and Task 1.2 of the GFCM statistical matrix as set out in Annex X.

2. Member States shall submit to the Executive Secretary of the GFCM, by 30 June 2009 and to the extent possible, the data of Tasks 1.3, 1.4 and 1.5 of the GFCM statistical matrix as set out in Annex X.

3. Member States shall use the GFCM data-entry system as available at the GFCM web-site(2) for the submission of data referred to in paragraphs 1 and 2.

4. Member States shall inform the Commission of the data submitted on the basis of this Article.

(1)

OJ L 5, 9.1.2004, p. 25.

(2)

http://www.gfcm.org/gfcm/topic/16164