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

CHAPTER XI SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA

Article 78 Reduction of sea-birds by-catch

1. Member States shall collect and provide all available information to the IOTC, with copy to the Commission, on interactions with seabirds, including incidental catches by their fishing vessels.

2. Member States shall seek to achieve reductions in levels of seabird by catch across all fishing areas, seasons, and fisheries through the use of effective mitigation measures.

3. Community vessels fishing south of 30^oS shall carry and use bird-scaring lines (tori poles) according to following technical provisions:

(a) tori poles shall be in accordance with agreed tori pole design and deployment guidelines adopted by IOTC;

(b) tori lines are to be deployed prior to longlines entering the water at all times south of 30^oS;

(c) where practical, vessels shall use a second tori pole and bird-scaring line at times of high bird abundance or activity;

(d) back-up tori lines shall be carried by all vessels and be ready for immediate use.

4. Community surface longline vessels, whilst targeting swordfish, utilising the ‘American longline system’ and equipped with a line-throwing device, shall be exempted from the requirements of paragraph 3.

Article 79 Limitation of fishing capacity of vessels fishing for tropical tunas

1. The maximum number of Community vessels fishing for tropical tunas in the IOTC Area, and the corresponding capacity in gross tonnage (GT), shall be as follows:

Member State	Maximum number of vessels	Capacity (GT)
Spain	22	61 400
France	21	31 467
Italy	1	2 137

2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.

3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.

4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for swordfish and albacore in the IOTC Area.

5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.

Article 80 Limitation of fishing capacity of vessels fishing for swordfish and albacore

1. The maximum number of Community vessels fishing for swordfish and albacore in the IOTC Area, and the corresponding capacity in GT, shall be as follows:

Member State	Maximum number of vessels	Capacity (GT)
Spain	27	11 600
France	25	1 940
Portugal	26	10 100
United Kingdom	4	1 400

2. Notwithstanding paragraph 1, Member States may change the number of vessels, by gear type, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.

3. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the Record of vessels of other Tuna Regional Fisheries Organisations. No vessels on an IUU vessels list of any Regional Fisheries Management Organisation may be transferred.

4. The Community vessels referred to in paragraph 1 shall also be authorised to fish for tropical tunas in the IOTC Area.

5. In order to take into account the implementation of the development plans submitted to the IOTC, the limitations of fishing capacity, as mentioned in this Article, may be increased within the limits set out in those development plans.