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

CHAPTER XII SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA

Article 81 Pelagic fisheries — Capacity limitation

1. Member States actively exercising fisheries activities in 2008 shall limit the total level of GT of vessels flying their flag and fishing for pelagic stocks in 2009 to the levels of total 63 000 GT in the SPFO area in a manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.

2. Member States with a catch history in the pelagic fisheries in the South Pacific, but not exercising their fisheries activities in 2008, may enter the fishery in the SPFO in 2009 provided that they exercise voluntary restraint of fishing effort.

3. Member States shall notify the Commission on a monthly basis of the names and characteristics, including GT, of their vessels engaged in the fishery in the SPFO area.

4. Member States shall notify the Commission on a monthly basis of the effective presence of their vessels in the SPFO area in 2009. VMS records plus catch reports, and, where available, port calls shall serve as means of notification.

5. Member States shall submit for review to the Interim Science Working Group of the SPFO any stock assessments and research in respect of pelagic stocks in the SPFO area and shall promote the active participation of their scientific experts in the SPFO scientific works on pelagic species.

6. Member States shall ensure as much as possible an appropriate level of observer coverage on fishing vessels flying their flag in order to observe the pelagic fisheries in the South Pacific and collect relevant scientific information.

Article 82 Bottom fisheries

1. Member States shall limit bottom fishing effort or catch in the SPFO area to the average annual levels over the period 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort, and fishing capacity.

2. Member States shall not expand bottom fishing activities into new regions of the SPFO area where such fishing is not currently occurring.

3. Community vessels shall cease bottom fishing activities within five nautical miles of any site in the SPFO area where, in the course of fishing operations, evidence of vulnerable marine ecosystems is encountered. Community vessels shall report the encounter, including the location, and the type of ecosystem in question, to the authorities of their flag State, to the Commission and to the SPFO Interim Secretariat so that appropriate measures can be adopted in respect of the relevant site.

4. Member States shall appoint observers to each vessel flying their flag and undertaking or proposing to undertake bottom trawling activities in the SPFO area and ensure an appropriate level of observer coverage on vessels flying their flag and undertaking other bottom fishing activities in the SPFO area.

Article 83 Data collection and sharing

Member States shall collect, verify and provide data in accordance with the procedures outlined in the SPFO Standards for the collection, reporting, verification and exchange of data.