Council Regulation (EU) No 43/2012Show full title

CHAPTER I GENERAL PROVISIONS

1. Scope

1.1. This Annex shall apply to EU vessels of 10 metres length overall or more carrying on board or deploying any of the gears specified in point 2 of this Annex in accordance with Regulation (EC) No 509/2007, and present in ICES division VIIe. For the purposes of this Annex, a reference to the 2012 management period means the period from 1 February 2012 to 31 January 2013.

1.2. Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole according to the fishing logbook in 2004 shall be exempt from the application of this Annex provided that:

(a)

such vessels catch less than 300 kg live weight of sole during the 2012 management period;

(b)

such vessels do not tranship any fish at sea to another vessel; and

(c)

by 31 July 2012 and 31 January 2013 each Member State concerned make a report to the Commission on these vessels’ track records for sole in 2004 and catches of sole in 2012.

When either of these conditions is not met, the vessels concerned shall, with immediate effect, cease to be exempt from the application of this Annex.

2. Fishing gear

For the purposes of this Annex, the following groupings of fishing gears shall apply:

(a)

beam trawls of mesh size equal to or greater than 80 mm;

(b)

static nets including gill-nets, trammel-nets and tangle-nets with mesh size equal to or less than 220 mm.

3. Limitations in activity

Each Member State shall ensure that, when carrying on board any of the groupings of fishing gears specified in point 2, fishing vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in Chapter III.