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Council Regulation (EC) No 51/2006Show full title

Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 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. Introductory Text

  2. CHAPTER I SCOPE AND DEFINITIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Definitions

    4. Article 4.Fishing zones

  3. CHAPTER II FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS

    1. Article 5.Catch limits and allocations

    2. Article 6.Special provisions on allocations

    3. Article 7.Fishing effort limits and associated conditions for the management of stocks

    4. Article 8.Conditions for landing catches and by-catches

    5. Article 9.Unsorted landings in ICES Subarea IV and ICES Divisions IIa (EC waters), IIIa and VIId

    6. Article 10.Access limits

    7. Article 11.Transitional technical and control measures

  4. CHAPTER III CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS

    1. Article 12.Transitional technical and control measures

    2. Article 13.Authorisation

    3. Article 14.Geographical restrictions

    4. Article 15.Transit through Community waters

    5. Article 16.Conditions for landing catches and by-catches

  5. CHAPTER IV LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS

    1. Article 17.Licences and associated conditions

    2. Article 18.Faroe Islands

  6. CHAPTER V LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS

    1. Article 19.Obligation to have a licence and a special fishing permit

    2. Article 20.Application for a licence and special fishing permit

    3. Article 21.Number of licences

    4. Article 22.Cancellation and withdrawal

    5. Article 23.Failure to comply with relevant rules

    6. Article 24.Obligations of the licence holder

    7. Article 25.Specific provisions concerning the Department of French Guyana

  7. CHAPTER VI SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA

    1. SECTION 1 Community participation

      1. Article 26.List of vessels

    2. SECTION 2 Technical measures

      1. Article 27.Mesh sizes

      2. Article 28.Attachments to nets

      3. Article 29.By-catches

      4. Article 30.Minimum size of fish

    3. SECTION 3 Control measures

      1. Article 31.Product labelling and separate stowage

      2. Article 32.Fishing and production logbooks and stowage plan

      3. Article 33.Carrying of nets

      4. Article 34.Trans-shipment

      5. Article 35.Chartering of Community vessels

      6. Article 36.Monitoring of fishing effort

    4. SECTION 4 Special requirements for data collection

      1. Article 37.Data collection

    5. SECTION 5 Special provisions for Northern prawns

      1. Article 38.Northern prawn fisheries

    6. SECTION 6 Special provisions for redfish

      1. Article 39.Redfish fishery

  8. CHAPTER VII SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE AREA OF CCAMLR

    1. SECTION 1 Restrictions and vessel information requirements

      1. Article 40.Prohibitions and catch limitations

      2. Article 41.Information requirements relating to vessels authorised to fish in the Area of CCAMLR

    2. SECTION 2 Exploratory fisheries

      1. Article 42.Participation in exploratory fisheries

      2. Article 43.Reporting systems

      3. Article 44.Special requirements

      4. Article 45.Definition of hauls

      5. Article 46.Research plans

      6. Article 47.Data collection plans

      7. Article 48.Tagging programme

      8. Article 49.Scientific observers

  9. CHAPTER VIII FINAL PROVISIONS

    1. Article 50.Data transmission

    2. Article 51.Entry into force

  10. Signature

    1. ANNEX I

      CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD COUNTRIES FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)

      1. All catch limits set out in this Annex shall be...

      2. Within each area, fish stocks are referred to following the...

      3. ANNEX IA

        SKAGERRAK, KATTEGAT, NORTH SEA AND WESTERN COMMUNITY WATERS ICES areas Vb (EC waters), VI, VII, VIII, IX, X, CECAF (EC waters), and French Guyana

      4. ANNEX IB

        NORTH EAST ATLANTIC AND GREENLAND

      5. ANNEX IC

        NORTH WEST ATLANTIC

        1. All TACs and associate conditions are adopted in the framework...

      6. ANNEX ID

        HIGHLY MIGRATORY FISH — All Areas

        1. TACS in this area are adopted in the framework of...

      7. ANNEX IE

        ANTARCTIC

    2. ANNEX II

      ANNEX IIA

      1. 1. Scope

      2. 2. Definitions of geographical areas

        1. 2.1. For the purposes of this Annex, the geographical area, representing...

        2. 2.2. For vessels notified to the Commission as being equipped with...

      3. 3. Definition of days present within an area

      4. 4. Definition of fishing gear

      5. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

        1. 5. Obligations of the Member States

        2. 6. Levels of fishing effort

          1. 6.1. A Member State shall not permit fishing with a gear...

          2. 6.2 A vessel flying the flag of a Member State having...

        3. 7. Calculation of fishing effort

        4. 8. Maximum number of days

          1. 8.1. For the purpose of fixing the maximum number of days...

          2. 8.2. The maximum number of days per year for which a...

          3. 8.3. The maximum number of days per year for which a...

          4. 8.4. A day present within an area defined in point 2...

          5. 8.5. Where a vessel crosses between two or more areas on...

        5. 9. Management periods

          1. 9.1. A Member State may divide the days within an area...

          2. 9.2. The number of days for which a vessel may be...

          3. 9.3. In any given management period a vessel that has used...

        6. 10. Allocation of additional days for permanent cessation of fishing activities...

          1. 10.1. An additional number of days on which a vessel may...

          2. 10.2. Member States wishing to benefit from the allocations referred to...

          3. 10.3. On the basis of such a request the Commission may...

          4. 10.4. Any additional number of days resulting from permanent cessation of...

        7. 11. Allocation of additional days for enhanced observer coverage

          1. 11.1 Three additional days on which a vessel may be present...

          2. 11.2 Member States wishing to benefit from the allocations referred to...

          3. 11.3 On the basis of this description, and after consultation with...

        8. 12. Conditions for derogations from the normal allocation of days

          1. 12.1 The special fishing permit referred to in Article 7(3) for...

          2. 12.2 If an additional number of days is allocated to a...

        9. 13. Table I Maximum days a vessel may be present in...

      6. EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN AN...

        1. 14. Transfer of days between fishing vessels flying the flag of...

          1. 14.1. According to provisions laid down in point 6, a Member...

          2. 14.2. The total number of days present within an area referred...

          3. 14.3. For the purposes of this Annex and referring to the...

          4. 14.4. The transfer of days as described in point 14.1. shall...

          5. 14.5. No transfer of days from vessels benefiting from the allocation...

          6. 14.6. On request from the Commission, Member States shall provide information...

        2. 15. Transfer of days between fishing vessels flying the flag of...

      7. USE OF FISHING GEAR

        1. 16. Notification of fishing gear

        2. 17. Use of more than one grouping of fishing gear

          1. 17.1. A vessel may use gears belonging to more than one...

          2. 17.2 Where the master of a vessel or his representative notifies...

          3. 17.3. The option to use more than one gear shall only...

          4. 17.4. Inspection and surveillance at sea and in port by the...

        3. 18. Combined use of regulated and unregulated fishing gear

        4. 19. Prohibition of carrying on board more than one regulated fishing...

          1. 19.1. A vessel which is present within any of the areas...

          2. 19.2. By way of derogation from point 19.1 a vessel may...

      8. NON-FISHING RELATED ACTIVITIES AND TRANSIT

        1. 20. Non-fishing related activities

        2. 21. Transit

      9. VESSEL MONITORING SYSTEMS OBLIGATIONS

        1. 22. Recording of relevant data

        2. 23. Cross-checks

      10. REPORTING OBLIGATIONS

        1. 24. Collection of relevant data

        2. 25. Communication of relevant data

      11. ANNEX IIB

        FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NEPHROPS STOCKS

        1. 1. Scope

        2. 2. Definition of days present within the area

        3. 3. Definition of fishing gear

        4. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

          1. 4. Obligations of the Member States

          2. 5. Levels of fishing effort

            1. 5.1. A Member State shall not permit fishing with a gear...

            2. 5.2 A vessel flying the flag of a Member State having...

          3. 6. Calculation of fishing effort

        5. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING...

          1. 7. Maximum number of days

            1. 7.1. For the purposes of fixing the maximum number of days...

            2. 7.2. The maximum number of days 2006per year for which a...

          2. 8. Management periods

            1. 8.1. A Member State may divide the days present within the...

            2. 8.2. The number of days for which a vessel may be...

            3. 8.3. In any given management period a vessel may undertake non-fishing...

          3. 9. Allocation of additional days for permanent cessations of fishing activities...

            1. 9.1. An additional number of days on which a vessel may...

            2. 9.2. Member States wishing to benefit from the allocations referred to...

            3. 9.3. On the basis of such a request the Commission may...

          4. 10. Allocation of additional days for enhanced observer coverage

            1. 10.1. Three additional days on which a vessel may be present...

            2. 10.2. Member States wishing to benefit from the allocations referred to...

            3. 10.3. On the basis of this description, and after consultation with...

          5. 11. Conditions for derogations from the normal allocation of days

            1. 11.1 If a vessel has received an additional number of days...

            2. 11.2. The vessel shall not tranship any fish at sea to...

            3. 11.3. When either of these conditions is not met by a...

        6. EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE...

          1. 12. Transfer of days between vessels flying the flag of a...

            1. 12.1. According to provisions laid down in point 5, a Member...

            2. 12.2. The total number of days present within the area transferred...

            3. 12.3. The transfer of days as described in 12.1. shall be...

            4. 12.4. No transfer of days from vessels benefiting from the allocation...

            5. 12.5. On request from the Commission, Member States shall provide reports...

          2. 13. Transfer of days between fishing vessels flying the flag of...

        7. USE OF FISHING GEAR

          1. 14. Notification of fishing gear

            1. 14.1. Before the first day of each management period the master...

            2. 14.2 Point 14.1 shall not apply to fishing vessels authorised by...

          2. 15. Combined use of regulated and unregulated fishing gear

          3. 16. Transit

        8. MONITORING, INSPECTION AND SURVEILLANCE

          1. 17. Recording of relevant data

          2. 18. Cross-checks

        9. REPORTING OBLIGATIONS

          1. 19. Collection of relevant data

          2. 20. Communication of relevant data

      12. ANNEX IIC

        FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS

        1. 1. Scope

        2. 2. Definition of days present with the area

        3. 3. Definition of fishing gear

        4. IMPLEMENTATION OF FISHING EFFORT LIMITATIONS

          1. 4. Obligations of the member States

          2. 5. Levels of fishing effort

            1. 5.1. A Member State shall not permit fishing with a gear...

            2. 5.2. A vessel flying the flag of a Member State having...

          3. 6. Calculation of the fishing effort

        5. NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING...

          1. 7. Maximum number of days

            1. 7.1. For the purposes of fixing the maximum number of days...

            2. 7.2. The maximum number of days per year for which a...

            3. 7.3. The number of days in which a vessel is present...

          2. 8. Management periods

            1. 8.1. Member States may divide the days present within the area...

            2. 8.2. The number of days for which a vessel may be...

            3. 8.3. In any given management period a vessel that has used...

          3. 9. Allocation of additional days for permanent cessations of fishing activities...

            1. 9.1. An additional number of days on which a vessel may...

            2. 9.2. Member States wishing to benefit from such allocations shall submit...

            3. 9.3. On the basis of such a request the Commission may...

          4. 10. Allocation of additional days for enhanced observer coverage

            1. 10.1 Three additional days on which a vessel may be present...

            2. 10.2 Member States wishing to benefit from the allocations referred to...

            3. 10.3 On the basis of this description, and after consultation with...

          5. 11. Conditions for derogations from the normal allocation of days

            1. 11.1. If a vessel has received an additional number of days...

            2. 11.2. The vessel shall not tranship any fish at sea to...

            3. 11.3. When either of these conditions is not met by a...

        6. EXCHANGES OF FISHING EFFORT ALLOCATIONS AND DAYS PRESENT WITHIN THE...

          1. 12. Transfer of days between fishing vessels flying the flag of...

            1. 12.1. In accordance with the provisions laid down in point 5,...

            2. 12.2. The total number of days present within the area transferred...

            3. 12.3. The transfer of days as described in point 12.1. shall...

            4. 12.4. On request from the Commission, Member States shall provide reports...

          2. 13. Transfer of days between fishing vessels flying the flag of...

        7. USE OF FISHING GEAR

          1. 14. Notification of fishing gear

          2. 15. Non-fishing related activities.

          3. 16. Transit

        8. MONITORING, INSPECTION AND SURVEILLANCE

          1. 17. Fishing effort messages

          2. 18. Recording of relevant data

          3. 19. Cross-checks

          4. 20. Alternative control measures

          5. 21. Prior notification of transhipments and landings

          6. 22. Margin of tolerance in the estimation of quantities reported in...

          7. 23. Separate stowage

          8. 24. Weighing

            1. 24.1. The competent authorities of a Member State shall ensure that...

            2. 24.2. The competent authorities of a Member State may require that...

          9. 25. Transport

          10. 26. Specific monitoring programme

        9. REPORTING OBLIGATIONS

          1. 27. Collection of relevant data

          2. 28. Communication of relevant data

      13. ANNEX IID

        FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN SUBAREA IV AND DIVISIONS IIA, AND IIIA

        1. 1. The conditions laid down in this Annex shall apply to...

        2. 2. For the purposes of this Annex a day present within...

        3. 3. Each Member State concerned shall, not later than 1 March...

        4. 4. The following quantities shall be calculated by each Member State:...

        5. 5. Each Member State shall ensure that the number of kilowatt-days...

        6. 6. The maximum number of kilowatt-days referred to in point 5...

    3. ANNEX III

      TRANSITIONAL TECHNICAL AND CONTROL MEASURES

      1. Part A North Atlantic including the North Sea, Skagerrak and Kattegat

        1. 1. Landing and weighing procedures for herring, mackerel and horse mackerel...

          1. 1.1. Scope

            1. 1.1.1. The following procedures shall apply to landings in the European...

          2. 1.2. Designated ports

            1. 1.2.1. Landings referred to in point 1.1 are only permitted in...

            2. 1.2.2. Each Member State concerned shall transmit to the Commission changes...

          3. 1.3. Entry to port

            1. 1.3.1. The master of a fishing vessel referred to in point...

          4. 1.4. Discharge

            1. 1.4.1. The competent authorities of the Member State concerned shall require...

          5. 1.5. Logbook

            1. 1.5.1. By way of derogation from the provisions of point 4.2...

          6. 1.6. Weighing of fresh fish

            1. 1.6.1. All buyers purchasing fresh fish shall ensure that all quantities...

            2. 1.6.2. When determining the weight any deduction for water shall not...

          7. 1.7. Weighing of fresh fish after transport

            1. 1.7.1. By way of derogation from point 1.6.1. Member States may...

          8. 1.8. Weighing of frozen fish

            1. 1.8.1. All buyers or holders of frozen fish shall ensure that...

            2. 1.8.2. Alternatively, the weight of frozen fish packed in boxes may...

          9. 1.9. Sales note and take-over declaration

            1. 1.9.1. In addition to the provisions of Article 9 (5) of...

          10. 1.10 Weighing facilities

            1. 1.10.1. In cases where publicly operated weighing facilities are used the...

            2. 1.10.2. In cases where privately operated weighing facilities are used the...

          11. 1.11. Access by competent authorities

          12. 1.12. Cross checks

            1. 1.12.1. The competent authorities shall carry out administrative cross checks on...

          13. 1.13. Full inspection

            1. 1.13.1. The competent authorities of a Member State shall ensure that...

          14. 1.14. Documentation

            1. 1.14.1. All inspection activities covered by point 1 shall be documented....

        2. 2. Fishing for herring in ICES Division IIa (EC waters)

        3. 3. Technical conservation measures in the Skagerrak and in the Kattegat...

        4. 4. Restrictions on fishing for Cod

          1. 4.1. ICES Division VIa

          2. 4.2. ICES Divisions VII f and g

          3. 4.3. By way of derogation from points 4.1. and 4.2. it...

          4. 4.4. By way of derogation from points 4.1. and 4.2., it...

        5. 5. Closure of an area for sandeel fisheries

          1. 5.1. It shall be prohibited to land or retain on board...

          2. 5.2. Fisheries for scientific investigation shall be allowed in order to...

        6. 6. Rockall Haddock box

        7. 7. Technical conservation measures in the Irish Sea

        8. 8. Use of gillnets in ICES Divisions VIa, b and VIIb,...

          1. 8.1. For the purposes of this Annex, ‘Gillnet’ and ‘Entangling net’...

          2. 8.2. For the purposes of this Annex, ‘Trammel net’ means a...

          3. 8.3. Community vessels shall not deploy gillnets, entangling nets and trammel...

          4. 8.4. All nets referred to in points 8.1 and 8.2. shall...

        9. 9. Condition for fisheries with certain towed gears authorized in the...

        10. 10. Fishing effort for deep sea species

          1. 10.1. Member States shall ensure that fishing activities which lead to...

          2. 10.2. It shall however be prohibited to catch and retain on...

        11. 11. Interim measures for the protection of vulnerable deep-sea habitats

        12. 12. CECAF

        13. 13. Vessels engaged in illegal, unreported and unregulated fisheries in the...

          1. 13.1. Vessels that have been placed by the North-East Atlantic Fisheries...

          2. 13.2. The Commission shall amend the list to be in accordance...

        14. 14. Electric Fishing

      2. Part B Mediterranean

        1. 15. Temporary measure for mesh size and fishery activities

        2. 16. Dredges and trawl nets in deep-sea fisheries

        3. 17. Establishment of GFCM record of vessels over 15 m

          1. 17.1. Before 1 June 2006 each Member State shall send the...

          2. 17.2. The list indicated in paragraph 17.1. shall include the following...

          3. 17.3. The Commission shall send the list to the GFCM Executive...

          4. 17.4. Any change to be made to the list indicated in...

          5. 17.5. Community fishing vessels more than 15 metres in overall length...

          6. 17.6. Member States shall take the necessary measures to ensure that:...

          7. 17.7. Member States shall take the necessary measures to prohibit fishing,...

          8. 17.8. Member States shall without delay pass on to the Commission...

      3. Part C Eastern Pacific Ocean

        1. 18. Purse seines in the Regulatory Area of the Inter-American Tropical...

          1. 18.1. The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares),...

          2. 18.2. The Member States concerned shall notify the Commission of the...

          3. 18.3. As of the date of entry into force of this...

          4. 18.4. Purse seine vessels shall promptly release unharmed, to the extent...

        2. 19. The following specific measures to encircled or entangled sea turtles...

      4. Part D Highly migratory fish in Eastern Atlantic and the Mediterranean

        1. 20. Minimum size for bluefin tuna in the East Atlantic and...

          1. 20.1. By way of derogation from the provisions laid down in...

          2. 20.2. By way of derogation from the provisions laid down in...

        2. 21. Minimum size for bigeye tuna

        3. 22. Restrictions on the use of certain types of vessels and...

          1. 22.1. In order to protect the bigeye stock, in particular juvenile...

          2. 22.2. By way of derogation from the provisions of Article 3...

        4. 23. Measures concerning sport and recreational fishing activities in the Mediterranean...

          1. 23.1. Each Member State shall take the necessary measures to forbid...

          2. 23.2. Each Member State shall ensure that catches of tuna and...

        5. 24. Sampling plan for bluefin Tuna

      5. Part E South-east Atlantic

        1. 25. SEAFO

          1. 25.1. All Community vessels operating in the South East Atlantic Fisheries...

          2. 25.2. Member States shall take the necessary steps to appoint scientific...

          3. 25.3. The master of a Community vessels operating in the SEAFO...

          4. 25.4. Member States shall send to the SEAFO Secretariat by 1...

      6. Appendix 1 to Annex III

        TOWED GEARS: Skagerrak and Kattegat

      7. Appendix 2 to Annex III

        Specifications of the Sorting grid for 70 mm trawl fishery in Skagerrak and Kattegat

        1. The species selective grid shall be attached in trawls with...

      8. Appendix 3 to Annex III

        Condition for fisheries with certain towed gears authorized in ICES Subareas III, IV, V, VI and VII and ICES divisions VIII a, b, c, e

        1. Specifications of the top square mesh window

        2. Location of the window

        3. Size of the window

        4. Netting of the window

        5. Insertion of the window into the diamond meshes netting

        6. Other

      9. Appendix 4 to Annex III

        List of vessels that have been confirmed by NEAFC

    4. ANNEX IV

      1. PART I Quantitative limitations of licences and fishing permits for Community vessels fishing in third country waters

      2. PART II Quantitative limitations of licences and fishing permits for third country fishing vessels in Community waters

      3. PART III Declaration pursuant to Article 25(2)

    5. ANNEX V

      1. PART I Information to be recorded in the logbook

      2. PART II

    6. ANNEX VI

      CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION

      1. 1. The information to be transmitted to the Commission of the...

      2. 2. Form of the communication

      3. 3. Communication scheme

      4. 4. Name of the radio station

      5. 5. Code to be used to indicate the species

      6. 6. Codes to be used to indicate the relevant area

      7. 7. In addition to the provisions laid down in points 1...

    7. ANNEX VII

      LIST OF SPECIES

    8. ANNEX VIII

      1. AUTHORISED TOPSIDE CHAFERS

        1. 1. ICNAF-type topside chafer

        2. 2. Multiple flap-type topside chafer

      2. POLISH CHAFER

        1. 3. Large-mesh (modified Polish-type) topside chafer

    9. ANNEX IX

      SHRIMP TRAWL TOGGLE CHAINS: NAFO AREA

      1. Toggle chains are chains, ropes, or a combination of both,...

      2. The attached sketch shows how to measure the toggle chain...

    10. ANNEX X

    11. ANNEX XI

      RECORDING OF CATCH (LOGBOOK ENTRIES)

      3. FISHING VESSEL CODES

        1. A. Main Vessel Types

        2. B. Main vessel activities

    12. ANNEX XII

      NAFO AREA

    13. ANNEX XIII

    14. ANNEX XIV

      CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2005/06

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