Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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 (c. 43)

ANNEX III TRANSITIONAL TECHNICAL AND CONTROL MEASURES

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

1. Fishing for Herring in EC waters of ICES zone IIa

It shall be prohibited to land or retain on board herring caught in EC waters of zone IIa in the periods 1 January to 28 February and 16 May to 31 December.

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

By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 1 to this Annex shall apply.

3. Electric fishing in ices zones IVc and IVb

3.1. By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical pulse current shall be allowed in ICES zones IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:

• a point on the east coast of the United Kingdom at latitude 55^o N,

• then east to latitude 55^o N, longitude 5^o E,

• then north to latitude 56^o N,

• and finally east to a point on the west coast of Denmark at latitude 56^o N.

3.2. The following measures shall apply in 2009:

(a)

no more than 5 % of the beam trawler fleet by Member State shall be allowed to use the electric pulse trawl;

(b)

the maximum electrical power in kW for each beam trawl shall be no more than the length in metre of the beam multiplied by 1,25;

(c)

the effective voltage between the electrodes shall be no more than 15 V;

(d)

the vessel shall be equipped with an automatic computer management system which records the maximum power used per beam and the effective voltage between electrodes for at least the last 100 tows. It shall be not possible for non authorised person to modify this automatic computer management system;

(e)

it shall be prohibited to use one or more tickler chains in front of the footrope.

4. Closure of an area for sandeel fisheries in ices zone IV

4.1. It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

• the east coast of England at latitude 55^o30'N,

• latitude 55^o30'N, longitude 1^o00'W,

• latitude 58^o00'N, longitude 1^o00'W,

• latitude 58^o00'N, longitude 2^o00'W,

• the east coast of Scotland at longitude 2^o00'W.

4.2. Fisheries for scientific investigation shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

5. Rockall Haddock box in ices zone VI

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Point No	Latitude	Longitude
1	57o00'N	15o00'W
2	57o00'N	14o00'W
3	56o30'N	14o00'W
4	56o30'N	15o00'W

However, in the part of the areas defined in this point which overlaps with the area defined as North West Rockall in point 15.1 the derogation as regards longlines shall not apply.

5a. Cod selectivity in the North Sea and Skagerrak

5a.1. Member States shall take measures to distribute along the year 2009, the use of cod quotas by vessels flying their flag, operating in the North Sea and Skagerrak and using bottom trawls, Danish seines and similar towed gear, with the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points 5a.2 to 5a.6.

5a.2. Member States shall adapt the use of the gears mentioned in point 5a.1 in respect of the utilisation of its cod quota. For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of 2009, and communicate these to the Commission by 1 February 2009.

5a.3. If, at the end of any of the first three quarters of 2009, the utilisation of the cod quota is more than 10 % above the target quantity, the Member State concerned shall put in place measures to ensure that its vessels referred to in point 5a.1 apply technical changes to their fishing gears deployed which allow for a reduction in cod by-catches to such an extent as sufficient to meet the target for the utilisation of the quota at the end of the following quarter.

5a.4. Within one month from the end of the quarter in which the target quantity has been exceeded, Member States shall inform the Commission of the measures referred to in point 5a.3, outlining the technical changes that are to be introduced to the gears and the vessels that will be affected, together with supporting evidence of the likely effect on catch rates of cod.

5a.5. Where the cod quota of a Member State has been utilised up to a level of 90 % at any time before 15 November 2009, it shall be obligatory for all vessels of that Member State referred to in point 5a.1 using gears with a mesh size of 80 mm or greater, with the exception of vessels using Danish seines to use for the remainder of the year the fishing gear described in Appendix 4 to this Annex or any other gear the technical attributes of which result in similar catch rates of cod, as confirmed by STECF, or, for vessels targeting Norway lobster, a sorting grid as described in Appendix 3 to this Annex or any other gear with a proven equivalent escapement capability.

5a.6. Notwithstanding point 5a.5, Member States may also apply the measures referred to in that point to individual vessels or to groups of vessels that, at any time before 15 November 2009, have used 90 % of the part of the national cod quota that was made available to them in accordance with the national method of allocating fishing opportunities.

5a.7. Notwithstanding point 5a.3 and 5a.5, Member States may also apply the measures referred to in those points with respect to individual vessels or to groups of vessels to which part of the national cod quota has been made available in accordance with the national method of allocating fishing opportunities.

5b. Prohibition of high grading in the North Sea and Skagerrak

5b.1. Any species subject to quota caught during fishing operations in the North Sea and Skagerrak shall be brought aboard the vessel and subsequently landed unless this would be contrary to obligations provided for in the provisions laid down in Community fisheries legislation establishing technical, control and conservation measures, and in particular the present Regulation and Regulations (EC) No 2371/2002, (EEC) No 2847/93 and (EC) No 850/98 and their implementing rules.

5b.2. Member States shall endeavour to take similar measures to those referred in point 5b.1 in the Eastern Channel.

5c. Real time closures in the North Sea, Skagerrak and Eastern Channel

5c.1. Without prejudice to the possibility to take emergency measures in accordance with Article 8 of Regulation (EC) No 2371/2002, Member States may, where there is evidence of a serious threat to the conservation of certain species or fishing grounds in the North Sea, Skagerrak and Eastern Channel, including where it is important to avoid high concentrations of a threatened species, and where any undue delay would result in damage to the concerned species or fishing ground which would be difficult to repair, take conservation measures more stringent than those laid down in Community legislation in respect of the waters under its sovereignty or jurisdiction.

5c.2. The measures referred to in point 5c.1:

• shall be non-discriminatory,

• may only apply to fishing vessels that are equipped to catch the species concerned and/or which have an authorisation to fish on the fishing grounds concerned, and

• have a maximum duration of 21 days after which they shall automatically cease to apply.

The geographical extent of the affected fishing grounds shall be clearly defined.

5c.3. Member States shall inform the Commission, the other Member States and the Regional Advisory Council concerned without delay of the measures adopted under point 5c.1, by sending a copy of those measures together with an explanatory memorandum.

The measures shall only be applicable if sufficient justification is provided in the explanatory memorandum showing that all conditions of point 5c.1 are fulfilled. In the absence of such justification the Commission may at any time request the Member State to cancel or amend the measure with immediate effect.

5d. Cod selectivity in Eastern Channel

5d.1. Member States shall take measures to distribute along the year 2009, the use of cod quotas by vessels flying their flag, operating in the Eastern Channel and using bottom trawls, Danish seines and similar towed gear, with the exception of beam trawls, and to limit cod discards by those vessels, in accordance with conditions set out in points 5d.2 to 5d.4 below.

5d.2. Member States shall adapt the use of the gears mentioned in point 5d.1 in respect of the utilisation of its cod quota. For this purpose, Member States shall establish utilisation targets of its cod quotas by the end of each quarter of 2009, and communicate these to the Commission by 1 February 2009.

5d.3. If, at the end of any of the second and third quarters of 2009, the utilisation of the cod quota is more than 10 % above the target quantity, the Member State concerned shall put in place measures, including real time closures, to ensure that the vessels referred to in point 5d.1 flying their flag avoid cod by-catches and target non quota species, to such an extent as sufficient to meet the target for the utilisation of the cod quota at the end of the following quarter.

5d.4. On request from the Commission, Member States shall inform the Commission of the measures referred to in point 5d.3.

6. Restrictions on fishing for cod, haddock and whiting in ICES zones VI and restriction on fishing for cod in ICES zone VII

This point shall apply to vessels of more than 15 metres overall length from the date of application of this Regulation and for other vessels from 1 April 2009.

6.1. ICES zone VIa

(i)

Until 31 December 2009 it shall be prohibited to conduct any fishing activity at any location within that part of ICES Division VIa that lies to the east or to the south of those rhumb lines which sequentially join the following coordinates:

• 54^o30'N, 10^o35'W

• 55^o20'N, 9^o50'W

• 55^o30'N, 9^o20'W

• 56^o40'N, 8^o55'W

• 57^o0'N, 9^o0'W

• 57^o20'N, 9^o20'W

• 57^o50'N, 9^o20'W

• 58^o10'N, 9^o0'W

• 58^o40'N, 7^o40'W

• 59^o0'N, 7^o30'W

• 59^o20'N, 6^o30'W

• 59^o40'N, 6^o5'W

• 59^o40'N, 5^o30'W

• 60^o0'N, 4^o50'W

• 60^o15'N, 4^o0'W;

(ii)

Until 31 December 2009, any fishing vessel present at any location within the area referred to in point (i) shall ensure that any fishing gears carried on board are lashed and stowed in accordance with Article 20(1) of Regulation (EEC) No 2847/93.

6.2. ICES zones VII f and g

From 1 February 2009 until 31 March 2009, it shall be prohibited to conduct any fishing activity in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within six nautical miles from the baseline.

6.3. By way of derogation from points 6.1 and 6.2 it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that:

(i)

no fishing gear other than inshore static nets fixed with stakes, scallop dredges, mussel dredges, pots and creels are carried on board or deployed; and

(ii)

no fish other than salmon, shellfish and crustacea are retained on board, landed or brought ashore.

6.4. By way of derogation from points 6.1 and 6.2, it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that:

(i)

no net of mesh size greater than or equal to 55 mm is carried on board; and

(ii)

no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.

6.5. By way of derogation from point 6.1, it shall be permitted to fish for nephrops provided that:

(i)

the fishing gear used incorporates a sorting grid in accordance with points (b), (c), (d) and (e) from Appendix 2 to this Annex or a square-mesh panel as described in Appendix 5 to this Annex;

(ii)

no less than 30 % of the retained catch by weight is comprised of nephrops;

(iii)

no more than 10 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or whiting; and

(iv)

the fishing gear is constructed with a minimum mesh-size of 80 mm.

This derogation shall not apply within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

• 59^o05'N, 06^o45'W

• 59^o30'N, 06^o00'W

• 59^o40'N, 05^o00'W

• 60^o00'N, 04^o00'W

• 59^o30'N, 04^o00'W

• 59^o05'N, 06^o45'W.

6.6. By way of derogation from point 6.1, it shall be permitted to fish with trawls, demersal seines or similar gears provided that:

(i)

all nets on board the vessel are constructed with a minimum mesh-size of 120 mm for vessels more than 15 metres overall length and of 110 mm for all other vessels;

(ii)

no more than 30 % of the retained catch by weight is comprised of any mixture of cod, haddock and/or whiting;

(iii)

where the catch retained on board comprises less than 90 % saithe the fishing gear used incorporates a square-mesh panel as described in Appendix 5 to this Annex, and;

(iv)

where the overall length of the vessel is less than or equal to 15 metres, regardless of the quantity of saithe catches retained on board, the fishing gear used incorporates a square-mesh panel as described in Appendix 6 to this Annex.

6.7. Observer coverage in ICES zone VIa

Each Member State concerned shall establish an onboard observer programme in 2009 in order to sample the catches and discards of vessels benefiting from the derogations provided for in points 6.5 and 6.6. The observer programmes shall be carried out without prejudice to the obligations under Regulation (EC) No 665/2008 and shall aim at estimating cod, haddock and whiting catches and discards with an accuracy of no less than 20 %.

Member States concerned shall submit to the Commission a preliminary report on the total amount of catches and discards of vessels subject to the observer programme no later than 30 June 2009. A final report concerning 2009 shall be submitted by 1 February 2010 at the latest.

6.8. Experiments to reduce catches of whitefish when fishing for nephrops

In the area referred in point 6.1 Member States concerned shall, with the aim to identify fishing methods for nephrops that have the lowest impact on whitefish, undertake in 2009 trials and experiments when fishing for nephrops:

• on a sorting grid in accordance with Appendix 2 to this Annex, and

• on a square mesh window in accordance with points 1 and 3 of Appendix 5 inserted into the top panel of the codend and terminating no more than 6 m from the codline.

Member States concerned shall submit the results of the trials and experiments to the Commission no later than 30 September 2009.

7. Special rules for the protection of blue ling in Zone VIa

7.1. In the period from 1 March to 31 May 2009 the special conditions as laid down in this point shall apply in the areas of Zone VIa delimited by rhumb lines sequentially joining the following coordinates:

(i)

Edge of Scottish continental shelf

• 59^o58 N, 07^o00 W

• 59^o55 N, 06^o47 W

• 59^o51 N, 06^o28 W

• 59^o45 N, 06^o38 W

• 59^o27 N, 06^o42 W

• 59^o22 N, 06^o47 W

• 59^o15 N, 07^o15 W

• 59^o07 N, 07^o31 W

• 58^o52 N, 07^o44 W

• 58^o44 N, 08^o11 W

• 58^o43 N, 08^o27 W

• 58^o28 N, 09^o16 W

• 58^o15 N, 09^o32 W

• 58^o15 N, 9^o45 W

• 58^o30 N, 9^o45 W

• 59^o30 N, 7^o00 W;

(ii)

Edge of Rosemary bank

• 60^o00 N, 11^o00 W

• 59^o00 N, 11^o00 W

• 59^o00 N, 09^o00 W

• 59^o30 N, 09^o00 W

• 59^o30 N, 10^o00 W

• 60 00 N, 10^o00 W

• Not including the area delimited by rhumb lines sequentially joining the following coordinates:

  • 59^o15 N, 10^o24 W

  • 59^o10 N, 10^o22 W

  • 59^o08 N, 10^o07 W

  • 59^o11 N, 09^o59 W

  • 59^o15 N, 09^o58 W

  • 59^o22 N, 10^o02 W

  • 59^o23 N, 10^o11 W

  • 59^o20 N, 10^o19 W;

7.2. When entering the area set out in point 7.1, the master of a fishing vessel shall record the date, time and place of entry in the logbook.

7.3. When exiting the area set out in point 7.1, the master of a fishing vessel shall record the date, time and place of entry in the logbook.

7.4. In either of the two areas set out in point 7.1 it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip. If a vessel reaches this quantity the vessel:

(a)

shall immediately cease fishing and exit the area in which it is present;

(b)

may not re-enter either of the areas until its catch has been landed;

(c)

may not return to the sea any quantity of blue ling.

7.5. The observers referred to in Article 8 of Regulation (EC) No 2347/2002 assigned to fishing vessels present in one the areas referred to in point 7.1 shall, in addition to their task in accordance with that Article, for appropriate samples of the catches of blue ling, measure the fish in the samples and determine the stage of sexual maturity of subsampled fish. Member States shall establish detailed sampling protocols and collation of results after consultation of STECF.

8. Technical conservation measures in the Irish Sea

8.1. In the period from 14 February 2009 to 30 April 2009 it shall be prohibited to use any demersal trawl, seine or similar towed net, any gill net, trammel net, tangle net or similar static net or any fishing gear incorporating hooks within that part of ICES division VIIa enclosed by:

• the east coast of Ireland and the east coast of Northern Ireland, and

• straight lines sequentially joining the following geographical coordinates:

  • a point on the east coast of the Ards peninsula in Northern Ireland at 54^o 30' N,

  • 54^o 30' N, 04^o 50' W,

  • 53^o 15' N, 04^o 50' W,

  • a point on the east coast of Ireland at 53^o 15' N.

8.2. By way of derogation from point 8.1, within the area and time period referred to therein:

(a)

the use of demersal otter trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

(i)

are of mesh size either 70 mm to 79 mm or 80 mm to 99 mm; and

(ii)

are of only one of the permitted mesh size ranges; and

(iii)

incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than 300 mm; and

(iv)

are deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates:

• 53^o 30' N, 05^o 30' W

• 53^o 30' N, 05^o 20' W

• 54^o 20' N, 04^o 50' W

• 54^o 30' N, 05^o 10' W

• 54^o 30' N, 05^o 20' W

• 54^o 00' N, 05^o 50' W

• 54^o 00' N, 06^o 10' W

• 53^o 45' N, 06^o 10' W

• 53^o 45' N, 05^o 30' W

• 53^o 30' N, 05^o 30' W;

(b)

the use of separator trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

(i)

comply with the conditions laid down in subparagraph (a)(i) to (iv); and

(ii)

are constructed in conformity with the technical details provided in the Annex of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa)(1).

Furthermore, separator trawls may also be used within an area enclosed by rhumb lines sequentially joining the following coordinates:

• 53^o 45' N, 06^o 00' W

• 53^o 45' N, 05^o 30' W

• 53^o 30' N, 05^o 30' W

• 53^o 30' N, 06^o 00' W

• 53^o 45' N, 06^o 00' W.

8.3. The technical conservation measures referred to in Articles 3 and 4 of Regulation (EC) No 254/2002 shall apply.

9. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k, VIII, IX, X and XII

9.1. For the purposes of this point, gillnet and entangling net means a gear made up of a single piece of net and held vertically in the water. It catches living aquatic resources by gilling, entangling or enmeshing.

9.2. For the purposes of this point, trammel net means a gear made up of two or more pieces of net hung jointly in parallel on a single headline and held vertically in the water.

9.3. Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27^o W, and as from 1 October 2009 in ICES zones VIII, IX, X.

9.4. By way of derogation from point 9.3 it shall be permitted to use the following gear:

(a)

Gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII east of 27^o W with a mesh size equal to or greater than 120 mm and less than 150 mm, gillnets in ICES Zones VIIIa, b, d and X with a mesh size equal to or greater than 100 mm and less than 130 mm and gillnets in ICES Zones VIIIc and IX with a mesh size equal to or greater than 80 mm and less than 110 mm provided that they are deployed in waters of less than 600 metres charted depth, are no more than 100 meshes deep, have a hanging ratio of not less than 0,5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of five nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The maximum soak time shall be 24 hours; or

(b)

Entangling nets with a mesh size equal to or greater than 250 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 15 meshes deep, have a hanging ratio of not less than 0,33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10 km in length. The total length of all nets deployed at any one time shall not exceed 100 km per vessel. The maximum soak time shall be 72 hours;

(c)

Gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k and XII East of 27^o W with a mesh size equal to or greater than 100 mm and less than 130 mm, provided that:

• they are deployed in waters of more than 200 meters charted depth and less than 600 meters charted depth,

• are no more than 100 meshes deep, have a hanging ratio of not less than 0,5,

• are rigged with floats or equivalent floatation,

• the nets shall each be of a maximum of four nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 20 km per vessel,

• the maximum soak time shall be 24 hours,

• no less than 85 % of the retained catch by weight is comprised of hake,

• the number of vessels participating in the fishery shall not increase above the level recorded in 2008,

• the master of the vessel participating in this fishery shall record in the log-book, prior to leaving port, the quantity and total length of gear carried on board the vessel. A minimum of 15 % of departures shall be subject to inspection,

• the master of the vessel must have on board 90 % of the gear as verified in the Community logbook for that trip at the time of landing, and

• the quantity of all species caught greater than 50 kg, including all quantities discarded greater than 50 kg, must be recorded in the Community logbook.

However, this derogation shall not apply in the NEAFC Regulatory Area.

9.5. Only one of the types of gear described in points 9.4(a) and 9.4(b) shall be carried aboard the vessel at any one time. To allow for the replacement of lost or damaged gear, vessels may carry on board nets with a total length 20 % greater than the maximum length of the fleets that may be deployed at any one time. All gear shall be marked in accordance with Commission Regulation (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls(2).

9.6. All vessels deploying gillnets or entangling nets at any position where the charted depth is greater than 200 metres in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27^o W, and as from 1 October 2009 in ICES Zones VIII, IX, X, must hold a special fixed net fishing permit issued by the flag Member State.

9.7. The master of a vessel with a fixed net permit referred to in point 9.6 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and must account for any discrepancy between the two quantities.

With regard to vessel benefiting from the derogation referred to in point 9.4(c) a minimum of 15 % of departures shall be subject to inspection.

9.8. The naval services or other competent authorities shall have the right to remove unattended gear at sea in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27^o W, and as from 1 October 2009 in ICES Zones VIII, IX, X, in the following situations:

(a)

the gear is not properly marked;

(b)

the buoy markings or VMS data indicate that the owner has not been located at a distance less than 100 nautical miles from the gear for more than 120 hours;

(c)

the gear is deployed in waters with a charted depth greater than that permitted;

(d)

the gear is of an illegal mesh size.

9.9. The master of a vessel with a fixed net permit referred to in point 9.6 shall be recorded in the logbook the following information during each fishing trip:

• the mesh size of the net deployed,

• the nominal length of one net,

• the number of nets in a fleet,

• the total number of fleets deployed,

• the position of each fleet deployed,

• the depth of each fleet deployed,

• the soak time of each fleet deployed,

• the quantity of any gear lost, its last known position and date of loss.

9.10. Vessels fishing with a fixed net permit referred to in point 9.6 shall only be permitted to land in the ports designated by the Member States in accordance with Article 7 of Regulation (EC) 2347/2002.

9.11. The quantity of sharks retained on board by any vessel using the gear type described in point 9.4(b) shall be no more than 5 % by live-weight of the total quantity of marine organisms retained on board.

9.12. The Commission may decide, after consultation of the STECF, to exclude certain fisheries, in ICES Zones VIII, IX, X, from application of points 9.1 to 9.11, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.

10. Reduction of whiting discards in the North Sea

10.1. In the North Sea, Member States shall undertake in 2009 trials and experiments as necessary on technical adaptations of the trawls, Danish seines or similar gears with a mesh size equal to or greater than 80 mm and less than 90 mm in order to reduce the discards of whiting by at least 30 %.

10.2. Member States shall make the results of the trials and experiments laid down in point 10.1 available to the Commission no later than 31 August 2009.

10.3. The Council shall, on the basis of a proposal from the Commission, decide on appropriate technical adaptations to reduce discards of whiting in conformity with the objective laid down in point 10.1.

11. Reduction of cod discards in the North Sea

11.1. Member States which hold a cod quota shall undertake trials in 2009 on technical measures for towed gears to reduce the proportion, in number of cod that is discarded to no more than 10 %.

11.2. Member States shall make the results of the trials laid down in point 11.1 available to the Commission before 31 December 2009.

12. Condition for fisheries with certain towed gears authorised in the Bay of Biscay.

12.1. By way of derogation of the provisions laid down in Article 5(2) of Commission Regulation (EC) No 494/2002 of 19 March 2002 establishing additional technical measures for recovery of the stock of hake in ICES zones III, IV, V, VI and VII and ICES zones VIII a, b, d, e(3), it shall be permitted to conduct fishing activity using trawls, Danish seines and similar gears, except beam trawls, of mesh size range 70 to 99 mm in the area defined in Article 5(1)(b) of Regulation (EC) No 494/2002 if the gear is fitted with a square mesh window in accordance with Appendix 3 to this Annex.

12.2. When fishing in zone VIII a and b it shall be permitted to use a selective grid and its attachments in front of the codend and/or a square mesh panel with a mesh size equal or more than 60 mm in the lower part of the extension piece in front of the codend. The provisions laid down in Articles 4(1), 6 and 9(1) of Regulation (EC) No 850/98 and in Article 3(a) and (b) of Regulation (EC) No 494/2002 shall not apply as regards the section of the trawl where those selective devices are inserted.

13. Restrictions on fishing for roundnose grenadier in ICES zone IIIa

Notwithstanding Regulation (EC) No 1359/2008, no directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Community and Norway.

14. Fishing effort for deep sea species

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2009:

14.1. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

14.2. It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit.

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

15.1. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

The Hecate Seamounts:

• 52^o 21.2866' N, 31^o 09.2688' W

• 52^o 20.8167' N, 30^o 51.5258' W

• 52^o 12.0777' N, 30^o 54.3824' W

• 52^o 12.4144' N, 31^o 14.8168' W

• 52^o 21.2866' N, 31^o 09.2688' W;

The Faraday Seamounts:

• 50^o 01.7968' N, 29^o 37.8077' W

• 49^o 59.1490' N, 29^o 29.4580' W

• 49^o 52.6429' N, 29^o 30.2820' W

• 49^o 44.3831' N, 29^o 02.8711' W

• 49^o 44.4186' N, 28^o 52.4340' W

• 49^o 36.4557' N, 28^o 39.4703' W

• 49^o 29.9701' N, 28^o 45.0183' W

• 49^o 49.4197' N, 29^o 42.0923' W

• 50^o 01.7968' N, 29^o 37.8077' W;

Part of the Reykjanes Ridge:

• 55^o 04.5327' N, 36^o 49.0135' W

• 55^o 05.4804' N, 35^o 58.9784' W

• 54^o 58.9914' N, 34^o 41.3634' W

• 54^o 41.1841' N, 34^o 00.0514' W

• 54^o 00.0'N, 34^o 00.0' W

• 53^o 54.6406' N, 34^o 49.9842' W

• 53^o 58.9668' N, 36^o 39.1260' W

• 55^o 04.5327' N, 36^o 49.0135' W;

The Altair Seamounts:

• 44^o 50.4953' N, 34^o 26.9128' W

• 44^o 47.2611' N, 33^o 48.5158' W

• 44^o 31.2006' N, 33^o 50.1636' W

• 44^o 38.0481' N, 34^o 11.9715' W

• 44^o 38.9470' N, 34^o 27.6819' W

• 44^o 50.4953' N, 34^o 26.9128' W;

The Antialtair Seamounts:

• 43^o 43.1307' N, 22^o 44.1174' W

• 43^o 39.5557' N, 22^o 19.2335' W

• 43^o 31.2802' N, 22^o 08.7964' W

• 43^o 27.7335' N, 22^o 14.6192' W

• 43^o 30.9616' N, 22^o 32.0325' W

• 43^o 40.6286' N, 22^o 47.0288' W

• 43^o 43.1307' N, 22^o 44.1174' W;

Hatton Bank:

• 59^o 26' N, 14^o 30' W

• 59^o 12' N, 15^o 08' W

• 59^o 01' N, 17^o 00' W

• 58^o 50' N, 17^o 38' W

• 58^o 30' N, 17^o 52' W

• 58^o 30' N, 18^o 22' W

• 58^o 03' N, 18^o 22' W

• 58^o 03' N, 17^o 30' W

• 57^o 55' N, 17^o 30' W

• 57^o 45' N, 19^o 15' W

• 58^o 30' N, 18^o 45' W

• 58^o 47' N, 18^o 37' W

• 59^o 05' N, 17^o 32' W

• 59^o 16' N, 17^o 20' W

• 59^o 22' N, 16^o 50' W

• 59^o 21' N, 15^o 40' W;

North West Rockall:

• 57^o 00' N, 14^o 53' W

• 57^o 37' N, 14^o 42' W

• 57^o 55' N, 14^o 24' W

• 58^o 15' N, 13^o 50' W

• 57^o 57' N, 13^o 09' W

• 57^o 50' N, 13^o 14' W

• 57^o 57' N, 13^o 45' W

• 57^o 49' N, 14^o 06' W

• 57^o 29' N, 14^o 19' W

• 57^o 22' N, 14^o 19' W

• 57^o 00' N, 14^o 34' W

• 56^o 56' N, 14^o 36' W

• 56^o 56' N, 14^o 51' W;

South-West Rockall (Empress of Britain Bank):

• 56^o 24' N, 15^o 37' W

• 56^o 21' N, 14^o 58' W

• 56^o 04' N, 15^o 10' W

• 55^o 51' N, 15^o 37' W

• 56^o 10' N, 15^o 52' W;

Logachev Mound:

• 55^o17' N 16^o10' W

• 55^o33' N 16^o16' W

• 55^o50' N 15^o15' W

• 55^o58' N 15^o05' W

• 55^o54' N 14^o55' W

• 55^o45' N 15^o12' W

• 55^o34' N 15^o07' W;

West Rockall Mound:

• 57^o 20' N, 16^o 30' W

• 57^o 05' N, 15^o 58' W

• 56^o 21' N, 17^o 17' W

• 56^o 40' N, 17^o 50' W.

15.2. It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Belgica Mound Province:

• 51^o29,4' N; 11^o51,6' W

• 51^o32,4' N; 11^o41,4' W

• 51^o15,6' N; 11^o 33' W

• 51^o13,8' N; 11^o44,4' W;

Hovland Mound Province:

• 52^o16,2' N; 13^o12,6' W

• 52^o 24' N; 12^o58,2' W

• 52^o16,8' N; 12^o 54' W

• 52^o16,8' N; 12^o29,4' W

• 52^o4,2' N; 12^o29,4' W

• 52^o4,2' N; 12^o52,8' W

• 52^o 9' N; 12^o56,4' W

• 52^o 9' N; 13^o10,8' W;

North-West Porcupine Bank Area I:

• 53^o30,6' N; 14^o32,4' W

• 53^o35,4' N; 14^o27,6' W

• 53^o40,8' N; 14^o15,6' W

• 53^o34,2' N; 14^o11,4' W

• 53^o31,8' N; 14^o14,4' W

• 53^o 24' N; 14^o28,8' W;

North-West Porcupine Bank Area II:

• 53^o43,2' N; 14^o10,8' W

• 53^o51,6' N; 13^o53,4' W

• 53^o45,6' N; 13^o49,8' W

• 53^o36,6' N; 14^o7,2' W;

South-West Porcupine Bank:

• 51^o54,6' N; 15^o7,2' W

• 51^o54,6' N; 14^o55,2' W

• 51^o 42' N; 14^o55,2' W

• 51^o 42' N; 15^o10,2' W

• 51^o49,2' N; 15^o 6' W.

15.3. All Pelagic Vessels fishing in the protected areas for corals set out in point 15.2 must be on an authorised list of vessels and be issued with a special fishing permit which must be held onboard. Such permits shall include all information required in Regulation (EC) No 1627/94 and must be notified following the rules defined in Regulation (EC) No 2943/95 setting out detailed rules for applying Regulation (EC) No 1627/94. Vessels included in the authorised list shall carry on board exclusively pelagic gear.

15.4. Pelagic vessels intending to fish in a protected area for corals as set out in point 15.2 must give four hours advance notification of their intention to enter a protected area for corals to the Irish FMC. They shall at the same time notify quantities retained on board.

15.5. Pelagic vessels fishing in a protected area for corals as set out in point 15.2 must have an operational, fully functioning secure VMS which complies fully with Regulation (EC) No 2244/2003 when in a protected area for corals.

15.6. Pelagic vessels fishing in a protected area for corals as set out in point 15.2 must make VMS reports every hour.

15.7. Pelagic vessels who have concluded fishing in a protected area for corals as set out in point 15.2 must inform the Irish FMC on departure from the area. They shall at the same time notify quantities retained on board.

15.8. Fishing for pelagic species in a protected area for corals as set out in point 15.2 is restricted to having onboard or fishing with nets with a mesh size in the range of 16 mm to 31 mm or 32 mm to 54 mm.

15.9 It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

El Cachucho:

• 44^o 12.00' N, 5^o 16.00' W

• 44^o 12.00' N, 4^o 26.00' W

• 43^o 53.00' N, 4^o 26.00' W

• 43^o 53.00' N, 5^o 16.00' W

By way of derogation from the prohibition set out in the first paragraph, vessels having conducted fisheries with bottom set long-lines in 2006, 2007 and 2008 targeting greater forkbeard (Phycis blennoides) may obtain from their fishing authorities a special fishing permit allowing them to continue conducting that fishery in the area south of 44^o00.00' N. All vessels having obtained this special fishing permit shall, independently from their overall length, have in use an operational, fully functioning secure VMS which complies with Regulation (EC) No 2244/2003, when conducting fisheries in the area of El Cachucho.

16. Minimum size of Short-necked clam

By way of derogation from Article 17 of Regulation (EC) No 850/98, the minimum size for short-necked clam (Ruditapes philippinarum) shall be 35 mm.

17. Condition for certain creel fisheries in zone IXa (West Galicia)

By way of derogation from the prohibition laid down in Article 29b(1) of Regulation (EC) No 850/98, fishing with creels that do not catch Norway lobster shall be authorised in the geographical areas and during the period set out in Article 29b(1)(a) of Regulation (EC) No 850/98.

18. Conditions for fishing for herring in zone VIa (Butt of Lewis)

The provisions laid down in Article 20(1)(d) of Regulation (EC) No 850/98 shall not apply in 2009.

(1)

OJ L 41, 13.2.2002, p. 1.

(2)

OJ L 56, 2.3.2005, p. 8.

(3)

OJ L 77, 20.3.2002, p. 8.