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 (c. 51)

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ANNEX III U.K. TRANSITIONAL TECHNICAL AND CONTROL MEASURES

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

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

1.1. Scope U.K.

1.1.1. The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in: U.K.

(a)

for herring, ICES Subareas I, II, IV, VI and VII and Divisions III a, and Vb;

(b)

for mackerel and horse mackerel, in ICES Subareas III, IV, VI and VII and Division IIa.

1.2. Designated ports U.K.

1.2.1. Landings referred to in point 1.1 are only permitted in designated ports. U.K.

1.2.2. Each Member State concerned shall transmit to the Commission changes in the list, transmitted in 2004, of designated ports in which landings of herring, mackerel and horse mackerel may take place and, changes in inspection and surveillance procedures for those ports including the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in point 1.1.1. within each landing. Those changes shall be transmitted at least 15 days before they enter into force. The Commission shall transmit this information as well as ports designated by third countries to all Member States concerned U.K.

1.3. Entry to port U.K.

1.3.1. The master of a fishing vessel referred to in point 1.1.1. or his agent shall inform the competent authorities of the Member State in which the landing is to be made, at least 4 hours in advance of entry to port of landing of the Member State concerned of the following: U.K.

(a)

the port he intends to enter, the name of the vessel and its registration number;

(b)

the estimated time of arrival at that port;

(c)

the quantities in kilograms live weight by species retained on board;

(d)

the management area in accordance with Annex I to this Regulation where the catch was taken.

1.4. Discharge U.K.

1.4.1. The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so. U.K.

1.5. Logbook U.K.

1.5.1. By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook to the competent authority at the port of landing. U.K.

The quantities retained on board, notified prior to landing as referred to in point 1.3.1.(c), shall be equal to the quantities recorded in the logbook after its completion.

By way of derogation from the provisions of Article 5 (2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 8 %.

1.6. Weighing of fresh fish U.K.

1.6.1. All buyers purchasing fresh fish shall ensure that all quantities received are weighed on systems approved by the competent authorities. The weighing shall be carried out prior to the fish being sorted, processed, held in storage and transported from the port of landing or resold. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and take-over declarations. U.K.

1.6.2. When determining the weight any deduction for water shall not exceed 2 %. U.K.

1.7. Weighing of fresh fish after transport U.K.

1.7.1. By way of derogation from point 1.6.1. Member States may permit fresh fish to be weighed after transport from the port of landing provided that the fish is transported to a destination on the territory of the Member State no more than 100 kilometres from the port of landing and that: U.K.

(a)

the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed, or

(b)

approval is given by the competent authorities at the place of landing to transport the fish subject to the following provisions:

(i)

immediately prior to the tanker leaving the port of landing, the buyer or his agent shall provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it is to be discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed as well as the estimated time of arrival of the tanker at the destination;

(ii)

a copy of the declaration provided for in (i) shall be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination.

1.8. Weighing of frozen fish U.K.

1.8.1. All buyers or holders of frozen fish shall ensure that the quantities landed are weighed prior to the fish being processed, held in storage, transported from the port of landing or resold. Any tare weight equal to the weight of boxes, plastic or other containers in which the fish to be weighed is packed may be deducted from the weight of any quantities landed. U.K.

1.8.2. Alternatively, the weight of frozen fish packed in boxes may be determined by multiplying the average weight of a representative sample based on weighing the contents removed from the box and without plastic packaging whether or not after the thawing of any ice on the surface of the fish. Member States shall notify to the Commission for approval any changes in their sampling methodology approved by the Commission during 2004. Changes shall be approved by the Commission. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and take-over declarations. U.K.

1.9. Sales note and take-over declaration U.K.

1.9.1. In addition to the provisions of Article 9 (5) of Regulation (EC) No 2847/93 the processor or buyer of all fish landed shall submit a copy of the sales note or take-over declaration to the competent authorities of the Member State concerned on demand but in any event no later than 48 hours after the completion of the weighing. U.K.

1.10 Weighing facilities U.K.

1.10.1. In cases where publicly operated weighing facilities are used the party weighing the fish shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or take-over declaration. U.K.

1.10.2. In cases where privately operated weighing facilities are used the system shall be approved, calibrated and sealed by the competent authorities and be subject to the following provisions: U.K.

(a)

the party weighing the fish shall keep a paginated weighing logbook indicating:

(i)

the name and registration number of the vessel from which the fish has been landed,

(ii)

the identity number of the tankers in cases where fish has been transported from the port of landing before weighing,

(iii)

the species of fish,

(iv)

the weight of each landing,

(v)

the date and time of the beginning and end of the weighing.

(b)

where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. Such cumulative total shall be recorded in the paginated logbook referred to in point (a);

(c)

the weighing logbook and the copies of written declarations provided for in point 1.7.1. (b) (ii) shall be kept for three years.

1.11. Access by competent authorities U.K.

The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.

1.12. Cross checks U.K.

1.12.1. The competent authorities shall carry out administrative cross checks on all landings between the following: U.K.

(a)

quantities by species indicated in the prior notice of landing, referred to in point 1.3.1 and the quantities recorded in the vessel's logbook,

(b)

quantities by species recorded in the vessel's logbook and the quantities recorded in the landing declaration,

(c)

quantities by species recorded on the landing declaration and the quantities recorded in the take-over declaration or the sales note.

1.13. Full inspection U.K.

1.13.1. The competent authorities of a Member State shall ensure that at least 15 % of the quantities of fish landed and at least 10 % of the landings of fish are subject to full inspections which shall include at least the following: U.K.

(a)

monitoring of the weighing of the catch from the vessel, by species. In the case of vessels pumping catch ashore the weighing of the entire discharge from the vessels selected for inspection shall be monitored. In the case of freezer trawlers, all boxes shall be counted. A representative sample of boxes/pallets shall be weighed in order to arrive at an average weight for the boxes/pallets. Sampling of boxes shall also be undertaken according to an approved methodology in order to arrive at an average net weight for the fish (without packing, ice);

(b)

in addition to the cross checks referred to in point 1.12 cross verification between the following:

(i)

quantities by species recorded in the weighing logbook and the quantities by species recorded in the take-over declaration or the sales note;

(ii)

the written declarations received by the competent authorities pursuant to point 1.7.1. (b) (i) and the written declarations held by the receiver of the fish pursuant to point 1.7.1 (b) (ii);

(iii)

identity numbers of tankers that appear in the written declarations provided for in point 1.7.1 (b) (i) and the weighing logbooks;

(c)

if the discharge is interrupted, permission shall be required before the discharge can recommence;

(d)

verification that the vessel is empty of all fish, once the discharge has been completed.

1.14. Documentation U.K.

1.14.1. All inspection activities covered by point 1 shall be documented. Such documentation shall be kept for 3 years. U.K.

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

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

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

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.

4. Restrictions on fishing for Cod U.K.

4.1. ICES Division VIa U.K.

Until 31 December 2006, it shall be prohibited to conduct any fishing activity within the areas 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.

4.2. ICES Divisions VII f and g U.K.

From 1 February 2006 until 31 March 2006, it shall be prohibited to conduct any fishing activity in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply within 6 nautical miles from the baseline.

4.3. By way of derogation from points 4.1. and 4.2. it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that: U.K.

(i)

no fishing gear other than pots and creels are carried on board, and

(ii)

no fish other than shellfish and crustacea are retained on board.

4.4. By way of derogation from points 4.1. and 4.2., 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: U.K.

(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.

5. Closure of an area for sandeel fisheries U.K.

5.1. 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: U.K.

• 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.

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

6. Rockall Haddock box U.K.

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

7. Technical conservation measures in the Irish Sea U.K.

The technical conservation measures referred to in Articles 2, 3 and 4 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) shall temporarily apply in 2006.

8. Use of gillnets in ICES Divisions VIa, b and VIIb, c, j, k and Subarea XII U.K.

8.1. For the purposes of this Annex, ‘Gillnet’ and ‘Entangling net’ means a gear made up of a single piece of net and held vertically in the water by floats and weights. It catches living aquatic resources by entangling or enmeshing. U.K.

8.2. For the purposes of this Annex, ‘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. U.K.

8.3. Community vessels shall not deploy gillnets, entangling nets and trammel nets at any position where the charted depth is greater than 200 metres in: U.K.

(a)

ICES Divisions VIa, b and VII b, c, j, k

(b)

ICES Subarea XII east of 27^o W.

8.4. All nets referred to in points 8.1 and 8.2. shall be removed from the areas referred to in point 8.3. by 1 February 2006. U.K.

[F1 8.5. By way of derogation from points 8.3 and 8.4 vessels targeting hake may deploy gill-nets with a mesh size of 120 mm in the areas concerned at any position where the charted depth is less than 600 metres.] U.K.

Textual Amendments

F1 Inserted by Council Regulation (EC) No 941/2006 of 1 June 2006 amending Regulation (EC) No 51/2006, as concerns blue whiting and herring.

9. Condition for fisheries with certain towed gears authorized in the Bay of Biscay U.K.

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 subareas III, IV, V, VI and VII and ICES Divisions VIII a, b, d, e(2), 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.

10. Fishing effort for deep sea species U.K.

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2006:

10.1. 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. U.K.

10.2. 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. U.K.

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

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

12. CECAF U.K.

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region shall be 450 g (gutted). Octopus under the minimum size of 450 g (gutted) shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

[F2 13. Vessels engaged in illegal, unreported and unregulated fisheries in the North-East Atlantic U.K.

13.1. The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Cooperation in North-East Atlantic Fisheries (the Convention) that have been sighted engaging in fishing activities in the Regulatory Area of the Convention and placed by the North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be undermining the Recommendations established under the Convention. The following measures shall apply to these vessels: U.K.

(a)

vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and any other matter relating to the vessel’s activities in the Regulatory Area of the Convention. Information on the result of the inspections shall immediately be transmitted to the Commission;

(b)

fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State shall not in any way assist the vessels or participate in any transhipment or joint fishing operations with the vessels;

(c)

the vessels shall not be supplied in ports with provisions, fuel or other services.

13.2. Vessels that have been placed by the North-East Atlantic Fisheries Commission NEAFC on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels) are listed in Appendix 4. In addition to the measures referred to in point 13.1 the following measures shall apply to these vessels: U.K.

(a)

IUU vessels shall be prohibited to enter a Community port;

(b)

IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

(c)

imports of fish coming from IUU vessels shall be prohibited;

(d)

Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels.

13.3. The Commission shall amend the list of IUU vessels to be in accordance with the NEAFC IUU list as soon as NEAFC adopts a new IUU list.] U.K.

Textual Amendments

F2 Substituted by Council Regulation (EC) No 1591/2006 of 24 October 2006 amending Regulation (EC) No 51/2006 as regards provisions on vessels engaged in illegal, unreported and unregulated fisheries in the North-East Atlantic.

14. Electric Fishing U.K.

By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical current shall be allowed under conditions to be established by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of advice from STECF.

Part B U.K. Mediterranean

15. Temporary measure for mesh size and fishery activities U.K.

The fisheries currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Regulation (EC) No 1626/94, may temporarily continue their activity in 2006.

16. Dredges and trawl nets in deep-sea fisheries U.K.

The use of towed dredges and trawl nets fisheries at depths beyond 1 000 m shall be prohibited.

17. Establishment of GFCM record of vessels over 15 m U.K.

17.1. Before 1 June 2006 each Member State shall send the Commission, through the accustomed data-processing support, a list of the vessels of more than 15 metres overall length flying its flag and registered in its territory that it authorises to fish in the GFCM area by issue of a fishing permit. U.K.

17.2. The list indicated in paragraph 17.1. shall include the following information: U.K.

(a)

vessel's Community fleet register number, and external marking as defined in Annex I to Regulation (EC) No 26/2004;

(b)

period authorised for fishing and/or transhipment;

(c)

fishing gears used.

17.3. The Commission shall send the list to the GFCM Executive Secretariat before 1 July 2006 so that these vessels can be entered on the GFCM register of vessels more than 15 metres in overall length authorised to fish in the GFCM Agreement area (hereinafter referred to as the ‘GFCM register’). U.K.

17.4. Any change to be made to the list indicated in paragraph 17.1. shall be notified to the Commission for transmission to the GFCM Executive Secretariat, the same procedure applying, at least 10 working days before the vessel begins fishing activity in the GFCM area. U.K.

17.5. Community fishing vessels more than 15 metres in overall length that are not entered on the list indicated in paragraph 17.1. shall not fish, retain on board, tranship or land any type of fish and shellfish within the GFCM area. U.K.

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

(a)

only vessels flying their flag that are included in the list indicated in paragraph 17.1. and hold on board a fishing permit issued by them are authorised, on the terms of the permit, to carry out fishing activities in the GFCM area;

(b)

no fishing permit is issued to vessels that have carried out illegal, unregulated and unreported fishing (IUU fishing) in the GFCM area or elsewhere, unless the new owners provide adequate documentary evidence that the previous owners and operators have no longer any legal, beneficial or financial interest in, or exercise any control over, their vessels, or that their vessels neither take part in nor are associated with IUU fishing;

(c)

to the extent possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list indicated in paragraph 17.1. from taking part in or being associated with fishing activities in the GFCM Agreement area by vessels not on the GFCM register;

(d)

to the extent possible, their national legislation requires owners of vessels flying their flag that are included in the list indicated in paragraph 17.1. to be nationals or legal entities within the flag Member State;

(e)

their vessels comply with all the relevant GFCM conservation and management measures.

17.7. Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of fish and shellfish caught in the GFCM area by vessels more than 15 metres in overall length that are not on the GFCM register. U.K.

17.8. Member States shall without delay pass on to the Commission any information showing that there are strong reasons for suspecting that vessels more than 15 metres in overall length that are not on the GFCM register are fishing for or transhipping fish and shellfish in the GFCM Agreement area. U.K.

Part C U.K. Eastern Pacific Ocean

18. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC) U.K.

18.1. The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares), Bigeye Tuna (Thunnus obesus) and Skipjack Tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 11 September 2006, or, 20 November to 31 December 2006 in the area defined by the following limits: U.K.

• the Pacific coastlines of the Americas,

• longitude 150^o W,

• latitude 40^o N,

• latitude 40^o S.

18.2. The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2006. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected. U.K.

18.3. As of the date of entry into force of this Regulation purse seiners fishing for tuna in the Regulatory Area of the IATTC shall retain on board and then land all bigeye, skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set. U.K.

18.4. Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, billfishes, rays, dorado, and other non-target species. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals. U.K.

19. The following specific measures to encircled or entangled sea turtles shall apply: U.K.

(a)

whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat;

(b)

if a turtle is entangled in the net, net roll should stop as soon as the turtle comes out of the water and should not start again until the turtle has been disentangled and released;

(c)

if a turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle should be made before returning it to the water;

(d)

tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea;

(e)

the release, when practicable, of sea turtles entangled in Fish Aggregating Devices (FADs) and other fishing gear is encouraged;

(f)

the recovery of FADs which are not being used in the fishery is also encouraged.

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

20. Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea U.K.

20.1. By way of derogation from the provisions laid down in Article 6 and Annex IV of Regulation (EC) N^o 973/2001, the minimum size for bluefin tuna in the Mediterranean Sea shall be 10 kg or 80 cm. U.K.

20.2. By way of derogation from the provisions laid down in Article 7(1) of Regulation (EC) No 973/2001, no tolerance limit shall be granted for bluefin tuna fished in the East Atlantic and in the Mediterranean Sea. U.K.

21. Minimum size for bigeye tuna U.K.

By way of derogation from the provisions of Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size of bigeye tuna is abolished.

22. Restrictions on the use of certain types of vessels and gears U.K.

22.1. In order to protect the bigeye stock, in particular juvenile fish, fishing by purse seiners and baitboats shall be prohibited during the period and in the area specified in points (a) and (b) below; U.K.

(a)

the area is the following:

• Southern limit: parallel 0^o South latitude

• Northern limit: parallel 5^o North latitude

• Western limit: meridian 20^o West longitude

• Eastern limit: meridian 10^o West longitude;

(b)

the period covered by the prohibition shall be from 1 November to 30 November of each year.

22.2. By way of derogation from the provisions of Article 3 of Regulation (EC) No 973/2001, Community vessels shall be authorised to fish without restriction on the use of certain types of vessels and gears in the area referred to in Article 3(2) and during the period specified in Article 3(1) of that Regulation. U.K.

23. Measures concerning sport and recreational fishing activities in the Mediterranean Sea U.K.

23.1. Each Member State shall take the necessary measures to forbid the use, within the framework of sport and recreational fishing of towed nets, encircling nets, seine sliding, dredger, gillnets, trammel nets and longline to fish for tuna and tuna-like species, notably bluefin tuna, in the Mediterranean Sea. U.K.

23.2. Each Member State shall ensure that catches of tuna and tuna-like species carried out in the Mediterranean Sea as a result from sport and recreational fishing are not marketed. U.K.

24. Sampling plan for bluefin Tuna U.K.

By way of derogation from the provisions laid down in Article 5a of Regulation (EC) No 973/2001, each Member State shall establish a sampling programme for the estimation of the numbers-at-size of the bluefin tuna caught; this requires notably that size sampling at cages must be done on one sample (= 100 specimen) for every 100 tonnes of live fish. Size sample will be collected during harvesting(3) at the farm, in accordance with the ICCAT methodology for reporting Task II. The sampling should be conducted during any harvesting, covering all cages. Data must be transmitted to ICCAT by 1 May 2006 for the sampling conducted the previous year.

Part E U.K. South-east Atlantic

25. SEAFO U.K.

25.1. All Community vessels operating in the South East Atlantic Fisheries Organisation (SEAFO) Convention Area, and targeting species not subject to the conservation and management regimes of other competent regional fisheries organisations, shall carry qualified scientific observers from 1 January 2006. U.K.

25.2. Member States shall take the necessary steps to appoint scientific observers and ensure that they are placed on board all vessels flying their flag or registered in their territory which are about to undertake fishing activities in the SEAFO Convention Area. Member States shall take the necessary steps to ensure that properly appointed scientific observers remain on board the fishing vessels to which they have been assigned until they are replaced by other scientific observers. U.K.

25.3. The master of a Community vessels operating in the SEAFO Convention Area from 1 January 2006 shall receive the scientific observer and co-operate with him in the performance of his duties during his stay on board. U.K.

25.4. Member States shall send to the SEAFO Secretariat by 1 May each year at the latest a comprehensive report in a format to be defined by the Scientific Committee of SEAFO, assessing the content of the reports of the scientific observers assigned to fishing vessels flying their flag. This report shall be forwarded to the Commission at the same time. U.K.

Appendix 1 to Annex III TOWED GEARS: Skagerrak and KattegatMesh size ranges, target species and required catch percentages applicable to the use of a single mesh size range

a Only within four miles from the baselines.
b Outside four miles from the baselines.
c From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat.
d From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat.
e When applying this mesh size range the codend shall be constructed of square meshed netting with a sorting grid in accordance with Appendix 2 to this Annex.
f The catch retained on board shall consist of no more than 10 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.
g The catch retained on board shall consist of no more than 50 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, herring, mackerel, megrim, whiting, dab, saithe, Norway lobster and lobster.
h The catch retained on board shall consist of no more than 60 % of any mixture of cod, haddock, hake, plaice, witch, lemon sole, sole, turbot, brill, flounder, megrim, whiting, dab, saithe and lobster.
Species	Mesh size range (mm)
	< 16	16-31		32-69		35-69	70-89e	≥ 90
	Minimum percentage of target species
	50 %f	50 %f	20 %f	50 %f	20 %f	20 %g	30 %h	none
Sandeel (Ammodytidae)c	x	x	x	x	X	x	x	x
Sandeel (Ammodytidae)d		x		x	x	x	x	x
Norway pout (Trisopterus esmarkii)		x		x	x	x	x	x
Blue whiting (Micromesistius poutassou)		x		x	x	x	x	x
Greater weever (Trachinus draco)a		x		x	x	x	x	x
Molluscs (except Sepia)a		x		x	x	x	x	x
Garfish (Belone belone)a		x		x	x	x	x	x
Gray gurnard (Eutrigla gurnardus)a		x		x	x	x	x	x
Argentine (Argentina spp.)				x	x	x	x	x
Sprat (Sprattus sprattus)		x		x	x	x	x	x
Eel (Anguilla, anguilla)			x	x	x	x	x	x
Common shrimp/Baltic shrimp (Crangon spp., Palaemon adspersus)b			x	x	x	x	x	x
Mackerel (Scomber spp.)				x			x	x
Horse mackerel (Trachurus spp.)				x			x	x
Herring (Clupea harengus)				x			x	x
Northern shrimp (Pandalus borealis)						x	x	x
Common shrimp/Baltic shrimp (Crangon spp., Palaemon adspersus)a					X		x	x
Whiting (Merlangius merlangus)							x	x
Norway lobster (Nephrops norvegicus)							x	x
All other marine organisms								x

Appendix 2 to Annex III Specifications of the Sorting grid for 70 mm trawl fishery in Skagerrak and Kattegat

a)

The species selective grid shall be attached in trawls with full square mesh codend with a mesh size equal to or larger than 70 mm and smaller than 90 mm. The minimum length of the codend shall be 8 m. It shall be prohibited to use any trawl having more than 100 square meshes in any circumference of the codend, excluding the joining or the selvedges.

b)

The grid shall be rectangular. The bars of the grid shall be parallel to the longitudinal axis of the grid. The bar spacing of the grid shall not exceed 35 mm. It shall be permitted to use one or more hinges in order to facilitate its storage on the net drum.

c)

The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to 10 meters up in the extension piece. All sides of the grid shall be attached to the trawl.

d)

In the upper panel of the trawl there shall be an unblocked fish outlet in immediate connection to the upper side of the grid. The opening of the fish outlet shall have the same width in the posterior side as the width of the grid and shall be cut out to a tip in the anterior direction along mesh bars from both sides of the grid.

e)

It shall be permitted to attach in front of the grid a funnel to lead the fish towards the trawl floor and grid. The minimum mesh size of the funnel shall be 70 mm. The minimum vertical opening of the guiding funnel towards the grid shall be 30 cm. The width of the guiding funnel towards the grid shall be the grid width.

Schematic illustration of a size and species selective trawl. Entering fish is lead towards the trawl floor and grid via a leading funnel. Larger fish is then led out of the trawl by the grid while smaller fish and Norway lobster pass through the grid and enter the codend. The full square mesh codend enhance escapement of small fish and undersized Norway lobster.

Appendix 3 to Annex III Condition for fisheries with certain towed gears authorized in ICES Subareas III, IV, V, VI and VII [X1 and ICES divisions VIII a, b, d, e]

Editorial Information

X1 Substituted by Corrigendum to 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 (Official Journal of the European Union L 16 of 20 January 2006).

Specifications of the top square mesh window U.K.

Specifications of 100 mm, measured as inner opening, square mesh window in the rear tapered section of the trawl, Danish seine or similar gear with a mesh size equal to or larger than 70 mm and smaller than 100 mm.

The window shall be a rectangular section of netting. There shall be only one window. The window shall not be obstructed in any way by either internal or external attachments.

Location of the window U.K.

The window shall be inserted into the middle of the top panel of the rear tapered section of the trawl just in front of the untapered section constituted by the extension piece and the codend.

The window shall terminate not more than 12 meshes from the hand braided row of meshes between the extension piece and the rear tapered section of the trawl.

Size of the window U.K.

The length and the width of the window shall be at least 2 m and at least 1 m respectively.

Netting of the window U.K.

The meshes shall have a minimum mesh opening of 100 mm. The meshes will be square meshes, i.e. all four sides of the window netting shall be cut all bars.

The netting shall be mounted such that the bars run parallel and perpendicular to the longitudinal axis of the codend.

The netting shall be single twine. The twine thickness shall be not more than 4 mm.

Insertion of the window into the diamond meshes netting U.K.

It shall be permitted to attach a selvedge on the four sides of the window. The diameter of this selvedge shall be no more than 12 mm.

The stretched length of the window shall be equal to the strength length of the diamond meshes attached to the longitudinal side of the window.

The number of diamond meshes of the top panel attached to the smallest side of the window (i.e. one metre long side which is perpendicular to the longitudinal axis of the codend) shall be at least the number of full diamond meshes attached to the longitudinal side of the window divided by 0,7.

Other U.K.

The insertion of the window into the trawl is illustrated below.

[F3 Appendix 4 to Annex III

Textual Amendments

F3 Substituted by Commission Regulation (EC) No 1262/2006 of 23 August 2006 amending Council Regulation (EC) No 51/2006 as regards the list of vessels engaged in illegal, unreported and unregulated fisheries in the north-east Atlantic.

List of vessels with the following IMO numbers that have been confirmed by NEAFC as having engaged in illegal, unreported and unregulated fisheries

a International Maritime Organisation.
b Any changes of names and flags and additional information on the vessels are available on the NEAFC website: www.neafc.org]
IMO a ship identification number	Vessel’s name b	Vessel’s name b
6719419	GRAN SOL	Panama
7321374	FONTE NOVA	Panama
7332218	IANNIS I	Panama
7347407	SUNNY JANE	Belize
7385174	MURTOSA	Togo
7700104	BRIZ	Panama
7803255	KERGUELEN	Guinea Conakry
8028424	ICE BAY	Cambodia
8326319	PAVLOVSK	Georgia
8422838	ISABELLA	Georgia
8422852	DOLPHIN	Georgia
8522030	CARMEN	Georgia
8522042	JUANITA	Georgia
8522119	EVA	Georgia
8522169	ROSITA	Georgia
8606836	ULLA	Georgia

(1)

OJ L 41, 13.2.2002, p. 1.

(2)

OJ L 77, 20.3.2002, p. 8.

(3)

For fish farmed more than 1 year, other additional sampling methods should be established.