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Council Regulation(EC) No 41/2007 of 21 December 2006 fixing for 2007 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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for herring in ICES zones I, II, IIIa, IV, Vb, VI and VII;
for mackerel and horse mackerel in ICES zones IIa, IIIa, IV, VI and VII.
the port he intends to enter, the name of the vessel and its registration number;
the estimated time of arrival at that port;
the quantities in kilograms live weight by species retained on board;
the management area in accordance with Annex I where the catch was taken.
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 %.
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
approval is given by the competent authorities at the place of landing to transport the fish subject to the following provisions:
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;
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.
the party weighing the fish shall keep a paginated weighing logbook indicating:
the name and registration number of the vessel from which the fish has been landed,
the identity number of the tankers in cases where fish has been transported from the port of landing before weighing,
the species of fish,
the weight of each landing,
the date and time of the beginning and end of the weighing;
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);
the weighing logbook and the copies of written declarations provided for in point 1.7.1.(b)(ii) shall be kept for three years.
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.
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,
quantities by species recorded in the vessel's logbook and the quantities recorded in the landing declaration,
quantities by species recorded on the landing declaration and the quantities recorded in the take-over declaration or the sales note.
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);
in addition to the cross checks referred to in point 1.12 cross verification between the following:
quantities by species recorded in the weighing logbook and the quantities by species recorded in the take-over declaration or the sales note;
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);
identity numbers of tankers that appear in the written declarations provided for in point 1.7.1 (b) (i) and the weighing logbooks;
if the discharge is interrupted, permission shall be required before the discharge can recommence;
verification that the vessel is empty of all fish, once the discharge has been completed.
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.
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.
a point on the east coast of the United Kingdom at latitude 55o N,
then east to latitude 55o N, longitude 5o E,
then north to latitude 56o N,
and finally east to a point on the west coast of Denmark at latitude 56o N.
no more than 5 % of the beam trawler fleet by Member State shall be allowed to use the electric pulse trawl;
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;
the effective voltage between the electrodes shall be no more than 15 V;
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 authorized person to modify this automatic computer management system;
It shall be prohibited to use one or more tickler chains in front of the footrope.
the east coast of England at latitude 55o30'N,
latitude 55o30'N, longitude 1o00'W,
latitude 58o00'N, longitude 1o00'W,
latitude 58o00'N, longitude o00'W,
the east coast of Scotland at longitude 2o00'W.
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 |
Until 31 December 2007, 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:
59o05'N, 06o45'W
59o30'N, 06o00'W
59o40'N, 05o00'W
60o00'N, 04o00'W
59o30'N, 04o00'W
59o05'N, 06o45'W.
From 1 February 2007 until 31 March 2007, 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.
no fishing gear other than pots and creels are carried on board, and
no fish other than shellfish and crustacea are retained on board.
no net of mesh size greater than or equal to 55 mm is carried on board, and
no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.
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° 30′ N;
54° 30′ N, 4° 50′ W;
53° 15′ N, 4° 50′ W;
a point at the east coast of Ireland at 53° 15′ N.]
Textual Amendments
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:
are of mesh size either 70 mm to 79 mm or 80 mm to 99 mm, and
are of only one of the permitted mesh size ranges, and
incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than 300 mm, and
are deployed only within an area enclosed by sequentially joining with rhumb lines the following coordinates:
53o 30' N, 05o 30' W
53o 30' N, 05o 20' W
54o 20' N, 04o 50' W
54o 30' N, 05o 10' W
54o 30' N, 05o 20' W
54o 00' N, 05o 50' W
54o 00' N, 06o 10' W
53o 45' N, 06o 10' W
53o 45' N, 05o 30' W
53o 30' N, 05o 30' W;
the use of separator trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:
comply with the conditions laid down in subparagraph (a), and
[X1are constructed in conformity with the technical details provided in the Annex to 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 (division CIE VIIa).]
Editorial Information
X1 Substituted by Corrigendum to the Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 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 15 of 20 January 2007).
Furthermore, separator trawls may also be used within an area enclosed by rhumb lines sequentially joining the following coordinates:
53o 45' N, 06o 00'' W
53o 45' N, 05o 30' W
53o 30' N, 05o 30' W
53o 30' N, 06o 00' W
53o 45' N, 06o 00' W.
[F2Gill nets with a mesh size equal to or greater than 120 mm and less than 150 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 5 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]
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 flotation. 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.
Textual Amendments
However, this derogation shall not apply in the NEAFC Regulatory area.]
the gear is not properly marked;
[X1the 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;]
the gear is deployed in waters with a charted depth greater than that permitted;
the gear is of an illegal mesh size.
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.
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.
By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2007:
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:
52o 21.2866' N, 31o 09.2688' W
52o 20.8167' N, 30o 51.5258' W
52o 12.0777' N, 30o 54.3824' W
52o 12.4144' N, 31o 14.8168' W
52o 21.2866' N, 31o 09.2688' W
The Faraday Seamounts:
50o 01.7968' N, 29o 37.8077' W
49o 59.1490' N, 29o 29.4580' W
49o 52.6429' N, 29o 30.2820' W
49o 44.3831' N, 29o 02.8711' W
49o 44.4186' N, 28o 52.4340' W
49o 36.4557' N, 28o 39.4703' W
49o 29.9701' N, 28o 45.0183' W
49o 49.4197' N, 29o 42.0923' W
50o 01.7968' N, 29o 37.8077' W
Part of the Reykjanes Ridge:
55o 04.5327' N, 36o 49.0135' W
55o 05.4804' N, 35o 58.9784' W
54o 58.9914' N, 34o 41.3634' W
54o 41.1841' N, 34o 00.0514' W
54o 00.0'N, 34o 00.0' W
53o 54.6406' N, 34o 49.9842' W
53o 58.9668' N, 36o 39.1260' W
55o 04.5327' N, 36o 49.0135' W
The Altair Seamounts:
44o 50.4953' N, 34o 26.9128' W
44o 47.2611' N, 33o 48.5158' W
44o 31.2006' N, 33o 50.1636' W
44o 38.0481' N, 34o 11.9715' W
44o 38.9470' N, 34o 27.6819' W
44o 50.4953' N, 34o 26.9128' W
The Antialtair Seamounts:
43o 43.1307' N, 22o 44.1174' W
43o 39.5557' N, 22o 19.2335' W
43o 31.2802' N, 22o 08.7964' W
43o 27.7335' N, 22o 14.6192' W
43o 30.9616' N, 22o 32.0325' W
43o 40.6286' N, 22o 47.0288' W
43o 43.1307' N, 22o 44.1174' W
Hatton Bank:
59o 26' N, 14o 30' W
59o 12' N, 15o 08' W
59o 01' N, 17o 00' W
58o 50' N, 17o 38' W
58o 30' N, 17o 52' W
58o 30' N, 18o 45' W
58o 47' N, 18o 37' W
59o 05' N, 17o 32' W
59o 16' N, 17o 20' W
59o 22' N, 16o 50' W
59o 21' N, 15o 40' W
North West Rockall:
57o 00' N, 14o 53' W
57o 37' N, 14o 42' W
57o 55' N, 14o 24' W
58o 15' N, 13o 50' W
57o 57' N, 13o 09' W
57o 50' N, 13o 14' W
57o 57' N, 13o 45' W
57o 49' N, 14o 06' W
57o 29' N, 14o 19' W
57o 22' N, 14o 19' W
57o 00' N, 14o 34' W
Logachev Mound:
55o 17' N, 16o 10' W
55o 34' N, 15o 07' W
55o 50' N, 15o 15' W
55o 33' N, 16o 16' W
West Rockall Mound:
57o 20' N, 16o 30' W
57o 05' N, 15o 58' W
56o 21' N, 17o 17' W
56o 40' N, 17o 50' W
By way of derogation from Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size of bigeye tuna shall not apply.
the area is the following:
Southern limit: parallel 0o South latitude
Northern limit: parallel 5o North latitude
Western limit: meridian 20o West longitude
Eastern limit: meridian 10o West longitude;
the period covered by the prohibition shall be from 1 November to 30 November of each year.
By way of derogation from 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(6) 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 2007 for the sampling conducted the previous year.
The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF (FAO Fishery Committee for the Eastern Central Atlantic) 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.
the Pacific coastlines of the Americas,
longitude 150o W,
latitude 40o N,
latitude 40o S.
In the Eastern, Western and Central Pacific Ocean 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.
In the Eastern, Western and Central Pacific Ocean the following specific measures shall apply:
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;
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;
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;
tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea;
the release, when practicable, of sea turtles entangled in Fish Aggregating Devices (FADs) and other fishing gear is encouraged;
the recovery of FADs which are not being used in the fishery is also encouraged.
a When applying this mesh size range the codend shall be constructed of square meshed netting with a sorting grid in accordance with Appendix 2. | ||||||||
b 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. | ||||||||
c 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. | ||||||||
d 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. | ||||||||
e From 1 March to 31 October in Skagerrak and from 1 March to 31 July in Kattegat. | ||||||||
f From 1 November to the last day of February in Skagerrak and from 1 August to the last day of February in Kattegat. | ||||||||
g Only within four miles from the baselines. | ||||||||
h Outside four miles from the baselines. | ||||||||
Species | Mesh size range (mm) | |||||||
---|---|---|---|---|---|---|---|---|
<16 | 16-31 | 32-69 | 35-69 | 70-89a | ≥90 | |||
Minimum percentage of target species | ||||||||
50 %b | 50 %b | 20 %b | 50 %b | 20 %b | 20 %c | 30 %d | none | |
Sandeel (Ammodytidae)e | x | x | x | x | x | x | x | x |
Sandeel (Ammodytidae)f | 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)g | x | x | x | x | x | x | ||
Molluscs (except Sepia)g | x | x | x | x | x | x | ||
Garfish (Belone belone)g | x | x | x | x | x | x | ||
Gray gurnard (Eutrigla gurnardus)g | 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)h | 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)g | x | x | x | |||||
Whiting (Merlangius merlangus) | x | x | ||||||
Norway lobster (Nephrops norvegicus) | x | x | ||||||
All other marine organisms | x |
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.
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.
The grid shall be mounted diagonally in the trawl, upwards backwards, anywhere from just in front of the codend to the anterior end of the untapered section. All sides of the grid shall be attached to the trawl.
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.
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 15 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.
Specifications of the top square mesh window
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
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
The length and the width of the window shall be at least 2 m and at least 1 m respectively.
Netting of the window
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
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
The insertion of the window into the trawl is illustrated below.
OJ L 56, 2.3.2005, p. 8. Regulation as amended by Regulation (EC) No 1805/2005 (OJ L 290, 4.11.2005, p. 12).
See footnote 1 in Annex ID concerning bluefin tuna.
For fish farmed more than 1 year, other additional sampling methods should be established.
Date of entry into force of this Regulation.
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