Council Regulation (EC) No 40/2008Show full title

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

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

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 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.

3. Electric fishing in ices zones IVc and IVb U.K.

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: U.K.

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

• then east to latitude 55° N, longitude 5° E,

• then north to latitude 56° N,

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

3.2. The following measures shall apply in 2008: U.K.

(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 15V;

(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 authorized 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 U.K.

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: U.K.

• the east coast of England at latitude 55°30′N,

• latitude 55°30′N, longitude 1°00′W,

• latitude 58°00′N, longitude 1°00′W,

• latitude 58°00′N, longitude 2°00′W,

• the east coast of Scotland at longitude 2°00′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. U.K.

5. Rockall Haddock box in ices zone VI 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	57°00′N	15°00′W
2	57°00′N	14°00′W
3	56°30′N	14°00′W
4	56°30′N	15°00′W

However, in the part of the areas defined in this point which overlaps with the area defined as North West Rockall in point 13.1 the derogation as regards longlines shall not apply.

6. Restrictions on fishing for cod in ICES zones VI and VII U.K.

6.1. ICES zone VIa U.K.

Until 31 December 2008, 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°05′N, 06°45′W

• 59°30′N, 06°00′W

• 59°40′N, 05°00′W

• 60°00′N, 04°00′W

• 59°30′N, 04°00′W

• 59°05′N, 06°45′W.

6.2. ICES zones VII f and g U.K.

From 1 February 2008 until 31 March 2008, 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.

6.3. By way of derogation from points 6.1. and 6.2. 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.

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: 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.

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

7.1. In the period from 14 February 2008 to 30 April 2008 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: U.K.

• 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, 04° 50′ W,

• 53° 15′ N, 04° 50′ W,

• a point on the east coast of Ireland at 53° 15′ N.

7.2. By way of derogation from point 7.1, within the area and time period referred to therein: U.K.

(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° 30′ N, 05° 30′ W

• 53° 30′ N, 05° 20′ W

• 54° 20′ N, 04° 50′ W

• 54° 30′ N, 05° 10′ W

• 54° 30′ N, 05° 20′ W

• 54° 00′ N, 05° 50′ W

• 54° 00′ N, 06° 10′ W

• 53° 45′ N, 06° 10′ W

• 53° 45′ N, 05° 30′ W

• 53° 30′ N, 05° 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° 45′ N, 06° 00′ W

• 53° 45′ N, 05° 30′ W

• 53° 30′ N, 05° 30′ W

• 53° 30′ N, 06° 00′ W

• 53° 45′ N, 06° 00′ W.

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

8. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII U.K.

8.1. 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. U.K.

8.2. 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. 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 ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII east of 27° W. U.K.

8.4. By way of derogation from point 8.3 it shall be permitted to use the following gear: U.K.

(a)

Gillnets 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

(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.

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

8.5. Only one of the types of gear described in points 8.4.(a) and 8.4.(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). U.K.

8.6. 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° W must hold a special fixed net fishing permit issued by the flag Member State. U.K.

8.7. The master of a vessel with a fixed net permit referred to in point 8.6 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. U.K.

8.8. 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° W in the following situations: U.K.

(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.

8.9. The master of a vessel with a fixed net permit referred to in point 8.6 shall be recorded in the logbook the following information during each fishing trip: U.K.

• 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,

• 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.

8.10. Vessels fishing with a fixed net permit referred to in point 8.6 shall only be permitted to land in the ports designated by the Member States in accordance with Article 7 of Regulation (EC) 2347/2002. U.K.

8.11. The quantity of sharks retained on board by any vessel using the gear type described in point 8.4.(b) shall be no more than 5 % by live-weight of the total quantity of marine organisms retained on board. U.K.

9. Reduction of whiting discards in the North Sea U.K.

9.1. In the North Sea, Member States shall undertake in 2008 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 %. U.K.

9.2. Member States shall make the results of the trials and experiments laid down in point 9.1 available to the Commission no later than 31 August 2008. U.K.

9.3. 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 9.1. U.K.

[F1 9a. Reduction of cod discards in the North Sea U.K.

1. Member States which hold a cod quota shall undertake trials in 2008 on technical measures for towed gears to reduce the proportion, in number, of cod that is discarded to no more than 10 %. U.K.

2. Member States shall make the results of the trials laid down in point 9a.1 available to the Commission before 31 December 2008 .] U.K.

Textual Amendments

F1 Inserted by Council Regulation (EC) No 718/2008 of 24 July 2008 amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and associated conditions for certain fish stocks.

[X1 10. Condition for fisheries with certain towed gears authorised in the Bay of Biscay, ICES zones III, IV, V, VI, VII and VIIIa, b, d, e] U.K.

10.1 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. U.K.

10.2 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 60mm 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 Commission Regulation (EC) No 494/2002 shall not apply as regards the section of the trawl where those selective devices are inserted. U.K.

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 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 19 of 23 January 2008).

11. Restrictions on fishing for roundnose grenadier in ICES zone IIIa U.K.

Notwithstanding Regulation 2015/2006, no directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Community and Norway in early 2008.

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

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2008:

12.1. 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.

12.2. 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.

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

13.1. 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: U.K.

• The Hecate Seamounts:

  • 52° 21.2866′ N, 31° 09.2688′ W

  • 52° 20.8167′ N, 30° 51.5258′ W

  • 52° 12.0777′ N, 30° 54.3824′ W

  • 52° 12.4144′ N, 31° 14.8168′ W

  • 52° 21.2866′ N, 31° 09.2688′ W

• The Faraday Seamounts:

  • 50° 01.7968′ N, 29° 37.8077′ W

  • 49° 59.1490′ N, 29° 29.4580′ W

  • 49° 52.6429′ N, 29° 30.2820′ W

  • 49° 44.3831′ N, 29° 02.8711′ W

  • 49° 44.4186′ N, 28° 52.4340′ W

  • 49° 36.4557′ N, 28° 39.4703′ W

  • 49° 29.9701′ N, 28° 45.0183′ W

  • 49° 49.4197′ N, 29° 42.0923′ W

  • 50° 01.7968′ N, 29° 37.8077′ W

• Part of the Reykjanes Ridge:

  • 55° 04.5327′ N, 36° 49.0135′ W

  • 55° 05.4804′ N, 35° 58.9784′ W

  • 54° 58.9914′ N, 34° 41.3634′ W

  • 54° 41.1841′ N, 34° 00.0514′ W

  • 54° 00.0′N, 34° 00.0′ W

  • 53° 54.6406′ N, 34° 49.9842′ W

  • 53° 58.9668′ N, 36° 39.1260′ W

  • 55° 04.5327′ N, 36° 49.0135′ W

• The Altair Seamounts:

  • 44° 50.4953′ N, 34° 26.9128′ W

  • 44° 47.2611′ N, 33° 48.5158′ W

  • 44° 31.2006′ N, 33° 50.1636′ W

  • 44° 38.0481′ N, 34° 11.9715′ W

  • 44° 38.9470′ N, 34° 27.6819′ W

  • 44° 50.4953′ N, 34° 26.9128′ W

• The Antialtair Seamounts:

  • 43° 43.1307′ N, 22° 44.1174′ W

  • 43° 39.5557′ N, 22° 19.2335′ W

  • 43° 31.2802′ N, 22° 08.7964′ W

  • 43° 27.7335′ N, 22° 14.6192′ W

  • 43° 30.9616′ N, 22° 32.0325′ W

  • 43° 40.6286′ N, 22° 47.0288′ W

  • 43° 43.1307′ N, 22° 44.1174′ W

• [F2 Hatton Bank:

  • 59° 26′ N, 14° 30′ W

  • 59° 12′ N, 15° 08′ W

  • 59° 01′ N, 17° 00′ W

  • 58° 50′ N, 17° 38′ W

  • 58° 30′ N, 17° 52′ W

  • 58° 30′ N, 18° 22′ W

  • 58° 03′ N, 18° 22′ W

  • 58° 03′ N, 17° 30′ W

  • 57° 55′ N, 17° 30′ W

  • 57° 45′ N, 19° 15′ W

  • 58° 30′ N, 18° 45′ W

  • 58° 47′ N, 18° 37′ W

  • 59° 05′ N, 17° 32′ W

  • 59° 16′ N, 17° 20′ W

  • 59° 22′ N, 16° 50′ W

  • 59° 21′ N, 15° 40′ W]

• North West Rockall:

  • 57° 00′ N, 14° 53′ W

  • 57° 37′ N, 14° 42′ W

  • 57° 55′ N, 14° 24′ W

  • 58° 15′ N, 13° 50′ W

  • 57° 57′ N, 13° 09′ W

  • 57° 50′ N, 13° 14′ W

  • 57° 57′ N, 13° 45′ W

  • 57° 49′ N, 14° 06′ W

  • 57° 29′ N, 14° 19′ W

  • 57° 22′ N, 14° 19′ W

  • 57° 00′ N, 14° 34′ W

  • 56° 56′ N, 14° 36′ W

  • 56° 56′ N, 14° 51′ W

• South-West Rockall (Empress of Britain Bank)

  • 56° 24′ N, 15° 37′ W

  • 56° 21′ N, 14° 58′ W

  • 56° 04′ N, 15° 10′ W

  • 55° 51′ N, 15° 37′ W

  • 56° 10′ N, 15° 52′ W

• Logachev Mound:

  • 55°17′ N 16°10′ W

  • 55°33′ N 16°16′ W

  • 55°50′ N 15°15′ W

  • 55°58′ N 15°05′ W

  • 55°54′ N 14°55′ W

  • 55°45′ N 15°12′ W

  • 55°34′ N 15°07′ W

• West Rockall Mound:

  • 57° 20′ N, 16° 30′ W

  • 57° 05′ N, 15° 58′ W

  • 56° 21′ N, 17° 17′ W

  • 56° 40′ N, 17° 50′ W

Textual Amendments

F2 Substituted by Council Regulation (EC) No 718/2008 of 24 July 2008 amending Regulations (EC) No 2015/2006 and (EC) No 40/2008, as regards fishing opportunities and associated conditions for certain fish stocks.

13.2. 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: U.K.

• Belgica Mound Province:

  • 51°29,4′ N; 11°51,6′ W

  • 51°32,4′ N; 11°41,4′ W

  • 51°15,6′ N; 11° 33′ W

  • 51°13,8′ N; 11°44,4′ W

• Hovland Mound Province:

  • 52°16,2′ N; 13°12,6′ W

  • 52° 24′ N; 12°58,2′ W

  • 52°16,8′ N; 12° 54′ W

  • 52°16,8′ N; 12°29,4′ W

  • 52°4,2′ N; 12°29,4′ W

  • 52°4,2′ N; 12°52,8′ W

  • 52° 9′ N; 12°56,4′ W

  • 52° 9′ N; 13°10,8′ W

• North-West Porcupine Bank Area I

  • 53°30,6′ N; 14°32,4′ W

  • 53°35,4′ N; 14°27,6′ W

  • 53°40,8′ N; 14°15,6′ W

  • 53°34,2′ N; 14°11,4′ W

  • 53°31,8′ N; 14°14,4′ W

  • 53° 24′ N; 14°28,8′ W

• North-West Porcupine Bank Area II

  • 53°43,2′ N; 14°10,8′ W

  • 53°51,6′ N; 13°53,4′ W

  • 53°45,6′ N; 13°49,8′ W

  • 53°36,6′ N; 14°7,2′ W

• South-West Porcupine Bank:

  • 51°54,6′ N; 15°7,2′ W

  • 51°54,6′ N; 14°55,2′ W

  • 51° 42′ N; 14°55,2′ W

  • 51° 42′ N; 15°10,2′ W

  • 51°49,2′ N; 15° 6′ W

13.3 All Pelagic Vessels fishing in the protected areas for corals set out in point 13.2 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 Commission 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. U.K.

13.4. Pelagic vessels intending to fish in a protected area for corals as set out in point 13.2 must give 4 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. U.K.

13.5. Pelagic vessels fishing in a protected area for corals as set out in point 13.2 must have an operational, fully functioning secure VMS which complies fully with Regulation (EC) No 2244/2003 when in a protected area for corals. U.K.

13.6. Pelagic vessels fishing in a protected area for corals as set out in point 13.2 must make VMS reports every hour. U.K.

13.7. Pelagic vessels who have concluded fishing in a protected area for corals as set out in point 13.2 must inform the Irish FMC on departure from the area. They shall at the same time notify quantities retained on board. U.K.

13.8. Fishing for pelagic species in a protected area for corals as set out in point 13.2 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. U.K.

14. Minimum size of Short-necked clam U.K.

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.

(1)

OJ L 41, 13.2.2002, p. 1.

(2)

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).

(3)

OJ L 77, 20.3.2002, p. 8.