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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
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1.In order to protect the dolphinfish (Coryphaena hippurus), in particular small fish, the dolphinfish fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January 2008 to 14 August of 2008, in all geographical sub-areas of the GFCM Agreement area as determined in Resolution GFCM/31/2007/2 set out in Annex XIV.
2.By way of derogation from paragraph 1, if a Member State can demonstrate that due to bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. Member States wishing to benefit from this carry over shall before 1 January 2009 submit to the Commission an application for the additional number of days on which a vessel will be authorised to fish dolphinfish by using FADs during the prohibition period from 1 January 2009 until 31 January 2009. Such an application shall be accompanied by the following information:
(a)a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information;
(b)name of the vessel;
(c)registration number;
(d)external identification letters and numbers as defined in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register(1).
The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.
3.Before 1 November 2008 Member States shall send the Commission a report on the implementation of the measures referred to in paragraph 2 for the year 2007.
4.Member States shall report to the Commission by 15 January 2009 the total landings and transhipments of dolphinfish carried out in 2008 by the fishing vessels flying their flag in all geographical sub-areas of the GFCM Agreement area as determined in Resolution GFCM/31/2007/2 as set out in Annex XIV.
The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.
OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26).
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