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

CHAPTER VI U.K. SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA

Article 29 U.K. Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)

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.

Article 30 U.K. Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats

1. Fishing with towed dredges and bottom trawl nets shall be prohibited in the areas bounded by lines joining the following coordinates:

[F1 (a) Deep Sea fisheries restricted area ‘ Lophelia reef off Capo Santa Maria di Leuca ’

• [F1 (a) 39° 27,72′ N, 18° 10,74′ E

• 39° 27,80′ N, 18° 26,68′ E

• 39° 11,16′ N, 18° 32,58′ E

• 39° 11,16′ N, 18° 04,28′ E]

(b) Deep Sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’

• (b) 31° 30.00′ N, 33° 10.00′ E

• 31° 30.00′ N, 34° 00.00′ E

• 32° 00.00′ N, 34° 00.00′ E

• 32° 00.00′ N, 33° 10.00′ E

(c) Deep Sea fisheries restricted area ‘The Eratosthemes Seamount’

• (c) 33° 00.00′ N, 32° 00.00′ E

• 33° 00.00′ N, 33° 00.00′ E

• 34° 00.00′ N, 33° 00.00′ E

• 34° 00.00′ N, 32° 00.00′ E

2. Member States shall take the measures necessary for the protection of the deep-sea sensitive habitats in the areas referred to in paragraph 1 and in particular shall ensure that these areas are protected from the impacts of any other activity than fishing activity jeopardizing the conservation of the features that characterize these particular habitats.

Textual Amendments

F1 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.

Article 31 U.K. Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries

1. By way of derogation from Article 8(1)(h) and from point (2) of Article 9(3) of Regulation (EC) No 1967/2006, Member States may continue to authorize fishing vessels flying their flag the use of codend mesh size smaller than 40 mm diamond to operate in certain local and seasonal demersal trawl fisheries exploiting fish stocks that are not shared with third countries.

2. Paragraph 1 shall apply only to fishing activities already formally authorized by Member States in accordance with national law in force on 1 January 2007 and shall not involve any future increase in fishing effort with respect to the year 2006.

3. Member States shall by 15 January 2008 through the accustomed data-processing support submit to the Commission the list of vessels authorised in accordance with paragraph 1. The list of authorised vessels shall include the following information:

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

(b) the authorized fishery(ies) carried out by each vessel defined in terms of target stock(s), the fishing area as determined in Resolution GFCM/31/2007/2 as set out in Annex XIV and the technical mesh size characteristics of the fishing gear deployed;

(c) the authorised fishing period.

4. The Commission shall forward the information obtained from the Member States to the GFCM Executive Secretariat.

(1)

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).