(a) in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;

(b) where the fish is unfit for human consumption for reasons other than size; or

Article 39

Limitations to the number of Union fishing vessels authorised to fish swordfish

The maximum number of Union fishing vessels authorised to fish for swordfish (

Xiphias gladius

) in areas south of 20° S of the WCPFC Convention Area shall be as set out in Annex VII.

Article 40

Silky sharks and oceanic whitetip sharks

1. Retaining on board, transhipping, storing or landing any part or whole carcass of the following species in the WCPFC Convention Area shall be prohibited:

(a) silky sharks (

Carcharhinus falciformis

(b) oceanic whitetip sharks (

Carcharhinus longimanus

)

2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.

Article 41

Overlap area between IATTC and WCPFC

1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles in this Section when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(r).

2. Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 33(1)(a) and (2) to (4) and Article 34 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(r).

Section 8

Bering Sea

Article 42

Prohibition on fishing in the high seas of the Bering Sea

Fishing for pollock (

Theragra chalcogramma

) in the high seas of the Bering Sea shall be prohibited.

TITLE III

FISHING OPPORTUNITIES FOR THIRD-COUNTRY VESSELS IN UNION WATERS

Article 43

TACs

Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Union waters within the TACs set out in Annex I to this Regulation and shall be subject to the conditions provided for in this Regulation and Chapter III of Regulation (EC) No 1006/2008.