Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing... (32008R0040)
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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
- COUNCIL REGULATION (EC) N
- o 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
- CHAPTER I
- SCOPE AND DEFINITIONS
- Article 1
- Subject matter
- Article 2
- Scope
- Article 3
- Definitions
- Article 4
- Fishing zones
- CHAPTER II
- FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS
- Article 5
- Catch limits and allocations
- Article 6
- Prohibited species
- Article 7
- Special provisions on allocations
- Article 8
- Fishing effort limits and associated conditions for the management of stocks
- Article 9
- Conditions for landing catches and by-catches
- Article 10
- Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa
- Article 11
- Access limits
- Article 12
- Determination of mesh size and twine thickness
- Article 13
- Transitional technical and control measures
- CHAPTER III
- CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS
- Article 14
- Authorisation
- Article 15
- Prohibited species
- Article 16
- Geographical restrictions
- Article 17
- Transit through Community waters
- Article 18
- Conditions for landing catches and by-catches
- Article 19
- Transitional technical and control measures
- CHAPTER IV
- LICENSING ARRANGEMENTS FOR COMMUNITY VESSELS
- Article 20
- Licences and associated conditions
- Article 21
- Faroe Islands
- CHAPTER V
- LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS
- Article 22
- Obligation to have a licence and a special fishing permit
- Article 23
- Application for a licence and special fishing permit
- Article 24
- Number of licences
- Article 25
- Cancellation and withdrawal
- Article 26
- Failure to comply with relevant rules
- Article 27
- Obligations of the licence holder
- Article 28
- Specific provisions concerning the Department of French Guyana
- CHAPTER VI
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE MEDITERRANEAN SEA
- Article 29
- Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)
- Article 30
- Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats
- Article 31
- Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries
- CHAPTER VII
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA
- Article 32
- Catch reporting
- Article 33
- Additional control measures
- Article 34
- Coral protection zone
- CHAPTER VIII
- SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FROZEN FISH CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA
- Article 35
- Port State control
- Article 36
- Designated ports
- Article 37
- Prior notice of entry into port
- Article 38
- Authorisation to land or tranship
- Article 39
- Inspections
- Article 40
- Inspection reports
- CHAPTER IX
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA
- SECTION 1
- Restrictions and vessel information requirements
- Article 41
- Prohibitions and catch limitations
- SECTION 2
- Exploratory fisheries
- Article 42
- Rules of conduct for exploratory fisheries
- Article 43
- Participation in exploratory fisheries
- Article 44
- Reporting systems
- Article 45
- Definition of hauls
- Article 46
- Research plans
- Article 47
- Data collection plans
- Article 48
- Tagging programme
- Article 49
- Scientific observers
- Article 50
- Notifications of intent to participate in a krill fishery
- Article 51
- Precautionary catch limitations on krill fishery for certain sub areas
- Article 52
- Data Reporting System for krill fisheries
- Article 53
- Certain limits on the exploratory fishery for
- Dissostichus
- spp.
- Article 54
- Interim prohibition of deep-sea gillnetting
- Article 55
- Minimisation of the incidental mortality of seabirds
- Article 56
- Closure of all fisheries
- CHAPTER X
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA
- SECTION 1
- Authorisation of vessels
- Article 57
- Authorisation of vessels
- Article 58
- Obligations for authorised vessels
- Article 59
- Unauthorised vessels
- SECTION 2
- Transhipments
- Article 60
- Prohibition of transhipments at sea
- Article 61
- In-port Transhipments
- SECTION 3
- Conservation measures for the management of vulnerable deep-water habitats and ecosystems
- Article 62
- Closed areas
- Article 63
- Resumption of fishing in a closed area
- SECTION 4
- Measures on reducing incidental by-catch of seabirds
- Article 64
- Information on interactions with seabirds
- Article 65
- Mitigation measures
- SECTION 5
- Control
- Article 66
- Special Provisions for Patagonian Toothfish (
- Dissostichus eleginoides
- )
- Article 67
- Special Provisions for Deep-sea Red Crab (
- Chaceon
- spp)
- Article 68
- Communication of vessel movements and catches
- Article 69
- Scientific observation and collection of information to support stock assessment
- Article 70
- Sightings of non-Contracting Party vessels
- CHAPTER XI
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA
- Article 71
- Reduction of sea-birds by-catch
- Article 72
- Limitation of fishing capacity of vessels fishing for tropical tunas
- Article 73
- Limitation of fishing capacity of vessels fishing for swordfish and albacore
- CHAPTER XII
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA
- Article 74
- Pelagic fisheries — Capacity limitation
- Article 75
- Bottom fisheries
- Article 76
- Data collection and sharing
- CHAPTER XIII
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE WCPFC AREA
- Article 77
- Fishing effort limitations
- Article 78
- Management plans for the use of FADs
- Article 79
- Maximum number of vessels fishing for swordfish
- CHAPTER XIV
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE ICCAT AREA
- Article 80
- Reduction of sea-birds by-catch
- Article 81
- Establishment of a closed area/season for the swordfish fisheries in Mediterranean Sea
- Article 82
- Sharks
- CHAPTER XV
- ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES
- Article 83
- North Atlantic
- CHAPTER XVI
- FINAL PROVISIONS
- Article 84
- Data transmission
- Article 85
- Entry into force
- ANNEX I
- CATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD COUNTRIES' FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)
- ANNEX IA
- SKAGERRAK, KATTEGAT, ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EC waters of CECAF, French Guyana waters
- ANNEX IB
- NORTH EAST ATLANTIC AND GREENLAND
- ICES zones I, II, V, XII, XIV and Greenland waters of NAFO 0 and1
- ANNEX IC
- NORTH WEST ATLANTIC
- Area of NAFO
- ANNEX ID
- HIGHLY MIGRATORY FISH — All areas
- ANNEX IE
- ANTARCTIC
- Area of CCAMLR
- ANNEX IF
- SOUTH-EAST ATLANTIC OCEAN
- Area of SEAFO
- ANNEX II
- ANNEX IIA
- FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId AND EC WATERS OF ICES ZONE IIa
- GENERAL PROVISIONS
- 1. Scope
- 2. Definitions of geographical areas
- 3. Definition of day present within an area
- 4. Fishing gears
- IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
- 5. Vessels concerned by fishing effort limitations
- 6. Limitations in activity
- 7. Exceptions
- NUMBER OF DAYS ABSENT FROM PORT ALLOCATED TO FISHING VESSELS
- 8. Maximum number of days
- 9. Management periods
- 10. Allocation of additional days for permanent cessation of fishing activities
- 11. Amendment of the number of days at sea in case of inconsistencies in the fishing opportunities on plaice and sole in geographical area 2.1(b)
- 12. Allocation of additional days for enhanced observer coverage
- 13. Special conditions for the allocation of days
- EXCHANGES OF FISHING EFFORT ALLOCATIONS
- 15. Transfer of days between fishing vessels flying the flag of a member state
- 16. Transfer of days between fishing vessels flying the flag of different Member States
- USE OF FISHING GEAR
- 17. Notification of fishing gear
- 18. Use of more than one grouping of fishing gear
- 19. Combined use of regulated and unregulated fishing gear
- 20. Prohibition of carrying on board more than one regulated fishing gear
- NON-FISHING RELATED ACTIVITIES AND TRANSIT
- 21. Non-fishing related activities
- 22. Transit
- MONITORING, INSPECTION AND SURVEILLANCE
- 23. Fishing effort messages
- VESSEL MONITORING SYSTEMS OBLIGATIONS
- 24. Recording of relevant data
- 25. Cross-checks
- REPORTING OBLIGATIONS
- 26. Collection of relevant data
- 27. Communication of relevant data
- Appendix 1 to Annex IIA
- Appendix 2 to Annex IIA
- Appendix 3 to Annex IIA
- ANNEX IIB
- FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN SOUTHERN HAKE AND NORWAY LOBSTER STOCKS IN ICES ZONES VIIIc AND IXa EXCLUDING THE GULF OF CADIZ
- 1. Scope
- 2. Definition of day present within the area
- 3. Fishing gear
- IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
- 4. Vessels concerned by fishing effort limitations
- 5. Limitations in activity
- 6. Exceptions
- NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS
- 7. Maximum number of days
- 8. Management periods
- 9. Allocation of additional days for permanent cessation of fishing activities
- 10. Allocation of additional days for enhanced observer coverage
- 11. Special conditions for the allocation of days
- EXCHANGES OF FISHING EFFORT ALLOCATIONS
- 12. Transfer of days between vessels flying the flag of a member state
- 13. Transfer of days between fishing vessels flying the flag of different member states
- USE OF FISHING GEAR
- 14. Notification of fishing gear
- 15. Combined used of regulated and unregulated fishing gear
- TRANSIT
- 16. Transit
- MONITORING, INSPECTION AND SURVEILLANCE
- 17. Fishing effort messages
- 18. Recording of relevant data
- 19. Cross-checks
- REPORTING OBLIGATIONS
- 20. Collection of relevant data
- 21. Communication of relevant data
- ANNEX IIC
- FISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe
- GENERAL PROVISIONS
- 1. Scope
- 2. Definition of day present with the area
- 3. Fishing gear
- IMPLEMENTATION OF FISHING EFFORT LIMITATIONS
- 4. Vessels concerned by fishing effort limitations
- 5. Limitations in activity
- 6. Exceptions
- NUMBER OF DAYS PRESENT WITHIN THE AREA ALLOCATED TO FISHING VESSELS
- 7. Maximum number of days
- 8. Management periods
- 9. Allocation of additional days for permanent cessations of fishing activities
- 10. Allocation of additional days for enhanced observer coverage
- EXCHANGES OF FISHING EFFORT ALLOCATIONS
- 11. Transfer of days between fishing vessels flying the flag of a Member State
- 12. Transfer of days between fishing vessels flying the flag of different Member States
- USE OF FISHING GEAR
- 13. Notification of fishing gear
- 14. Non-fishing related activities
- TRANSIT
- 15. Transit
- MONITORING, INSPECTION AND SURVEILLANCE
- 16. Fishing effort messages
- 17. Recording of relevant data
- 18. Cross-checks
- 19. Alternative control measures
- 20. Prior notification of transhipments and landings
- 21. Margin of tolerance in the estimation of quantities reported in the logbook
- 22. Separate stowage
- 23. Weighing
- 24. Transport
- 25. Specific monitoring programme
- REPORTING OBLIGATIONS
- 26. Collection of relevant data
- 27. Communication of relevant data
- ANNEX IID
- FISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIa AND IV AND IN EC WATERS OF ICES ZONE IIa
- ANNEX III
- TRANSITIONAL TECHNICAL AND CONTROL MEASURES
- Part A
- North Atlantic including the North Sea, Skagerrak and Kattegat
- 1. Fishing for Herring in EC waters of ICES zone IIa
- 2. Technical conservation measures in the Skagerrak and in the Kattegat
- 3. Electric fishing in ices zones IVc and IVb
- 4. Closure of an area for sandeel fisheries in ices zone IV
- 5. Rockall Haddock box in ices zone VI
- 6. Restrictions on fishing for cod in ICES zones VI and VII
- 6.1. ICES zone VIa
- 6.2. ICES zones VII f and g
- 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:
- 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:
- 7. Technical conservation measures in the Irish Sea
- 8. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k and XII
- 9. Reduction of whiting discards in the North Sea
- 10. Condition for fisheries with certain towed gears authorized in the Bay of Biscay
- 11. Restrictions on fishing for roundnose grenadier in ICES zone IIIa
- 12. Fishing effort for deep sea species
- 13. Interim measures for the protection of vulnerable deep-sea habitats
- 14. Minimum size of Short-necked clam
- Part B
- Eastern Central Atlantic
- 15. Minimum size for octopus
- 16. Condition for certain creel fisheries in zone IXa (West Galicia)
- 17. Conditions for fishing for herring in zone VIa (Butt of Lewis)
- Part C
- Eastern Pacific Ocean
- 18. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)
- Part D
- Eastern Pacific Ocean and Western and Central Pacific Ocean
- 19. Special measures for the Eastern, Western and Central Pacific Ocean
- 20. Specific measures applying to encircled or entangled sea turtles
- Part E
- North East Atlantic
- 21. Special measures for the redfish fishery in international waters of ICES zones I and II
- Appendix 1 to Annex III
- TOWED GEARS: Skagerrak and Kattegat
- Appendix 2 to Annex III
- Specifications for the Sorting grid for 70 mm trawl fishery
- Appendix 3 to Annex III
- Condition for fisheries with certain towed gears authorized in ICES zones III, IV, V, VI, VII and VIII a, b, d, e
- ANNEX IV
- PART I
- Quantitative limitations of licences and fishing permits for Community vessels fishing in third country waters
- PART II
- Quantitative limitations of licences and fishing permits for third-country fishing vessels in Community waters
- PART III
- Declaration pursuant to Article 25(2)
- ANNEX V
- PART I
- Information to be recorded in the logbook
- PART II
- ANNEX VI
- CONTENT AND MODALITIES OF THE TRANSMISSION OF INFORMATION TO THE COMMISSION
- 1. The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows:
- 2. Form of the communication
- 3. Communication scheme
- 4. Name of the radio station
- 5. Code to be used to indicate the species
- 6. Codes to be used to indicate the relevant area.
- ANNEX VII
- CLOSED AREA IN NAFO DIVISION 3O
- ANNEX VIII
- PART I
- Port State control forms
- PART II
- A. INSPECTION REFERENCE
- B. INSPECTION DETAILS
- B1. Fish landed or transhipped
- B2. Information about landings authorised without confirmation from the flag state
- B3. Fish retained on board
- C. RESULTS OF INSPECTION
- D. OBSERVATIONS BY THE MASTER
- E. DISTRIBUTION
- Appendix to Annex VIII
- Products and packing
- A. Product form codes
- B. Type of packing
- ANNEX IX
- PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA
- ANNEX X
- CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2007/08
- ANNEX XI
- NOTIFICATION OF INTENT TO PART ICIPATE IN A FISHERY FOR
- EUPHAUSIA SUPERBA
- ANNEX XII
- PART I
- SEAFO transhipment declaration
- TRANSHIPMENT DECLARATION
- (1) General rule
- (2) Procedure for completion
- (3) Responsibilities of the master in respect of the landing declaration and the transhipment declaration
- (4) Information to be provided
- (5) Procedure of transmission
- PART II
- Guidelines for Design and Deployment of Tori Lines
- 2. Tori Line Design
- 3. Deployment of Tori Lines
- ANNEX XIII
- Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic
- Appendix to Annex XIII
- List of vessels with the following IMO numbers that have been confirmed by NEAFC and NAFO as having engaged in illegal, unreported and unregulated fisheries
- ANNEX XIV
- RESOLUTION GFCM 31/2007/2
- ESTABLISHMENT OF GEOGRAPHICAL SUB-AREAS IN THE GFCM AREA
- ANNEX 1
- Map of GFCM Geographical Sub-Areas (GSAs)
- ANNEX 2
- ANNEX 3
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