Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing... (32009R0043)
Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 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)
- No 43/2009
- of 16 January 2009
- fixing for 2009 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
- Artclie 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
- FISHING AUTHORISATIONS OF COMMUNITY VESSELS
- Article 20
- Fishing authorisations and associated conditions
- Article 21
- Faroe Islands
- CHAPTER V
- FISHING AUTHORISATIONS OF THIRD-COUNTRY FISHING VESSELS
- Article 22
- Obligation to have a fishing authorisation
- Article 23
- Application for a fishing authorisation
- Article 24
- Number of fishing authorisations
- Article 25
- Cancellation
- Article 26
- Obligations of the holder of the fishing authorisation
- Article 27
- Specific provisions concerning the Department of French Guyana
- CHAPTER VI
- SPECIAL PROVISIONS FOR FISHING IN THE GFCM AREA
- SECTION 1
- Conservation measures
- Article 28
- Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)
- Article 29
- Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats
- Article 30
- Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries in the Mediterranean Sea
- SECTION 2
- Reporting of statistical matrixes
- Article 31
- Transmission of data
- CHAPTER VII
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA
- Article 32
- Catch reporting
- Article 33
- Additional control measures
- CHAPTER VIII
- SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FISH FROZEN AFTER BEING CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA
- Article 34
- Port State control
- Article 35
- Designated ports
- Article 36
- Prior notice of entry into port
- Article 37
- Authorisation to land or tranship
- Article 38
- Inspections
- Article 39
- Inspection reports
- CHAPTER IX
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA
- SECTION 1
- Restrictions and vessel information requirements
- Article 40
- Prohibitions and catch limitations
- SECTION 2
- Exploratory fisheries
- Article 41
- Rules of conduct for exploratory fisheries
- Article 42
- Participation in exploratory fisheries
- Article 43
- Reporting systems
- Article 44
- Definition of hauls
- Article 45
- Research plans
- Article 46
- Data collection plans
- Article 47
- Tagging programme
- Article 48
- Scientific observers
- Article 49
- Notifications of intent to participate in a krill fishery during the 2009/2010 fishing season
- Article 50
- Precautionary catch limitations on krill fishery for certain sub areas
- Article 51
- Data Reporting System for krill fisheries
- Article 52
- Interim prohibition of deep-sea gillnetting
- Article 53
- Minimisation of the incidental mortality of seabirds
- Article 54
- Closure of all fisheries
- CHAPTER X
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA
- SECTION 1
- Authorisation of vessels
- Article 55
- Authorisation of vessels
- Article 56
- Obligations for authorised vessels
- Article 57
- Unauthorised vessels
- SECTION 2
- Transhipments
- Article 58
- Prohibition of transhipments at sea
- Article 59
- In-port Transhipments
- SECTION 3
- Conservation measures for the management of vulnerable deep-water habitats and ecosystems
- Article 60
- Closed areas
- Article 61
- Resumption of fishing in a closed area
- SECTION 4
- Measures on reducing incidental by-catch of seabirds
- Article 62
- Information on interactions with seabirds
- Article 63
- Mitigation measures
- SECTION 5
- Technical measures
- Article 64
- Measures for the protection of deep water sharks
- SECTION 6
- Control
- Article 65
- Special Provisions for Patagonian Toothfish
- (Dissostichus eleginoides)
- Article 66
- Special Provisions for Deep-sea Red Crab
- (Chaceon spp.)
- Article 67
- Special Provisions for Alfonsino
- (Beryx spp.)
- Article 68
- Special Provisions for Orange Roughy
- (Hoplostethus atlanticus)
- Article 69
- Communication of vessel movements and catches
- Article 70
- Scientific observation and collection of information to support stock assessment
- Article 71
- Sightings of non-Contracting Party vessels
- SECTION 7
- Protection of Vulnerable Marine Ecosystems
- Article 72
- Use of terms
- Article 73
- Identification of existing bottom fishing areas
- Article 74
- Bottom fishing activities in new bottom fishing areas
- Article 75
- Assessment of bottom fishing activities in new and existing areas
- Article 76
- Scientific Observers
- Article 77
- VME encounters
- CHAPTER XI
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA
- Article 78
- Reduction of sea-birds by-catch
- Article 79
- Limitation of fishing capacity of vessels fishing for tropical tunas
- Article 80
- Limitation of fishing capacity of vessels fishing for swordfish and albacore
- CHAPTER XII
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA
- Article 81
- Pelagic fisheries — Capacity limitation
- Article 82
- Bottom fisheries
- Article 83
- Data collection and sharing
- CHAPTER XIII
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE WCPFC AREA
- Article 84
- Fishing effort limitations
- Article 85
- Closed area for FAD fishing
- Article 86
- Management plans for the use of FADs
- Article 87
- Maximum number of vessels fishing for swordfish
- CHAPTER XIV
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE ICCAT AREA
- Article 88
- Reduction of sea-birds by-catch
- Article 89
- Establishment of a closed area/fishing season of the swordfish fisheries in Mediterranean Sea
- Article 90
- Minimum size for Atlantic swordfish
- Article 91
- Sharks
- Article 92
- Closed fishing season for bluefin tuna
- Article 93
- Recreational and sport fisheries for bluefin tuna
- CHAPTER XV
- ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES
- Article 94
- North Atlantic
- CHAPTER XVI
- SPECIAL PROVISIONS FOR COMMUNITY VESSELS IN THE HIGH SEAS OF THE BERING SEA
- Article 95
- Prohibition to fish in the High Seas of the Bering Sea
- CHAPTER XVII
- FINAL PROVISIONS
- Article 96
- Data transmission
- Article 97
- 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 and 1
- 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 IG
- SOUTHERN BLUEFIN TUNA — ALL AREAS
- 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 ZONES IIa AND Vb
- GENERAL PROVISIONS
- 1. Scope
- 2. Definitions
- 3. Geographical areas
- 4. Regulated gears
- 5. Calculation of fishing effort
- FISHING EFFORT LIMITATIONS
- 6 Maximum allowable fishing effort
- 7. Variation in maximum allowable fishing effort as referred to in point 6.1
- 8. Allocation of fishing effort
- 9. General rule
- 10. Notification of fishing gear
- 11. Exemptions
- MONITORING OF FISHING EFFORT DEPLOYMENT
- 12. Management of effort consumption
- 13. Fishing effort messages
- REPORTING OBLIGATIONS
- 14. Collection of relevant data
- 15. Communication of relevant data
- Appendix 1 to Annex IIa
- Maximum allowable fishing effort in kilowatt days
- Appendix 2 to Annex IIa
- Table II
- Reporting format
- Table III
- Data format
- 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
- REPORTING OBLIGATIONS
- 24. Collection of relevant data
- 25. 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
- 5a. Cod selectivity in the North Sea and Skagerrak
- 5b. Prohibition of high grading in the North Sea and Skagerrak
- 5c. Real time closures in the North Sea, Skagerrak and Eastern Channel
- 5d. Cod selectivity in Eastern Channel
- 6. Restrictions on fishing for cod, haddock and whiting in ICES zones VI and restriction on fishing for cod in ICES zone 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 inshore static nets fixed with stakes, scallop dredges, mussel dredges, draft nets and beach seines, 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:
- 6.5. By way of derogation from point 6.1, it shall be permitted to fish for nephrops provided that:
- 6.6. By way of derogation from point 6.1, it shall be permitted to fish with trawls, demersal seines or similar gears provided that:
- 6.7. Observer coverage in ICES zone VIa
- 6.8. Experiments to reduce catches of whitefish when fishing for nephrops
- 7. Special rules for the protection of blue ling in Zone VIa
- 8. Technical conservation measures in the Irish Sea
- 9. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k, VIII, IX, X and XII
- 10. Reduction of whiting discards in the North Sea
- 11. Reduction of cod discards in the North Sea
- 12. Condition for fisheries with certain towed gears authorised in the Bay of Biscay.
- 13. Restrictions on fishing for roundnose grenadier in ICES zone IIIa
- 14. Fishing effort for deep sea species
- 15. Interim measures for the protection of vulnerable deep-sea habitats
- 16. Minimum size of Short-necked clam
- 17. Condition for certain creel fisheries in zone IXa (West Galicia)
- 18. Conditions for fishing for herring in zone VIa (Butt of Lewis)
- PART B
- All EC waters
- 19. Conditions regarding the release of common skate, undulate ray, white skate and angel shark
- PART C
- Eastern Central Atlantic
- 20. Minimum size for octopus
- PART D
- Eastern Pacific Ocean
- 21. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)
- PART E
- Eastern Pacific Ocean and Western and Central Pacific Ocean
- 22. Special measures for the Eastern, Western and Central Pacific Ocean
- 23. Specific measures applying to encircled or entangled sea turtles
- PART F
- North East Atlantic
- 24. 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 authorised in the Bay of Biscay
- Appendix 4 to Annex III
- Specifications of the large mesh trawl
- Appendix 5 to Annex III
- Appendix 6 to Annex III
- Square mesh window for vessels of less than 15 metres
- 1. Specifications of the top square mesh window
- 2. Location of the window
- 3. Insertion of the window into the diamond meshes netting
- ANNEX IV
- PART I
- Quantitative limitations of fishing authorisations for Community vessels fishing in third-country waters
- PART II
- Quantitative limitations of fishing authorisations for third-country fishing vessels in Community waters
- PART III
- Declaration pursuant to Article 25(2)
- ANNEX V
- LOGBOOK TO BE KEPT BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS
- PART I
- Information to be recorded in the logbook
- PART II
- ANNEX VI
- INFORMATION TO BE TRANSMITTED TO THE COMMISSION BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS
- 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
- ANNEX 1
- Map of GFCM Geographical Sub-Areas (GSAs)
- ANNEX 2
- ANNEX 3
- Geographical coordinates GFCM Geographical Sub-Areas (GSAs)
- ANNEX VIII
- GFCM Task 1 — Operational Units
- ANNEX IX
- PART I
- Port State control forms
- PART II
- A. INSPECTION REFERENCE.
- B. INSPECTION DETAILS
- B 1. catch recorded in the logbook
- B 2. fish landed or transhipped(10)
- B 3. information about landings authorised without confirmation from the flag state
- B 4. fish retained on board
- C. RESULTS OF INSPECTION
- C1. GENERAL
- C2. GEAR INSPECTION IN PORT (For NEAFO only)
- B.
- Otter Trawl details
- D. OBSERVATIONS BY THE MASTER
- E. INFRINGEMENTS AND FOLLOW-UP
- F. DISTRIBUTION
- Appendix to Annex IX
- Products and packing
- A. Product form codes
- B. Type of packing
- ANNEX X
- PROHIBITION OF DIRECTED FISHING IN CCAMLR AREA
- ANNEX XI
- CATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2008/09
- ANNEX XII
- NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR
- EUPHAUSIA SUPERBA
- ANNEX XIII
- Net configuration and use of fishing techniques
- Net Panel length and mesh size
- Provide diagram of each net configuration used
- Use of multiple fishing techniques(1): Yes No
- Presence of marine mammal exclusion device(2): Yes No
- Provide explanation of fishing techniques, gear configuration and characteristics and fishing patterns:
- ANNEX XIV
- 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 XV
- Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic
- Appendix to Annex XV
- 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
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