Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 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

Type Regulation
Publication 2004-12-22
Last updated 2005-11-29
State In force
Department Council of the European Union
Source EUR-Lex
articles 56
Reform history JSON API
II, Vb north of 62° N (Faroese waters) (HER/*25B-F)
Belgium 3
Denmark 2 580
Germany 452
Spain 9
France 111
Ireland 668
Netherlands 924
Poland 131
Portugal 9
Finland 40
Sweden 956
United Kingdom 1 650
Species: Cod Gadus morhua Zone: I, II (Norwegian waters)COD/1N2AB.
--- ---
Germany 2 356
Greece 292
Spain 2 628
Ireland 292
France 2 163
Portugal 2 628
United Kingdom 9 140
EC 19 499
TAC 471 000
Species: Cod Gadus morhua Zone: NAFO 0, 1 (incl.V, XIV (Greenland waters))COD/N01514
--- ---
Germany 0 (1)
United Kingdom 0 (1)
EC 0 (1)
TAC 0
(1)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Cod Gadus morhua Zone: I, II bCOD/1/2B.
--- ---
Germany 3 116
Spain 8 056
France 1 330
Poland 1 460
Portugal 1 701
United Kingdom 1 995
All Member States 100 (1)
EC 17 757 (2)
TAC 471 000
(1)Except Germany, Spain, France, Poland, Portugal and the United Kingdom. (2)The allocation of the share of the cod stock available to the Community in the zone Spitzbergen and Bear Island is entirely without prejudice to the rights and obligations deriving from the 1920 Treaty of Paris.
Species: Cod and haddock Gadus morhua and Melanogrammus aeglefinus Zone: Vb (Faroese waters)C/H/05B-F.
--- ---
Germany 10
France 60
United Kingdom 430
EC 500
TAC Not relevant
Species: Atlantic halibut Hippoglossus hippoglossus Zone: V, XIV (Greenland waters)HAL/514GRN
--- ---
Portugal 800 (3)
EC 1 000 (1) (2) (3)
TAC Not relevant
(1)Of which 200 tonnes to be fished only with long lines, are allocated to Norway. (2)If by-catches of Atlantic halibut in trawl cod and redfish fisheries imply over-runs of this quota, the Greenland authorities will provide solutions to the effect that Community cod and redfish fisheries can nevertheless continue until the respective quotas have been exhausted. (3)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Atlantic halibut Hippoglossus hippoglossus Zone: NAFO 0, 1 (Greenland waters)HAL/N01GRN
--- ---
EC 200 (1) (2) (3)
TAC Not relevant
(1)Of which 200 tonnes, to be fished only with long lines, are allocated to Norway. (2)If by-catches of Atlantic halibut in trawl cod and redfish fisheries imply over-runs of this quota, the Greenland authorities will provide solutions to the effect that Community cod and redfish fisheries can nevertheless continue until the respective quotas have been exhausted. (3)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Capelin Mallotus villosus Zone: IIbCAP/02B.
--- ---
EC 0
TAC 0
Species: Capelin Mallotus villosus Zone: V, XIV (Greenland waters)CAP/514GRN
--- ---
All Member States 0
EC 50 050 (1) (2)
TAC Not relevant
(1) Of which 45 930 tonnes are allocated to Iceland. (2)To be fished before 30 April 2005.
Species: Haddock Melanogrammus aeglefinus Zone: I, II (Norwegian waters)HAD/1N2AB.
--- ---
Germany 484
France 291
United Kingdom 1 485
EC 2 260
TAC Not relevant
Species: Blue whiting Micromesistius poutassou Zone: I, II (international waters)WHB/1/2INT
--- ---
EC 70 000
TAC Not relevant
Species: Blue whiting Micromesistius poutassou Zone: I, II (Norwegian waters)WHB/1/2-N.
--- ---
Germany 500
France 500
EC 1 000
TAC Not relevant
Species: Blue whiting Micromesistius poutassou Zone: Vb (Faroese waters)WHB/05B-F.
--- ---
Denmark 7 040
Germany 480
France 768
The Netherlands 672
United Kingdom 7 040
EC 16 000
TAC Not relevant
Species: Ling and Blue Ling Molva molva and Molva dypterigia Zone: Vb (Faroese waters)B/L/05B-F.
--- ---
Germany 950 (1)
France 2 106 (1)
United Kingdom 184 (1)
EC 3 240 (1)
TAC Not relevant
(1)By-catches up to 1 080 tonnes of roundnose grenadier and black scabbard fish to be counted against this quota.
Species: Northern prawn Pandalus borealis Zone: V, XIV (Greenland waters)PRA/514GRN
--- ---
Denmark 887 (2)
France 887 (2)
EC 5 675 (1) (2)
TAC Not relevant
(1)Of which 2 750 tonnes are allocated to Norway and 1 150 tonnes to Faroe Islands. (2)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Northern prawn Pandalus borealis Zone: NAFO 0, 1 (Greenland waters)PRA/N01GRN
--- ---
Denmark 2 000 (1)
France 2 000 (1)
EC 4 000 (1)
TAC Not relevant
(1)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Saithe Pollachius virens Zone: I, II (Norwegian waters)POK/1N2AB.
--- ---
Germany 2 880
France 463
United Kingdom 257
EC 3 600
TAC Not relevant
Species: Saithe Pollachius virens Zone: I, II (International waters)POK/1/2INT
--- ---
EC 0
TAC Not relevant
Species: Saithe Pollachius virens Zone: Vb (Faroese waters)POK/05B-F.
--- ---
Belgium 50
Germany 310
France 1 510
The Netherlands 50
United Kingdom 580
EC 2 500
TAC Not relevant
Species: Greenland halibut Reinhardtius hippoglossoides Zone: I, II (Norwegian waters)GHL/1N2AB.
--- ---
Germany 50
United Kingdom 50
EC 100
TAC Not relevant
Species: Greenland halibut Reinhardtius hippoglossoides Zone: I, II (International waters)GHL/1/2INT
--- ---
EC 0
TAC Not relevant
Species: Greenland halibut Reinhardtius hippoglossoides Zone: V, XIV (Greenland waters)GHL/514GRN
--- ---
Germany 5 154 (2)
United Kingdom 271 (2)
EC 6 300 (1) (2)
TAC Not relevant
(1)Of which 800 tonnes are allocated to Norway and 75 tonnes are allocated to the Faroe Islands. (2)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Greenland halibut Reinhardtius hippoglossoides Zone: NAFO 0, 1 (Greenland waters)GHL/N01GRN
--- ---
Germany 550 (2)
EC 1 500 (1) (2)
TAC Not relevant
(1)Of which 800 tonnes are allocated to Norway and 150 tonnes are allocated to the Faroe Islands. (2)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Mackerel Scomber scombrus Zone: IIa (Norwegian waters)MAC/02A-N.
--- ---
Denmark 8 500 (1)
EC 8 500 (1)
TAC Not relevant
(1)May also be fished in sub-area IV (Norwegian waters) and in Division IIa (non-EC waters)(MAC/*4N-2A).
Species: Mackerel Scomber scombrus Zone: Vb (Faroese waters)MAC/05B-F.
--- ---
Denmark 2 763 (1)
EC 2 763
TAC Not relevant
(1)May be fished in IVa (EC waters)(MAC/*04A-C).
Species: Redfish Sebastes spp. Zone: V, XII, XIV (1) (2)RED/51214.
--- ---
Estonia 344 (2)
Germany 6 986 (2)
Spain 1 227 (2)
France 652 (2)
Ireland 2 (2)
Latvia 562 (2)
Lithuania 3 625 (2)
The Netherlands 3 (2)
Poland 629 (2)
Portugal 1 466 (2)
United Kingdom 17 (2)
EC 15 513 (2)
TAC Not relevant
(1)EC waters and international waters. (2)May be taken in the NAFO Regulatory Area Sub-area 2, Divisions IF and 3K but shall be counted against the quota for V, XII, XIV within a total quota of 25 000 tonnes (RED/*N1F3K).
Species: Redfish Sebastes spp. Zone: I, II (Norwegian waters)RED/1N2AB.
--- ---
Germany 766 (1)
Spain 95 (1)
France 84 (1)
Portugal 405 (1)
United Kingdom 150 (1)
EC 1 500 (1)
TAC Not relevant
(1)Only as by-catch.
Species: Redfish Sebastes spp. Zone: V, XIV (Greenland waters)RED/514GRN
--- ---
Germany 11 794 (4)
France 60 (4)
United Kingdom 84 (4)
EC 15 938 (1) (2) (3) (4)
TAC Not relevant
(1) May be fished by pelagic trawl. Catches from the bottom trawl fishery and the pelagic trawl fishery shall be reported separately. May be fished East or West. (2)3 500 tonnes to be fished with pelagic trawl are allocated to Norway. (3) 500 tonnes are allocated to the Faroe Islands. Catches from the bottom trawl and pelagic trawl fisheries shall be reported separately. (4)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Redfish Sebastes spp. Zone: Va (Icelandic waters)RED/05A-IS
--- ---
Belgium 100 (1) (2)
Germany 1 690 (1) (2)
France 50 (1) (2)
United Kingdom 1 160 (1) (2)
EC 3 000 (1) (2)
TAC Not relevant
(1) Including unavoidable by-catches (cod not allowed). (2)To be fished between July and December.
Species: Redfish Sebastes spp. Zone: Vb (Faroese waters)RED/05B-F.
--- ---
Belgium 29
Germany 3 679
France 249
United Kingdom 43
EC 4 000
TAC Not relevant
Species: By-catches Zone: NAFO 0, 1 (Greenland waters)XBC/N01GRN
--- ---
EC 2 000 (1) (2)
TAC Not relevant
(1)Refers to the combined by-catch of cod, catfish, skate, ling and tusk. The by-catch quantities of cod shall not exceed 100 tonnes. May be fished in the East or in West. (2)Provisional quota, pending the conclusions of fisheries consultations with Denmark (on behalf of the Faroe Islands and Greenland) for 2005.
Species: Other species (1) Zone: I, II (Norwegian waters)OTH/1N2AB.
--- ---
Germany 150 (1)
France 60 (1)
United Kingdom 240 (1)
EC 450 (1)
TAC Not relevant
(1)Only as by-catch.
Species: Other species (1) Zone: Vb (Faroese waters)OTH/05B-F.
--- ---
Germany 305
France 275
United Kingdom 180
EC 760
TAC Not relevant
(1)Excluding fish species of no commercial value.
Species: Flatfish Zone: Vb (Faroese waters)FLX/05B-F.
--- ---
Germany 108
France 84
United Kingdom 408
EC 600
TAC Not relevant

ANNEX ID

All TACs and associate conditions are adopted in the framework of NAFO.

Species: Cod Gadus morhua Zone: NAFO 2J3KLCOD/N2J3KL
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Cod Gadus morhua Zone: NAFO 3NOCOD/N3NO.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Cod Gadus morhua Zone: NAFO 3MCOD/N3M.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Witch flounder Glyptocephalus cynoglossus Zone: NAFO 2J3KLWIT/N2J3KL
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Witch flounder Glyptocephalus cynoglossus Zone: NAFO 3NOWIT/N3NO.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: American plaice Hippoglossoides platessoides Zone: NAFO 3MPLA/N3M.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: American plaice Hippoglossoides platessoides Zone: NAFO 3LNOPLA/N3LNO.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Short fin squid Illex illecebrosus Zone: NAFO sub-zones 3 and 4SQI/N34.
--- --- ---
Estonia 128 (2)
Latvia 128 (2)
Lithuania 128 (2)
Poland 227 (2)
EC Not relevant (1) (2)
TAC 34 000 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
(1)No specified Community share, an amount of 29 467 tonnes is available to Canada and the EC Member States except Estonia, Latvia, Lithuania and Poland. (2)To be fished between 1 July and 31 December.
Species: Yellowtail flounder Limanda ferruginea Zone: NAFO 3LNOYEL/N3LNO.
--- --- ---
Estonia
Latvia
Lithuania
Poland
EC 0 (1) (2)
TAC 15 000
(1)Despite having access to a shared quota of 76 tonnes for the Community, it is decided to set this amount to 0. There will be no directed fishing on this species, which will be caught only as by-catches within the rules set out in Article 28. (2)Catches taken by vessels under this quota shall be reported to the Flag Member State and forwarded to the Executive Secretary of NAFO via the Commission at 48 hour intervals.
Species: Capelin Mallotus villosus Zone: NAFO 3NOCAP/N3NO.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Northern prawn Pandalus borealis Zone: NAFO 3L (1)PRA/N3L.
--- --- ---
Estonia 144 (2)
Latvia 144 (2)
Lithuania 144 (2)
Poland 144 (2)
EC 144 (2) (3)
TAC 13 000 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
(1)Not including the box bounded by the following coordinates: Point No Latitude N Longitude W 1 47°20′0 46°40′0 2 47°20′0 46°30′0 3 46°00′0 46°30′0 4 46°00′0 46°40′0 (2)To be fished from 1 January to 31 March, 1 July to 14 September and 1 December to 31 December. (3)All Member States except Estonia, Latvia, Lithuania and Poland.
Point No Latitude N Longitude W
1 47°20′0 46°40′0
2 47°20′0 46°30′0
3 46°00′0 46°30′0
4 46°00′0 46°40′0
Species: Northern prawn Pandalus borealis Zone: NAFO 3M (1)PRA/N3M.
--- --- ---
TAC (2)
(1)Vessels may also fish this stock in Division 3L in the box bounded by the following coordinates: Point No Latitude N Longitude W 1 47°20′0 46°40′0 2 47°20′0 46°30′0 3 46°00′0 46°30′0 4 46°00′0 46°40′0 Point No Latitude N Longitude W 1 47°55′0 45°00′0 2 47°30′0 44°15′0 3 46°55′0 44°15′0 4 46°35′0 44°30′0 5 46°35′0 45°40′0 6 47°30′0 45°40′0 7 47°55′0 45°00′0 (2)Not relevant. Fishery managed by limitations in fishing effort. The Member States concerned shall issue special fishing permits for their fishing vessels engaging in this fishery, and shall notify those permits to the Commission prior to the commencement of the vessel's activity, in accordance with Regulation (EC) No 1627/94. By way of derogation from Article 8 of that Regulation, permits will only become valid if the Commission has not objected within five working days following the notification. Member State Maximum number of vessels Maximum number of fishing days Denmark 2 131 Estonia 8 1 667 Spain 10 257 Latvia 4 490 Lithuania 7 579 Poland 1 100 Portugal 1 69
Point No Latitude N Longitude W
1 47°20′0 46°40′0
2 47°20′0 46°30′0
3 46°00′0 46°30′0
4 46°00′0 46°40′0
Point No Latitude N Longitude W
1 47°55′0 45°00′0
2 47°30′0 44°15′0
3 46°55′0 44°15′0
4 46°35′0 44°30′0
5 46°35′0 45°40′0
6 47°30′0 45°40′0
7 47°55′0 45°00′0
Member State Maximum number of vessels Maximum number of fishing days
Denmark 2 131
Estonia 8 1 667
Spain 10 257
Latvia 4 490
Lithuania 7 579
Poland 1 100
Portugal 1 69
Species: Greenland halibut Reinhardtius hippoglossoides Zone: NAFO 3LMNOGHL/N3LMNO
--- --- ---
Estonia 380
Germany 388
Latvia 54
Lithuania 27
Spain 5 208
Portugal 2 197
EC 8 254
TAC 14 079 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
Species: Skates Rajidae Zone: NAFO 3LNOSRX/N3LNO.
--- --- ---
Spain 6 561
Portugal 1 274
Estonia 546
Lithuania 119
EC 8 500
TAC 13 500 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
Species: Redfish Sebastes spp. Zone: NAFO 3LNRED/N3LN.
--- --- ---
EC 0 (1)
TAC 0 (1)
(1)There will be no direct fishing on this species, which will be caught only as by-catch within the rules set out in Article 28.
Species: Redfish Sebastes spp. Zone: NAFO 3MRED/N3M.
--- --- ---
Estonia 1 571 (1)
Germany 513 (1)
Spain 233 (1)
Latvia 1 571 (1)
Lithuania 1 571 (1)
Portugal 2 354 (1)
EC 7 813 (1)
TAC 5 000 (1) Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
(1)This quota is subject to compliance with the TAC of 5 000 tonnes established for this stock. Upon exhaustion of the TAC, the directed fishery for this stock shall be stopped irrespective of the level of catches.
Species: Redfish Sebastes spp. Zone: NAFO 3ORED/N3O.
--- --- ---
Spain 1 771
Portugal 5 229
EC 7 000
TAC 20 000 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
Species: White hake Urophycis tenuis Zone: NAFO 3NOHKW/N3NO
--- --- ---
Spain 2 165
Portugal 2 835
EC 5 000
TAC 8 500 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.

ANNEX IE

TACS in this area are adopted in the framework of international fisheries organisations on tuna fisheries, such as ICCAT and IATTC.

Species: Bluefin tuna Thunnus thynnus Zone: Atlantic Ocean, east of longitude 45° W, and MediterraneanBFT/AE045W
Cyprus (1)
Greece 323,4
Spain 6 276,7
France 6 192,7
Italy 4 888
Malta (1)
Portugal 590,2
All Member States 60 (2)
EC 18 331
TAC 32 000 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
(1)Cyprus and Malta may fish under the ICCAT ‘Others’ quota in accordance with the ICCAT Compliance Tables adopted at 2003 ICCAT Annual Meeting. (2)Except Cyprus, Greece, Spain, France, Italy, Malta and Portugal, and only as by-catch.
Species: Swordfish Xiphias gladius Zone: Atlantic Ocean, north of latitude 5° NSWO/AN05N
--- --- ---
Spain 6 541,5
Portugal 1 010,4
All Member States 148,5 (1)
EC 7 700,4
TAC 14 000 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
(1)Except Spain and Portugal, and only as by-catch.
Species: Swordfish Xiphias gladius Zone: Atlantic Ocean, south of latitude 5° NSWO/AS05N
--- --- ---
Spain 6 595,6
Portugal 371,1
EC 6 966,7
TAC 15 956 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
Species: Northern Albacore Germo alalunga Zone: Atlantic Ocean, north of latitude 5° NALB/AN05N
--- --- ---
Ireland 5 723,3 (1) (3)
Spain 31 383 (1) (3)
France 8 217 (1) (3)
United Kingdom 600,7 (1) (3)
Portugal 4 129,5 (1) (3)
EC 50 053,5 (1) (2)
TAC 34 500 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
(1)It is prohibited to use any gill net, bottom set gill net, trammel net and entangling net. (2)The number of Community fishing vessels fishing for Northern Albacore as a target species is fixed to pm vessels in accordance with Article 10 (1) of Regulation (EC) No 973/2001. (3)The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for Northern Albacore as a target species in accordance with Article 10 (4) of Regulation (EC) No 973/2001: Member State Maximum number of vessels Ireland 50 Spain 730 France 151 United Kingdom 12 Portugal 310 EC 1 253
Member State Maximum number of vessels
Ireland 50
Spain 730
France 151
United Kingdom 12
Portugal 310
EC 1 253
Species: Southern Albacore Germo alalunga Zone: Atlantic Ocean, south of latitude 5° NALB/AS05N
--- --- ---
Spain 943,7
France 311
Portugal 660
EC 1 914,7
TAC 30 915 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
Species: Bigeye Tuna Thunnus obesus Zone: Atlantic OceanBET/ATLANT
--- --- ---
Spain 21 526,4
France 9 438
Portugal 13 511
EC 44 475,4
TAC 90 000 Articles 3 and 4 of Regulation (EC) No 847/96 do not apply.
Species: Blue marlin Makaira nigricans Zone: Atlantic OceanBUM/ATLANT
--- --- ---
EC 103
TAC Not relevant
Species: White marlin Tetrapturus alba Zone: Atlantic OceanWHM/ATLANT
--- --- ---
EC 46,5
TAC Not relevant

ANNEX IF

These TACs, adopted by CCAMLR, are not allocated to the members of CCAMLR and hence the Community share is undetermined. Catches are monitored by the Secretariat of CCAMLR, who will communicate when fishing must cease due to TAC exhaustion.

Species: Blackfin icefish Chaenocephalus aceratus Zone: FAO 48.3 AntarcticSSI/F483.
TAC 2 200 (1)
(1)TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed.
Species: Unicorn icefish Channichthys rhinoceratus Zone: FAO 58.5.2 AntarcticLIC/F5852.
--- --- ---
TAC 150 (1)
(1)TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed.
Species: Antarctic icefish Champsocephalus gunnari Zone: FAO 48.3 AntarcticANI/F483.
--- --- ---
TAC 3 574 (1)
(1)This TAC is applicable for the period 15 November 2004 to 14 November 2005. Fishing for this stock during the period 1 March to 31 May 2005 shall be limited to 894 tonnes.
Species: Antarctic icefish Champsocephalus gunnari Zone: FAO 58.5.2 Antarctic (2)ANI/F5852.
--- --- ---
TAC 1 864 (1)
(1)This TAC shall be applicable for the period 1 December 2004 to 30 November 2005. (2)For the purpose of this TAC, the area open to the fishery is defined as that portion of FAO statistical division 58.5.2 that lies within the area enclosed by a line:(a) starting at the point where the meridian of longitude 72°15′E intersects the Australia–France Maritime Delimitation Agreement Boundary then south along the meridian to its intersection with the parallel of latitude 53°25′S; (b) then east along that parallel to its intersection with the meridian of longitude 74°E; (c) then northeasterly along the geodesic to the intersection of the parallel of latitude 52°40′S and the meridian of longitude 76°E; (d) then north along the meridian to its intersection with the parallel of latitude 52°S; (e) then northwesterly along the geodesic to the intersection of the parallel of latitude 51°S with the meridian of longitude 74°30′E; and (f) then southwesterly along the geodesic to the point of commencement.
Species: Antarctic toothfish Dissostichus eleginoides Zone: FAO 48.3 AntarcticTOP/F483.
--- --- ---
TAC 3 050 (1) (2)
(1)This TAC shall be applicable for long-line fishery in the period 1 May to 31 August 2005 and for pot fishery 1 December 2004 to 30 November 2005. (2)Including 152 tonnes of skates and rays and 152 tonnes of Macrorus spp. as by-catch.Special conditions:Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the sub-areas specified: Management Area A: 48°W to 43°30′W – 52°30′S to 56°S (TOP/F483A) 0 Management Area B: 43°30′W to 40°W – 52°30′S to 56°S (TOP/F483B) 915 Management Area C: 40°W to 33°30′W – 52°30′S to 56°S (TOP/*F483C) 2 135
Management Area A: 48°W to 43°30′W – 52°30′S to 56°S (TOP/*F483A) 0
Management Area B: 43°30′W to 40°W – 52°30′S to 56°S (TOP/*F483B) 915
Management Area C: 40°W to 33°30′W – 52°30′S to 56°S (TOP/*F483C) 2 135
Species: Antarctic toothfish Dissostichus eleginoides Zone: FAO 48.4 AntarcticTOP/F484.
--- --- ---
TAC 28 (1) (2)
(1)To be fished only with long-lines. (2)This TAC shall be applicable during a fishing season defined as that applied in Sub-area 48.3, or until the catch limit for Dissostichus eleginoides in Sub-area 48.4 is reached, or until the catch limit for Dissostichus eleginoides in Sub-area 48.3, as specified above, is reached, whichever is sooner.
Species: Antarctic toothfish Dissostichus eleginoides Zone: FAO 58.5.2 AntarcticTOP/F5852.
--- --- ---
TAC 2 787 (1) (2)
(1)This TAC shall be applicable for the trawl fishery in the period 1 December 2004 to 30 November 2005 and for the long-line fishery in the period 1 May to 31 August 2005. (2)This TAC is applicable for West of 79°20′E only. Fishing east of this meridian within this zone is prohibited (see Annex XV).
Species: Krill Euphausia superba Zone: FAO 48KRI/F48.
--- --- ---
TAC 4 000 000 (1)
(1)This TAC shall be applicable for the period 1 December 2004 to 30 November 2005.Special conditions:Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the sub-areas specified: Sub-area 48.1 (KRI/F481.) 1 008 000 Sub-area 48.2 (KRI/F482.) 1 104 000 Sub-area 48.3 (KRI/F483.) 1 056 000 Sub-area 48.4 (KRI/F484.) 832 000
Sub-area 48.1 (KRI/*F481.) 1 008 000
Sub-area 48.2 (KRI/*F482.) 1 104 000
Sub-area 48.3 (KRI/*F483.) 1 056 000
Sub-area 48.4 (KRI/*F484.) 832 000
Species: Krill Euphausia superba Zone: FAO 58.4.1 AntarcticKRI/F5841.
--- --- ---
TAC 440 000 ()
(1)This TAC shall be applicable for the period 1 December 2004 to 30 November 2005.Special conditions:Within the limits of the abovementioned quota, no more than the quantities given below may be taken in the areas specified Division 58.4.1 West of 115° E (KRI/F-41W) 277 000 Division 58.4.1 East of 115° E (KRI/F-41E) 163 000
Division 58.4.1 West of 115° E (KRI/*F-41W) 277 000
Division 58.4.1 East of 115° E (KRI/*F-41E) 163 000
Species: Krill Euphausia superba Zone: FAO 58.4.2 AntarcticKRI/F5842.
--- --- ---
TAC 450 000 (1)
(1)This TAC shall be applicable for the period 1 December 2004 to 30 November 2005.
Species: Humped rockcod Gobionotothen gibberifrons Zone: FAO 48.3 AntarcticNOG/F483.
--- --- ---
TAC 1 470 (1)
(1)TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed.
Species: Grey rockcod Lepidonotothen squamifrons Zone: FAO 48.3 AntarcticNOS/F483.
--- --- ---
TAC 300 (1)
(1)TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed.
Species: Grey rockcod Lepidonotothen squamifrons Zone: FAO 58.5.2 AntarcticNOS/F5852.
--- --- ---
TAC 80 (1)
(1)TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed.
Species: Marbled rockcod Notothenia rossii Zone: FAO 48.3 AntarcticNOR/F483.
--- --- ---
TAC 300 (1)
(1)TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed.
Species: Crab Paralomis spp. Zone: FAO 48.3 AntarcticPAI/F483.
--- --- ---
TAC 1 600 (1)
(1)This TAC shall be applicable for the period 1 December 2004 to 30 November 2005.
Species: South Georgia icefish Pseudochaenichthus georgianus Zone: FAO 48.3 AntarcticSGI/F483.
--- --- ---
TAC 300 (1)
(1)TAC to cover by-catches in any directed fishery. Wherever this by-catch TAC is exhausted, the directed fishery shall be closed.
Species: Grenadier Macrourus spp. Zone: FAO 58.5.2 AntarcticGRV/F5852.
--- --- ---
TAC 360 (1)
(1)TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed.
Species: Other species Zone: FAO 58.5.2 AntarcticOTH/F5852.
--- --- ---
TAC 50 (1)
(1)TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed.
Species: Skates and rays Rajae Zone: FAO 58.5.2 AntarcticSRX/F5852.
--- --- ---
TAC 120 (1) (2)
(1)TAC to cover by-catches in the fisheries for Dissostichus eleginoides and Champsocephalus gunnari. Wherever this by-catch TAC is exhausted, the corresponding fisheries shall be closed. (2)For the purposes of this TAC, skates and rays to be counted as one single species.
Species: Squid Martialia hyadesi Zone: FAO 48.3 AntarcticSQS/F483.
--- --- ---
TAC 2 500 (1)
(1)This TAC is applicable for the period 1 December 2004 to 30 November 2005.

ANNEX II

1.It shall be prohibited to land catches which are unsorted.

2.Member States shall ensure that an adequate sampling programme is in place which allow an efficient monitoring of the landings by species when landings are unsorted. The Member States shall not later than 1 March 2005 provide the Commission with a detailed description of the sampling programmes and a list of ports and landing sites where the sampling systems are in operation.

3.By way of derogation from point 1), it shall be permitted to land catches which are unsorted in ports and landing sites where a sampling programme referred to in point 2 is in operation.

ANNEX III

PART A

BALTIC SEA

Section 1

Cod fishery

1. Conditions for certain gears authorised for cod fishery in the Baltic Sea

1.1.   Towed nets

1.1.1.   Without exit windows

Towed nets without an exit window shall be prohibited.

1.1.2.   With exit windows

By way of derogation from the provisions of special selectivity devices in Annex V to Regulation (EC) No 88/98, the provisions in Appendix 1 to this Annex shall apply.

1.1.3.   One net rule

When a towed net with exit windows is used, no other type of gear shall be kept on board.

1.2.   Gillnets

By way of derogation from the provisions of Annex IV to Regulation (EC) No 88/98, the minimum mesh size for gillnets shall be 110 mm.

The nets shall not exceed a maximum length of 12 km for vessels with an overall length of up to and including 12 m.

The nets shall not exceed a maximum length of 24 km for vessels with an overall length of more than 12 m.

The soaking time of the nets shall not exceed 48 hours counting from the time the nets are first put in the water to the time when the nets are fully recovered on board the fishing vessel.

2. By-catch of cod in the Baltic Sea

2.1. By way of derogation from the provisions of Article 3(4) of Regulation (EC) No 88/98, no undersized cod may be kept on board, except in the case set out in point 2.2.

2.2. However, by way of derogation from the provisions of Article 3(5) of Regulation (EC) No 88/98, the by-catch of cod taken when fishing for herring and sprat with mesh sizes of 32 mm or smaller shall not exceed 3 % by weight. Of this by-catch, no more than 5 % of undersized cod shall be kept on board.

2.3. By-catches of cod may not exceed 10 % when fishing for other species than herring and sprat with trawls and Danish seines other than those referred to in point 1.1.2.

3. Minimum size for cod in the Baltic Sea

By way of derogation from the provisions laid down in Annex III to Regulation (EC) No 88/98, the minimum size for cod shall be 38 cm.

4. Summer ban for Baltic cod

Fishing for cod shall be prohibited in Sub-divisions 22-24 from 1 March 2005 to 30 April 2005 inclusive, and in Sub-divisions 25-32 from 1 May 2005 to 15 September 2005 inclusive.

5. Restrictions for fishing for cod in the Baltic Sea

It shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

Area 1:

—55°45′N, 15°30′E

—55°45′N, 16°30′E

—55°00′N, 16°30′E

—55°00′N, 16°00′E

—55°15′N, 16°00′E

—55°15′N, 15°30′E

—55°45′N, 15°30′E

Area 2:

—55°00′N, 19°14′E

—54°48′N, 19°20′E

—54°45′N, 19°19′E

—54°45′N, 18°55′E

—55°00′N, 19°14′E

Area 3:

—56°13′N, 18°27′E

—56°13′N, 19°31′E

—55°59′N, 19°13′E

—56°03′N, 19°06′E

—56°00′N, 18°51′E

—55°47′N, 18°57′E

—55°30′N, 18°34′E

—56°13′N, 18°27′E

6. Interim and additional conditions for monitoring, inspection and surveillance in the context of recovery of cod stocks in the Baltic Sea

6.1.   General provisions

6.1.1. The monitoring inspection and surveillance programme for cod stocks in the Baltic Sea shall consist of the following elements: Special conditions for fishing for cod in the Baltic Sea. National control action programmes to be drawn up by Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, and Sweden. Additional measures for monitoring, control and inspection. Joint surveillance and exchange of inspectors.

6.1.2. The National control action programme for cod stocks may be revised, at the initiative of the Commission or following a request by a Member State.

6.2.   Special Conditions for fishing for cod in the Baltic Sea

6.2.1. All vessels of overall length equal to or greater than 8 metres carrying on board or using any gear authorised for fishing for cod in the Baltic Sea shall hold a special permit for fishing for cod in the Baltic Sea.

6.2.2. Each Member State shall establish a list of vessels holding a special permit for fishing for cod in the Baltic Sea.

6.2.3. The master of a fishing vessel, or his representative, to which a Member State has issued a special permit for fishing for cod in the Baltic Sea shall comply with the conditions in Appendix 2.

6.3.   National Control Action programmes

6.3.1. Each Member State concerned shall define a national control action programme for the Baltic Sea.

6.3.2. The Commission shall convene at least once in 2005 a meeting of the Committee for Fisheries and Aquaculture to evaluate the compliance with and results of the national control action programme for cod stocks in the Baltic Sea.

6.4.   Monitoring, inspection and surveillance to be adopted by Member States

6.4.1. Each Member State concerned shall transmit to the Commission within 30 days of the date of entry into force of this Regulation a list of designated ports and the national control programme referred to in point 6.3.1. and an implementation schedule. The Commission shall transmit this information to all the relevant Member States.

6.4.2. Notwithstanding Article 6(4) of Regulation (EEC) No 2847/93, the masters of Community fishing vessels holding a special fishing permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1 shall keep a logbook of their operations in accordance with the provisions laid down in Article 6 of Regulation (EEC) No 2847/93.

6.4.3. By way of derogation from Article 5 of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimates of the quantities, in kilograms, of fish subject to a TAC that are retained on board shall be 8 %.

6.4.4. For cod landed in a designated port, representative samples, amounting to at least 20 % of the landings, shall be weighed in the presence of controllers authorised by the Member States before they are offered for first sale and sold. To this end, the Member States shall submit to the Commission, within one month of the date of entry into force of this Regulation, details of the sampling regime to be employed.

6.4.5. Notwithstanding Article 19a 1a) of Regulation (EEC) No 2847/93, Articles 19e, 19f, 19g, 19h and 19i of that Regulation shall apply to Community fishing vessels holding a special fishing permit for fishing for cod in the Baltic Sea in accordance with point 6.2.1.

6.4.6. In accordance with the provisions of Article 13 of Regulation (EC) No 2244/2003 Member States shall ensure that the VMS data received pursuant to Article 8, Article 10(1) and Article 11(1) of that Regulation of vessels holding a special permit for fishing for cod in the Baltic Sea are used: (a)to record each entry into, and exit from port in a computer readable form; (b)to record each entry into, and exit from areas closed for cod fishing in the Baltic Sea.

6.4.7. Member States may implement alternative control measures to ensure compliance with reporting obligations referred in point 6.4.5 which are as effective and transparent as these reporting obligations. Such alternative measures shall be notified to the Commission before being implemented.

6.4.8. By way of derogation from Article 13 of Regulation (EEC) No 2847/93, quantities greater than 50 kg of cod which are transported to a place other than that of landing or import shall be accompanied by a copy of one of the declarations provided for in Article 8(1) of Regulation (EEC) No 2847/93 pertaining to the quantities of these species transported. The exemption provided for in Article 13(4)(b) of Regulation (EEC) No 2847/93 shall not apply.

6.4.9. By way of derogation from Article 34(c)(1) of Regulation (EEC) No 2847/93, the specific monitoring programme for cod in the Baltic Sea may last more than two years from their date of entry into force.

6.5.   Joint Surveillance and Exchange of inspectors

6.5.1. The Member States concerned shall undertake joint inspection and surveillance activities and shall establish to that effect joint operational procedures applicable to their surveillance crafts.

6.5.2. A meeting of the competent national inspection authorities shall be convened by the Presidency within 30 days of the date of entry into force of this Regulation to coordinate the joint inspection and surveillance programme.

6.5.3. The Member States concerned shall ensure that inspectors from other Member States concerned are invited to participate at least in their joint inspections activities.

6.5.4. Inspectors from the Commission may participate in these exchanges and may participate in joint inspections.

Section 2

Gulf of Riga

7. Specific provisions for the Gulf of Riga

7.1.   Special fishing permit

7.1.1. In order to exercise fishing activities in the Gulf of Riga vessels shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94.

7.1.2. Member States shall ensure that vessels to which a special fishing permit referred to in paragraph 1 has been issued are included in a list containing their name and internal registration number to be provided to the Commission by each Member State. Vessels included in the list shall satisfy the following conditions: (a)the total engine power (kW) of the vessels within the lists must not exceed that observed for each Member State in the years 2000-2001 in the Gulf of Riga; (b)the engine power of a vessel must not exceed 221 kilowatts (kW) at any time.

7.2.   Replacement of vessels or engines

7.2.1. Any individual vessel on the list referred to in point 7.1.2 may be replaced by another vessel or vessels, provided that: (a)such replacement will not lead to an increase in the total engine power as indicated in point 7.1.2 (a) in the Member State concerned, and (b)the engine power of any replacement vessel does not exceed 221 kW at any time.

7.2.2. An engine of any individual vessel included in the list referred to in point 7.1.2 may be replaced, provided that: (a)the replacement of an engine does not lead to the vessel’s engine power exceeding 221 kW at any time, and (b)the power of the replacement engine is not such that replacement will lead to an increase in the total engine power as indicated in point 7.1.2 (a) for the Member State concerned.

PART B

SKAGERRAK AND KATTEGAT

8. Technical conservation measures in the Skagerrak and in the Kattegat

By way of derogation from the provisions set out in Annex IV of Regulation (EC) No 850/98, the provisions in Appendix 3 to this Annex shall apply.

PART C

ICES SUB-AREAS I TO VII

9. Landing and weighing procedures for herring, mackerel and horse mackerel

9.1.   Scope

9.1.1.The following procedures shall apply to landings in the European Community by Community and third country vessels of quantities per landing exceeding 10 tonnes of herring, mackerel, and horse mackerel, or a combination thereof, taken in: (a)for herring, ICES Sub-areas I, II, IV, VI and VII and Divisions IIIa and Vb; (b)for mackerel and horse mackerel, in ICES Sub-areas III, IV, VI and VII and Division IIa.

9.2.   Designated ports

9.2.1.Landings referred to in point 9.1 are only permitted in designated ports.

9.2.2.Each Member State concerned shall transmit to the Commission changes in the list, transmitted in 2004, of designated ports in which landings of herring, mackerel and horse mackerel may take place and, changes in inspection and surveillance procedures for those ports including the terms and conditions for recording and reporting the quantities of any of the species and stocks referred to in point 9.1.1 within each landing. Those changes shall be transmitted at least 15 days before they enter into force. The Commission shall transmit this information as well as ports designated by third countries to all Member States concerned.

9.3.   Entry to port

9.3.1.The master of a fishing vessel referred to in point 9.1.1 or his agent shall inform the competent authorities of the Member State in which the landing is to be made, at least four hours in advance of entry to port of landing of the Member State concerned of the following: (a)the port he intends to enter, the name of the vessel and its registration number; (b)the estimated time of arrival at that port; (c)the quantities in kilograms live weight by species retained on board; (d)the management area in accordance with Annex I to this Regulation where the catch was taken.

9.4.   Discharge

9.4.1.The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so.

9.5.   Logbook

9.5.1.By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook as demanded by the competent authority at the port of landing. The quantities retained on board, notified prior to landing as referred to in point 9.3.1(c), shall be equal to the quantities recorded in the logbook after its completion. By way of derogation from the provisions of Article 5(2) of Regulation (EEC) No 2807/83 the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 8 %.

9.6.   Weighing of fresh fish

9.6.1.All buyers purchasing fresh fish shall ensure that all quantities received are weighed on systems approved by the competent authorities. The weighing shall be carried out prior to the fish being sorted, processed, held in storage and transported from the port of landing or resold. The figure resulting from the weighing shall be used for the completion of landing declarations and sales notes.

9.6.2.When determining the weight any deduction for water shall not exceed 2 %.

9.7.   Weighing of fresh fish after transport

9.7.1.By way of derogation from point 9.6.1, Member States may permit fresh fish to be weighed after transport from the port of landing provided that the fish is transported to a destination on the territory of the Member State no more than 60 kilometres from the port of landing and that: (a)the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed; or (b)approval is given by the competent authorities at the place of landing to transport the fish subject to the following provisions: (i)immediately prior to the tanker leaving the port of landing, the buyer or his agent shall provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it is to be discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed as well as the estimated time of arrival of the tanker at the destination, (ii)a copy of the declaration provided for in (i) shall be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination.

9.8.   Invoice

9.8.1.In addition to the obligations set out in Article 9(1) and (2) of Regulation (EC) No 2847/93 the processor or buyer of the quantities of fresh fish landed shall submit to the competent authorities of the Member State concerned a copy of the invoice or a document replacing it, as referred to in Article 22(3) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (31).

9.8.2.Any such invoice or document shall include the information required by Article 9(3) of Regulation (EC) No 2847/93 as well as the name and registration number of the vessel from which the fish has been landed. This invoice or document shall be submitted on demand or within 12 hours of the completion on the weighing.

9.9.   Weighing of frozen fish

9.9.1.All buyers or holders of frozen fish shall ensure that the quantities landed are weighed prior to the fish being processed, held in storage, transported from the port of landing or resold. Any tare weight equal to the weight of boxes, plastic or other containers in which the fish to be weighed is packed may be deducted from the weight of any quantities landed.

9.9.2.Alternatively, the weight of frozen fish packed in boxes may be determined by multiplying the average weight of a representative sample based on weighing the contents removed from the box and without plastic packaging whether or not after the thawing of any ice on the surface of the fish. Member States shall notify to the Commission for approval any changes in their sampling methodology approved by the Commission during 2004. Changes shall be approved by the Commission. The figure resulting from the weighing shall be used for the completion of landing declarations and sales notes.

9.10.   Weighing facilities

9.10.1.In cases where publicly operated weighing facilities are used the party weighing the fish shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the invoice submitted to the competent authorities as provided for in point 9.8.

9.10.2.In cases where privately operated weighing facilities are used the system shall be approved, calibrated and sealed by the competent authorities and be subject to the following provisions: (a)the party weighing the fish shall keep a paginated weighing logbook indicating: (i)the name and registration number of the vessel from which the fish has been landed, (ii)the identity number of the tankers in cases where fish has been transported from the port of landing before weighing, (iii)the species of fish, (iv)the weight of each landing, (v)the date and time of the beginning and end of the weighing; (b)where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. Such cumulative total shall be recorded in the paginated logbook referred to in point (a); (c)the weighing logbook and the copies of written declarations provided for in point 9.7.1(b)(ii) shall be kept for three years.

9.11.   Access by competent authorities

The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.

9.12.   Cross-checks

9.12.1.The competent authorities shall carry out administrative cross-checks on all landings between the following: (a)quantities by species indicated in the prior notice of landing, referred to in point 9.3.1 and the quantities recorded in the vessel's logbook; (b)quantities by species recorded in the vessel's logbook and the landing declaration or invoice or equivalent document referred to in point 9.8; (c)quantities by species recorded on the landing declaration and invoice or equivalent document referred to in point 9.8.

9.13.   Full inspection

9.13.1.The competent authorities of a Member State shall ensure that at least 15 % of the quantities of fish landed and at least 10 % of the landings of fish are subject to full inspections which shall include at least the following: (a)monitoring of the weighing of the catch from the vessel, by species. In the case of vessels pumping catch ashore the weighing of the entire discharge from the vessels selected for inspection shall be monitored. In the case of freezer trawlers, all boxes shall be counted. A representative sample of boxes/pallets shall be weighed in order to arrive at an average weight for the boxes/pallets. Sampling of boxes shall also be undertaken according to an approved methodology in order to arrive at an average net weight for the fish (without packing, ice); (b)in addition to the cross-checks referred to in point 9.12 cross-verification between the following: (i)quantities by species recorded in the weighing logbook and the quantities by species recorded in the invoice or equivalent document referred to in point 9.8, (ii)the written declarations received by the competent authorities pursuant to point 9.7.1(b)(i) and the written declarations held by the receiver of the fish pursuant to point 9.7.1(b)(ii), (iii)identity numbers of tankers that appear in the written declarations provided for in point 9.7.1(b)(i) and the weighing logbooks; (c)if the discharge is interrupted, permission shall be required before the discharge can recommence; (d)verification that the vessel is empty of all fish, once the discharge has been completed.

9.13.2.All inspection activities covered by point 9 shall be documented. Such documentation shall be kept for 3 years.

10. Fishing for herring in area IIa (EC waters)

It shall be prohibited to land or retain on board herring caught in Division IIa (EC waters) in the periods 1 January to 28 February and 16 May to 31 December.

11. Conditions for landing of herring for industrial purposes

Conditions for landing of herring for industrial purposesBy way of derogation from the provisions of Article 2(1) of Regulation (EC) No 1434/98 the following provisions shall apply:

Herring caught when fishing outside ICES Sub-areas III and IV with nets of minimum mesh size less than 32 mm may not be retained on board or landed unless such catches consist of a mixture of herring and other species, are not sorted and the herring does not exceed 10 % by weight of the total combined weight of herring and other species.

12. Restrictions on fishing for Cod

(a)West of Scotland: Until 31 December 2005, it shall be prohibited to conduct any fishing activity within the areas enclosed by sequentially joining with rumb lines the following positions: 59°05′N, 06°45′W 59°30′N, 06°00′W 59°40′N, 05°00′W 60°00′N, 04°00′W 59°30′N, 04°00′W 59°05′N, 06°45′W.

(b)Celtic Sea: Until 31 March 2005, it shall be prohibited to conduct any fishing activity within that part of ICES Division VII included in the following ICES rectangles: 30E4, 31E4, 32E3. This prohibition shall not apply to Beam trawlers in the month of March.

(c)By way of derogation from (a) and from (b), it shall be permitted to conduct fishing activities using pots and creels within the specified areas and time periods, provided that: (i)no fishing gear other than pots and creels are carried on board, and (ii)no fish other than shellfish and crustacea are retained on board;

(d)By way of derogation from point (a) and from point (b), 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: (i)no net of mesh size greater than or equal to 55 mm is carried on board, and (ii)no fish other than herring, mackerel, pilchard/sardines, sardinelles, horse mackerel, sprat, blue whiting and argentines are retained on board.

13. Closure of an area for sandeel fisheries

It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions:

—the east coast of England at latitude 55°30′N,

—latitude 55°30′N, longitude 1°00′W,

—latitude 58°00′N, longitude 1°00′W,

—latitude 58°00′N, longitude 2°00′W,

—the east coast of Scotland at longitude 2°00′W.

However, a limited fishery shall be allowed in order to monitor the sandeel stock in the area and the effects of the closure.

14. Rockall Haddock box

All fishing, except with longlines, shall be prohibited in the areas enclosed by sequentially joining with rhumb lines the following positions:

Point No Latitude Longitude
1 57°00′N 15°00′W
2 57°00′N 14°00′W
3 56°30′N 14°00′W
4 56°30′N 15°00′W

15. Technical conservation measures in the Irish Sea

The technical conservation measures referred to in Articles 2, 3 and 4 of Council Regulation (EC) No 254/2002 of 12 February 2002 establishing measures to be applicable in 2002 for the recovery of the stock of cod in the Irish Sea (ICES division VIIa) (32) shall temporarily apply in 2005.

PART D

ICES SUB-AREAS VIII, IX AND X

16. Trawling ban in waters around the Azores, the Canary Islands and Madeira

Vessels shall be prohibited from using any bottom trawl or similar towed nets operating in contact with the bottom of the sea in waters under the sovereignty or the jurisdiction of Member States within the areas bounded by a line joining the following coordinates:

(a) Azores Latitude 36°00′N, longitude 23°00′W Latitude 42°00′N, longitude 23°00′W Latitude 42°00′N, longitude 34°00′W Latitude 36°00′N, longitude 34°00′W Latitude 36°00′N, longitude 23°00′W

(b) Canary Islands and Madeira Latitude 27°00′N, longitude 19°00′W Latitude 26°00′N, longitude 15°00′W Latitude 29°00′N, longitude 13°00′W Latitude 36°00′N, longitude 13°00′W Latitude 36°00′N, longitude 19°00′W Latitude 27°00′N, longitude 19°00′W

PART E

MEDITERRANEAN

17. Technical conservation measures in the Mediterranean

The fisheries currently operating under the derogations, provided for in Article 3(1) and (1a) and Article 6(1) and (1a) of Regulation (EC) No 1626/94, may temporarily continue their activity in 2005.

PART F

EASTERN PACIFIC OCEAN

18. Purse seines in the Eastern Pacific Ocean (Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC))

The fishing by purse-seine vessels for Yellowfin Tuna (Thunnus albacares), Bigeye Tuna (Thunnus obesus) and Skipjack Tunas (Katsuwonus pelamis) shall be prohibited from either, 1 August to 11 September 2005, or, 20 November to 31 December 2005 in the area defined by the following limits:

—the Pacific coastlines of the Americas,

—longitude 150° W,

—latitude 40° N,

—latitude 40° S.

The Member States concerned shall notify the Commission of the selected period of closure before 1 July 2005. All the purse seine vessels of the Member States concerned must stop purse-seine fishing in the defined area during the period selected.

As of the date of entry into force of this Regulation purse seiners fishing for tuna in the Regulatory Area of the Inter-American Tropical Tuna Commission shall retain on board and then land all bigeye, skipjack and yellowfin tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Purse seine vessels shall promptly release unharmed, to the extent practicable, all sea turtles, sharks, billfishes, rays, dorado, and other non-target species. Fishermen shall be encouraged to develop and use techniques and equipment to facilitate the rapid and safe release of any such animals.

The following specific measures to encircled or entangled sea turtles shall apply:

(a)whenever a sea turtle is sighted in the net, all reasonable efforts shall be made to rescue the turtle before it becomes entangled in the net, including, if necessary, the deployment of a speedboat,

(b)if a turtle is entangled in the net, net roll should stop as soon as the turtle comes out of the water and should not start again until the turtle has been disentangled and released,

(c)if a turtle is brought on board a vessel, all appropriate methods to assist in the recovery of the turtle should be made before returning it to the water,

(d)tuna-fishing vessels shall be prohibited from disposing of salt bags or any other type of plastic rubbish at sea,

(e)the release, when practicable, of sea turtles entangled in Fish Aggregating Devices (FADs) and other fishing gear is encouraged,

(f)the recovery of Fish Aggregating Devices (FADs) which are not being used in the fishery is also encouraged.

PART G

EASTERN ATLANTIC AND MEDITERRANEAN SEAS

19. Minimum size for bluefin tuna in the East Atlantic and Mediterranean Sea

By way of derogation from the provisions laid down in Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size for bluefin tuna in the Mediterranean Sea shall be 10 kg or 80 cm.

By way of derogation from the provisions laid down in Article 7(1) of Regulation (EC) No 973/2001, no tolerance limit shall be granted for bluefin tuna fished in the East Atlantic and in the Mediterranean Sea.

20. Minimum size for bigeye tuna

By way of derogation from the provisions of Article 6 and Annex IV of Regulation (EC) No 973/2001, the minimum size of bigeye tuna is abolished.

21. Restrictions on the use of certain types of vessels and gears

1.In order to protect the bigeye stock, in particular juvenile fish, fishing by purse seiners and baitboats shall be prohibited during the period and in the area specified in point (a) and (b) below; (a)The area is the following: Southern limit : parallel 0° South latitude Northern limit : parallel 5° North latitude Western limit : meridian 20° West longitude Eastern limit : meridian 10° West longitude (b)The period covered by the prohibition shall be from 1 November to 30 November of each year.

2.By way of derogation from the provisions of Article 3 of Regulation (EC) No 973/2001, Community fishing vessels shall be authorised to fish without restriction on the use of certain types of vessels and gears in the area referred to in Article 3(2) and during the period specified in Article 3(1).

22. Measures concerning sport and recreational fishing activities in the Mediterranean Sea

1.Each Member State shall take the necessary measures to forbid the use, within the framework of sport and recreational fishing of towed nets, encircling nets, seine sliding, dredger, gillnets, trammel nets and longline to fish for tuna and tuna-like species, notably bluefin tuna, in the Mediterranean Sea.

2.Each Member State shall ensure that catches of tuna and tuna-like species carried out in the Mediterranean Sea as a result from sport and recreational fishing are not marketed.

23. Sampling plan for bluefin Tuna

By way of derogation from the provisions laid down in Article 5a of Regulation (EC) No 973/2001, each Member State shall establish a sampling programme for the estimation of the numbers-at-size of the bluefin tuna caught; this requires notably that size sampling at cages must be done on one sample (= 100 specimen) for every 100 tonnes of live fish. Size sample will be collected during harvesting (33) at the farm, in accordance with the ICCAT methodology for reporting Task II. The sampling should be conducted during any harvesting, covering all cages. Data must be transmitted to ICCAT by 31 July for the sampling conducted the previous year.

24. Interim measures for the protection of vulnerable deep-water habitats

It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:

The Hecate Seamounts:

—52°21.2866′N, 31°09.2688′W

—52°20.8167′N, 30°51.5258′W

—52°12.0777′N, 30°54.3824′W

—52°12.4144′N, 31°14.8168′W

—52°21.2866′N, 31°09.2688′W

The Faraday Seamounts:

—50°01.7968′N, 29°37.8077′W

—49°59.1490′N, 29°29.4580′W

—49°52.6429′N, 29°30.2820′W

—49°44.3831′N, 29°02.8711′W

—49°44.4186′N, 28°52.4340′W

—49°36.4557′N, 28°39.4703′W

—49°29.9701′N, 28°45.0183′W

—49°49.4197′N, 29°42.0923′W

—50°01.7968′N, 29°37.8077′W

Part of the Reykjanes Ridge:

—55°04.5327′N, 36°49.0135′W

—55°05.4804′N, 35°58.9784′W

—54°58.9914′N, 34°41.3634′W

—54°41.1841′N, 34°00.0514′W

—54°00.0′N, 34°00.0′W

—53°54.6406′N, 34°49.9842′W

—53°58.9668′N, 36°39.1260′W

—55°04.5327′N, 36°49.0135′W

The Altair Seamounts:

—44°50.4953′N, 34°26.9128′W

—44°47.2611′N, 33°48.5158′W

—44°31.2006′N, 33°50.1636′W

—44°38.0481′N, 34°11.9715′W

—44°38.9470′N, 34°27.6819′W

—44°50.4953′N, 34°26.9128′W

The Antialtair Seamounts:

—43°43.1307′N, 22°44.1174′W

—43°39.5557′N, 22°19.2335′W

—43°31.2802′N, 22°08.7964′W

—43°27.7335′N, 22°14.6192′W

—43°30.9616′N, 22°32.0325′W

—43°40.6286′N, 22°47.0288′W

—43°43.1307′N, 22°44.1174′W

PART H

DEEP-SEA SPECIES

By way of derogation from Regulation (EC) No 2347/2002, the following shall apply in 2005:

Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.

It shall however be prohibited to catch and retain on board, tranship or to land any aggregate quantity of the deep sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit.

PART I

NORTH-EAST ATLANTIC

Vessels engaged in illegal, unreported and unregulated fisheries

Vessels that have been placed by the North-East Atlantic Fisheries Commission (NEAFC) on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels) are listed in Appendix 5. The following measures shall apply to these vessels:

(a)IUU vessels that enter ports are not authorised to land or tranship therein and shall be inspected by the competent authorities. Such inspections shall include the vessel's documents, log books, fishing gear, catch onboard and any other matter relating to the vessel's activities in the Regulatory Area of NEAFC. Information on the result of the inspections shall immediately be transmitted to the Commission;

(b)fishing vessels, support vessels, refuel vessels, mother-ships and cargo vessels flying the flag of a Member State shall not in any way assist IUU vessels or participate in any transhipment or joint fishing operations with vessels on that list;

(c)IUU vessels shall not be supplied in ports with provisions, fuel or other services;

(d)IUU vessels shall not be authorised to fish in Community waters and be prohibited to be chartered;

(e)imports of fish coming from IUU vessels shall be prohibited;

(f)Member States shall refuse the granting of their flag to IUU vessels and encourage importers, transporters and other sectors concerned to refrain from negotiating and from transhipping of fish caught by such vessels.

The Commission shall amend the list to be in accordance with the NEAFC list as soon as NEAFC adopts a new list.

PART J

CECAF

The minimum size for octopus (Octopus vulgaris) in the maritime waters under the sovereignty or jurisdiction of third countries and situated in the CECAF region shall be 450g (gutted). Octopus under the minimum size of 450g (gutted) shall not be retained on board or be transhipped, landed, transported, stored, sold, displayed or offered for sale, but shall be returned immediately to the sea.

Appendix 1 to Annex III

Specifications of top window codend ‘BACOMA’

Specification of 110 mm, measured as inner diameter opening, square mesh window in a codend with a 105 mm or larger mesh size in trawls, Danish seines or similar towed nets.

The window shall be a rectangular section of netting in the codend. There shall be only one window. The window shall not be obstructed in any way by either internal or external attachments.

Size of the codend, extension piece and the rear end of the trawl

The codend shall be constructed of two panels of equal size, joined together by selvedges one on each side.

The carrying on board of a net having more than 100 open diamond meshes in any circumference of the codend, excluding the joining or the selvedges shall be prohibited.

The number of open diamond meshes, excluding those in the selvedges, at any point on any circumference of any extension or lengthening piece shall not be less or more than the maximum number of meshes on the circumference of the front end of the codend stricto sensu and the rear end of the tapered section of the trawl excluding meshes in the selvedges (Figure 1).

Location of the window

The window shall be inserted into the top panel of the codend. The window shall terminate not more than 4 meshes from the codline, inclusive of the hand braided row of meshes through which the codline is passed (Figure 2).

Size of the window

The width of the window, expressed in number of mesh bars, shall be equal to the number of open diamond meshes in the top panel divided by two. If necessary, it may be allowed to maintain at the most 20 % of the number of open diamond meshes in the top panel divided evenly on the both sides of the window panel (Figure 3).

Length of the window shall be at least 3,5 metres.

The netting of the window

The meshes shall have a minimum mesh opening of 110 millimetres. The meshes shall be square meshes i.e. all four sides of the window netting shall be cut all bars. The netting shall be mounted such that the bars run parallel and perpendicular to the length of the codend. The netting shall be knotless braided single twine or a netting with similar proven selective properties. The diameter of the single yarn shall be at least 4,9 millimetres.

Other specification

The mounting specifications are defined in Figures 4a, 4b and 4c. The length of the lifting strap shall not be less than 4 m.

Figure 1

Trawl gear can be divided into three different sections according to shape and function.

The trawl body is always a tapered section often between 10 and 40 m long. The extension piece is an untapered section normally manufactured of either one or two pieces of 49,5 mesh long nets giving a stretched length between 6 or 12 m. The codend is also an untapered section often made of double twine in order to have a better resistance against heavy wearing. The codend length is often 49,5 meshes i.e. circa 6 metres although shorter codends (2-4) exists in smaller vessels. The part below the lifting strap is called a lifting bag.

Figure 2

The distance of the window panel from the codline shall be 4 meshes. There are 3,5 diamond meshes in the upper panel and one 0,5 mesh deep hand-braided ‘codline’ row.

Figure 3

Twenty percent of diamond meshes in the upper panel along a perpendicular row running from one selvedge to another may be maintained. For example (as in figure 3) if the upper panel were 30 open meshes wide, 20 % of that would be 6 meshes. Then three open meshes are divided on both sides of the window panel. Consequently the width of the window panel then becomes 12 mesh bars (30 – 6 = 24 diamond meshes divided by two is 12 mesh bars).

Figure 4a

Lower panel

Showing the construction of lower panel made of 49,5 meshes deep netting

Figure 4b

Upper panel

(without diamond meshes between selvedge and square mesh panel)

The construction of upper panel, size and position of the window panel in case when the escape panel runs from selvedge to selvedge

Figure 4c

Upper panel

(with diamond meshes between selvedge and square mesh panel)

The construction of upper panel in case 20 % of diamond meshes in the upper panel are maintained and equally divided on both sides of the window

Appendix 2 to Annex III

1.Only vessels holding a special fishing permit are authorised to land cod from the Baltic Sea.

2.The competent authorities of a Member State in which a landing requiring pre-notification is to be made may require that the discharge of catch retained on board does not commence until authorised by those authorities.

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