Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

	1.	The European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This list shall be notified to the Moroccan authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.
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	2.	Technical inspection 2.1. Once a year and after any alteration in tonnage or changes to the fishing category necessitating the use of a different type of gear, Community vessels covered by point 1 above shall report to the Moroccan port to undergo the inspections required by the legislation in force. Such inspections shall take place within 48 hours of the vessel's putting into port. 2.2. Once the inspection has been completed satisfactorily, the captain of the vessel shall be issued with a certificate having the same period of validity as the licence and which shall be automatically extended in the case of vessels renewing their licence within the year. However, the maximum validity may not exceed one year. This certificate must be kept on board at all times. 2.3. The technical inspection shall verify that the vessel's technical characteristics and gear conform to the provisions of the Agreement and that the provisions relating to its Moroccan crew have been complied with. 2.4. The cost of the inspection shall be borne by the shipowner at the rates laid down by Moroccan law. It may not be greater than the amount normally paid by other vessels for the same services. 2.5. Failure by the shipowner to comply with points 2.1 and 2.2 above shall result in automatic suspension of the fishing licence until such obligations have been met.
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	3.	Entering and leaving the zone 3.1. Community vessels shall notify the Department at least four hours in advance of their intention to enter or leave the Moroccan fishing zones. 3.2. When notifying leaving, vessels shall also communicate their position and the volume and species in catches kept on board. This information should preferably be communicated by fax or, for vessels not equipped with a fax, by radio, the details of which are set out in Appendix 8. 3.3. A vessel found to be fishing without having informed the Department shall be regarded as a vessel without a licence. 3.4. Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued.
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	4.	Control procedures 4.1. Masters of Community fishing vessels engaged in fishing activities in Moroccan waters shall allow and facilitate boarding and the discharge of their duties by any Moroccan official responsible for the inspection and control of fishing activities. 4.2. These officials shall not remain on board for longer than is necessary for the discharge of their duties. 4.3. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.
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	5.	Boarding 5.1. The Department shall inform the European Commission, within no more than 48 hours, of all boardings of and penalties imposed on Community vessels in Moroccan waters. 5.2. The European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.
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	6.	Statement of boarding 6.1. After the Moroccan authorities responsible for inspection have drawn up a statement, the master of the vessel shall sign it. 6.2. This signature shall not prejudice the rights of the master or any defence which he may make to the alleged infringement. 6.3. The master shall take the vessel to the port indicated by the Moroccan authorities responsible for inspection. The vessel in breach of the Moroccan sea fishing legislation in force shall be kept in port until completion of the usual administrative formalities relating to boarding.
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	7.	Settlement of boarding 7.1. Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after the boarding. 7.2. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Moroccan fisheries legislation. 7.3. If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be paid by the shipowner into a bank account specified by the competent Moroccan authorities. 7.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent Moroccan authorities. 7.5. The vessel shall be authorised to leave the port: — once the obligations arising under an amicable settlement have been fulfilled, or — when the bank security referred to in point 7.3 has been lodged and accepted by the competent Moroccan authority, pending completion of the legal proceedings.
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	8.	Transhipment 8.1. Any transhipment at sea of catches shall be prohibited in the Moroccan fishing zone. However, Community pelagic trawlers wishing to tranship catches in Moroccan waters shall do so in a Moroccan port or other place designated by the competent Moroccan authorities, after authorisation by the Department. Such transhipment shall take place under the supervision of the observer or of a representative of the sea fisheries delegation and the control authorities. Any person infringing this provision shall be liable to the penalties provided for by Moroccan law. 8.2. Before any transhipment, the owners of these vessels must notify the following information to the Department at least 24 hours in advance: — the names of the transhipping fishing vessels; — the names of the cargo vessels, their flags, registration numbers and call signs; — the tonnage by species to be transhipped; — the destination of catches; — the date and day of transhipment. The Moroccan party reserves the right to refuse transhipment if the carrier vessel has carried out illegal, undeclared or unregulated fishing inside or outside the maritime areas under Moroccan jurisdiction. 8.3. Transhipment shall be considered as an exit from the Moroccan fishing zone. Vessels must therefore submit their catch declarations to the Department and state whether they intend to continue fishing or leave the Moroccan fishing zone. Masters of Community pelagic trawlers engaged in landing or transhipment operations in a Moroccan port shall allow and facilitate the inspection of such operations by Moroccan inspectors. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.

CHAPTER X

LANDING OF CATCHES

The contracting parties, aware of the benefits of increased integration with a view to joint development of their respective fisheries sectors, have agreed to adopt the following provisions concerning landing a proportion of the catches made by Community vessels in Moroccan waters in Moroccan ports.

The proportion of the catch subject to compulsory landing shall be as indicated in the datasheets annexed to the Agreement.

Financial incentives:

• 1. Landings

Community tuna vessels which opt to land their catches in a Moroccan port shall benefit from a reduction on the fee indicated on datasheet No 5 of EUR 2,50 per tonne fished in Moroccan waters.

An additional reduction of EUR 2,50 per tonne shall be granted where fisheries products are sold in fish markets.

This mechanism shall apply, for all Community vessels, up to a maximum 50 % of the final statement of catches (as defined in Chapter II of the Annex) from the first year of this Protocol.

Community pelagic vessels which choose to land a quantity above the 25 % of compulsory catches laid down in datasheet No 6 in a Moroccan port shall benefit from a reduction of 10 % of the fee for each tonne landed on a voluntary basis.

• 1. Detailed implementing rules

Fish markets shall complete a weighing slip for landing operations, as a basis for product traceability.

A statement of sales and deductions shall be drawn up for sales in fish markets.

Copies of the above weighing slips and statements shall be sent to the sea fisheries delegation in the port of landing. Once they have been approved by the Department, the shipowners concerned shall be informed of the amounts that will be refunded to them. These amounts shall be deducted from the fees due for future licence applications.

• 1. Assessment

The level of the financial incentives shall be adjusted within the Joint Committee, in accordance with the socio-economic impact of landings in the year concerned.

Appendices

(1)

Licence application form

(2)

Datasheets

(3)

Communication of VMS messages to Morocco, position report

(4)

Limits of Moroccan fishing zones, coordinates of fishing zones

(5)

Address of Moroccan FMC

(6)

Logbook

(7)

Catch report form. Specimen to be harmonised

(8)

Details of the Moroccan radio station

Appendix 1

MOROCCO — EUROPEAN COMMUNITY FISHING AGREEMENT

APPLICATION FORM FOR A FISHING LICENCE

Image omitted; see official source

Text of image

I APPLICANT

……………………………………………………………………………………………………………………………………………………………………………………………………………………

II VESSEL

III TECHNICAL CHARACTERISTICS AND EQUIPMENT

Done at …………………………………………………………………………………………………………, [date] …………………………………………………………………………………………………………

Signature of applicant …………………………………………………………………………………………………………

Appendix 2

Fishing datasheet No 1

Small-scale fishing/north: pelagic species

Number of vessels authorised	20
Authorised gear	Seine net. Maximum authorised dimensions corresponding to the conditions in the zone: 500 m × 90 m. Ban on fishing with lampara nets.
Type of vessel:	<100 GT
Fees	EUR 67 per GT per quarter
Geographical limit	North of 34o 18' Beyond 2 miles
Target species	Sardine, anchovy and other small pelagic species
Landing requirement	First year: 25 %; second year: 30 %; third year: 40 %; fourth year: 50 %
Biological recovery	Two months: February and March.
Comments

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 2

Small-scale fishing/north

Number of vessels authorised	30
Authorised gear	Bottom longline Cat. (a): maximum authorised number of hooks per longline = 2 000 . Cat. (b): the maximum authorised number of hooks per longline will be decided at a later date by the Joint Committee in accordance with scientific advice and Moroccan law.
Type of vessel:	(a) <40 GT: 27 licences (b) > 40 GT and < GT 150: three licences
Fees	EUR 60 per GT per quarter
Geographical limit	North of 34o 18' Beyond 6 nautical miles
Target species	Scabbardfish, sparidae and other demersal species
Landing requirement	Voluntary landing
Biological recovery	From 15 March to 15 May
By-catches	0 % of swordfish and surface sharks

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 3

Small-scale fishing/south

Number of vessels authorised	20
Authorised gear	Line, pole and traps, limited to a maximum two types of gear per vessel. The use of longlines, trammel nets, fixed gillnets, driftnets, ‘trolls’ and croaker nets is prohibited.
Type of vessel:	<80 GT
Fees	EUR 60 per GT per quarter
Geographical limit	South of 30o 40'N Beyond 3 nautical miles
Target species	Croaker and sparidae
Landing requirement	Voluntary landing
Biological recovery	—
Authorised net	8 mm net for catching bait, beyond two nautical miles
By-catches	0 % of cephalopods and crustaceans, with the exception of 10 % of crab; targeted fishing for crab is prohibited. 10 % of other demersal species.

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 4

Demersal fishing

Number of vessels authorised	22 vessels with a maximum of 11 trawlers per year.
Authorised gear	— For longliners: — . bottom longline; — deep-water multifilament fixed gillnet, — For trawlers: bottom trawl
Type of vessel:	Average size of 275 GT, fishing at a depth of more than 200 m for trawlers;
Fees	EUR 53 per GT per quarter
Geographical limit	South of 29o N Beyond the 200 m isobath for trawlers (and 12 nautical miles for longliners)
Target species	Black hake, scabbardfish, leerfish/bonito
Landing requirement	50 % of catches made in Morocco
Biological recovery	Only applicable to trawlers. The biological recovery period is that fixed for cephalopods.
Authorised net	— Trawling: net of min. 70 mm. Doubling of the cod-end is prohibited. Doubling of the twine forming the cod-end is prohibited. The maximum authorised number of hooks per longline will be decided at a later date by the Joint Committee in accordance with scientific advice and Moroccan law.
By-catches	0 % of cephalopods and crustaceans, with the exception of crab (5 %)

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 5

Tuna fishing

Number of vessels authorised	27
Authorised gear	Pole-and-line Seine nets for fishing with live bait
Geographical limit	Beyond 3 miles Capture of bait beyond 2 miles All of Morocco's Atlantic zone, apart from a protected area east of a line from 33o 30'N/7o 35'W to 35o 48'N/6o 20'W
Target species	Tunas
Landing requirement	A proportion to be landed in Morocco at international market prices
Biological recovery	No
Authorised net	Bait to be caught with 8 mm seine nets
Fees	EUR 25 per tonne fished
Advance	A flat-rate advance of EUR 5 000 is to be paid when applying for annual licences
Comments

The fishing conditions for each category shall be agreed each year before the issue of licences.

Fishing datasheet No 6

Industrial pelagic fishing

Authorised gear	Pelagic or semi-pelagic
Quota allocated	60 000 tonnes per year, maximum 10 000 tonnes per month
Type of vessel:	Industrial pelagic trawler
Number of vessels authorised	Maximum: — five to six vessels5 over 3 000 GT/vessel — two to 3 vessels between 150-3 000 GT/vessel — 10 vessels under 150 GT/vessel
Authorised total tonnage of vessels	Maximum:
Geographical limit	South of 29o N, beyond 15 nautical miles from the coasts calculated from the low-water line
Target species	Sardine, sardinella, mackerel, horse mackerel and anchovy
Landing requirement	Each vessel must land 25 % of their catches in Morocco
Biological recovery	Authorised fishing vessels must observe all biological recovery periods laid down by the Ministry in the authorised fishing zone and stop any fishing activity there. The Moroccan authorities will notify this decision to the Commission in advance, specifying the period or periods for which there is a prohibition on fishing, and the areas concerned.
Authorised net	The minimum size of the stretched mesh of the pelagic or semi-pelagic trawl is 40 mm. The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1,5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag for any other reason is prohibited and the trawl may in no case target species other than the small pelagic species authorised.
By-catches	Maximum: 3,5  % of other species. The catch of cephalopods, crustaceans and other demersal and benthic species is strictly prohibited.
Industrial processing	Industrial processing of catches into fishmeal and/or fish oil is strictly prohibited. However, damaged or spoiled fish and the waste resulting from handling catches may be processed into fishmeal or fish oil without exceeding the maximum threshold of 5 % of total allowable catches.
Comments	The vessels fall into three categories: Category 1: gross tonnage not exceeding 3 000 GT, ceiling of 12 500 tonnes per year per vessel; Category 2: gross tonnage exceeding 3 000 GT but not exceeding 5 000 GT, ceiling of 17 500 tonnes per year and per vessel; Category 3: gross tonnage exceeding 5 000 GT, ceiling of 25 000 tonnes per year and per vessel.
Number of vessels/fees:	Maximum number of vessels authorised to fish at the same time: 18. Shipowner's fees per tonne of allowable catch: EUR 20 per tonne. Shipowner's fees per tonne in excess of allowable catch: EUR 50 per tonne.

The fishing conditions for each category shall be agreed each year before the issue of licences.

Appendix 3

COMMUNICATION OF VMS MESSAGES TO MOROCCO

POSITION REPORT

Data element	Code	Mandatory/optional	Comments
Start record	SR	M	System detail — indicates start of record
Recipient	AD	M	Message detail — destination party. Alpha 3 ISO country code
From	FR	M	Message detail — sender. Alpha 3 ISO country code
Flag state	FS	O
Type of message	TM	M	Message detail — message type ‘POS’
Radio call sign	RC	M	Vessel detail — international radio call sign of vessel
Contracting party internal reference number	IR	O	Vessel detail. Unique contracting party number (flag State ISO-3 code followed by number)
External registration number	XR	M	Vessel detail — number marked on side of vessel
Latitude	LA	M	Vessel position detail — position in degrees and minutes N/S DDMM (WGS-84)
Longitude	LO	M	Vessel position detail — position in degrees and minutes E/W DDMM (WGS-84)
Cap	CO	M	Vessel course 360o scale
Speed	SP	M	Vessel speed in tenths of knots
Date	DA	M	Vessel position detail — date of record of UTC position (YYYYMMDD)
Time	TI	M	Vessel position detail — time of record of UTC position (HHMM)
End record	ER	M	System detail — indicates end of record
Character set. ISO 8859.1 Each data transmission is structured as follows: — a double slash (//) and field code indicate the start of the message, — a single slash (/) separates the field code and the data. Optional data elements must be inserted between the start and end of the record.	Character set. ISO 8859.1 Each data transmission is structured as follows: — a double slash (//) and field code indicate the start of the message, — a single slash (/) separates the field code and the data. Optional data elements must be inserted between the start and end of the record.	Character set. ISO 8859.1 Each data transmission is structured as follows: — a double slash (//) and field code indicate the start of the message, — a single slash (/) separates the field code and the data. Optional data elements must be inserted between the start and end of the record.	Character set. ISO 8859.1 Each data transmission is structured as follows: — a double slash (//) and field code indicate the start of the message, — a single slash (/) separates the field code and the data. Optional data elements must be inserted between the start and end of the record.

Appendix 4

LIMITS OF MOROCCAN FISHING ZONES

COORDINATES OF FISHING ZONES

Datasheet	Category	Fishing zone (latitude)	Distance from the coast
1	Small-scale fishing/north: pelagic species	34o 18'N — 35o 48'N	Beyond 2 miles
2	Small-scale fishing/north: longline	34o 18'N — 35o 48'N	Beyond 6 miles
3	Small-scale fishing/south	South of 30o 40'	Beyond 3 miles
4	Demersal fishing	South of 29o 00'	Longliners: Beyond 12 miles
4	Demersal fishing	South of 29o 00'	Trawlers: Beyond the 200 metre isobath
5	Tuna fishing	The entire Atlantic apart from the area delimited by: 35o 48'N; 6o 20'W/33o 30'N; 7o 35'W	Beyond 3 miles and 2 miles for bait
6	Industrial pelagic fishing	South of 29o 00'N	Beyond 15 miles

Appendix 5

ADDRESS OF MOROCCAN FMC

Name of FMC: CSC (Centre de Surveillance et de Contrôle de la pêche [Fisheries Monitoring and Control Centre])

VMS Tel. (212) 37 68 81 46

VMS Fax (212) 37 68 81 34

VMS E-mail: alaouihamd@mpm.gov.ma; fouima@mpm.gov.ma

FMC Tel.

FMC Fax

Address X25 = X25 not used

Declaration of entries/exits: via radio station (Appendix 8)

Appendix 6

ICCAT LOGBOOK FOR TUNA FISHERY

Image omitted; see official source

Text of image

Longline

Live bait

Purse Seine

Trawl

Others

Name of vessel:

……………….…………………………………………………………………….

Gross Tonnes:

………………………………………………….............................

Boat LEFT:

Boat RETURNED:

Month

Day

Year

Port

Flag Country:

…………………..………………………………………………..............

Capacity - (MT): ……………………………………………........

Registration number: ………………………………………………………………...................................

Master: ………………………………………………………....

Owner: …………………………………………………………..........................

No of crew: ….…………………………………………………........................

Address: …………………………………………………………………………....

Reporting date:

………………………………………………......

(Reported by): ……………………………………………….................................

No of days at sea:

No of fishing days:

No of sets made:

Trip No:

Date:

Area

Surf. Water Temp.

(^oC)

Effort

No of hooks used

Catches

Bait used

Month

Day

Latitude N/S

Longitude E/W

Bluefin tuna

Thunnus

thynnus or

maccoyi

Yellowfin

Tuna Thunnus

albacares

(Bigeye Tuna)

Thunnus

obesus

(Albacore)

Thunnus

alalunga

((Swordfish)

Xiphias

gladius

(Striped marlin)

(White Marlin)

Tetraptunus

audax or albidus

(Black Marlin)

Makaira

indica

(Sailfish)

Istiophorus albicane or platypterus

Skipjack

Katsuwonus

pelamis

(Mixed catches)

Daily Total

(weight in kg only)

Saury

Squid

Live bait

(Other)

No

Weight kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

LANDING WEIGHT (IN KG)

Remarks:

1 - Use one sheet per month, and one line per day.

3 - "Day" refers to the day you set the line

5 - The bottom line - landing weight - should be completed only at the end of each trip. Actual weight at the time of unloading should be recorded

2 - At the end of each trip forward a copy of the log to your correspondent or to ICCAT, General Mola 8, Madrid 28002. Spain.

4 - Fishing area refers to the position of the boat. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W.

6 - All information reported herein will be kept strictly confidential

Appendix 7

FISHING LOG

Image omitted; see official source

Text of image

HEADING

No 1

Day

Month

Year

Time

Name of vessel (1) ……………………………..

Left (4) ……………….

Radio call sign (2) ………………………………

Master's name (3) ……………………………..

Returned (5) ………………...

Date (6)

Date (6)

Fishing gear (7)

Gear code (8)

Mesh size (9)

Gear measurements (10)

Master's signature (11)

HEADING No 2

HEADING No 3: Delete list A or B (whichever is unused)

HEADING No 4

Date (12)

Area sector

(13)

Number of fishing operations (14)

Fishing time (hours)

(15)

Estimate of quantities caught per species (in kg) (16)

(or comments if fishing is interrupted)

Total weight of catch (kg) (17)

Total weight of fish (kg) (18)

Total weight of fish meal (kg) (19)

Horse mackerel A

Sardines

Sardinellas

Anchovy

Mackerel

Scabbardfish

Tunas

Hake

Red bream

Squid

Cuttle-fish

Octopus

Shrimps

Prawns

Other fish

Craw-fish B

Deep-water shrimp

Deep-water rose shrimp

Blue-and-red shrimp

Other shrimp

Albacore

Pink spiny lobster

Other crustaceans

Rough ray

Hake

Other fish

Misc. cephalopods

Misc. shells

Appendix 8

DETAILS OF THE SEA FISHERIES DEPARTMENT RADIO STATION

MMSI:	242 069 000
Call sign:	CNA 39 37
Location:	Rabat
Frequency range:	1,6 to 30 MHz
Class of transmission:	SSB-AIA-J2B
Transmission power:	800 W

Working frequencies

Bands	Channels	Transmission	Reception
Band 8	831	8 285 kHz	8 809 kHz
Band 12	1206	12 245 kHz	13 092 kHz
Band 16	1612	16 393 kHz	17 275 kHz

Station operating hours

Period	Times
Working days	from 08.30 to 16.30
Saturday, Sunday and public holidays	from 09.30 to 14.00
VHF:	Channel 16
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Radio Telex:
	Type:
	Class of transmission:
	Number:
Fax:
	Numbers