Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001

TITLE I INTRODUCTORY PROVISIONS

Article 1

Object

This Regulation lays down technical conservation measures applicable to the capture and landing of certain stocks of highly migratory species as referred to in Annex I and to the capture of by-catches.

Article 2

Scope

Without prejudice to Article 9, this Regulation shall apply to vessels flying the flag of a Member State and registered in the Community, hereinafter ‘Community fishing vessels’.

Article 3

Definitions

For the purposes of this Regulation:

• 1. ‘Highly migratory species’ means the species listed in Annex I.

• 1. ‘Tunas and related species covered by ICCAT’ means the species listed in Annex II.

• 1. ‘Leisure fisheries’ means fishing activities exploiting living aquatic resources for recreation or sport.

• 1. ‘Encircling nets’ means nets which catch fish by surrounding them both from the sides and from below; they may or may not be equipped with a purse line.

• 1. ‘Purse seines’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed. Purse seines may be used to catch small pelagic species, large pelagic species or demersal species.

• 1. ‘Longlines’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on the target species. It may be deployed either vertically or horizontally to the sea surface; it may be set either at or near the bottom (bottom-set longline) or drifting in midwater or near the surface (surface longline).

• 1. ‘Hook’ means a bent, sharpened piece of steel wire usually with barb. The point of a hook may be either straight or even reversed and curved. The shank can be of varying length and form and its cross section can be round (regular) or flattened (forged). The total length of a hook shall be measured as the maximum overall length of the shank from the tip of the hook which serves for fastening the line and is usually shaped as an eye, to the apex of the bend. The width of a hook shall be measured as the greatest horizontal distance from the external part of the shank to the external part of the barb.

• 1. ‘Fish-aggregating devices (FADs)’ means any equipment floating on the sea surface and with the objective of attracting fish.

• 1. ‘Pole and line tuna vessel’ means vessels equiped for catching tuna by pole and line.

Article 4

Areas

For the purposes of this Regulation, the following definitions of maritime waters shall apply:

TITLE III TECHNICAL MEASURES APPLICABLE IN AREA 2

TITLE V TECHNICAL MEASURES APPLICABLE IN AREA 4

TITLE VI GENERAL PROVISIONS

Article 29

Marine mammals

TITLE VII FINAL PROVISIONS

Article 30

Comitology

The measures to be taken under Articles 6(4) and 8(2) shall be adopted in accordance with the procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002.

Article 31

Repeal

Regulation (EC) No 973/2001 is hereby repealed.

Article 32

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

List of highly migratory species

• — Albacore: Thunnus alalunga

• — Bluefin tuna: Thunnus thynnus

• — Bigeye tuna: Thunnus obesus

• — Skipjack tuna: Katsuwonus pelamis

• — Atlantic bonito: Sarda sarda

• — Yellowfin tuna: Thunnus albacares

• — Blackfin tuna: Thunnus atlanticus

• — Little tuna: Euthynnus spp.

• — Southern bluefin tuna: Thunnus maccoyii

• — Frigate tuna: Auxis spp.

• — Oceanic sea breams: Bramidae

• — Marlins: Tetrapturus spp.; Makaira spp.

• — Sailfish: Istiophorus spp.

• — Swordfish: Xiphias gladius

• — Sauries: Scomberesox spp.; Cololabis spp.

• — Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselis

• — Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae Rhincodon typus; Carcharhinide; Sphyrnidae; Isuridae; Lamnidae

• — Cetaceans (whales and porpoises): Physeteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae; Delphinidae