Council Regulation (EC) No 1928/2004 of 25 October 2004 amending Regulation (EC) No 2287/2003 fixing for 2004 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 limitations in catch are required
(a) Kattegat (ICES Division IIIa south), Skagerrak and North Sea (ICES Divisions IVa,b,c, IIIa north and IIa EC), West of Scotland (ICES Division VIa), Eastern Channel (ICES Divisions VIId) and Irish Sea (ICES Division VIIa). (b) For vessels notified to the Commission as being equipped with appropriate vessel monitoring systems, the following definition for the area West of Scotland, (ICES Division VIa) shall apply: ICES Division VIa excluding that part which lies to the west of a line drawn by sequentially joining with straight lines the following geographical coordinates: 60° 00′ N, 04° 00′ W 59° 45′ N, 05° 00′ W 59° 30′ N, 06° 00′ W 59° 00′ N, 07° 00′ W 58° 30′ N, 08° 00′ W 58° 00′ N, 08° 00′ W 58° 00′ N, 08° 30′ W 56° 00′ N, 08° 30′ W 56° 00′ N, 09° 00′ W 55° 00′ N, 09° 00′ W 55° 00′ N, 10° 00′ W 54° 30′ N, 10° 00′ W.
(a) the 24-hour period between 00.00 of a calendar day and 24.00 of the same calendar day or any part of such a period during which a vessel is present within either of the areas defined in point 2 and absent from port, or (b) any continuous period of 24 hours as recorded in the EC logbook during which a vessel is present within either of the areas defined in point 2 and absent from port or any part of any such time period. A Member State which wishes to employ the definition of a day present within the area and absent from port laid down under subpoint (b) shall notify the Commission of the means of monitoring the activities of a vessel to ensure compliance with the conditions laid down in subpoint (b).
(a) demersal trawls, seines or similar towed gear of mesh size equal to or greater than 100 mm except beam trawls; (b) beam trawls of mesh size equal to or greater than 80 mm; (c) static demersal nets including gill nets, trammel nets and tangle nets; (d) demersal longlines; (e) demersal trawls, seines or similar towed gear of mesh size between 70 mm and 99 mm except beam trawls with mesh size between 80 mm and 99 mm; (f) demersal trawls, seines or similar towed gear of mesh size between 16 mm and 31 mm except beam trawls;
(a) The maximum number of days in any calendar month for which a vessel may be present within the area and absent from port having carried on board any one of the fishing gear referred to in point 4 is shown in Table I. Table I Maximum days present within the area and absent from port by fishing gear Area defined in point Grouping of fishing gear referred to in point 4a 4b 4c 4d 4e 4f Kattegat, Skagerrak and North Sea, West of Scotland, Eastern Channel, Irish Sea 10 14 14 17 22 20 (b) A Member State may aggregate the days present within the area and absent from port in Table I within management periods of up to eleven calendar months. Member States shall notify the Commission of their intention to aggregate management periods before the beginning of any aggregated period. (c) An additional number of days on which a vessel may be present within the area and absent from port when carrying on board any of the gear referred to in point 4 may be allocated to Member States by the Commission on the basis of the achieved results of decommissioning programmes that have taken place since 1 January 2002 .Member States wishing to benefit from such allocations shall submit a request to the Commission with reports containing the details of their completed decommissioning programmes. On the basis of such a request the Commission, following consultation with Member States, may amend the number of days defined in point (a) for that Member State. (d) Derogations from the number of days present within the area and absent from port shown in Table I may be allocated to vessels by Member States under the conditions shown in Table II. Member States wishing to apply this higher allocation of days shall notify the Commission with details of the vessels that will benefit and with details of their track records at least two weeks before the higher allocation of days are to be granted. Table II Derogations from days present within the area and absent from port in Table I and associated conditions As verified by the EC logbook — average annual landing in live weight. Notwithstanding this provision, the derogation shall also apply to a maximum of six vessels flying the flag of France and registered in the Community of length overall equal to or greater than 15 metres. A list of such vessels shall be submitted to the Commission before 1 February 2004 .The vessel may be present within the area for the number of days in the month concerned. Area Defined in point 2 Gear defined in point 4 2002 vessel track record Days 2(a) 4(a), 4(e) Less than 5 % of each of cod, sole and plaice no days restriction 2(a) 4(a), 4(b) Less than 5 % cod 100 to < 120 mm up to 14 ≥ 120 mm up to 15 2(a) Kattegat (ICES Division IIIa south), North Sea 4(c) gear of mesh size equal to or greater than 220 mm Less than 5 % cod and more than 5 % of turbot and lumpfish Up to 16 days 2(a) Eastern channel ICES Division VIId 4(c) gear of mesh size equal to or less than 110 mm Vessels of less than 15 m in length with landings of over 35 % unregulated species and absent from port for no more than 24 hours Up to 20 days If this higher allocation of days is given to a vessel, as a result of its low percentage track record of catch of certain species, that vessel shall not at any time retain more than the percentage of those species on board as shown in Table II. When this condition is not met by a vessel, that vessel shall with immediate effect no longer be entitled to the additional days. (e) Upon the request of a Member State the Commission may allocate a derogation under the first line in Table II in respect of the saithe fishery without the requirement for a track record in previous years of fishing with less than 5 % of each of cod, sole and plaice. Along with its request the Member State shall submit details of the vessels that would benefit, with evidence of their quota holding and planned activity. The request shall be submitted to the Commission at least 4 weeks before the beginning of the first management period in which the days are to be allocated. Any vessel allocated extra days under this provision may not at any time retain on board more than 5 % of each of cod, sole and plaice. Inspection and surveillance at sea and in port by the competent authorities shall be undertaken for verification of compliance with the above requirement. Any vessel found to be not complying with the requirement shall with immediate effect no longer be entitled to the additional days. (f) In recognition of the area closure in the Irish Sea for the protection of spawning fish and the assumed reduction in fishing mortality on cod, an additional two days will be available for vessels in groupings of fishing gear 4a and 4b which spend more than half of their allocated days in a given management period fishing in the Irish Sea.
during a given trip the fishing vessel may carry on board only one of the fishing gear referred to in point 4, before any trip the master of a vessel or his representative shall give prior notice to the competent authorities of the type of fishing gear that is to be carried on board unless the type of fishing gear has not changed from the one notified for the previous trip.
(a) In any given management period a vessel that has used the number of days present within the area and absent from port to which it is eligible shall remain in port or out of any area referred to in point 2 for the remainder of the management period unless using unregulated gear as described in point 7. (b) In any given management period a vessel may undertake non-fishing related activities, without that time being counted against its days allocated under point 6, provided that the vessel first notifies the Member State of its intention to do so, the nature of its activity and that it surrenders its fishing licence for this time. Such vessels shall not carry any fishing gear or fish on board during that time.
(a) A Member State may permit any of its fishing vessels to transfer days present within the area and absent from port to which it is eligible to another of its vessels for the same management period and within the same area provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel multiplied by the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Community fishing fleet register. (b) The total number of days present within the area and absent from port transferred under sub-point (a) multiplied by the engine power in kilowatts of the donor vessel shall not be higher than the donor vessel's average annual days as verified by the EC logbook in the years 2001, 2002 and 2003, multiplied by the engine power in kilowatts of that vessel. (c) The transfer of days as described in sub-point (a) shall only be permitted between vessels operating within the same gear grouping and area categories referred to in point 6(a) and during the same management period. (d) No transfer of days from vessels benefiting from the allocation referred to in points 6(d), 6(e) and 7 is permitted. (e) On request from the Commission, Member States shall provide reports on the transfers that have taken place.
the name of the port or landing location, the estimated time of arrival at that port or landing location, the quantities in kilograms live weight for all species of which more than 50 kg is retained on board.
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