Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks

This Regulation fixes for the years 2009 and 2010 the annual fishing opportunities available to Community fishing vessels for stocks of deep-sea species in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which such fishing opportunities may be used.

1 For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002.

2 The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to: (a) exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002; (b) reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002; (c) additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96; (d) quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96; (e) deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytical’ quotas. However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

1 Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

2 Paragraph 1 shall not apply to catches taken in the course of scientific investigations carried out in accordance with Article 43 of Regulation (EC) No 850/98. Such catches shall not count against the quota.

1 Fishing for orange roughy shall be prohibited in the following sea areas: (a) that sea area enclosed by rhumb lines sequentially joining the following positions: 57°00′ N, 11°00′ W 57°00′ N, 8°30′ W 56°23′ N, 8°30′ W 55°00′ N, 8°30′ W 55°00′ N, 11°00′ W 57°00′ N, 11°00′ W; (b) that sea area enclosed by rhumb lines sequentially joining the following positions: 55°30′ N, 15°49′ W 53°30′ N, 14°11′ W 50°30′ N, 14°11′ W 50°30′ N, 15°49′ W; (c) that sea area enclosed by rhumb lines sequentially joining the following positions: 55°00′ N, 13°51′ W 55°00′ N, 10°37′ W 54°15′ N, 10°37′ W 53°30′ N, 11°50′ W 53°30′ N, 13°51′ W. Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.

2 Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless: (a) all gears carried on board are lashed and stowed during the transit in accordance with the conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93; or (b) the average speed during transit is equal to, or greater than, 8 knots.

3 Member States shall ensure that vessels holding a deep-sea fishing permit are properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union. It shall apply from 1 January 2009.