31979R0395

1 . 3 . 79 No L 51 / 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 395/79 of 28 February 1979 laying down for the period 1 January to 31 March 1979 certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

THE COUNCIL OF THE EUROPEAN by vessels of the other parties within its fishing zone COMMUNITIES, in Skagerrak and part of Kattegat within a distance of four nautical miles from the base-lines ; Having regard to the Treaty establishing the European Economic Community, and in particular Article 103 Whereas under this Agreement the Community, thereof, Norway and Sweden have consulted about regulatory measures for fishing in the area covered thereby ; Having regard to the proposal from the Commission , Whereas in this context the parties have also consulted about regulatory measures for certain fish Whereas on 3 November 1976 the Council adopted a stocks occurring in an area falling within both set of resolutions concerning certain external and Skagerrak and Kattegat ; internal aspects of the common fisheries policy ; Whereas during these consultations delegations agreed Whereas the Community and the Kingdom of to recommend their respective authorities to introduce Norway have negotiated a Framework Agreement on catch limitations for certain species in these areas ; fisheries ; Whereas the proposed catch limitations consist of Whereas the Commission has submitted the Agree­ quotas, allocated to each party, which are not subdi­ ment to the Council for approval ; vided on the basis of the fishing zones of the parties ; Whereas the Community and Norway have held Whereas the Fishery Agreement of 1964 between the consultations concerning their reciprocal fishing allo­ United Kingdom and Norway provides that Norwe­ cations for 1979 ; gian vessels are authorized to fish for dogfish and basking shark in certain areas between six and 12 Whereas during these consultations the delegations nautical miles from the base-lines of the United agreed to recommend that their respective authorities Kingdom ; fix certain catch quotas for 1979 for vessels of the other party ; Whereas these arrangements with Norway cover the whole of 1979 but it would seem appropriate, pending Whereas delegations from the Community and the outcome of the necessary procedures engaged in, Canada have agreed to recommend that their authori­ to establish measures for Norwegian fishing for the ties coordinate their decisions on the allocations to be period 1 January to 31 March 1979 ; given to third parties of certain joint stocks of fish and prawn in Davis Strait and Baffin Bay ; Whereas fishing by Norwegian vessels in the fishing zone of the Community is authorized until 28 Whereas the two delegations have agreed to recom­ February 1979 by Council Regulation (EEC) No mend to their authorities that they allocate to Norway 3150/78 ('); 5 016 tonnes of the said joint stock of prawn of which Whereas, in order to avoid an interruption of the a specified part is to be taken in the Community Community's and Norway's reciprocal fishing activi­ zone ; ties, it is necessary that the Community adopt new Whereas the Agreement of 19 December 1966 arrangements before 28 February 1979 allowing between Denmark, Norway and Sweden concerning fishing by Norwegian vessels in the Community's mutual access to fishing in Skagerrak and Kattegat (') OJ No L 374, 30 . 12. 1978 , p. 9 . provides that each party shall grant access to fishing

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fishing zone in accordance with the arrangements 2. Vessels referred to in paragraph 1 shall keep a agreed upon during the consultations referred to logbook in which the following information is to be above ; entered :

— when fishing in areas other than sub-area XIV as Whereas, in order to comply with this time limit, it is necessary to establish these arrangements as an defined by the International Council for the Explo­ interim measure on the basis of Article 103 of the ration of the Sea (ICES) and zones 0 + 1 as defined in the Annex to the Convention esta­ Treaty, subject to its being included at a later date in blishing the International Commission for North­ the common agricultural policy, West Atlantic Fisheries (ICNAF), the information specified in Annex III,

— when fishing in ICES sub-area XIV and ICNAF zones 0 + 1 , the information specified in Annex HAS ADOPTED THIS REGULATION : V.

3 . Vessels referred to in paragraph 1 shall transmit Article 1 to the Commission :

1 . Fishing by vessels flying the flag of Norway in — when fishing in areas other than ICES sub-area the 200 nautical mile fishing zone of the Member XIV and division IIIa and ICNAF zones 0 + 1 , States in the North Sea, Skagerrak, Kattegat, the Baltic the information specified in Annex IV, Sea, the Labrador Sea, Davis Strait, Baffin Bay and the Atlantic Ocean north of 43° N shall be authorized for — when fishing in ICES sub-area XIV and ICNAF the period 1 January to 31 March 1979 for the species zones 0 + 1 , the information specified in Annex VI . mentioned in Annex I within the geographical and quantitative limits laid down therein and in accor­ dance with the conditions laid down in this Regula­ This information is to be transmitted according to the tion . rules set out in the appropriate Annex.

2. Fishing authorized under paragraph 1 shall be limited to the parts of the 200 nautical mile fishing 4. The registration letters and numbers of the zone lying seawards of 12 nautical miles from the vessels referred to in paragraph 1 must be clearly base-lines from which the territorial seas of Member marked on both sides of the bow of the vessel . States are measured with the following exceptions :

(a) fishing in the Skagerrak is allowed seawards of four nautical miles from the base-lines of Denmark ; Article 3

(b) fishing for dogfish and basking shark is allowed in the areas defined in Annex II . 1 . Fishing within ICES sub-area XIV and ICNAF zones 0 + 1 under the quotas established in Article 1 3. Notwithstanding paragraph 1 unavoidable shall be subject to the holding on board of a licence by-catches of a species for which no quota is esta­ issued by the Commission on behalf of the Commu­ blished in a zone ^hall be permitted within the limits nity and to the observance of the conditions set out in fixed in the conservation measures in force in the the licence. However, not more than eight licensed zone concerned. vessels shall be authorized to be present simultane­ ously to fish halibut, Greenland halibut and redfish in the said areas . 4. By-catches in a given zone of a species for which a quota is established in that zone shall be counted against the quota concerned. 2. The number of licences which may be issued for the purpose of paragraph 1 including those which remain valid according to paragraph 5 shall be limited to : Article 2

(a) 13 for fishing halibut, Greenland halibut and 1 . Vessels fishing under the quotas established in redfish ; Article 1 shall comply with the conservation and control measures and all other provisions governing (b) 25 for fishing northern deep-water prawn fishing in the zones referred to in that Article. (Pandalus borealis).

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Article 5 3. Each licence shall be valid for one vessel only. When several vessels take part in the same fishing Fishing for the quotas referred to in Article 1 for operation, each vessel shall be in possession of a mackerel in ICES sub-area IV south of 60° N is prohi­ licence . bited . 4. Licences may be cancelled with a view to the Article 6 issue of new licences. The cancellation shall take Fishing for the quotas referred to in Article 1 for blue effect from the date of the surrender of the licence to ling, ling, tusk, Greenland halibut, halibut and redfish the Commission . is allowed only by use of the method commonly known as 'long-lining'. 5. Licences issued pursuant to Council Regulation (EEC) No 2301 /78 of 29 September 1978 laying down Article 7 the number of licences for vessels flying the flag of Fishing in Skagerrak for the quotas referred to in Norway for fishing within the 200 nautical mile Article 1 is subject to the following provisions : fishing zone of the Member States of the Commu­ 1 . direct fishing for herring is prohibited from 1 nity (l) shall remain valid, if so requested by the January to 31 March 1979 ; Norwegian authorities, until 31 March 1979 at the 2. direct fishing for herring for purposes other than latest. human consumption is prohibited ; 3 . the use of trawl and purse seine for the capture of Article 4 pelagic species is prohibited from Saturday midnight to Sunday midnight. When an application for a licence is submitted to the Commission, the following information shall be Article 8 supplied : The competent authorities of the Member States shall (a) name of the vessel ; take appropriate steps, including the regular inspec­ tion of vessels, to ensure the enforcement of this Regu­ (b) registration number ; lation . (c) external identification letters and numbers ; Article 9 (d) port of registration ; Where an infringement is duly established the (e) name and address of the owner or charterer ; Member States shall, without delay, inform the (f) gross tonnage and overall length ; Commission of the name of the vessel involved and of (g) engine power ; any action they have taken . (h) call sign and radio frequency ; Article 10 (i) intended method of fishing ; This Regulation shall enter into force on the day of its (j) intended area of fishing ; publication in the Official Journal of the European Communities. (k) species for which it is intended to fish ; (1) period for which a licence is requested. It shall apply from 1 January to 31 March 1979 .

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

Done at Brussels, 28 February 1979 .

For the Council

The President

J. LE THEULE

(!) OJ No L 276, 30 . 9 . 1978 , p. 1 .

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ANNEX I

Fishing quotas

(tonnes)

Species Area within which fishing is authorized Quantity

Herring Skagerrak ( ! ) 1 725 (2) (3) Mackerel ICES IV and Skagerrak (') 80 000 (4) ICES Via (5 ) + VIId, e, f, h 35 000 Horse mackerel 5 000 ICES IV, Via (5) + VIId, e, f, h Sprat ICES IV 71 000 Skagerrak (') 12 000 (3 ) Cod ICES IV 6 000 Skagerrak (') 500 (*) Haddock ICES IV 3 000 Skagerrak (') 400 (J) Saithe 12 500 ICES IV and Skagerrak (') Whiting ICES IV 3 500 Skagerrak (') 400 (3) Plaice ICES IV 1 000 Skagerrak (') 200 (3) Sandeel , Norway pout/blue whiting ICES IV 50 000 (*) Blue whiting ICES II, Via (5), VIb, VII (7), XIV 125 000 Ling, blue ling and tusk ICES IV, VI , VII 20 000 Dogfish ICES IV , VI , VII 12 500 (8) Basking shark (9) ICES IV, VI , VII 800 (8) Porbeagle ICES IV, VI , VII 1 000 Northern deep water prawn ICNAF 0 + 1 ( 10) 4 366 (Pandalus borealis) ICES XIV Experimental fishery only Greenland halibut and redfish ICNAF 0 + 1 , ICES XIV 1 800 Halibut ICNAF 0 + 1 , ICES XIV 200 ICES IV 5 000 Other species

(') Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the south by a line drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of Sweden . (2 ) This quota does not include fjord herring, which is caught between the Swedish frontier and the Lindesnes. ( 3) To be reduced by the quantities taken outside the EEC fishing zone. (4 ) Of which no more than 5 000 tonnes may be fished in the parts of ICES sub-area IV situated either south of 60° N or east of 2° E. (5 ) North of 56° 30 ' N. (6) Of which sandeel alone no more than 50 000 tonnes or Norway pout and blue whiting together no more than 13 330 tonnes . ( ?) West of 12° W. (8) This quota does not include catches taken in the areas defined in Annex II . (') Basking shark liver. ( 10) East of the median line and south of 68° N.

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ANNEX II

Zone between six and 12 nautical miles from the base-lines of the territorial sea of the United Kingdom

(a) Fishing for dogfish : the areas extending from a line due west of Ard an Runair (North Uist) north­ wards to a line due east of Start Point (Orkney) including the areas around the Flannan Islands, the Shetland Islands and Fair Isle and the off-lying islands of the St Kilda Group, North Rona and Sulisker, Sule Skerry and Stack Skerry. (b) Fishing for basking sharks : the same areas as for dogfish and also the area between a line due west of the Mull of Oa (Islay) and a line due west of Ard an Runair.

ANNEX III

The following details are to be entered in the log bock after each haul : 1 . The quantity (in kg) of each species caught ; 2. The date and the time of the haul ; 3 . The geographical position in which the catches were made ; 4 . The fishing method used .

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ANNEX IV

The information to be transmitted to the Commission and the timetable for its transmission are as follows : 1.1 . On each occasion the vessel enters the 200 nautical mile fishing zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries : (a) the information specified under point 1.4 below ; (b) the quantity (in kg) of each species of fish in the hold ; (c) when and where fishing is to commence .

1.2. On each occasion the vessel leaves the 200 nautical mile fishing zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries : (a) the information specified under point 1.4 below ; (b) the quantity (in kg) of each species of fish in the hold ; (c) the quantity (in kg) of each species caught since the previous transmission ; (d) the ICES division or ICNAF zone in which the catches were taken ; (e) the quantity (in kg) of each species transferred to other vessels since the vessel entered the Community fishing zone and the identification of the vessel to which the transfer was made ; (f) the quantity (in kg) of each species landed in a port of the Community since the vessel entered the Community fishing zone.

1.3 . At weekly intervals, commencing on the seventh day after the vessel first enters the fishing zone of the Member States : (a) the information specified under point 1.4 below ; (b) the quantity (in kg) of each species caught since the previous transmission ; (c) the ICES division or ICNAF zone in which the catches were made.

1.4. (a) The name, call sign , identification numbers and letters of the vessel and the name of its master ; (b) the licence number if the vessel is under licence ; (c) the serial number of the message ; (d) identification of the type of message ; (e) the date , the time and the geographical position of the vessel .

2.1 . The information specified under point 1 shall be transmitted to the Commission of the Euro­ pean Communities in Brussels (telex address 21877 COMEU) via one of the radio stations listed under point 3 below and in the form specified under point 4.

2.2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel .

3 . Name of radio station Call sign of radio station OXP Skagen Blåvand OXB Norddeich DAF DAK DAH DAL DAI DAM DAJ DAN PCH Scheveningen Oostende OST North Foreland GNF Humber GKZ Cullercoats GCC Wick GKR

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Name of radio station Call sign of radio station Oban GNE Portpatrick GPK GLV Anglesey Ilfracombe GIL Niton GNI Stonehaven GND Portshead GKA GKB GKC Land 's End GLD Valentia EJK Malin Head EJM FFB Boulogne Brest FFU Saint-Nazaire FFO Bordeaux-Arcachon FFC Prins Christians Sund OZN Julianehåb OXF Godthåb OXI Central Godthåb Holsteinsborg OYS Godhavn OZM Velferdsstasjon Færingerhamn 22239 Bergen LGN Farsund LGZ Flora LGL Rogaland LGQ Tjøme LGT Alesund LGA

4 . Form of communications . Transmission of the information specified under point 1 shall take the form of messages preceded by the words 'Pêcheur Brussels' and the information elements shall be given in the following order : — the code 'Pêcheur Brussels ; — name of vessel ; — call sign ; — external identification letters and numbers ; — serial number of the message for the voyage in question ; — indication of the type of message according to the following code : — message — when entering the Community zone : ' IN', — message — when leaving the Community zone : 'OUT', — weekly message : 'WKL' ; — the geographical position j — the ICES division or ICNAF zone in which fishing is expected to commence ; — the date on which fishing is expected to commence ; — the quantity (in kg) of each species of fish in the hold using the code mentioned in point 5 below ; — the quantity (in kg) of each species caught since the previous transmission using the code mentioned in point 5 below ; — the ICES division or ICNAF zone in which the catches were made ; — the quantity (in kg) of each species transferred to other vessels since the previous transmis­ sion ; — the name and call sign of the vessel to which the transfer was made ; — the quantity (in kg) of each species landed in a port of the Community since the previous transmission ; — name of the master.

5 . The code to be used to indicate the quantities of fish on board as mentioned in point 4 above : — A : Deep-water prawn (Pandalus borealis), — B : Hake (Merluccius merluccius), — C : Greenland halibut (Reinhardtius hippoglossoides),

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— D : Cod (Gadus morhua), — E : Haddock (Melanogrammus aeglefinus), — F : Halibut (Hippoglossus hippoglossus), — G : Mackerel (Scomber scombrus), — H : Horse mackerel (Trachurus trachurus), — I : Round-nose grenadier (Coryphaenoides rupestris), — J : Saithe (Pollachius virens), — K : Whiting (Merlangius merlangus), — L : Herring (Clupea harengus), — M : Sandeel (Ammodytes sp .), — N : Sprat (Clupea sprattus), — O : Plaice (Pleuronectes platessa), — P : Norway pout (Trisopterus esmarkii), — Q : Ling (Molva molva), — R : Other, — S : Shrimp (Penaeidae), — T : Anchovy (Engraulis encrasicolus).

ANNEX V

The following details are to be entered in the log-book after each haul : (a) the present position of the vessel ; (b) the quantity (in kg) of each species caught ; (c) the quantity (in kg) of the catch returned to the sea ; (d) the date and time of the beginning and end of the fishing operation ; (e) the ICES division or ICNAF zone and, for prawn fishing, the sub-zone given in Annex I in which the catch has been made ; (f) gear used ; (g) total of each species caught since entry into the zone. In addition, the contents of each transmission in accordance with Annex VI shall be entered in the log-book.

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ANNEX VI

The information to be transmitted to the Commission and the timetable for its transmission are as follows : 1.1 . On each occasion the vessel enters that part of ICES division XIV which is covered by Commu­ nity rules on fisheries, or ICNAF zones 0 + 1 : (a) Name of the vessel ; (b) Licence number ; (c) Identification number marked on the side of the vessel ; (d) Name of the captain ; (e) Radio call sign of the vessel ; (f) The quantity (in kg, round weight) of each species of fish in the hold ; (g) Planned activity including when and where fishing is to take place . 1.2 . At weekly intervals, commencing on the seventh day after the vessel first enters the zone defined in point 1.1 : (a) Name of the vessel ; (b) Licence number ; (c) Identification marked on the side of the vessel ; (d) The present position of the vessel ; (e) Radio call sign of the vessel ; (f) The period covered by the report ; (g) Nominal catch (round weight) in the period for all species caught, specified by ICES division or ICNAF zone and , for prawn fishing, by the sub-zones given in Annex I ; (h) Discards (round weight) specified by species ; (i) Transfers at sea : species, quantities (with specification of round weight or product weight) and the vessel to which it has been transferred ; (j) Date of the report ; (k) Name of the captain . 1.3 . On each occasion the vessel leaves the zone defined in point 1.1 , notice should be given at least 48 hours before leaving the said zone . Before leaving the zone a final report corresponding to the one mentioned under 1.2 must be given . This report must specify the total catches of the vessel by species and by ICES division or ICNAF zone and , for prawn fishing, by the sub-zones given in Annex I. 2.1 . The information specified under point 1 shall be transmitted to the Commission of the Euro­ pean Communities in Brussels (telex address 21877 COMEU) via one of the radio stations listed under point 3 below and in the form specified under point 4 . 2.2 . If it is impossible for reasons of force majeure for the message to be transmitted by the vessel , it may be transmitted on the vessel's behalf by another vessel .

3 . Name of radio station Call sign of radio station Prins Christians Sund OZN OXF Julianehåb Godthåb OXI Central Godthåb OYS Holsteinsborg Godhavn OZM

4 . Form of communication . Transmission of the information specified under point 1 shall be given in the order specified under points 1.1 and 1.2 .