31987R3982
31 . 12 . 87 Official Journal of the European Communities No L 375 / 53
COUNCIL REGULATION ( EEC ) No 3982 / 87
of 15 December 1987
laying down for 1988 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of certain non-member countries in the 200-nautical-mile zone off the coast of the French department of Guiana
THE COUNCIL OF THE EUROPEAN COMMUNITIES , whose vessels fish in the zone of the said department and whereas therefore a number of those licences are subject to changes on the basis of that scientific advice ; Having regard to the Treaty establishing the European Economic Community , Whereas the technical and control measures applicable pursuant to Regulation (EEC ) No 4040 / 86 should be Having regard to Council Regulation (EEC ) No 170 / 83 of maintained and , should this prove necessary , sup plemented , 25 January 1983 establishing a Community system for the conservation and management of fishery resources (*), and in particular Article 1 1 thereof,
HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ,
Whereas under the terms of Article 2 of Regulation ( EEC ) Article 1 No 170 / 83 it is incumbent upon the Council to formulate , in the light of the available scientific advice the Vessels flying the flag of one of the countries listed in conservation measures necessary to achieve the aims set out Annex I shall be authorized , during the period from in Article 1 of that Regulation ; 1 January to 31 December 1988 to fish for the species listed in the said Annex in the part of the 200-nautical-mile fishing zone off the coast of the French department of Whereas , since 1977 , the Community has operated a Guiana that lies more than 12 nautical miles from the base system of conservation and management of fishery lines , in conformity with the conditions laid down in this resources applicable to vessels flying the flag of certain non-member countries in the 200-nautical-mile zone off the Regulation . coast of the French department of Guiana most recently laid down by Council Regulation (EEC) No 4040 / 86 ( 2 ); whereas the latter Regulation expires on 31 December Article 2 1987 ; 1 . Fishing in the fishery zone referred to in Article 1 shall be subject to the possession on board of a licence , issued by Whereas the continuity of the system should be assured , in the Commission on behalf of the Community, and to the particular by maintaining the restriction on some fish observance of the conditions set out in that licence and the stocks in the zone in order to conserve the stock and ensure control measures and other provisions regulating fishing adequate profitability for the fishermen concerned ; activities in that zone .
Whereas the processing industry based in the French 2 . Applications for licences shall be submitted by the department of Guiana depends on landings from vessels of authorities of the non-member countries concerned to the non-member countries operating in the fishing zone off that Commission's services at least 15 working days before the department; desired date of commencement of validity . Licences will be issued to the authorities of the third countries concerned . Whereas, therefore , it is necessary to ensure that those vessels which are under contract to land their catches in the French department of Guiana can continue to fish ; 3 . Where no application for the grant of a licence , as referred to in point 1 of Annex I , has been submitted within 15 working days of the date of entry into force of Whereas shrimp fishing licences calculated on the basis of this Regulation , the Commission , at the request of the scientific advice have been issued to non-member countries French authorities , may issue licences , via the French authorities , to the shipowners of the relevant non-member countries .
0 ) OJ No L 24 , 27 . 1 . 1983 , p . 1 . 4 . The registration letters and numbers of a vessel in ( 2 ) OJ No L 376 , 31 . 12 . 1986 , p . 101 . possession of a licence must be clearly marked on both
No L 375 / 54 Official Journal of the European Communities 31 . 12 . 87
sides of the prow and on both sides of the superstructure at 4 . All licences referred to in paragraph 1 issued to vessels the most visible point . The letters and numbers must be of a non-member country shall cease to be valid as soon as painted in a colour that contrasts with the colour of the it is established that the quota laid down in point 2 of hull or superstructure and must not be obliterated , altered , Annex I for that country has been used up . covered or masked in any other way .
Article5¶
Article 3 1 . Licences may be issued for the fishing of species other than shrimps to vessels flying the flag of one of the countries listed in point 3 of Annex I. The maximum 1 . The maximum number of licences , as well as the number of such licences for each country shall be as maximum number of temporary renewable licences that specified in point 3 of Annex I. may be issued for shrimp fishing on the basis of scientific advice to vessels flying the United States flag and which are under contract to land all their catches in the French 2 . Snapper fishing licences shall be granted subject to an department of Guiana is specified in point 1 of Annex I. undertaking by the owner of the vessel concerned to land 75 % of the catches in the French department of Guiana .
2 . The licences referred to in paragraph 1 shall cease to be 3 . Shark fishing licences shall be granted subject to an valid when the contract stipulating the obligation to land undertaking by the owner of the vessel concerned to land the catches comes to an end , and in any event not later than 50 % of the catches in the French department of Guiana . 31 December 1988 .
Article 6 3 . The duration of the validity of temporary licences shall be limited to three-month periods . To provide for a 1 . The following information shall accompany possible increase in the number of vessels flying the flag of applications for licences submitted to the Commission : a Member State in the zone referred to in Article 1 , some ( a ) name of the vessel ; temporary licences may not be renewed . In the event of such increase , the Member State concerned shall inform the ( b ) registration number; Commission services at the latest one month before the expiry of the validity of the temporary licences . ( c) external identification letters and numbers ;
(d ) port of registration ;
4 . The number of licences referred to in paragraph 1 may ( e) name and address of the owner or charterer ; be revised if the scientific advice states that there has been a substantial change in stocks . ( f) gross tonnage and overall length ;
( g) engine power ;
( h ) call sign and radio frequency ; Article 4 ( i) intended method of fishing ; 1 . Licences may be issued for shrimp fishing to vessels (j ) species intended to be fished ; which fly the flag of one of the countries listed in point 2 of Annex I. The catch quantities authorized under such ( k) period for which a licence is requested . licences , the maximum number of licences and the maximum number of days at sea during which such 2 . Each licence shall be valid for one vessel only . Where licences are valid shall be as specified for each country in several vessels are taking part in the same fishing operation , point 2 of Annex I. each vessel must be in possession of a licence .
2 . The licences referred to in paragraph 1 shall be issued Article 7 on the basis of a fishing plan submitted by the authorities of the country concerned , approved by the Commission 1 . To obtain a licence as referred to in Article 3 , proof and not exceeding the limits for the country concerned must be produced , in respect of each of the vessels specified in point 2 of Annex I. concerned , that a valid contract exists between the shipowner applying for the licence and a shrimp-processing undertaking situated in the French department of Guiana 3 . The period of validity of each of the licences referred to and that it includes an obligation to land all catches of in paragraph 1 shall be limited to the fishing period shrimps from the vessel concerned in that department so provided for in the fishing plan on the basis of which the that they may be processed , packed and stored in that licence was issued . undertaking's plant .
31 . 12 . 87 Official Journal of the European Communities No L 375 / 55
2 . The contract referred to in paragraph 1 must be 4 . Shark fishing shall be authorized only for vessels using endorsed by the French authorities , which shall ensure that long lines or mesh nets having a minimum mesh of 100 mm it is consistent both with the actual capacity of the and shall be forbidden in waters of a depth less than 30 metres . contracting processing undertaking and with the objectives for the development of the Guianese economy , as well as with the entry into service of shrimp fishing vessels registered in Guiana . A copy of the duly endorsed contract Article 11 shall be appended to the licence application .
A log-book, a model of which appears in Annex II , shall be 3 . Where the endorsement referred to in paragraph 2 is completed after each fishing operation . A copy of this refused , the French authorities shall give notification of this log-book shall be sent to the Commission within 30 days of refusal and state their reasons for it to the party concerned the last day of each fishing trip via the French and the Commission . authorities .
Article8¶
1 . To obtain a fishing licence for snapper or shark, as 1 . The master of each vessel in possession of a licence referred to in Article 5 , proof must be produced , in respect referred to in Articles 4 and 5 ( 1 ), as concerns tuna fishing, of each of the vessels concerned , that a valid contract exists shall observe the special conditions set out in Annex III , between the shipowner applying for the licence and a and in particular forward the information specified in the processing undertaking situated in the French department Annex . These conditions shall form an integral part of the of Guiana and that it includes an obligation to land at least licence . 75 % of all snapper catches , or 50 % of all shark catches from the vessel concerned in that department so that they may be processed in that undertaking's plant . 2 . The master of each vessel in possession of a licence as referred to in Articles 3 and 5 ( 2 ) and ( 3 ) shall , on landing the catch after each trip , submit to the French authorities a 2 . The contract referred to in paragraph 1 must be declaration , for whose accuracy the master alone is endorsed by the French authorities , which shall ensure that responsible , stating the quantities of shrimp caught and it is consistent both with the actual capacity of the kept on board since the last declaration . This declaration contracting processing undertaking and with the objectives shall be made using the form of which a model appears in for the development of the Guianese economy . A copy of Annex IV . the duly endorsed contract shall be appended to the licence application .
Article 13 3 . Where the endorsement referred to in paragraph 2 is refused , the French authorities shall give notification of this 1 . The French authorities shall take all appropriate refusal and state their reasons for it to the party concerned measures to verify the accuracy of the declarations referred and the Commission . to in Article 12 ( 2), by checking them in particular against the log-book referred to in Article 1 1 . The declaration shall be signed by the competent official after it has been verified . Article 9
Licences may be cancelled with a view to issuing new 2 . The French authorities shall ensure that all landings of licences . Such cancellation shall take effect on the date of shrimps in the French department of Guiana by vessels in issuance of the new licence by the Commission . possession of a licence as referred to in Articles 3 and 5 ( 2) and ( 3 ) shall be the subject of a declaration as referred to in Article 12 ( 2 ). Article 10
3 . Before the end of each month , the French authorities 1 . Fishing for shrimps of the species Penaeus subtilis and shall send to the Commission all the declarations referred Penaeus brasiliensis shall be forbidden in waters of a depth to in paragraph 2 relating to the preceding month . less than 30 metres. During these fishing activities carried out by vessels using trawls , by-catches shall be permitted .
Article 14 2 . Tuna fishing shall be authorized only for vessels using long lines . The granting of licences to vessels from third countries shall be subject to the undertaking by the owner of the 3 . Snapper fishing shall be authorized only for vessels vessel concerned to permit an observer to come on board at using long lines or traps . the Commission's request .
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Article IS has been withdrawn under this Article or which has fished without a licence in the zone referred to in Article 1 . 1 . The French authorities shall take appropriate measures to ensure that the obligations set out in this Regulation are Article 17 complied with , including the regular inspection of vessels .
1 . If, for a period of one month , the Commission receives 2 . Where an infringement is formally ascertained , the no communication as referred to in Article 12 ( 1 ) French authorities shall , without delay , and in any event concerning a vessel in possession of a licence referred to in not later than 30 days from the date on which the Articles 4 and 5 , the licence of such vessel shall be infringement was ascertained , inform the Commission of withdrawn . the name of the vessel concerned and of any action they may have taken . 2 . If, for a period of one month , a vessel in possession of a licence as referred to in Article 3 has made no use of it, the Article 16 licence of such vessel shall be withdrawn , except — if the vessel is under repair, 1 . Licences for vessels which have not complied with the obligations provided for in this Regulation , including the — in cases of force majeure. obligation to land all or part of the catches laid down in a contract as referred to in Articles 7 and 8 shall be Article 18 withdrawn .
The period of validity of licences valid on 31 December No licence shall be issued to such vessels for a period of 1986 pursuant to Article 1 of Regulation (EEC ) No four to 12 months from the date on which the infringement 4040 / 86 may be extended , at the request of the authorities was committed . of the country concerned , until 31 January 1988 . Licences thus extended shall be counted against the number of 2 . Where a vessel fishes without a valid licence in the zone corresponding licences laid down in Annex 1 for the referred to in Article 1 , and where that vessel belongs to a duration of the extension , without that total being shipowner or is managed by a natural or legal person who exceeded . has or exercises the management of one or more other vessels to which licences have been issued , one of those licences may be withdrawn . Article 19
3 . The granting of a licence may be refused during the This Regulation shall enter into force on 1 January 1988 . period referred to in paragraph 1 to one or more vessels belonging to a shipowner who owns a vessel whose licence It shall apply until 31 December 1988 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 15 December 1987 .
For the Council
The President
Lars P. GAMMELGAARD
31 . 12 . 87 Official Journal of the European Communities No L 375 / 57
ANNEX I
1 . Licences referred to in Article 3
Vessels flying Maximum number Of which maximum number the flag of of licences of renewable licences
USA 32 11
2 . Licences referred to in Article 4
Vessels flying Quantity of authorized Maximum number of Maximum number of the flag of catches in tonnes vessels with a licence days at sea
Barbados 24 5 200 Guiana 24 5 200 Surinam p.m . p.m . p.m . Trinidad and Tobago 60 8 350
3 . Licences referred to in Article 5
Vessels flying Maximum number Species the flag of of licences
( a ) Tuna Japan token entry Korea token entry ( b ) Snappers Venezuela 25 Barbados 5 (c) Shark Venezuela 3
ANNEX II
FICHE DE PÊCHE LOG SHEET
Nom du navire Nation Vessel name N0 d immatriculation . N0 de licence ZEE - Official No Fishing licence No
Nom du capitaine Nbre equipage Captain's name No in crew
Date Depart de Depart from Débarquement a Date Landed at Nombre de fois Total Crevettes Crevettes conservées à bord Queues Shri-mps retained on board Jour ou nuii où les engins heures de de crevette entières Mois / Month Sonde ont été mis .1 Vivaneaux Requins Thonidés Zone n Day or nigh l'c.ui ' Number pêche « Head-off » « Head-on » Penaeus : Snapper Shark Tuna Jour / Day Depth Hours shrimp subtilis <yphopenaeus (D or N) of times gear shrimp Kroyerii is shot fished (kg) (kg) brasiliensis
31 . 12 . 87 No L 375 / 59 Official Journal of the European Communities
ANNEX 111
Special conditions
1 . Vessels in possession of a licence referred to in Article 4 and 5 ( 1 ) ( Thunnidae ) must communicate information to the Commission of the European Communities in Brussels ( telex 24189 FISEU-B ) via the French authorities at the following times : ( a ) on each entry into zones extending up to 200 nautical miles off the coast of the French department of Guiana , hereinafter called 'the zone'; ( b ) whenever leaving the zone ; (c) whenever entering a port of a Member State ; ( d ) whenever leaving a port of a Member State ; (e) every week in respect of the previous week from the date of entry into the zone referred to in ( a ) or from the date of leaving the port referred to in ( d).
2 . Communications transmitted in accordance with the conditions of the licence at the times specified in 1 above should include the following particulars , where appropriate and should be transmitted in the following order: — name of vessel , — radio call sign , — licence number , — chronological number of the transmission for the trip in question , — indication of which of the types of transmission , as set out in paragraph 1 , is involved , — date , — time , — geographical position , — quantity of each species caught during the fishing operation ( in kilograms), — quantity of each species caught since the previous transmission of information ( in kilograms ), — the geographical coordinates of the position where the catches were made , — quantities of catches , by species , transferred to other vessels ( in kilograms ) since the previous information , — the name , call sign and , where applicable , licence number of the vessel to which the catch was transferred , — the master's name .
3 . The following code must be used in reporting species caught in accordance with paragraph 2 : PEN : Brown shrimp (Penaeidae); BOB : Atlantic sea bob shrimp (Xyphopenaeus kroyerii); TUN : Tunny ; SKH : Shark ; XXX : Other .
4 . In cases where , for reasons of force majeure , the communication cannot be transmitted by the vessel in possession of a licence , the message may be transmitted by another vessel on behalf of the former .
No L 375 / 60 31 . 12 . 87 Official Journal of the European Communities
ANNEX IV
Declaration pursuant to Article 12 (2)
LANDING DECLARATION 1
Name of vessel : Registration No :
Name of master : Name of agent :
Master's signature :
to the Voyage made from the
Port of landing :
Quantity of shrimps landed (in live weight)
'Head-off shrimp : kg
or ( x 1,6) = kg (head-on shrimp )
'Head-on' shrimp : kg
Thunnidae : kg Snapper (Lutjanidae) : kg
Shark: kg Other : kg
(') One copy is kept by the master, one copy is kept by the control officer, and one copy is to be sent to the Commission of the European Communities.