31991R3892
31 . 12 . 91 Official Journal of the European Communities No L 367 / 79
COUNCIL REGULATION ( EEC ) No 3892 / 91
of 17 December 1991 laying down for 1992 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
TEH COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas shrimp fishing licences calculated on the basis of scientific advice have been issued to non-member countries whose vessels fish in the zone of the said department; whereas therefore a number of those licences are subject to Having regard to the Treaty establishing the European changes on the basis of that scientific advice; Economic Community,
Whereas the technical and control measures applicable Having regard to Council Regulation (EEC) No 170 / 83 of under Regulation (EEC) No 3935 / 90 should be 25 January 1983 establishing a Community system for the maintained and , should this prove necessary, sup conservation and management of fishery resources ( 1 ), and plemented, in particular Article 11 thereof,
I laving regard to the proposal from the Commission^ HAS ADOPTED THIS REGULATION :
Whereas under the terms of Article 2 of Regulation (EEC) No 170 / 83 it is incumbent upon the Council to formulate, Article 1 in the light of the available scientific advice the conservation measures necessary to achieve the aims set out in Article 1 of that Regulation; Vessels flying the flag of one of the countries listed in Annex I shall be authorized, during the period 1 January to 31 December 1992 to fish for the species listed in the said Annex in the part of the 200-nautical-mile fishing zone off Whereas , since 1977 , the Community has operated a the coast of the French department of Guiana that lies more system of conservation and management of fishery than 12 nautical miles from the base lines, in conformity resources applicable to vessels flying the flag of certain with the conditions laid down in this Regulation . non-member countries in the 200-nautical-mile-zone off the. coast of the French department of Guiana most recently laid down by Council Regulation (EEC ) No 3935 / 90 (2); whereas the latter Regulation expires on 31 December Article 2 1991 ;
1 . Fishing in the fishery zone referred to in Article 1 shall Whereas the continuity of the system should be assured , in be subject to the possession on board of a licence, issued by particular by maintaining the restriction on some fish the Commission on behalf of the Community, and to the stocks in the zone in order to conserve the stock and ensure observance of the conditions set out in that licence and the adequate profitability for the fishermen concerned; control measures and other provisions regulating fishing activities in that zone .
Whereas the processing industry based in the French department of Guinea depends on landings from vessels of 2 . Applications for licences shall be submitted by the 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 3 . The registration letters and numbers of a vessel in French department of Guinea can continue to fish; possession of a licence must be clearly marked on both sides of the prow and on both sides of the superstructure at the most visible point . The letters and numbers must be painted in a colour that contrasts with the colour of the (!) OJ No L 24 , 27 . 1 . 1983 , p . 1 . hull or superstructure and must not be obliterated, altered, (2) OJ No L 378 , 31 . 12 . 1990 , p. 77 . covered or masked in any other way .
No L 367 / 80 Official Journal of the European Communities 31 . 12 . 91
Article3¶
(d) port of registration ; 1 . Licences my.be issued for shrimp fishing to vessels ( e ) name and address of the owner or charterer; which fly the flag of one of the countries listed in point 1 of Annex I. The catch quantities authorized under such (f) gross tonnage and overall length; licences , the maximum number of licences and the maximum number of days at sea during which such ( g) engine power; licences are valid shall be as specified for each country in point 1 of Annex I. (h) call sign and radio frequency;
( i) intended method of fishing; 2. The licences referred to in paragraph 1 shall be issued (j ) species intended to be fished; on the basis of a fishing plan submitted by the authorities of the country concerned, approved by the Commission (k) period for which a licence is requested. and not exceeding the limits for the country concerned specified in point 1 of Annex I. 2 . Each licence shall be valid for one vessel only. Where several vessels are taking part in the same fishing operation, each vessel must be in possession of a licence. 3 . The period of validity of each of the licences referred to in paragraph 1 shall be limited to the fishing period provided for in the fishing plan on the basis of which the licence was issued . Article 6
1 . To obtain, a fishing licence for snapper or shark, as 4. All licences referred to in paragraph 1 issued to vessels referred to in .Article 4 , proof must be produced, in respect of a non-member country shall cease to be valid as soon as of each of the vessels concerned , that a valid contract exists it is established that the quota laid down in point 1 of between the shipowner applying for the licence and a Annex I for that country has been used up . processing undertaking situated in the French department of Guiana and that it includes an obligation to land at least 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. Article 4
2. The contract referred to in paragraph 1 must be 1 . Licences may be issued for the fishing of species other endorsed by the French authorities, which shall ensure that than shrimps to vessels flying the flag of one of the it is consistent both with the actual capacity of the countries listed in point 2 of Annex I. The maximum contracting processing undertaking and with the objectives number of such licences for each country shall be as for the development of the Guianese economy. A copy of specified in point 2 of Annex I. the duly endorsed contract shall be appended to the licence application.
2. Snapper fishing licences shall be granted subject to an 3 . Where the endorsement referred to in paragraph 2 is undertaking by the owner of the vessel concerned to land refused, the French authorities shall give notification of this 75 % of the catches in the French department of Guiana. refusal and state their reasons for it to the party concerned and the Commission .
3 . Shark fishing licences shall be granted subject to an undertaking by the owner of the vessel concerned to land Article 7 50 % of the catches in the French department of Guiana.
Licences may be cancelled with a view to issuing new licences . Such cancellation shall take effect on the date of issuance of the new licence by the Commission. Article 5
1 . The following information shall accompany Article 8 applications for licences submitted to the Commission: 1 . Fishing for shrimps of the species Penaeus subtilis and (a) name of the vessel ; Penaeus brasitiensis shall be forbidden in waters of a depth less than 30 metres. During these fishing activities carried (b) registration number; out by vessels using trawls , by-catches shall be permitted.
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2. Tuna fishing shall be authorized only for vessels using 3 . Before the end of each month , the French authorities long lines. shall send to the Commission all the declarations referred to in paragraph 2 relating to the preceding month.
3 . Snapper fishing shall be authorized only for vessels using long lines or traps .
Article12¶
4. Shark fishing shall be authorized only for vessels using long lines or mesh nets having a minimum mesh of 100 mm The granting of licences to vessels from third countries and shall be forbidden in waters of a depth less than shall be subject to the undertaking by the owner of the 30 metres . vessel concerned to permit an observer to come on board at the Commission's request.
Article9¶
Article 13 A log-book, a model of which appears in Annex II, shall be completed after each fishing operation. A copy of this log-book shall be sent to the Commission within 30 days of 1 . The French authorities shall take appropriate measures the last day of each fishing trip via the French to ensure that the obligations set out in this Regulation are authorities . complied with , including the regular inspection of vessels.
Article 10 2. Where an infringement is formally ascertained, the French authorities shall , without delay, and in any event not later than 30 days from the date on which the 1 . The master of each vessel in possession of a licence infringement was ascertained, inform the Commission of referred to in Articles 3 and 4 ( 1 ), as concerns tuna fishing, the name of the vessel concerned and of any action they shall observe the special conditions set out in Annex III , may have taken. and in particular forward the information specifies in the Annex. These conditions shall form an integral part of the licence .
Article 14 2. The master of each vessel in possession of a licence as referred to in Article 4 (2) and (3 ) shall , on landing the 1 . Licences for vessels which have not complied with the catch after each trip, submit to the French authorities a obligations provided for in this Regulation, including the declaration , for whose accuracy the master alone is obligation to land all or part of the catches laid down in a responsible, stating the quanties of shrimp caught and contract as referred to in Article 6 shall be withdrawn. kept on board since the last declaration. This declaration shall be made using the form of which a model appears in Annex IV . Ho licence shall be issued to such vessels for a period of four to 12 months from the date on which the infringement was committed . Article 11
2. Where a vessel fishes without a valid licence in the zone 1 . The French authorities shall take all appropriate referred to in Article 1 , and where that vessel belongs to a measures to verify the accuracy of the declarations referred shipowner or is managed by a natural or legal person who to in Article 10 (2), by checking them in particular against has or exercises the management of one or more other the log-book referred to in Article 9 . The declaration shall vessels to which licences have been issued , one of those be signed by the competent official after it has been verified . licences may be withdrawn.
2. The French authorities shall ensure that all landings of 3 . The granting of a licence may be refused during the shrimps in the French department of Guiana by vessels in period referred to in paragraph 1 to one or more vessels possession of a licence as referred to in Article 4 (2) and (3 ) belonging to a shipowner who owns a vessel whose licence shall be the subject of a declaration as referred to in Article has been withdrawn under this Article or which has fished 10 (2). without a licence in the zone referred to in Article 1 .
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Article 15 corresponding licences laid down in Annex I for the duration of the extension , without that total being exceeded. If, for a period of one month, the Commission receives no communication as referred to in Article 12 ( 1 ) concerning a vessel in possession of a licence referred to in Articles 3 and 4 , the licence of such vessel shall be withdrawn .
Article17¶
The period of validity of licences valid on 31 December This Regulation shall enter into force on 1 January 1992 . 1991 pursuant to Article 1 of Regulation (EEC) No 3935 / 90 may be extended, at the request of the authorities of the country concerned, until 31 January 1992. Licences thus extended shall be counted against the number of It shall apply until 31 December 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 December 1991 .
For the Council
The President
P. BUKMAN
31 . 12 . 91 Official Journal of the European Communities No L 367/ 83
ANNEX I
1 . Licences referred to in Article 3
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
2. Licences referred to in Article 4
Vessels flying Maximum number Species of licences the flag of
( a) Tuna Japan p.m . Korea p.m . (b) Snappers Venezuela 41 Barbados 5 (c) Shark Venezuela 4
ANNEX II
FICHE DE PÊCHE LOG SHEET
Nom du navire Nation Vessel name N* d'immatriculation N° de licence ZEE - Official No Fishing licence No
Nom du capitaine Nbre equipage Captain's name No in crew
Depart de Date Depart from Débarquement a Date Landed at Nombre de fois Total Queues Crevettes Crevettes conserves k bord oil les engins heures de de crevette entières Shrimps retained on board Mois / Month Sonde Jour ou nuit ont it* mis a Vivaneaux Requins Thonid4s Zone n° l'eau / Number pêche « Head-off» « Head-on » Penaeus : Jour/ Day Depth Day or night Snapper Shark Tuna (D or N ) of times gear Hours shrimp shrimp subtilis Xyphopenaeus is shot fished ( kg) ( kg) brasiliensis Kroyerii
31 . 12 . 91 Official Journal of the European Communities No L 367 / 85
ANNEX III
Special conditions
1 . Vessels in possession of a licence referred to in Articles 3 and 4 ( 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 367 / 86 Official Journal of the European Communities 31 . 12 . 91
ANNEX IV
Declaration pursuant to Article 10 (2 )
LANDING DECLARATION (*)
Name of vessel : Registration No:
Name of master : Name of agent:
Master's signature:
Voyage made from the to the
Port of landing:
Quantity of shrimps landed (in live weight)
'Head-off shrimps: kg
or ( x 1,6) = 1% (head-on shrimps)
'Head-on' shrimps : 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.