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Regulation (EU) 2023/2124 of the European Parliament and of the Council of 4 October 2023 on certain provisions for fishing in the General Fisheries Commission for the Mediterranean (GFCM) Agreement area (recast)

article  44

CELEX:  32023R2124

Catch limits
1. Each Member State may establish a system of individual daily and/or annual harvest and/or fishing effort limits for their authorised fishers and their authorised fishing vessels. Such limits shall be consistent with the number of fishing authorisations granted, the annual harvest limits and fishing effort limits set for the Member State concerned.
2. When, for a given year and a properly identified red coral bank, or, at the scale of the relevant GFCM statistical rectangle if the red coral bank has not been properly identified, the proportion of colonies harvested below the minimum conservation reference size, as provided for in Article 42, is:
(a) less than 10 % of the total catch harvested from a given red coral bank for a given year, Member States not having a national management plan in place shall implement stricter control measures over the area concerned;
(b) more than 10 % and less than 25 % of the total catch harvested from a given red coral bank for a given year, the Member States shall implement stricter control over the area concerned and survey the size structure of the red coral population, irrespective of the existence of a national management plan.
Regulation (EU) 2023/2124 of the European Parliament and of the Council of 4 October 2023 on certain provisions for fishing in the General Fisheries Commission for the Mediterranean (GFCM) Agreement area (recast)

article  44

CELEX:  32023R2124

3. When a trigger catch level of red coral as referred to in paragraphs 4 and 5 has been reached, Member States shall close the area concerned to any red coral fishery.
4. The trigger catch level shall be deemed to be reached when colonies of red coral whose basal diameter is lower than 7 mm exceed 25 % of the total catch harvested from a given red coral bank for a given year.
5. Where coral banks have not yet been properly identified, the trigger catch level and the closure provided for in paragraph 3 shall apply at the scale of the relevant GFCM statistical rectangle.
6. Member States shall take the necessary measures to implement precautionary closures provided for in paragraph 3. In their decision establishing a closure, Member States shall define the geographical area of the affected harvest ground, the duration of the closure and the conditions governing fisheries in that area during the closure, as well as the conditions for reopening the fishery.
Regulation (EU) 2023/2124 of the European Parliament and of the Council of 4 October 2023 on certain provisions for fishing in the General Fisheries Commission for the Mediterranean (GFCM) Agreement area (recast)

article  44

CELEX:  32023R2124

7. Member States may implement a move-on rule for fishing vessels to cease fishing and move in the direction least likely to result in further encounters from the colonies, with a view to avoiding the trigger catch level referred to in paragraph 4 and ensuring the optimal exploitation and recovery of the colonies.
8. When Member States implement a move-on rule referred to in paragraph 7, they shall immediately notify the Commission thereof and the Commission shall notify the GFCM Secretariat.
9. Member States may implement a crop rotation system between their red coral banks to ensure an optimal exploitation and recovery of the colonies.
10. When Member States implement a crop rotation system referred to in paragraph 9, they shall immediately notify the Commission thereof and the Commission shall notify the GFCM Secretariat.