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Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

article  71

CELEX:  02008R0040-20081213

Reduction of sea-birds by-catch
1. Member States shall collect and provide all available information to the IOTC, with copy to the Commission, on interactions with seabirds, including incidental catches by their fishing vessels.
2. Member States shall seek to achieve reductions in levels of seabird by catch across all fishing areas, seasons, and fisheries through the use of effective mitigation measures.
3. Community vessels fishing south of 30°S shall carry and use bird-scaring lines (tori poles) according to following technical provisions:
(a) tori poles shall be in accordance with agreed tori pole design and deployment guidelines adopted by IOTC;
(b) tori lines are to be deployed prior to longlines entering the water at all times south of 30°S;
(c) where practical, vessels shall use a second tori pole and bird-scaring line at times of high bird abundance or activity;
(d) back-up tori lines shall be carried by all vessels and be ready for immediate use.
4. Community surface longline vessels, whilst targeting swordfish, utilising the ‘American longline system’ and equipped with a line-throwing device, shall be exempted from the requirements of paragraph 3.