FantasticSearch

1. The use of towed gears shall be prohibited within 3 nautical miles of the coast or within the 50 m isobath where that depth is reached at a shorter distance from the coast. By way of derogation from the first subparagraph, the use of dredges shall be authorised within 3 nautical miles irrespective of the depth provided that the catch of species other than shellfish does not exceed 10 % of the total live weight of the catch.

2. The use of trawl nets shall be prohibited within 1,5 nautical miles of the coast. The use of boat dredges and of hydraulic dredges shall be prohibited within 0,3 nautical miles of the coast.

3. The use of purse seines shall be prohibited within 300 meters of the coast or within the 50 metres isobath where that depth is reached at a shorter distance from the coast. A purse seine shall not be deployed at depths less than 70 % of the overall drop of the purse seine itself as measured in Annex II to this Regulation.

4. The use of dredges for sponge fishing shall be prohibited within the 50 m isobath and shall not be undertaken within 0,5 nautical miles of the coast.

5. At the request of a Member State, the Commission, in accordance with the procedure provided in Article 30(2) of Regulation (EC) No 2371/2002, shall allow a derogation from paragraphs 1, 2 and 3, on condition that such derogation is justified by particular geographical constraints, such as the limited size of the continental shelf along the entire coastline ◄ of a Member State or the limited extent of trawlable fishing grounds, where the fisheries have no significant impact on the marine environment and affect a limited number of vessels, and provided that those fisheries cannot be undertaken with another gear and are subject to a management plan as referred to in Articles 18 or 19. Member States shall provide up-to-date scientific and technical justifications for such derogation.

6. By way of derogation from paragraph 2, trawl nets may be temporarily used until 31 December 2007 at a shorter distance from the coast than 1,5 nautical miles provided that depth is greater than the 50 metres isobath.

7. By way of derogation from paragraph 3, purse seines may be temporarily used until 31 December 2007 at a shorter distance from the coast than 300 metres or at a depth less than the 50 metres isobath but not less than the 30 metres isobath. Purse seine may be temporarily used, until 31 December 2007 at depths less than 70 % of the overall drop of the purse seine itself as measured in Annex II to this Regulation.

8. By way of derogation from paragraph 2, both boat dredges and hydraulic dredges may be temporarily used until 31 December 2007 at a shorter distance from the coast than 0,3 nautical miles.

9. The derogation referred to in paragraph 5 shall apply only to fishing activities already authorised by Member States and to vessels with a track record in the fishery of more than five years and shall not involve any future increase in fishing effort provided. A list of authorised fishing vessels and their characteristics shall be communicated to the Commission by 30 April 2007 and a comparison with the characteristics of this fleet on 1 January 2000 shall be reported. In addition these fishing activities shall:

(a) fulfil the requirements of Article 4, Article 8(1)(h), Article 9(3)(2) and Article 23;

(b) not interfere with the activities of vessels using gears other than trawls, seines or similar towed nets;

(c) be regulated in order to ensure that catches of species mentioned in Annex III, with the exception of mollusc bivalves, are minimal;

(d) not target cephalopods. Member States concerned shall establish a monitoring plan and report to the Commission every three years from the entry into force of this Regulation. The first report shall be communicated to the Commission before 31 July 2009. In the light of these reports the Commission may take actions in accordance with Article 18 or Article 19(9) of this Regulation.

10. Derogations from paragraphs 1 and 2 shall be allowed for fisheries benefiting from a derogation under Article 4(5) of this Regulation and in accordance with the procedure provided in Article 30(2) of Regulation (EC) No 2371/2002.

11. By way of derogation from paragraph 2, the use of trawl nets between 0,7 and 1,5 nautical miles off the coast shall be authorised subject to the following conditions:

— sea-depth shall not be less than the 50 metres isobath,

— particular geographical constraints such as the limited size of the continental shelf along the entire coastline ◄ of the Member State or the limited extension of trawlable fishing grounds,

— no significant impact on the marine environment,

— compliance with subparagraph 3(a) and (b) of paragraph 9,

— it shall not entail any increase in fishing effort with respect to what is already authorised by Member States. Member States shall notify to the Commission by 30 September 2007 the modalities for applying this derogation. This notification shall include a list of authorised fishing vessels and zones, as identified by geographic coordinates both on land and at sea. Member States concerned shall monitor the fishing activities in the zones concerned and ensure a scientific evaluation. The results of the scientific evaluation shall be communicated to the Commission every three years from the entry into force of this Regulation. The first report shall be communicated to the Commission by 31 July 2009.

If the Commission, on the basis of the notifications provided by Member States in accordance with subparagraphs 2 and 3, or of new scientific advice, considers that the conditions for a derogation are not met, it may, after having consulted the Member State concerned, ask it to amend the derogation or may propose to the Council appropriate measures for the protection of the resources and the environment.

—————