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Document 02007R0520-20221115
Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001
Consolidated text: Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001
Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001
02007R0520 — EN — 15.11.2022 — 004.001
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COUNCIL REGULATION (EC) No 520/2007 of 7 May 2007 (OJ L 123 12.5.2007, p. 3) |
Amended by:
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Official Journal |
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L 340 |
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22.12.2007 |
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REGULATION (EU) 2017/2107 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 November 2017 |
L 315 |
1 |
30.11.2017 |
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REGULATION (EU) 2021/56 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 January 2021 |
L 24 |
1 |
26.1.2021 |
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REGULATION (EU) 2022/2056 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 October 2022 |
L 276 |
1 |
26.10.2022 |
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COUNCIL REGULATION (EC) No 520/2007
of 7 May 2007
laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001
TITLE I
INTRODUCTORY PROVISIONS
Article 1
Object
This Regulation lays down technical conservation measures applicable to the capture and landing of certain stocks of highly migratory species as referred to in Annex I and to the capture of by-catches.
Article 2
Scope
Without prejudice to Article 9, this Regulation shall apply to vessels flying the flag of a Member State and registered in the Community, hereinafter ‘Community fishing vessels’.
Article 3
Definitions
For the purposes of this Regulation:
‘Highly migratory species’ means the species listed in Annex I.
‘Tunas and related species covered by ICCAT’ means the species listed in Annex II.
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‘Leisure fisheries’ means fishing activities exploiting living aquatic resources for recreation or sport.
‘Encircling nets’ means nets which catch fish by surrounding them both from the sides and from below; they may or may not be equipped with a purse line.
‘Purse seines’ means any encircling net the bottom of which is drawn together by means of a purse line at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed. Purse seines may be used to catch small pelagic species, large pelagic species or demersal species.
‘Longlines’ means a fishing gear which comprises a main line carrying numerous hooks on branch lines (snoods) of variable length and spacing depending on the target species. It may be deployed either vertically or horizontally to the sea surface; it may be set either at or near the bottom (bottom-set longline) or drifting in midwater or near the surface (surface longline).
‘Hook’ means a bent, sharpened piece of steel wire usually with barb. The point of a hook may be either straight or even reversed and curved. The shank can be of varying length and form and its cross section can be round (regular) or flattened (forged). The total length of a hook shall be measured as the maximum overall length of the shank from the tip of the hook which serves for fastening the line and is usually shaped as an eye, to the apex of the bend. The width of a hook shall be measured as the greatest horizontal distance from the external part of the shank to the external part of the barb.
‘Fish-aggregating devices (FADs)’ means any equipment floating on the sea surface and with the objective of attracting fish.
‘Pole and line tuna vessel’ means vessels equiped for catching tuna by pole and line.
Article 4
Areas
For the purposes of this Regulation, the following definitions of maritime waters shall apply:
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Area 2
all waters of the Indian Ocean covered by the Agreement for the establishment of the IOTC as defined in Article 2 thereof.
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CHAPTER 1
Restrictions on the use of certain types of vessels and gears
Article 5
Protection of bigeye tuna in certain tropical waters
Fishing by purse seiners and pole-and-line tuna vessels shall be prohibited during the period 1 to 30 November in the following area:
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Article 7
Fishing for skipjack, bigeye and yellowfin tuna in certain Portuguese waters
It shall be prohibited to retain on board any quantity of skipjack, bigeye or yellowfin tuna caught using purse seines in waters under the sovereignty or jurisdiction of Portugal in ICES subarea X north of 36°30′ N or in CECAF areas north of 31° N and east of 17°30′ W, or to fish for those species in the said areas with the said gears.
CHAPTER 2
Minimum size
Article 8
Sizes
Article 9
Prohibitions
Article 10
Measurement of size
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CHAPTER 3
Restrictions on the number of vessels
Article 12
North Atlantic bigeye and albacore tuna
The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall determine the number and total capacity in gross tonnage (GT) of Community fishing vessels greater than 24 metres in length fishing in Area 1 for bigeye tuna as a target species. These shall be determined:
as the average number and the capacity in GT of Community fishing vessels fishing in Area 1 for bigeye tuna as a target species during the period 1991 to 1992; and
on the basis of the restriction on the number of Community vessels fishing for bigeye tuna in 2005 notified to ICCAT on 30 June 2005.
The Council, acting in accordance with the procedure laid down in Article 20 of Regulation (EC) No 2371/2002, shall distribute among the Member States:
the number and capacity in GT determined in accordance with paragraph 1;
the number of vessels determined in accordance with paragraph 2.
Before 15 May each year each Member State shall send the Commission by the customary means of data transmission:
a list of vessels flying its flag and greater than 24 metres in length fishing for bigeye tuna;
a list of vessels flying its flag and participating in a fishery targeting albacore tuna in the North Atlantic.
The Commission shall send this information to the ICCAT Secretariat before 31 May each year.
CHAPTER 4
Species not targeted and sport and recreational fishing
Article 13
Marlins
Member States shall encourage the use of monofilament streamer lines on swivels so that live blue marlins and white marlins may be easily released.
Article 14
Sharks
Article 15
Sea turtles
Member States shall encourage the release of live sea turtles captured accidentally.
Article 16
Sport and recreational fishing in the Mediterranean
Article 17
Report
Member States shall send the Commission not later than 15 August each year a report on the implementation of this Chapter.
TITLE III
TECHNICAL MEASURES APPLICABLE IN AREA 2
CHAPTER 1
Restrictions on the number of vessels
Article 18
Number of authorised vessels
CHAPTER 2
Species not targeted
Article 19
Sharks
Article 20
Sea turtles
The use of all fishing gear shall be subject to the following conditions:
appropriate handling, including the recovery or prompt release of sea turtles caught accidentally (by hooks or nets) or as by-catch;
the presence on board of equipment necessary for the release of sea turtles caught accidentally or as by-catch.
The use of the purse seine shall be subject to the following conditions:
an obligation to avoid, where possible, encircling sea turtles;
the development and application of specifications for appropriate gear for minimising by-catches of sea turtles;
the adoption of all the measures necessary for releasing encircled or caught sea turtles;
the adoption of all the measures necessary for monitoring fish-aggregating devices in which sea turtles could be caught, to release those taken and recover devices that are not used.
The use of longlines shall be subject to the following conditions:
the development and putting in place of combinations of hook shapes, type of lures, depth and design of nets and fishing practices to minimise accidental catches or by-catches and mortality of sea turtles;
the presence on board of equipment necessary for releasing sea turtles caught accidentally or as by-catch. including tools for unhooking them or cutting the lines and landing nets.
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TITLE V
TECHNICAL MEASURES APPLICABLE IN AREA 4
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TITLE VI
GENERAL PROVISIONS
Article 29
Marine mammals
TITLE VII
FINAL PROVISIONS
Article 30
Comitology
The measures to be taken under Articles 6(4) and 8(2) shall be adopted in accordance with the procedure laid down in Article 30(3) of Regulation (EC) No 2371/2002.
Article 31
Repeal
Regulation (EC) No 973/2001 is hereby repealed.
Article 32
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of highly migratory species
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( 1 ) OJ L 5, 9.1.2004, p. 25. Regulation as amended by Regulation (EC) No 1799/2006 (OJ L 341, 7.12.2006, p. 26).