31 . 12 . 86 Official Journal of the European Communities No L 376 / 101
COUNCIL REGULATION (EEC) No 4040 / 86
of 22 December 1986
laying down for 1987 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES , whose vessels fish in the zone of the said department and
whereas therefore a number of those licences are subject to
changes on the basis of that scientific advice ;
Whereas the technical and control measures applicable
under Regulation (EEC) No 3729 / 85 should be
maintained and , should this prove necessary ,
supplemented ,
HAS ADOPTED THIS REGULATION:
Article 1
Vessels flying the flag of one of the countries listed in
Annex I shall be authorized , during the period from
1 January to 31 December 1987 to fish for the species listed
in the said Annex in the part of the 200-nautical-mile
fishing zone off the coast of the French department of
Guiana that lies more than 12 nautical miles from the base
lines , in conformity with the conditions laid down in this
Regulation .
Having regard to the Treaty establishing the European
Economic Community ,
Having regard to Council Regulation (EEC) No 170 / 83 of
25 January 1983 establishing a Community system for the
conservation and management of fishery resources (*), and
in particular Article 1 1 thereof,
Having regard to the proposal from the Commission ,
Whereas under the terms of Article 2 of Regulation (EEC)
No 170 / 83 it is incumbent upon the Council to formulate ,
in the light of the available scientific advice the
conservation measures necessary to achieve the aims set out
in Article 1 of that Regulation ;
Whereas , since 1977 , the Community has operated a
system of 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 most recently
laid down by Council Regulation (EEC) No 3729 / 85 ( 2 );
whereas the latter Regulation expires on 31 December
1986 ;
Whereas the continuity of the system should be assured , in
particular by maintaining the restriction on some fish
stocks in the zone in order to conserve the stock and ensure
adequate profitability for the fishermen concerned ;
Whereas the processing industry based in the French
department of Guiana depends on landings from vessels of
non-member countries operating in the fishing zone off that
department ;
Whereas , therefore , it is necessary to ensure that those
vessels which are under contract to land their catches in the
French department of Guiana can continue to fish ;
Whereas shrimp fishing licences calculated on the basis of
scientific advice have been issued to non-member countries
Article 2
1 . Fishing in the fishery zone referred to in Article 1 shall
be subject to the possession on board of a licence , issued by
the Commission on behalf of the Community , and to the
observance of the conditions set out in that licence and the
control measures and other provisions regulating fishing
activities in that zone .
2 . Applications for licences shall be submitted by the
authorities of the non-member countries concerned to the
Commission's services at least 15 working days before the
desired date of commencement of validity . Licences will be
issued to the authorities of the third countries concerned .
3 . Where no application for the grant of a licence , as
referred to in point 1 of Annex I , has been submitted
within 15 working days of the date of entry into force of
this Regulation , the Commission , at the request of the
French authorities , may issue licences , via the French
authorities , to the shipowners of the relevant non-member
countries .
(») OJ No L 24 , 27 . 1 . 1983 , p . 1 .
OJ No L 361 , 31 . 12 . 1985 , p . 58 .
4 . The registration letters and numbers of a vessel in
possession of a licence must be clearly marked on both
No L 376 / 102 Official Journal of the European Communities 31 . 12 . 86
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
hull or superstructure and must not be obliterated , altered ,
covered or masked in any other way .
4 . All licences referred to in paragraph 1 issued to vessels
of a non-member country shall cease to be valid as soon as
it is established that the quota laid down in point 2 of
Annex I for that country has been used up .
Article 3
1 . The maximum number of licences , as weir as the
maximum number of temporary renewable licences that
may be issued for shrimp fishing on the basis of scientific
advice to vessels flying the United States flag and which are
under contract to land all their catches in the French
department of Guiana is specified in point 1 of Annex I.
Article 5
1 . Licences may be issued for the fishing of species other
than shrimps to vessels flying the flag of one of the
countries listed in point 3 of Annex I. The maximum
number of such licences for each country shall be as
specified in point 3 of Annex I.
2 . Snapper fishing licences shall be granted subject to an
undertaking by the owner of the vessel concerned to land
75 % of the catches in the French department of Guiana .
3 . Shark fishing licences shall be granted subject to an
undertaking by the owner of the vessel concerned to land
50 % of the catches in the French department of Guiana .
2 . The licences referred to in paragraph 1 shall cease to be
valid when the contract stipulating the obligation to land
the catches comes to an end , and in any event not later than
31 December 1987 .
3 . The duration of the validity of temporary licences shall
be limited to three-month periods . To provide for a
possible increase in the number of vessels flying the flag of
a Member State in the zone referred to in Article 1 , some
temporary licences may not be renewed . In the event of
such increase , the Member State concerned shall inform the
Commission services at the latest one month before the
expiry of the validity of the temporary licences .
4 . The number of licences referred to in paragraph 1 may
be revised if the scientific advice states that there has been a
substantial change in stocks .
Article 6
1 . The following information shall accompany
applications for licences submitted to the Commission :
( a ) name of the vessel ;
(b ) registration number ;
( c) external identification letters and numbers ;
(d ) port of registration ;
(e ) name and address of the owner or charterer ;
( f) gross tonnage and overall length ;
(g) engine power ;
( h ) call sign and radio frequency ;
( i ) intended method of fishing;
( j ) species intended to be fished ;
( k) period for which a licence is requested .
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 .
Article 4
1 . Licences may be issued for shrimp fishing to vessels
which fly the flag of one of the countries listed in point 2 of
Annex I. The catch quantities authorized under such
licences , the maximum number of licences and the
maximum number of days at sea during which such
licences are valid shall be as specified for each country in
point 2 of Annex I.
2 . The licences referred to in paragraph 1 shall be issued
on the basis of a fishing plan submitted by the authorities
of the country concerned , approved by the Commission
and not exceeding the limits for the country concerned
specified in point 2 of Annex I.
Article 7
1 . To obtain a licence as referred to in Article 3 , proof
must be produced , in respect of each of the vessels
concerned , that a valid contract exists between the
shipowner applying for the licence and a shrimp-processing
undertaking situated in the French department of Guiana
and that it includes an obligation to land all catches of
shrimps from the vessel concerned in that department so
that they may be processed , packed and stored in that
undertaking's plant .
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 .
31 . 12 . 86 Official Journal of the European Communities No L 376 / 103
4 . Shark fishing shall be authorized only for vessels using :
long lines or mesh nets having a minimum mesh of 100 mm
and shall be forbidden in waters of a depth less than
30 meters .
2 . The contract referred to in paragraph 1 must be
endorsed by the French authorities , which shall ensure that
it is consistent both with the actual capacity of the
contracting processing undertaking and with the objectives
for the development of the Guianese economy, as well as
with the entry into service of shrimp fishing vessels
registered in Guiana . A copy of the duly endorsed contract
shall be appended to the licence application .
3 . Where the endorsement referred to in paragraph 2 is
refused , the French authorities shall give notification of this
refusal and state their reasons for it to the party concerned
and the Commission .
Article 11
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
the last day of each fishing trip via the French
authorities .
Article 12
1 . The master of each vessel in possession of a licence
referred to in Articles 4 and 5 ( 1 ), as concerns tuna fishing ,
shall observe the special conditions set out in Annex III ,
and in particular forward the information specified in the
Annex . These conditions shall form an integral part of the
licence .
Article 8
1 . To obtain a fishing licence for snapper or shark, as
referred to in Article 5 , proof must be produced , in respect
of each of the vessels concerned , that a valid contract exists
between the shipowner applying for the licence and a
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 .
2 . The contract referred to in paragraph 1 must be
endorsed by the French authorities , which shall ensure that
it is consistent both with the actual capacity of the
contracting processing undertaking and with the objectives
for the development of the Guianese economy . A copy of
the duly endorsed contract shall be appended to the licence
application .
3 . Where the endorsement referred to in paragraph 2 is
refused , the French authorities shall give notification of this
refusal and state their reasons for it to the party concerned
and the Commission .
2 . The master of each vessel in possession of a licence as
referred to in Articles 3 and 5 (2 ) and (3 ) shall , on landing
the catch after each trip , submit to the French authorities a
declaration , for whose accuracy the master alone is
responsible , stating the quantities of shrimp caught and
kept on board since the last declaration . This declaration
shall be made using the form of which a model appears in
Annex IV.
Article 13
1 . The French authorities shall take all appropriate
measures to verify the accuracy of the declarations referred
to in Article 12 (2), by checking them in particular against
the log-book referred to in Article 11 . The declaration shall
be signed by the competent official after it has been
verified .
Article 9
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 .
2 . The French authorities shall ensure that all landings of
shrimps in the French department of Guiana by vessels in
possession of a licence as referred to in Articles 3 and 5 (2 )
and ( 3 ) shall be the subject of a declaration as referred to in
Article 12 (2).
3 . Before the end of each month , the French authorities
shall send to the Commission all the declarations referred
to in paragraph 2 relating to the preceding month.
Article 10
1 . Fishing for shrimps of the species Penaeus subtilis and
Penaeus brasiliensis shall be forbidden in waters of a depth
less than 30 meters . During these fishing activities carried
out by vessels using trawls , by-catches shall be permitted .
2 . Tuna fishing shall be authorized only for vessels using
long lines .
3 . Snapper fishing shall be authorized only for vessels
using long lines or traps .
Article 14
The granting of licences to vessels from third countries
shall be subject to the undertaking by the owner of the
vessel concerned to permit an observer to come on board at
the Commission's request .
31 . 12 . 86No L 376 / 104 Official Journal of the European Communities
Article 15
1 . The French authorities shall take appropriate measures
to ensure that the obligations set out in this Regulation are
complied with , including the regular inspection of vessels .
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
infringement was ascertained , inform the Commission of
the name of the vessel concerned and of any action they
may have taken .
belonging to a shipowner who owns a vessel whose licence
has been withdrawn under this Article or which has fished
without a licence in the zone referred to in Article 1 .
Article 17
1 , 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 4 and 5 , the licence of such vessel shall be
withdrawn .
2 . If, for a period of one month , a vessel in possession of a
licence as referred to in Article 3 has made no use of it , the
licence of such vessel shall be withdrawn , except
— if the vessel is under repair ,
— in cases of force majeure,
Article 18
The period of validity of licences valid on 31 December
1986 pursuant to Article 1 of Regulation (EEC) No
3729 / 85 may be extended , at the request of the authorities
of the country concerned , until 31 January 1987 . Licences
thus extended shall be counted against the number of
corresponding licences laid down in Annex 1 for the
duration of the extension, without that total being
exceeded .
Article 19
This Regulation shall enter into force on 1 January 1987 .
It shall apply until 31 December 1987 .
Article 16
1 . Licences for vessels which have not complied with the
obligations provided for in this Regulation , including the
obligation to land all or part of the catches laid down in a
contract as referred to in Articles 7 and 8 shall be
withdrawn .
No licence shall be issued to such vessels for a period of
four to twelve months from the date on which the
infringement was committed .
2 . Where a vessel fishes without a valid licence in the zone
referred to in Article 1 , and where that vessel belongs to a
shipowner or is managed by a natural or legal person who
has or exercises the management of one or more other
vessels to which licences have been issued , one of those
licences may be withdrawn .
3 . The granting of a licence may be refused during the
period referred to in paragraph 1 to one or more vessels
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 22 December 1986 .
For the Council
The President
G.SHAW
31 . 12 . 86 Official Journal of the European Communities No L 376 / 105
ANNEX I
1 . Licences referred to in Article 3
Vessels flying
the flag of
Maximum number
of licences
Of which maximum number
of renewable licences
USA 32 8
2. Licences referred to in Article 4
Vessels flying
the flag of
Quantity of authorized
catches in tonnes
Maximum number of
vessels with a licence
Maximum number of
days at sea
Barbados 24 5 200
Guiana 24 5 200
Surinam 130 16 840
Trinidad and Tobago 60 8 350
3 . Licences referred to in Article 5
Species
Vessels flying
the flag of
Maximum number
of licences
( a ) Tuna Japan token entry
Korea token entry
( b ) Snappers Venezuela 25
Barbados 5
( c ) Shark Venezuela 2
BILAG II — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGATO II — BIJLAGE II
FICHE DE PÊCHE LOG SHEET
NationNom du navire
Vessel name
N° d immatriculation -
Official No
N° de licence ZEE -
Fishing licence No
Nbre equipage
No in crew
Nom du capitaine
Captain's name
Départ de
Depart from
Date
Débarquement a
Landed at
Date
Crevettes conservées à bord
Shrimps retained on board
Mois / Month
Jour / Day
Zone n°
Sonde
Depth
Jour ou nuit
Day or night
(D or N)
Nombre de fois
ou les engins
ont été mis Λ
l'eau / Number
of rimes gear
is shot
Total
heures de
pêche
Hours
fished
Queues
de crevette
'Head-off
shrimp
( kg)
Crevettes
entières
'Head-on'
shrimp
(kg)
Vivaneaux
Snapper
Requins
Shark
Thonidés
TunaPenaeus :
subtilis
brasiliensis
Xyphopenaeus
Kroyerii
31 . 12 . 86 Officiarjournal of the European Communities No L 376 / 107
ANNEX III
Special conditions
1 . Vessels in possession of a licence referred to in Article 4 and 5(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 376 / 108 Official Journal of the European Communities 31 . 12 . 86
ANNEX IV
Declaration pursuant to Article 12 (2)
LANDING DECLARATION 1
Registration No :
Name of agent :
Name of vessel :
Name of master :
Master s signature :
to theVoyage made from the
Port of landing :
Quantity of shrimps landed (in live weight)
'Head-off shrimp :
or ( x 1,6)
kg
kg (head-on shrimp)
'Head-on' shrimp : 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.
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