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DOCUMENTS CONCERNING THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE EUROPEAN COMMUNITIES, ACT CONCERNING THE CONDITIONS OF ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC AND THE ADJUSTMENTS TO THE TREATIES, ARTICLE 351
Official Journal L 302 , 15/11/1985 P. 0126
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Article 351
1 . Only vessels flying the flag of a present Member State , covered by this Article , may exercise their fishing activities in waters falling under the sovereignty or within the jurisdiction of the Portuguese Republic and only in the zones and under the conditions defined in accordance with the following paragraphs .
2 . The number of vessels authorized to fish for pelagic species not subject to TAC and quotas other than highly migratory species , in ICES divisions IX , X and in CECAF , shall be fixed each year in accordance with Article 11 of Regulation ( EEC ) No 170/83 on the basis of the existing situation of fishing activities in the Community as at present constituted , in Portuguese waters , for the period immediately preceding accession and of the need to ensure stock conservation , taking account moreover of the restrictions placed on fishing by Portuguese vessels in waters of the Community as at present constituted for similar species and for the first time before 1 January 1986 .
The conditions for exercising specialized fishing activities shall conform to those provided for fishing of the same species in Article 160 .
3 . Until 31 December 1995 , in ICES division X and the CECAF zone , without prejudice to paragraph 4 and on the basis of fishing practices by the present Member States during the years preceding accession , fishing for Albacore tuna shall be authorized only for a period not exceeding eight weeks , occurring between 1 May and 31 August of the year concerned , by vessels with lines not exceeding 26 metres between the perpendiculars , using exclusively troll lines . The list of authorized vessels shall be notified to the Commission by the Member States concerned at the latest on the 30th day preceding the opening of the fishing period .
4 . For tropical tuna , fishing shall be limited until 31 December 1995 for ICES division X to the south of 36 * 30'N and for the CECAF zone to the south of 31 * N and to the north of this parallel to the west of 17 * 30'W .
5 . The provisions aimed at ensuring that operators comply with the rules provided for in this Article , including those aimed at the possibility of not authorizing the vessel concerned to fish for a certain period shall be adopted before 1 January 1986 according to the procedure provided for in Article 11 of Regulation ( EEC ) No 170/83 .
The technical procedures corresponding to those referred to in the second subparagraph of Article 163 ( 3 ) shall be adopted before 1 January 1986 according to the procedure provided for in Article 14 of Regulation ( EEC ) No 170/83 .
6 . The detailed rules for applying this Article shall be adopted before 1 January 1986 in accordance with the procedure provided for in Article 14 of Regulation ( EEC ) No 170/83 .
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