Key Benefits:
Minister of Agriculture, Food, Fisheries, Rural and Land Management,
Considering the Treaty establishing the European Economic Community;
Having regard to Commission Regulation (EEC) No. 2807/83 of 22 September 1983 defining the specific modalities for the registration of fish capture information by member states;
Having regard to Council Regulation (EC) No. 2371/2002 of 20 December 2002 on the conservation and sustainable use of fisheries resources in the context of the Common Fisheries Policy;
Having regard to Council Regulation (EC) No. 1966/2006 of 21 December 2006 concerning the electronic registration and communication of data relating to fishing activities and remote sensing devices;
Considering Commission Regulation (EC) No. 1077/2008 of 3 November 2008 implementing Council Regulation (EC) No. 1966/2006 of 21 December 2006 concerning the electronic registration and communication of fishing activity data and remote sensing devices;
Having regard to Council Regulation (EC) No. 43/2009 of 16 January 2009 establishing, for 2009, fishing opportunities and associated conditions for certain fisheries stocks and fisheries stock groups, applicable in community waters and, for community vessels, in waters subject to capture limitations;
See Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community Control Regime to ensure compliance with the rules of the Common Fisheries Policy, amending regulations (EC) No. 847/96, (EC) No. 2371/2002, (EC) No. 811/2004, (EC) No. 768/2005, (EC) No. 2115/2005, (EC) No. 2166/2005
Having regard to Council Regulation (EC) No. 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011;
Having regard to Council Regulation (EU) No. 579/2011 of the European Parliament and Council of 8 June 2011 amending Council Regulation (EC) No. 850/98 on the conservation of fishing resources through technical measures for the protection of juveniles of marine organisms and Council Regulation (EC) No. 1288/2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011;
In view of the Council's regulation (EC) establishing, for the current year, fishing opportunities for certain fisheries stocks, and fishing stock groups, applicable in EU waters and, for EU vessels, in waters subject to capturing limitations and amending regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009
In view of the rural and maritime fisheries code, including title II of Book IX;
Vu le Decree No. 90-94 of 25 January 1990 taken for the purposes of title II and title IV of Book IX of the Rural Code and Maritime Fisheries;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments;
Vu le Decree No. 2009-1484 of 3 December 2009 relating to interdepartmental departmental branches;
Vu le Decree No. 2010-130 of 11 February 2010 the organization and missions of interregional branches of the sea;
Having regard to the decision of 18 December 2006 establishing the terms and conditions for the management of the various authorization regimes defined by the Community regulations and applicable to French professional fishing vessels registered in the European Community;
Having regard to the decision of 26 December 2006 establishing the modalities for the distribution and collective management of fishing opportunities (capture quotas and fishing effort quotas) of French vessels registered in the European Community;
Considering the opinion of the National Committee on Maritime Fisheries and Marine Animals of 8 December 2011,
Stop it!
The professional fishery of langoustine (Nephrops norvegicus) in areas CIEM VIII a, b, d and e is subject to the detention of a license, below referred to as "langoustine license", as long as the catches of langoustines exceed 2 tons per year, in whole weight disembarked, or the catches present on board exceed 200 kg per day of sea.
Licensing authorities.
The langoustine licence is issued to a shipowner for a ship determined by the producer organization to which the shipowner adheres.
For shipowners who do not belong to a producer organization, the licence is issued by the prefect of the region. The latter may delegate this competence to the Interregional Director of the Sea under the conditions established by the Decree No. 2004-374 of 29 April 2004 and under the conditions established in the present order.
Validity of the license.
The validity of the licence may not exceed December 31 of the year of issue. Each change in the consolidated list of langoustin licences issued is addressed by producer organizations to the management of marine fisheries and aquaculture, as well as to the National Committee for Maritime Fisheries and Marine Animals, in a format established by the management of marine fisheries and aquaculture. An updated summary list of langoustine licences is regularly published by the management of marine fisheries and aquaculture and is being held by the control services.
Any amendment to the shipowner or ship shall result in the licence being deducted. It is then up to the requesting armor to apply for a new licence.
Filing of applications.
1. Any application for a langoustin licence must be filed, duly completed and signed by the shipowner for each of its ships, after the advice of the local committee of marine fisheries and marine livestock, with the organization of producers to which it adheres or, if it does not adhere to a producer organization, with the delegation to the sea and the coast of the departmental direction of the territories and the sea of the port of registration. Beyond fifteen days after the date of request for advice from the committee concerned, its notice is deemed favourable. Applications for licences during the campaign and after the effective disappearance of the local Maritime Fisheries and Marine Animals Committees are submitted to the committee that replaced the local committee initially concerned.
2. The application form is prepared by the Directorate of Maritime Fisheries and Aquaculture. It includes the identification of the ship and ship, the selectivity devices used and, where applicable, the elements to characterize a first installation application. The notice of the committee concerned is included in the form.
3. Incomplete or unreported requests in accordance with the regulations are inadmissible. The applicant is notified by a decision motivated by the organization of producers or the prefect of the region.
Contingent and licensing ceiling per region.
1. Contingent.
The quota for lobster fishing licences in the CIEM VIII area of the Gulf of Gascogne is 232 licences. The contingent of attributable licences can be reviewed annually based on the situation of the resource and market directions, and following the advice of the NMJC.
Within this contingent:
5 licences are nationally reserved for the first facilities during the year. This quota is reduced to the level of the licences that are issued. Is considered as the first installation the purchase of a first acting vessel during the twelve months preceding the application;
171 licences are issued by the association of producer organizations Fishermen of Brittany to its adherent ships;
8 licences are issued by the organization of OP Vendée producers to its adhering ships;
32 licences are issued by the organization of O Cotinière producers to its adhering vessels;
3 licences are issued by the organization of ARCACOOP producers to its adhering vessels;
7 licences are issued by the producer organization FROM Sud-Ouest to its adhering vessels;
5 licences are issued by the Cobrenord producer organization to its adhering vessels;
Licensing, if any, is assigned to a national reserve.
When the shipowner of a ship eligible for a langoustine licence changes the organization of producers, the quotas of the organization of original producers and the new organization of accession producers evolve accordingly, in accordance with item 2 of this article. The quota of licences issued by each producer organization may also change depending on the licensing authority for the national reserve and the licensing quota for the first facilities.
2. Licensing by region.
A maximum number of licences are assigned to vessels registered:
― in the direction of Brittany: 158 licences;
- in the region Pays de la Loire: 33 licences;
– within the Poitou-Charentes region: 37 licences;
― in the direction of the Aquitaine region: 4 licences.
This regional licensing limit cannot be exceeded.
Conditions of eligibility and availability.
1. Elegibility conditions.
A shipowner is eligible to obtain a langoustine licence for a given ship if the following conditions are met:
(a) The vessel is not less than or equal to 20.8 metres long;
(b) A licence was issued in the year prior to the application;
(c) Its catch of lobsters carried out in one of the two years preceding its application exceeds 2 tons per year, by total weight disembarked, except in the case of exceptional circumstances duly justified;
(d) Technical measures as defined in Article 8 are respected.
Vessels of a total length between 20.8 metres and 22.5 metres may be eligible as they meet conditions b, c and d referred to in this section. No langoustin license can be issued to a new incoming with a maximum length of 20.8 metres.
The list of vessels meeting the above conditions is the list of eligible vessels. The list of vessels eligible for the langoustine licence is prepared and updated annually by the Minister for Maritime Fisheries.
Eligible applicants who apply for the application shall be granted a langoustine licence in accordance with the terms set out in Article 7 (1).
Non-eligible applicants wishing to enter the fisheries must file an application that is considered in accordance with the terms set out in section 7, paragraph 2.
In accordance with Commission Regulation (EC) No. 1005/2008 of 29 September 2008 establishing a community system to prevent, discourage and eradicate illegal, unreported and unregulated fishing (INN), any vessel on an INN list or whose shipowner is on an INN list cannot be eligible for the langoustin licence.
2. Availability.
If the conditions of eligibility for a vessel's langoustin licence are no longer met, the shipowner's licence, whether or not acceding to a producer organization, is made available and may be reassigned within the organization of producers or a national reserve managed by the Minister responsible for fisheries.
The producer organization may reassign the langoustin licence to another applicant adhering to the organization that applies to it, in accordance with the terms and conditions of attribution of this order. The organization retains this possibility for a period of two years including the current year of management at the time of finding the loss of eligibility. After this period, unpaid licences return to the national reserve.
Conditions of attribution and transfer.
1. Conditions of attribution.
In the event that the number of requesting vessels exceeds the quota provided for in section 5, the licences are issued in accordance with the priority criteria in the following order:
- renewal;
- first installation;
- other requests.
The licences issued under the national reserve and the first facilities shall be issued after the advice of the advisory committee on the allocation of the PPS in accordance with the above-mentioned decision of 18 December 2006. The licences issued under the national reserve and the first facilities are only issued when the licences available for each producer organization have already been issued.
2. Transfer.
In the event that an application for a licence is filed by a shipowner who does not meet the eligibility criteria set out in paragraph 1 (b) or (c) of section 6, the application shall be accompanied by a transfer request. Any vessel not meeting the requirements of section 6-1 (a) and (d) shall not be eligible for transfer. The transfer may be provisional or final. It cannot give rise to monetary compensation.
(a) Provisional transfer:
A transfer may be made on an interim basis between 1 July and 31 December, for a specified period not equivalent to the maximum licence term.
In the event of a request for a provisional transfer, the application must be covered by the donor shipowner, the producer organization(s) concerned and the marine fisheries and livestock committee concerned. This request for transfer is subject to the advice of the PPS Advisory Commission, pursuant to the Order of 18 December 2006, taking into account the available licences provided for in Article 6, paragraph 2, of this Order, the contingent referred to in Article 5 of this Order, the fisheries anteriorities, market directions and socio-economic balances. At the end of the interim transfer period, the licensee of the transfer beneficiary licence is no longer eligible for the langoustine licence. The licensee of the licence that has been the subject of a provisional transfer remains eligible for the langoustine licence for the following year.
(b) Final transfer:
A transfer can be made definitively.
In the event of a request for a final transfer, the application must be referred to by the donor armor if it is still active, the organization(s) of the producers concerned and the marine fisheries and livestock committee concerned. This request for transfer is subject to the advice of the PPS Advisory Commission, pursuant to the Order of 18 December 2006, taking into account the available licences provided for in Article 6, paragraph 2, of this Order, the contingent referred to in Article 5 of this Order, the fisheries anteriorities, market directions and socio-economic balances. The licensee that has been the subject of a final transfer is no longer eligible for the langoustine licence.
In the event of a favourable opinion of the PPS Award Advisory Board, the langoustine licence may be issued in accordance with the terms and conditions set out in sections 2 and 4 of this Order.
Technical measures.
Failure to comply with this section entails the withdrawal of the licence.
1. Lobster fishing with more than two trawls is prohibited.
2. Ships must use a "selective merlu device" on each trawl as defined by Council Regulation (EC) No. 1288/2009 of 27 November 2009 establishing transitional technical measures from 1 January 2010 to 30 June 2011, as long as they fish in CIEM VIII a, b, d and e (including merlu box).
3. Ships must be equipped with at least one of the following langoustin selective devices:
― 45-degree rotated grid window in accordance with Appendix 1;
― langoustin grid, 13 mm spacing between round bars;
– maillage of the trawling ass of 80 mm or more;
― 45-degree tour mesh cylinder in accordance with Appendix 2.
Lobster fishing can be exercised without selective langoustin device within the limit of 50 kg of lobsters aboard a fishing day.
Control provisions and sanctions.
1. Any failure to comply with these provisions, in particular with respect to the maintenance, filling, transmission and transmission of obligatory documents for the monitoring of captures and landings or the non-compliance with the obligations in respect of the satellite monitoring of vessels, may result in the application of an administrative penalty in accordance with sections L. 946-1 and L. 946-4 of the Rural Code and
2. Similarly, pursuant to section L. 912-12-1 of the Rural Code and Maritime Fisheries, any breach of the measures taken for the sustainable management of catch sub-quotas and fisheries management plans associated with this fishery may result in the application of monetary penalties or the suspension or withdrawal of the licence by the board of directors of the producer organization of the vessel concerned.
The persons concerned with these sanctions must be informed beforehand of the facts, the sanctions they impose and the time they have to make their observations.
The decision of November 25, 2010 in which the lobster fishery (Nephrops norvegicus) is organized in the area CIEM VIII a, b, d and e is repealed.
The Director of Maritime Fisheries and Aquaculture and the Prefects of the region concerned are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E S
A N N E X E 1
WHERE AGAINST MY TOURN OF 45
Specifications of the 45-degree lower window
The 45-degree window, a 60-mm mesh, is located in the right part of the trawl, the Danish seine or any similar equipment whose mesh is greater or equal to 70 mm and less than 100 mm. The window is a rectangular net table. It is unique and in no way obstructed by internal or external elements that relate to it.
Location of the window
The window is inserted in the lower face of the so-called "abdomen" trawl at the beginning of the extension, just after the end of the so-called "throat" conical part.
Size of the window
The length and width of the window are at least 86 mesh sides and 31 mesh sides respectively.
Background of the window
The sts have a minimum opening of 60 mm. They are square or rectangular, i.e., the four sides of the window aisle are made of cut mesh (cut "all legs"). The aisle is mounted so that the sides of the sts are parallel and perpendicular to the longitudinal axis of the trawl ass. The wire used is a simple thread. Its thickness does not exceed 4 mm.
Inserting the window into the losanges mesh table
It is allowed to run a sling along the four sides of the window. The diameter of this sling does not exceed 12 mm.
The insertion of the window in the beginning of the extension is illustrated below.
You can consult the table in the
JOn° 297 of 23/12/2011 text number 57
A N N E X E 2
CYLINDRE À MAILLE TOURNÉ DEGRÉS
Specifications of the 45-degree round mesh cylinder
The 45-degree 60-mm rotary mesh cylinder is located in the right part of the trawl, the Danish senne or any similar equipment whose mesh is greater or equal to 70 mm and less than 100 mm. The cylinder consists of two identical rectangular nets. Both are symmetrical so as to form a cylinder. The cylinder is unique and is in no way obstructed by internal or external elements attached to it.
Cylinder location
The cylinder is inserted at the beginning of the extension, just after the end of the conical part called "throat".
Cylinder size
The depth of the cylinder is at least 86 sides of sts.
The half-perimeter of the cylinder is at least 31 sides of sts.
Cylinder background
The sts have a minimum opening of 60 mm. They are square or rectangular, i.e., the four sides of the window aisle are made of cut mesh (cut "all legs"). The aisle is mounted so that the sides of the sts are parallel and perpendicular to the longitudinal axis of the trawl ass. The wire used is a simple thread. Its thickness does not exceed 4 mm.
Inserting the window into the losanges mesh table
The insertion of the window in the beginning of the extension is illustrated below.
You can consult the table in the
JOn° 297 of 23/12/2011 text number 57
Done on 9 December 2011.
For the Minister and by delegation:
By preventing the director
marine fisheries and aquaculture:
Deputy Director
fisheries resources,
P. de Lambert des Granges
