Key Benefits:
Minister of Agriculture, Food, Fisheries, Rural and Land Management,
Considering the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No. 850/98 of 30 March 1998 on the conservation of fishing resources through technical measures to protect juveniles from marine organisms;
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. 1954/2003 of 4 November 2003 concerning the management of the fishing effort in respect of certain areas and community fishing resources, amending Regulation (EC) No. 2847/93 and repealing Regulation (EC) No. 685/95 and (EC) No. 2027/95;
Considering Regulation (EC) No. 1415/2004 of 19 July 2004 setting the maximum annual level of fishing effort for certain fishing and fishing areas;
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
In view of the Council's regulation (EC) establishing, for the current year, fishing opportunities for certain fisheries stocks and fisheries 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 and articles L. 911-1 and following;
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;
Having regard to the decree of 3 December 2009 on inter-ministerial departmental branches;
Vu le Decree No. 2010-130 of 11 February 2010 the organization and missions of interregional branches of the sea;
Vu le Decree No. 2011-776 of 28 June 2011 establishing the rules for the organization and operation of the National Committee for Maritime Fisheries and Marine Livestocks, as well as regional and departmental and interdepartmental committees for marine fisheries and marine livestock;
Having regard to the 18 July 1990 Order on the Obligation of Statistical Declarations on Maritime Fisheries Products;
Having regard to the Order of May 12, 2003 regulating the fishing of the Saint-Jacques shellfish;
Considering the opinion of the National Committee on Maritime Fisheries and Marine Animals of 19 April 2012,
Stop it!
A fishing authorization may be instituted by deliberation of the National Committee on Maritime Fisheries and Marine Livestocks for on-board fishing of shellfish. National authorization may be issued for one or more shell species. When it has been made mandatory in accordance with the following procedure, only shipowners who hold it are allowed to fish shellfish.
The issuance of fishing authorizations for the Saint-Jacques shell, issued pursuant to the Council regulations of 4 November 2003 and 20 November 2009, is delegated to the National Committee on Maritime Fisheries and Marine Livestocks.
The national fishing authorization for the fishing of shellfish referred to in Article 1 of this Order has the value of European fishing authorization within the meaning of the Council Regulation of 20 November 2009 referred to above for the following vessels:
– vessels of a total length of 10 metres practicing the fishing of the Saint James shellfish (Pecten maximus) in the areas CIEM V, VI, VII, VIII, IX and X and the areas Copace 34.1.1, 34.1.2 and 34.2.0;
– vessels of a total length of less than 10 metres practicing the St. James shellfish in the water portion of the CIEM V, VI, VII, VIII, IX and X zones and the Copace 34.1.1, 34.1.2 and 34.2.0 areas beyond territorial waters.
The list of national fishing authorizations issued for the fishing of shellfish that have the value of European fishing authorization is transmitted by the National Committee on Maritime Fisheries and Marine Animals to the management of marine fisheries and aquaculture.
The number of authorizations and their allocation and use conditions that may exclude certain areas for the management of the fishing effort are determined by deliberation of the National Committee for Maritime Fisheries and Marine Livestocks.
When the fishing activity concerned is carried out within the geographic scope of a single regional committee on marine fisheries and marine livestock, it sets the number of licences and their allocation and use conditions.
In the absence of deliberation, and as necessary, these competencies are exercised by the Minister for Maritime Fisheries or by the competent administrative authorities listed in theArticle 1 of Decree No. 90-94 of 25 January 1990 modified.
The number of authorizations cited in section 2 is determined taking into account the biological capabilities of the geographic area, the characteristics of fishing vessels and fishing anteriorities of applicants.
When national authorities have the value of European fishing authorization as defined in the Commission's regulations of 20 November 2009, their number is determined taking into account the fishing effort defined by community regulations.
An authorization is granted jointly to a fishing vessel and its shipowner to exercise the fisheries referred to in Article 1. The authorization cannot be sold or sold.
Each licensee is required to report its captures to the authorities concerned and to provide the relevant minimum information when the detention of a European fishing authorization is mandatory for the fishing of certain shellfish within the meaning of regulation (EC) No 1224/2009 referred to above.
The National Committee on Maritime Fisheries and Marine Animals defines the relevant minimum information to be provided by any applicant and is the recipient of information relating to the authorizations issued and the developed fishing effort; it makes the count and ensures its compatibility with the fishing effort allocated to France by community regulations.
The validity period of the authorization cannot exceed that of a fishing campaign, and not more than twelve months.
In order to ensure compliance with the fishing effort ceiling allocated to France in Regulation (EC) No 1415/2004 of 19 July 2004 referred to above, the fishing of the Saint-Jacques shellfish is prohibited from May 15 to September 30 included in the areas set out in the Schedule to Regulation (EC) No 1954/2003 of November 4, 2003 referred to above.
Fisheries authorized by the detention of the authorization are exercised in accordance with the general regulation of the fisheries concerned.
any breach of these provisions, including in respect of the holding, 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, regardless of the penal sanctions that may be imposed, in the application of an administrative penalty made in accordance with sections L. 946-1 to L. 946-4 of the Rural Code and
The Order of September 13, 1993 establishing a licence to fish shellfish is repealed.
The Director of Maritime Fisheries and Aquaculture and the Prefects of the regions concerned are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on April 25, 2012.
For the Minister and by delegation:
By preventing the director
Maritime fisheries
and Aquaculture:
Deputy Director,
C. Bigot
