Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
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;
Having regard to Regulation (EC) No. 2103/2004 of 9 December 2004 on the transmission of data concerning certain fisheries of Western waters and the Baltic Sea;
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a community control regime to ensure compliance with PCP rules;
In view of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011 on the terms and conditions for the application of Council Regulation (EC) No. 1224/2009 establishing a Community control regime to ensure compliance with the rules of the Common Fisheries Policy;
Having regard to Council Regulation (EU) No. 227/2013 of the European Parliament and Council of 13 March 2013 amending Council Regulation (EC) No. 850/98 on the conservation of fishing resources through technical measures for the protection of juveniles of marine organisms;
Having regard to Regulation (EU) No. 1380/2013 of the European Parliament and the Council of 11 December 2013 on the Common Fisheries Policy;
Having regard to articles L. 911-1 et seq. of the Rural and Maritime Fisheries Code, including articles L. 912-2, L. 941-1, L. 946-2, L. 946-5 and L. 946-6;
Vu le Decree No. 90-94 of 25 January 1990 Amending the general conditions for the exercise of marine fisheries in waters subject to community conservation and management regulations;
Vu le Decree No. 93-33 of 8 January 1993 amended on the licence to commence the operation of fishing vessels taken for the purposes of section 3-1 of the amended Decree of 9 January 1852 on the exercise of the marine fisheries;
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, including its Article 11;
Having regard to the 18 July 1990 Order on the Obligation of Statistical Declarations on Maritime Fisheries Products;
Having regard to the decree of 7 December 1993 establishing a licence to fish crustaceans in the waters under French sovereignty or jurisdiction;
Having regard to the Order of 9 April 2013 approving the rules of procedure of the CNPMEM;
In view of the public consultation conducted on the CNPMEM website from 3 to 24 October 2014;
In view of the request of the National Committee on Maritime Fisheries and Marine Animals,
Stop it!
Deliberation No. B60/2014 of September 29, 2014 of the National Committee on Maritime Fisheries and Marine Livestocks on the Exercise Conditions of the Crustacean Fisheries is approved.
It is annexed to this Order.
The present order will be issued in the Official Journal of the French Republic.
Annex
BUREAU DELIBÉRATION (CNPMEM) NO B60/2014 RELATING TO EXERCISE CONDITIONS OF CRUSTACED PAST
Having regard to Regulation (EU) No. 1380/2013 of the European Parliament and the Council of 11 December 2013 on the Common Fisheries Policy;
Having regard to Council Regulation (EU) No. 227/2013 of the European Parliament and Council of 13 March 2013 amending Council Regulation (EC) No. 850/98 on the conservation of fishing resources through technical measures for the protection of juveniles of marine organisms;
In view of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011 on the terms and conditions for the application of Council Regulation (EC) No. 1224/2009 establishing a Community control regime to ensure compliance with the rules of the Common Fisheries Policy;
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a community control regime to ensure compliance with PCP rules;
Having regard to Regulation (EC) No. 2103/2004 of 9 December 2004 on the transmission of data concerning certain fisheries of Western waters and the Baltic Sea;
Considering Regulation (EC) No. 1415/2004 of 19 July 2004 setting the maximum annual level of fishing effort for certain fishing and fishing areas;
Considering 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;
Having regard to articles L. 911-1 et seq. of the Rural and Maritime Fisheries Code, including articles L. 912-2, L. 941-1, L. 946-2, L. 946-5 and L. 946-6;
Vu le Decree No. 90-94 of 25 January 1990 Amending the general conditions for the exercise of marine fisheries in waters subject to community conservation and management regulations;
Vu le Decree No. 93-33 of 8 January 1993 amended on the licence to commence the operation of fishing vessels taken for the purposes of section 3-1 of the amended Decree of 9 January 1852 on the exercise of the marine fisheries;
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, including its Article 11;
Having regard to the 18 July 1990 Order on the Obligation of Statistical Declarations on Maritime Fisheries Products;
Having regard to the decree of 7 December 1993 establishing a licence to fish crustaceans in the waters under French sovereignty or jurisdiction;
Having regard to the Order of 9 April 2013 approving the rules of procedure of the CNPMEM;
In view of the public consultation conducted on the CNPMEM website from 3 to 24 September 2014;
Considering the need to provide for the specific conditions for the award of the crustacean fishing licence in the waters under French sovereignty or jurisdiction;
Considering the need to adjust the fishing effort to the available fisheries resources, to the socio-economic aspects, to the possibilities of absorption of the market at a equilibrium price, as well as to the community obligations to supervise the fishing of certain species of crustaceans;
After consultation with the commission "crustaceans",
The bureau shall adopt the following provisions:
I. General provisions
Article 1
Scope
1.1. The exercise of the fishing of crustaceans in the waters under French sovereignty or jurisdiction is subject to the detention of the "crustacean license", with the exception of the Mediterranean Sea. This licence may be issued for one or more species of crustaceans. It is mandatory to fish at least one of the following shellfish:
- sea spider (Maja brachydactyla);
- crab (Cancer pagurus);
- green crab (Carcinus maenas);
- bouquet pink shrimp (Palaemon serratus);
- scrap (Necora puber);
- lobster (Homarus gammarus);
- langoustes (Palinurus elephas, Palinurus mauritanicus);
- inch foot (Mitella pollicipes).
This list may be amended at the request of the Regional Maritime Fisheries and Marine Animals Committees and after the advice of the "crustaceans" commission.
1.2. This licence has a value of European fishing authorization (EPA) within the meaning of community regulations, in areas CIEM VII, VIII and in the sensitive biological zone (ZBS) (1), for sea spider and turret, for vessels of a length not exceeding 10 m or vessels less than 10 m working outside the 12 miles.
1.3. The licence is issued by delegation of the National Committee on Maritime Fisheries and Marine Livestock (CNPMEM) by each Regional Committee on Maritime Fisheries and Marine Animals (CRPMEM) for applicants under this Committee.
1.4. The licence is valid for the duration of the fishing campaign for which it is issued, or to the maximum for a calendar year.
1.5. The license is not dessible.
1.6. Definitions:
- "owner": a natural or legal person who operates the ship on his behalf, whether or not the owner of the ship;
- "Community Fishing Licence": Licence defined by Regulation (EC) No 700/2006. It gives its holder the right, within the limits set by national and community regulations, to use a certain fishing capacity for the commercial exploitation of living aquatic resources.
Article 2
Licensees
The fishing licence defined in section 1 is issued:
1. To the shipowner for the operation of a given ship
In the event of co-operating the vessel, in a societal form or not, the licensee is the licensee with the largest number of shares.
In the event of co-operating the vessel on an equal basis, the co-operators shall designate the licensee.
2. To a couple owner/armed fisherman in marine crops small fishing with an anteriority of fishing as CPP under the previous fishing campaign for which the licence is requested.
II. - Fisheries Management Rules
Article 3
Military contingents
3.1. The total quotas of "crustaceated licences" in all areas and the quotas of licences that have the European fishing authorization value for vessels of a maximum or equal length of 10 m and less than 10 m working outside the 12 miles per area are set as follows:
| North - No Calais - Picardie | 210 | 210 | 0 | 0 |
| Haute-Normandie | 150 | 150 | 0 | 0 |
| Lower Normandy | 220 | 220 | 0 | 0 |
| Brittany | 815 | 220 | 150 | 10 |
| Pays de Loire | 175 | 0 | 67 | 0 |
| Poitou-Charentes | 100 | 0 | 54 | 0 |
| Aquitaine | 180 | 25 | 63 | 25 |
| Total | 1 850 | 825 | 334 | 35 |
Article 4
Technical measures
The "crustacean licence" can only be issued to the following vessels:
- vessels practicing targeted crustacean fishing using one of the following main gears: locker, net or broom;
- vessels practicing inch-foot fishing.
The technical measures defined, under the campaign's organizational terms, by the EM CPMR (section 6 of this deliberation) apply to all vessels with a "crustacean licence" carrying on business in the area of competence of the MCMR.
Is considered as a "secure trap" any equipment that does not meet any of the following characteristics:
- equipped with a rigid goulotte with a diameter of 140 mm or more, straight or conical;
- without partitioning or anti-return device.
MEPRCs can provide for additional provisions to regulate the use of the "piège locker".
Article 5
Special management measures for the red lobster fishery for the Manche-Atlantique façade
The capture, detention on board and landing of the red lobster (Palinurus elephas) are prohibited from January 1 to May 31 of each year.
Article 6
Capture accessories
The capture of crustaceans, listed in section 1.1, regardless of the gear, is, however, permitted, incidentally, to the maximum height of 10% of the volume of the captures held on board.
Article 7
Competences of regional committees
MRCMRs may establish a quota of licences, allocation criteria, practical terms and conditions for organizing the campaign and specific technical measures, in accordance with this deliberation.
In the event of disagreement between several EM CPMRs, disputes will be submitted to the arbitration of the CNPMEM board after the advice of the national commission "crustaceans".
III. - Allocation procedure
Article 8
Conditions of eligibility
In addition to the existing legislative and regulatory provisions, the applicant for the "crustacean licence" must:
- be active in the community fleet file (excluding CPPs);
- exercise marine fishing activity as a principal;
- has paid the payment of the mandatory professional contribution on the day of licensing (excluding first facilities).
Article 9
Award priority order
In the event that the number of licence applicants exceeds the quota provided by the regional committees, the licences are issued in the following allocation order:
(a) Licensees in the previous campaign or, in the event of a duly recognized force majeure, in the immediate preceding campaigns;
(b) For new applications, taking into account socio-economic balances, market directions and, if necessary, the date of receipt of files to the committee that collects the application.
MMRSPs may provide for additional provisions to establish the order of licensing.
Article 10
Licence applications
10.1. Filing of applications
The licence is requested by the shipowner, natural or legal person, operating the vessel concerned.
The application for "crustacean license" is addressed to the MMRPC secretariat. MCMRs may, by deliberation, delegate the competence for the collection and instruction of applications for licences to MMCS or MMCS.
The content of the licence application files, based on the previously defined allocation criteria, is set by the EM CPMR. For SARA-value licences, this file contains, at a minimum, information for the Community Fisheries Licence and the SARA (Appendix 3 of the Implementing Regulations [EU] No. 404/2011).
The deadline for sending applications for "crustacean" licences is set by the EM CPMR. Applications for licences must include a visa from the departmental direction of the territories and the sea concerned or from the delegation to the sea and the coast.
10.2. Processing of requests
In the case of a purchase or construction project, the licence may be reserved for the duration of a fishing campaign. Any document justifying the reality of the construction or purchase project must be communicated with the licence application. MMRSPs may provide for a time limit to limit the licence.
In the event that the competence for the collection and instruction of applications for licences has been delegated to the MMCS or MMCS, the MMCSs shall send the applications for licences to the MMCS.
10.3. Validation of requests
In view of the documents transmitted to them, they validate the award of the "crustacean license". MCMR sends the lists of licences issued to the MMCN by December 10 of the year prior to the fishing campaign. The format for transmission of these lists is specified in the Appendix to this deliberation.
The licences reserved for a purchase or construction project are issued only from the effective fleet entry of the vessel and subject to the conditions of eligibility.
On the basis of the lists transmitted by CPMREM, the CNPMEM sets the license boxes and transmits them to CPMREM, which delivers them to the licensees. In particular, must be mentioned on the card of licence if the card has a value of AEP in the corresponding area(s) of activity.
10.4. Transmission of lists
In accordance with Regulation (EC) No. 2103/2004, the NMMP transmits the list of licences issued electronically to the Directorate of Maritime Fisheries and Aquaculture (DPMA).
The EM CPMR ensures that these lists are updated and sends to the NPMEM the changes that are being made during the campaign in the above format, so that the latter can notify them to the ADMDP.
IV. - Repression of offences and application of the licence
Article 11
Repression of offences, suspension and/or withdrawal of the licence
Offences against this deliberation and those taken for its application are sought and prosecuted in accordance with articles L. 941-1, L. 946-2, L. 946-5 and L. 946-6 Rural code and maritime fishing.
Article 12
Implementation of deliberation
The chairs of the NMMP, the MMRMC, the MMC and the MMC are responsible, each with respect to the application of this deliberation.
This deliberation cancels and replaces deliberation No. B79/2013 of the CNPMEM office of 31 October 2013.
Done in Paris, September 29, 2014.
The president,
G. Romiti
Annex
Format of the file of the shelled/turned AEP licenses
The file is to be transmitted in Excel format. Only one line per ship must be created. The minimum information contained in this file must indicate for each vessel the following data. These data will be the columns of the file.
| CRPMEM vessel attachment | Format: CRPMEM Region Ex. : CRPMEM Lower Normandy | |
| Marine area | Ex. : BL | This information must correspond to information from the community fleet file (2) |
| External Registration Number | Without space | |
| Name of ship | Format text | |
| LHT (m) | Outside length in meters | |
| Power (kW) | Number | |
| Jauge (GT) | Number | |
| Name shipowner | Name of the ship's ship's ship's armor or arming company. In case of co-operation, indicate the name of the majority or designated co-operator. | |
| Armor's name | ||
| AEP area CIEM VII | 1 if the licence is worth AEP in this area 0 otherwise | |
| AEP area CIEM VIII | 1 if the licence is worth AEP in this area 0 otherwise | |
| AEP ZBS area | 1 if the licence is worth AEP in this area 0 otherwise | |
| Fishing equipment 1 | Main fishing equipment used for the licensed fishery | |
| Fishing equipment 2 | Secondary fishing equipment used for the licensed fishery | |
| Fishing equipment 3 | Fishing equipment used in an annexed manner for the fishery subject to the licence | |
| Date of issuance of licence | Date format: JJ/MM/AAAA | |
| Period of validity of the licence-date of commencement | Date of validity format: JJ/MM/AAAA | |
| Licence validity period - start date | End Date Format: JJ/MM/AAAA | |
| Access area CIEM V | O if the vessel has access in the area N otherwise | |
| Area access CIEM VI | O if the vessel has access in the area N otherwise | |
| Area access CIEM VII | O if the vessel has access in the area N otherwise | |
| Area access CIEM VIII | O if the vessel has access in the area N otherwise | |
| Area access CIEM IX | O if the vessel has access in the area N otherwise | |
| Access area CIEM X | O if the vessel has access in the area N otherwise | |
| Copace area access 34.1.1 | O if the vessel has access in the area N otherwise | |
| Copace area access 34.1.2 | O if the vessel has access in the area N otherwise | |
| Copace area access 34.2.0 | O if the vessel has access in the area N otherwise | |
| Access to sensitive biological zone (ZBS) Article 6 of R (EC) 1954/2003 | O if the vessel has access in the area N otherwise | |
| Sea spider (Maja brachydactyla) | O if the licence is issued for the operation of this species N otherwise | |
| Crabe peat (Cancer pagurus) | O if the licence is issued for the operation of this species N otherwise | |
| Green crab (Carcinus maenas) | O if the licence is issued for the operation of this species N otherwise | |
| Pink shrimp bouquet (Palaemon serratus) | O if the licence is issued for the operation of this species N otherwise | |
| Etrille (Necoras puber) | O if the licence is issued for the operation of this species N otherwise | |
| Lobster (Homarus gammarus) | O if the licence is issued for the operation of this species N otherwise | |
| Langoustes (Palinurus elephas, Palinurus mauritanicus) | O if the licence is issued for the operation of this species N otherwise | |
| Foot (Mitella pollicipes) | O if the licence is issued for the operation of this species N otherwise | |
| Other species | Species name Format : common name (genre species ) Ex. : Crabe tourteau (Cancer pagurus) | Indicate whether the licence is issued for other crustacean species than those provided for in this deliberation |
| ... | ... | ... |
| (2) In the event of an error identified in the community fleet file, please report it as soon as possible to the relevant marine affairs services. | ||
Done on October 21, 2014.
For the Minister and by delegation:
The Director of Maritime Fisheries and Aquaculture,
C. Bigot
