Decree No. 2014 - 1608 26 December 2014 The Codification Of The Regulatory Part Of Book Ix Of The Code Rural And Sea Fishing

Original Language Title: Décret n° 2014-1608 du 26 décembre 2014 relatif à la codification de la partie réglementaire du livre IX du code rural et de la pêche maritime

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Keywords sustainable development, CODE RURAL and of the fisheries MARITIME, CPMR, book IX, consolidation, part regulatory, CULTURE Navy, operator, shellfish, fisherman, SHIPOWNER, fishing, ORGANISATION PROFESSIONNELLE, SERVICE decentralized DE L'ETAT, SERVICE CENTRAL, fisheries MARITIME, territorial community, REGION LITTORALE, metropolis, overseas, AQUACULTURE MARINE, SANCTION, law CONSTANT JORF n ° 0299 December 27, 2014 page 22407 text no. 7 Decree No. 2014-1608 26 December 2014 the consolidation of regulatory of book IX of the code rural part and the sea fishing NOR: DEVM1411755D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/12/26/DEVM1411755D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/12/26/2014-1608/jo/texte interested Publics: fishermen; shipowners; shellfish farmers and other operators of marine cultivation; professional organizations in the sector of maritime fisheries and marine cultures; Central and decentralized services of the competent State maritime fisheries and marine cultures; territorial communities of the coastal regions of metropolitan France and overseas.
Purpose: consolidation of the regulatory provisions related to marine fisheries and aquaculture marine in book IX of the code rural and maritime fisheries (regulative part).
Entry into force: the text comes into force January 1, 2015.
Notice: the Decree completes the consolidation of the provisions relating to maritime, started fishing with the order of May 6, 2010, creating a book IX of the code rural relative to maritime fishing and marine aquaculture. This codification was conducted essentially law, subject to the amendments required to ensure respect for the hierarchy of standards or because of the repeal of outdated provisions or not applicable. Some adjustments were made to the State of positive law, to harmonize the designation of competent authorities for police and fisheries control, to develop the use of new technologies in the operation of professional organisations, to group the consultative bodies in the management of fisheries resources and to simplify the management of the prior art for the calculation of the rights to produce. Finally, new provisions have been introduced to define the real economic link that a ship flying the french flag shall have with the national territory and complete the licensing scheme applicable to maritime leisure fishing and fishing of marine plants.
References: code rural and sea fishing can be consulted, as amended by this amendment, the site of Légifrance (http://www.legifrance.gouv.fr).
The President of the Republic, on the report of the Prime Minister and the Minister of ecology, sustainable development and energy, having regard to Regulation (EU) No. 1379/2013 of the European Parliament and of the Council of December 11, 2013, on the common organisation of the market in fishery and aquaculture products sector, amending regulations (EC) no 1184/2006 and (EC) no 1224/2009 of the Council and repealing Council Regulation (EC) No 104/2000 of the Council.
Having regard to Regulation (EU) No. 1380/2013 of the European Parliament and of the Council of December 11, 2013, relating to the common fisheries policy, amending regulations (EC) No 1954/2003 and (EC) no 1224/2009 of the Council and repealing Regulations (EC) No 2371/2002 and (EC) No 639/2004 of the Council and Council decision 2004/585/EC;
Having regard to Regulation (EU) No. 1385/2013 of the Council of 17 December 2013 amending regulations (EC) No 850/98 and (EC) no 1224/2009 and the regulations of the European Parliament and of the Council (EC) no 1069/2009, (EU) 1379/2013 and (EU) 1380/2013, following the amendment of the status of Mayotte with regard to the European Union;
Having regard to the electoral code, particularly articles L. 5, L 6, L. 199 and L. 200;
Having regard to the general code of territorial communities, particular articles LO 6214-6, LO 6314-6, LO-6414-6 and LO 64614-3;
Having regard to the code of judicial organization, particular article R. 541 - 1;
Having regard to the code of transport, particular articles l. 5232-1, L 5311-1 and L. 5552-13 to L. 5552-18;
Having regard to the code rural and marine fisheries, including his book IX.
Pursuant to law No. 2013 - 431 28 may 2013 bearing various provisions on infrastructure and services of transport, particularly article 31;
Mindful of Decree No. 59-951 31 July 1959 establishing the limits of the maritime inscription in the estuaries, rivers and channels frequented by marine vessels;
Considering Decree No. 2004-374 of April 29, 2004, amended on the powers of the prefects, the Organization and the action of the services of the State in the regions and departments;
Having regard to Decree No 2006-672 of 8 June 2006 amended relating to the creation, composition and operation of administrative advisory commissions;
Considering Decree No. 2014 - 1271 of 23 October 2014 relating to exceptions to the application of the principle "silent acceptance" on the basis of II of article 21 of Act No. 2000-321 of 12 April 2000 on the rights of the citizens in their relations with Governments as well as the exceptions to the period of two months of birth of the implicit decisions on the basis of the article (Ministry of Ecology II sustainable development and energy);
Considering Decree No. 2014 - 1273 of October 30, 2014, relating to exceptions to the application of the principle "silent acceptance" on the basis of 4 ° of the I of article 21 of Act No. 2000-321 of 12 April 2000 on the rights of the citizens in their relations with Governments as well as the exceptions to the period of two months of birth of the implicit decisions on the basis of the article (Ministry of Ecology II sustainable development and energy);
Having regard to the opinion of the territorial Council of Saint-Barthélemy dated June 5, 2014;
Having regard to the opinion of the regional Council of French Guiana dated July 8, 2014;
Having regard to the opinion of the regional Council of Réunion dated August 26, 2014;
Having regard to the opinion of the general Council of Mayotte as of September 18, 2014: having regard to the referral to the general Council of Guyana as of May 19, 2014;
Having regard to the referral of the territorial Council of Saint Pierre and Miquelon dated May 19, 2014;
Having regard to the referral of the general Council of Guadeloupe dated May 20, 2014;
Having regard to the referral to the regional Council of Martinique dated May 20, 2014;
Having regard to the referral of the general Council of Martinique dated May 20, 2014;
Having regard to the referral to the general Council of the meeting dated May 20, 2014;
Having regard to the referral to the regional Council of Guadeloupe dated May 21, 2014;
Having regard to the referral of the territorial Council of Saint-Martin dated May 21, 2014;
Having regard to the opinion of the superior Commission of codification dated June 3, 2014;
Having regard to the opinion of the national Committee for maritime fisheries and marine farms dated June 19 and September 30, 2014;
Having regard to the opinion of the Committee of local finance (consultative commission of evaluation standards) dated as of June 24, 2014;
Having regard to the opinion of the national shellfish breeding Committee dated September 4, 2014;
The Council of State (section of public works) heard;
The Council of Ministers heard, enacts as follows: Article 1 more on this article...

The provisions of the annex to this Decree are the regulatory part of book IX of the code rural and maritime fishing.
Items identified by a "R.*" correspond to the provisions of a Council of State Decree deliberated in the Council of Ministers, those identified by an "r." correspond to the provisions of a decree in Council of State, those identified by a 'd.' correspond to the provisions of a simple decree.


Article 2 more on this article...

The provisions of part book IX of the code rural and maritime fisheries that mention without reproduce, regulatory provisions other codes, either legislative or regulatory texts, either Community regulations shall be modified by the effect of subsequent modifications to those provisions.


Article 3 read more on this article...

References to provisions repealed by article 4 of this Decree contained in provisions of a regulatory nature are replaced by references to the corresponding provisions of the regulatory part of book IX of the code rural and maritime fishing.


Article 4 more on this article...

I. - Are repealed, as well as the texts or parts of text modifying: 1 ° article 46 of the Decree of 4 July 1853 regulation on coastal marine fisheries in the first maritime district (Cherbourg);
2 ° article 46 of the Decree of 4 July 1853 on the regulation on maritime inshore in the second maritime district (Brest);
3 ° article 46 of the Decree of 4 July 1853 on the regulation on coastal marine fisheries in the third maritime arrondissement (Lorient);
4 ° article 46 of the Decree of 4 July 1853 on the regulation on maritime inshore in the fourth maritime arrondissement (Rochefort);
5 ° the Decree of October 17, 1857, that changes of July 4, 1853 on the inshore fishery in the fourth maritime arrondissement;
6 ° the Decree of April 6, 1859, which amends one from July 4, 1853 on the inshore fishery in the fourth maritime arrondissement;
7 ° article 57 of the Decree of 18 November 1859 on the regulation on maritime inshore in the fifth maritime arrondissement (Toulon);

8 ° the Decree of 23 November 1867, which sets shipping registration limits and the point of termination of the salinity of water in the rivers of Fiume Santo, Fiume Vughio and Aliso flowing in the commune of Saint-Florent (maritime quarter of Bastia, Corsica);
9 ° the Decree of November 7, 1871, change the boundaries of the salinity of waters and maritime entry in the river Durdent (maritime area of Fécamp);
10 ° the Decree of December 5, 1872, change the boundaries of the salinity of waters and maritime entry in the river of the saw;
11 ° the Decree of May 24, 1873, which sets the limits of the salinity of waters and the maritime inscription on the Saane (maritime area of Dieppe);
12 ° the Decree of May 24, 1873, which fixed the boundaries of the salinity of waters and the maritime inscription on the Arques (maritime area of Dieppe);
13 ° the Decree of February 13, 1878, which sets the limits of the salinity of waters and the maritime inscription on the high-seas (maritime district of les Sables-D'olonne) channel;
14 ° the Decree of May 8, 1879, change the boundaries of the salinity of waters and the maritime inscription on the Aa River;
15 ° the Decree of December 16, 1883, change the boundaries of the salinity of the waters on the Aulne River;
16 ° the Decree of October 29, 1889, which sets the limits of the maritime inscription and the point of termination of the salinity of the waters in the maritime area of Dax (Landes);
17 ° the Decree of December 7, 1891, which sets the limits of the maritime inscription and saltwater on the channel from le Havre to Tancarville (maritime quarter of le Havre);
18 ° the Decree of August 31, 1898, amending the boundaries of the maritime inscription and the limit of the saltwater in the channel leading to the port of Calais (Pas-de-Calais);
19 ° the Decree of January 5, 1900, setting limits for the salinity of the water in the watercourse Gapeau, municipality of Hyères (Var Department);
20 ° the Decree of December 29, 1900 amending the boundaries of the salinity of the waters in the Sèvre niortaise (main arm and Rivière du Moulin of the swamp) (Department of Charente-Inférieure, maritime quarter of La Rochelle);
21 ° order of August 21, 1901, amending the Decree of November 23, 1857, which set the limit of the maritime inscription and the limit of the salinity of the water in the river Aliso or Nebio;
22 ° the Decree of 21 February 1902 amending the boundaries of the maritime inscription and the limit of saline waters in the Trieux;
23 ° the Decree of 10 May 1902 amending the boundaries of the maritime inscription and the limit of saline waters in the Orne and the Caen canal to the Sea (Department of the Calvados area of Caen);
24 ° Decree of 7 October 1902 on the amendment of the limit of the maritime inscription and the salinity of the water in the river of Pont l ' Abbé (Department of Finistère Quimper district);
25 ° the Decree of 29 June 1906 on fixing of the limit of the maritime inscription and the limit of salinity of water in the Golo River and the canal of sanitation said Tanghiccia (Corsica);
26 ° Decree of September 6, 1907, setting limits for the salinity of the waters of the Gironde;
27 ° Decree of December 7, 1912, amending the Decree of 19 November 1859 on the regulation of coastal marine fisheries in the fifth maritime arrondissement;
28 ° the Decree of 17 July 1913 establishing the limits of the salinity of water in the Agly, Têt and Tech (Pyrénées-Orientales);
29 ° Decree of 21 December 1915 on the regulation of public administration for the purposes of article 2 of the Decree-Law of 9 January 1852;
30 ° the Decree of 28 March 1919 application creation and operation of fishing settlements;
31 ° Decree of December 27, 1922, amending the public administration from 21 December 1915 concerning the concession of settlements of fishing on the public domain;
32 ° Decree of May 12, 1925, establishing the limit of the salinity of the waters of the Seine;
33 ° the Decree of 12 May 1941 on fishing authorisations for institutions of Algeria;
34 ° the Decree of January 20, 1950 amending the Decree of 4 July 1853 on marine coastal fisheries in the second maritime arrondissement, in relation to the limit of salinity of the waters of the river "Selûne";
35 ° the Decree of 5 February 1957 amendment to the salinity of the waters in the course of Mimizan limit;
36 ° Decree of 3 October 1957 determining the boundary of salinity of water in the canal de Sainte-Marie (Aude);
37 ° Decree of 1 October 1958 amending the boundary of salinity of water in the Vidourle;
38 ° Decree of 4 August 1960 amending the boundary of salinity of water in the river Canche;
39 ° Decree of January 28, 1961, amending the limit of salinity of waters in Jaunay (municipality of Saint-Gilles-sur-Vie);
40 ° Decree of November 7, 1964 on the amendment of the limit of the salinity of water in the river Touques;
41 ° the Decree of 12 April 1965 on the amendment of the limit of salinity of water in the Elorn;
42 ° Decree No. 67-451 June 7, 1967, on the extension of prohibited foreign ships fishing zone;
43 ° Decree 67-769 6 September 1967 relating to the exercise of the profession of mareyeur-sender;
44 ° the Decree of 26 December 1968 amending the boundary of the salinity of the waters of the river life in the Department of Vendée.
45 ° Decree No. 69-576 12 June 1969 amending Decree Law of January 9, 1852, on the coastal maritime fishing;
46 ° Decree of 23 August 1973 laying down the new limit the salinity of water in the river the Lay;
47 ° the Decree of 7 January 1975 laying down the new limit of salinity of the waters of the Dun of Valmont and of the Veules.
48 ° Decree No. 75-884 19 September 1975 on the salinity of the waters of the river Vilaine limit;
49 ° Decree No. 77-69 of 12 January 1977 amending article 46 of the Decree of 4 July 1853 on the regulation of coastal marine fisheries in the 1st arrondissement maritime.
50 ° articles 2 and 3 of Decree No. 77-169 25 February 1977 establishing, in accordance with the provisions of the law of July 16, 1976, an economic zone off the coast of the Department of Saint Pierre and Miquelon;
51 ° articles 2 and 3 of Decree No. 78-142 dated 3 February 1978 establishing, in application of the law of July 16, 1976, an economic zone off the coast of the territory of New Caledonia and dependencies;
52 ° articles 2 and 3 of Decree No. 78-143 3 February 1978 establishing, in application of the law of July 16, 1976, an economic zone off the coast of the territory of French Polynesia.
53 ° articles 2,3 and 4 of Decree No. 78-144 February 3, 1978 on the establishment, under the Act of 16 July 1976, economic zone off the coast of French Southern Lands (territory of the southern lands French Southern and Antarctic);
54 ° articles 2,3 and 4 of Decree No. 78-145 February 3, 1978 on the establishment, under the Act of July 16, 1976, an economic zone off the coast of the territory of the Wallis and Futuna Islands;
55 ° article 4 of Decree No. 78-146 of February 3, 1978, establishing, in application of the law of July 16, 1976, an economic zone off the coast of Tromelin Island, glorious, Juan de Nova, Europa and Bassas-da-India;
56 ° article 4 of Decree No. 78-147 3 February 1978 establishing, under the Act of 16 July 1976, to an economic zone off the coast of the island of Clipperton.
57 ° article 4 of Decree No. 78-149 February 3, 1978, establishing, in application of the law of July 16, 1976, an economic zone off the coast of the territorial community of Mayotte;
58 ° Decree No. 78-963 19 September 1978 laying down the conditions under which foreign vessels may obtain fishing rights in the economic zones that have been created off the coast of alongside of the overseas territories and the territorial entity of Mayotte;
59 ° Decree No. 83-228 22 March 1983 concerning the authorization of marine crop farms;
60 ° Decree No. 84-846 12 September 1984 laying down detailed rules for the application of Act No. 83-582 5 July 1983 concerning the arrangements of the seizure and supplementing the list authorized agents to observe the offences in the field of marine fisheries;
61 ° Decree No. 85-416 4 April 1985 on the control of maritime cooperatives, cooperatives of maritime interest and their unions;
62 ° Decree of 20 December 1985 amending the boundary of salinity of water in the river Blavet;
63 ° Decree of 14 February 1986 laying down the new boundary of the salinity of the waters of the river Valmont;
64 ° Decree No. 86 - 1282 of 16 December 1986 on the recognition and control of producer organisations in the sector of maritime fisheries and marine cultures and the extension to non-members of certain rules of these organizations;
65 ° Decree No. 87-182 19 March 1987 laying down measures to management and conservation of fisheries resources in the territorial waters and economic zone off the coast of Saint Pierre and Miquelon;
66 ° the Decree of 27 March 1987 amending the boundary of salinity of water in the ledge;
67 ° Decree No. 87-368 of 3 June 1987 concerning the approval and control of maritime cooperatives, cooperatives of maritime interest and their unions;
68 ° Decree No. 88-579 of 5 May 1988 amending the boundary of salinity of water in the Arles canal to Fos and creating a limit of salinity of water in the canal from the Rhône to Fos;

69 ° Decree No. 89-247 dated 14 April 1989 on the implementation of article 1 of Act No. 84 - 608 of 16 July 1984 on the french Research Institute for exploitation of the sea;
70 ° articles 7 and 10 of Decree No. 89 - 273, April 26, 1989 on the communication of statistical information;
71 ° Decree of 16 August 1989 laying down the boundary of salinity of the waters of the river the Moros;
72 ° Decree No. 89-1018 of 22 December 1989 concerning the application of the Decree of January 9, 1852, amended on the exercise of the marine fisheries in relation to the determination of the minimum size of capture and landing of fish and other marine organisms;
73 ° Decree No. 90 - 94 of January 25, 1990 taken for the application of title II and title IV of book IX of the code rural and maritime fishing;
74 ° Decree No. 90 - 95 of January 25, 1990 taken for the application of article 3 of the Decree of 9 January 1852 amended fixing the General conditions of the maritime fishing in fishing areas not covered by Community rules of conservation and management;
75 ° Decree No. 90-618 11 July 1990 concerning the exercise of marine recreational fishing;
76 ° Decree No. 90-719 9 August 1990 establishing the conditions for fishing, harvesting or harvesting of marine plants;
77 ° Decree No. 92-376, 1 April 1992 laying down the procedures of organization and holding electoral operations provided for in article L. 912 - 5 du Code rural and maritime fishing;
78 ° Decree No. 92-986 September 9, 1992, laying for the interprofessional organization of shellfish culture organization and held electoral consultations provided for in article L. 912 - 9 of the code rural and maritime fishing;
79 ° Decree No. 93 - 33 January 8, 1993, relating to the licence of operation of fishing vessels taken for the application of article 3-1 of the Decree of January 9, 1852, amended on the exercise of the maritime fishing;
80 ° Decree No. 98 - 1060 of 24 November 1998 on the Council senior policy fisheries, aquaculture and halioalimentaire;
81 ° Decree No. 99 - 928 of 8 November 1999 concerning creation from the national establishment of products of agriculture and the Sea (FranceAgriMer) a national fund of guarantee of purchases of products from the sea;
82 ° Decree No. 2000 - 249, 15 March 2000 amending Decree No. 93-33 of January 8, 1993, relating to the licence of operation of fishing vessels made for the purposes of article 3-1 of the Decree of January 9, 1852, amended on the exercise of the maritime fishing;
83 ° Decree No. 2001-426 11 May 2001 regulating the exercise of the maritime fishing on foot on a professional basis;
84 ° Decree No. 2009 - 1039 of 26 August 2009 concerning the conditions for the exercise of the maritime fishing in southern and Antarctic French and taken for the purposes of article 3 of law No. 66 - 400 of 18 June 1966 changed on the maritime fishing and exploitation of the sea products in southern and Antarctic Territories;
85 ° Decree No. 2010 - 728 of June 29, 2010 laying down the conditions under which ships flying flag of a foreign State may be authorised to fish in the economic zone off the coast of Clipperton Island.
86 ° Decree No. 2010 - 1056 September 3, 2010 appointing officers of administrative police checks intended to ensure compliance with the provisions of book IX of the code rural and maritime fishing;
87 ° Decree No. 2010 - 1110 of 22 September 2010 on the management and the eel fishing.
88 ° order No. 2011-776 of June 28, 2011, laying down the rules of organisation and operation of the national Committee for maritime fisheries and marine farms as well as committees regional, departmental and interdepartmental maritime fisheries and marine farms, with the exception of article 40;
89 ° order No. 2011-888 26 July 2011 regional patterns of development of aquaculture on marine;
90 ° Decree No. 2011 - 1701 30 November 2011 fixing modalities for the Organization and functioning of the interprofessional organization of shellfish culture, with the exception of the II and III of article 26 and article 27;
91 ° Decree No. 2012-36 January 10, 2012, amending Decree No. 2010 - 1056 September 3, 2010 appointing officers of administrative police checks to ensure compliance with the provisions of book IX of the code rural and maritime fishing;
92 ° Decree n ° 2012-64 January 19, 2012, relative to the terms of the first sales of marine fishery products landed in France by french ships;
93 ° Decree No. 2013-1073 of 27 November 2013 on the landing, transhipment and the first placing on the market within the halls at tide products of sea-fishing and marine aquaculture;
94 ° Decree No. 2014-54 of 24 January 2014 defining serious infringements to the rules of the common fisheries and the Community system to prevent, deter and eliminate IUU fishing, unreported and unregulated and establishing a system of penalty points for the masters of fishing vessels;
95 ° lines 13 to 16, corresponding to the provisions under the code rural and marine fisheries in the table annexed to Decree No. 2014-1271 of 23 October 2014 relating to exceptions to the application of the principle "silent acceptance" on the basis of II of article 21 of Act No. 2000-321 of 12 April 2000 on the rights of the citizens in their relations with Governments as well as the exceptions to the time limit of two months of birth of the decisions implied on the basis of the II to this section (Ministry of ecology, sustainable development and energy);
96 ° lines 89-93, corresponding to the provisions under the code rural and marine fisheries in the table annexed to Decree No. 2014-1273 of October 30, 2014, relating to exceptions to the application of the principle "silent acceptance" on the basis of 4 ° of the I of article 21 of Act No. 2000-321 of 12 April 2000 on the rights of the citizens in their relations with Governments as well as the exceptions to the time limit of two months of birth implicit decisions on the basis of the II to this section (Ministry of ecology, sustainable development and energy).
II. - Are repealed: 1 ° A effective January 1, 2017, article 40 of Decree No. 2011 - June 28, 2011 supra 776;
2 ° A count from January 1, 2023, articles R. 951 - 12, R. 951 - 16 and R. 952 - 5 du Code rural and maritime fishing as their of this Decree.
III. - Are and remain repealed: 1 ° the Decree of 17 December 1901 amending the salinity of the waters of the river Blavet.
2 ° the Decree of 12 April 1914 regulating the details of application of the law of December 4, 1913 and determining means of control and surveillance over maritime mutual credit societies;
3 ° the Decree of 31 March 1934 as amended changing the means of control and monitoring of maritime mutual credit societies;
(4) article 5 of the Decree of 9 April 1960 mutual maritime credit;
5 ° the Decree of 12 July 1965 amending the boundary of salinity of water in the river Blavet;
6 ° articles 2 and 3 of Decree No. 77-170 February 25, 1977 for the establishment, pursuant to the provisions of the law of July 16, 1976, to an economic zone off the coast of the Department of French Guiana;
7 ° the articles 2 and 3 of Decree No. 78-146 of February 3, 1978 establishing, in application of the law of July 16, 1976, economic zone off the coast of Tromelin Island, glorious, Juan de Nova, Europa and Bassas-da-India;
8 ° articles 2 and 3 of Decree No. 78-147 February 3, 1978 on the establishment, under the Act of 16 July 1976, to an economic zone off the coast of the island of Clipperton.
9 ° the articles 2 and 3 of Decree No. 78-148 February 3, 1978 establishing, in application of the law of July 16, 1976, to an economic zone off the coast of the Department of Réunion;
10 ° sections 2.3 and 5 of Decree No. 78-149 February 3, 1978 establishing, in application of the law of July 16, 1976, an economic zone off the coast of the territorial community of Mayotte;
11 ° articles 2 and 3 of Decree No. 78-276 of 6 March 1978 on the establishment, under the Act of 16 July 1976, to an economic zone off the coast of the Department of Guadeloupe.
12 ° articles 2 and 3 of Decree No. 78-277 of 6 March 1978 on the establishment, under the Act of 16 July 1976, to an economic zone off the coast of the Department of Martinique.
13 ° Decree No. 84-677 of 17 July 1984 regarding the inclusion on a list of maritime cooperatives, cooperatives of maritime interest and their unions;
14 ° articles 1 to 6.8 and 9 of Decree No. 89-273 26 April 1989 on the implementation of the Decree of January 9, 1852, amended on the exercise of marine fisheries in relation to initial market of the products of sea-fishing and the rules relating to the communications of statistical information;
15 ° the Decree n ° 2007 - 531 6 April 2007 on the implementation of article 3 of the Decree of January 9, 1852, amended on the exercise of the maritime and fishing on the control of catches and landings by fishing vessels flying french flag;
16 ° Decree No. 2011-433 19 April 2011 on the composition and rules of operation of the scientific and technical liaison of maritime fisheries and aquaculture Committee.
IV. - Are also repealed: 1 ° order of June 4, 1963, regulating the creation of reserves and cantonments for coastal maritime fishing;

2 ° the Decree of 18 December 2006 laying down the rules for management of the various permissions schemes defined by the regulatory community and applicable to french professional fishing vessels registered in the European Community;
3 ° the Decree of 26 December 2006 laying down the rules of distribution and collective management of fishing opportunities (catch quotas and fishing effort quotas) of french ships registered in the European Community;
4 ° the Decree of 26 December 2006 laying down a quota expressed in power and tonnage for the licensing of operation of fishing vessels in the overseas departments;
5 ° the Decree of 2 November 2011 on detailed rules for the application of Decree No. 99-928 of 8 November 1999 establishing the national Office interprofessionnel in products from the sea and aquaculture of a national fund of guarantee of purchases of products from the sea, with the exception of article 2;
6 ° the Decree of 2 December 2009 on the prohibition of the use of nets of type purse within 24 nautical miles from the baselines from which the breadth of territorial waters is measured adjacent to Mayotte French;
7 ° the Decree of 28 December 2012 framing different fishing operations the scientific purposes defined by European or national and regulations applicable to french vessels registered in the EU.


Article 5 read more on this article...

I. - The period of two years referred to in the second subparagraph of article R. 921 - 70 of the code rural and maritime fishing as of this Decree is extended to three years for applicants for a first licence filed prior to April 30, 2012.
II. - In Guadeloupe, French Guiana, Martinique, Réunion and Mayotte, requests for concession from farming for which a complete dossier filed and the public inquiry under article L. 923 - 1 of the rural code and maritime fishing was carried out before 31 December 2014 remain educated and issued in accordance with the provisions of article 40 of Decree No. 83-228, March 22, 1983, concerning the authorization of holdings of Marine cultivation.
III. - The date of the first meeting of the Assembly of Guyana and to the Assembly of Martinique following their first election referred to in section 21 of Act No. 2011-884 27 July 2011 relating to local authorities in French Guiana and Martinique, 2 ° of article R. 951 - 3 of the code rural and maritime fishing reads : 2 ° in Guadeloupe, Guyana, Martinique and Réunion, a departmental Advisor and a regional adviser appointed by their respective Assembly; a Deputy is appointed to each of them under the same conditions; ».


Article 6 read more on this article...

I. - Prior art within the meaning of article D. 921 - 1 of the rural code and maritime fishing as of this Decree, implemented national before January 1, 2015 and unallocated at this date, are divided among the producer organisations, vessels not members of a producer organization, in proportion to the average of their reported catches in 2011 2012 and 2013, in order to take into account the evolution of the fleets concerned by the national reserve stocks.
Producer organisations need, before January 1, 2016, notify the Minister in charge of maritime fisheries and aquaculture marine allocation by ship, so affected prior to which they were carried out. The absence of notification, these citations are reallocated to the national reserve.
II. - Prior art constituting the storage of a producer organization before January 1, 2015 and not apportioned to that date may be assigned in accordance with the provisions of the first seven paragraphs of article R. 921 - 47 of the code rural and maritime fishing as of this Decree.
III. - The provisions of article R. 921 - 44 of the code rural and maritime fishing as of this Decree shall apply to the final judgments of activity subsequent to January 1, 2015.
IV. - The provisions of article R. 921 - 45 of the code rural and maritime fishing as of this Decree shall apply to the producer changes subsequent to January 1, 2015.


Article 7 read more on this article...

Groups of ships already established on the date of entry into force of this Decree have a period of one year from that date to submit an application for recognition under the conditions referred to in article D. 921 - 2 of the rural code and maritime fishing as of this Decree.


Article 8 more on this article...

This order comes into force January 1, 2015.


Article 9 read more on this article...

The Prime Minister, the Minister of ecology, sustainable development and energy and the Minister of overseas are responsible, each in relation to the application of this Decree, which shall be published in the Official Journal of the French Republic.

Annex annex book IX: Fishing MARITIME and AQUACULTURE MARINE title I: common provisions chapter I: General provisions Article D911-1 the limit of Maritime Affairs is fixed by the table annexed to Decree No. 59 - 951 31 July 1959 establishing the limits of registration maritime in estuaries, rivers, streams and canals frequented by sea and buildings by article 2 of this Decree.


Article D911-2 the limit the salinity of water in the rivers and canals of the coast of the North Sea, the channel, the Atlantic ocean, the Mediterranean and Corsica is determined in accordance with table no. 1 annexed to this paper.
The terms and conditions under which this limit is determined shall be adopted jointly by the Ministers responsible for maritime fisheries and marine aquaculture, sea and ecology.


Article R * 911-3 i.-the administrative authority of the State competent to take measures for the application of this book is, except particular designation: 1 ° the prefect of the Haute-Normandie region for Nord - Pas-de-Calais, Picardie, Haute-Normandie and Basse-Normandie regions as well as all waters under the sovereignty or French jurisdiction between the line dividing of the waters under the sovereignty or jurisdiction French and Belgian to the Northeast and West one line from the boundary dividing the departments of Manche and Ille-et-Vilaine and joining the following points (geodetic system WGS84): a) Point A: 48 ° 37'40 "N; 01 ° 34'00 "W;
(b) point (b): 48 ° 49'00 "N; 01 ° 49'00 "W;
(c) point (c): 48 ° 53'00 "N; 02 ° 20'00 "W, then from point C going in the direction of a coordinate point 50 ° 02'00" N and 05 ° 40'00 "W;
2 ° the prefect of the Brittany region for all of its area of competence terrestrial as well as all the waters under the sovereignty or French jurisdiction between the Western limit defined above and a line from the boundary dividing the Morbihan and Loire-Atlantique departments and via following coordinates: a) Point A: 47 ° 26'05 "N -; 02 ° 28'00 "W;
(b) point (b): 47 ° 25'17 "N; 02 ° 40'00 "W;
(c) point C: 47 ° 18'48 "N; 02 ° 40'00 "W;
(d) point (d): 47 ° 04'42 "N; 03 ° 04'18 "W, and from this point due west;
3 ° the prefect of the region Pays de la Loire for the whole of its area of land so that for all waters under the sovereignty or jurisdiction included French court between, on the one hand, a line from the boundary dividing the Morbihan and Loire-Atlantique departments and through the points A, B, C and D as defined in 2 ° and (, on the other hand, a line from the dividing boundary of the departments of Vendée and Charente-Maritime and joining the following coordinates points: a) Point A: 46 ° 15'30 "N; 01 ° 12'00 "W;
(b) point (b): 46 ° 15'30 "N; 01 ° 17'30 "W;
(c) point (C): 46 ° 20'30 "N (parallel to the pointe du Grouin in the neck) - 01 ° 35'30" W, and from this point due west;
4 ° the prefect of the Aquitaine region for region Poitou-Charentes and Aquitaine as well as for the whole of the waters under the sovereignty or understood French court between, on the one hand, a line from the boundary dividing the departments of Vendée and Charente-Maritime and passing through the points A, B and C as defined in 3 ° and, secondly, the line dividing the waters under the sovereignty or jurisdiction French and Spanish;
5 ° the prefect of southeastern France for Languedoc-Roussillon and Provence-Alpes-Côte d'Azur regions as well as all the waters under the sovereignty or French jurisdiction between the line dividing the waters under the sovereignty or jurisdiction French and Spanish in the West, and the line dividing of the waters under the sovereignty or jurisdiction French and Italian to the is, with the exception of the territorial waters around la Corse and waters under the sovereignty or jurisdiction of monegasque;
6 ° the prefect of Corsica for its land area as well as the territorial waters around Corsica;
7 ° in the other regions, the prefect of region and in Paris, the Commissioner of police;
8 ° the prefect in Guadeloupe, French Guiana, Martinique, Réunion and Mayotte as well as all the waters under the sovereignty or French jurisdiction off the coast of these communities.
II. - In other authorities overseas and in New Caledonia, the competent administrative authority of the State to take measures for the application of this book which fall within the competence of the State is, special dispensations:

1 ° A Saint-Barthélemy and Saint-Martin, the representative of the State in the communities of Saint-Barthélemy and Saint-Martin;
2 ° a Saint-Pierre and Miquelon, the prefect;
3 ° in French Polynesia and New Caledonia, the High Commissioner of the Republic;
4 ° A Wallis-and-Futuna, the prefect, Chief Officer;
5 ° in the Terres australes and French Antarctic Territories, the prefect, Chief Officer;
6 ° to Clipperton Island, French High Commissioner of the Republic in French Polynesia.
III. - When the geographical area concerned by the measures for the application of this book is not an administrative authority of the State at the local level, or falls under multiple administrative authorities of the State at the local level, these measures are taken by order of the Minister responsible for maritime fisheries and marine aquaculture.


Article R * 911-4 designated in article R.* 911-3 administrative authorities are responsible for policing fisheries at sea and on land. They animate and coordinate the action of the State services in this area. They plan and implement controls.

Chapter II: Organizations professional Section 1: professional organization of maritime fisheries and marine farms sub-section 1: national Committee for maritime fisheries and marine farms paragraph 1: Missions Article R912-1 for the exercise of the tasks defined in the a to d of article L. 912 - 2, the national marine fisheries and marine farms Committee coordinates the action of regional, departmental and interdepartmental committees of maritime fisheries and marine farms.


Article R912 - 2 for the exercise of the tasks defined in article L. 912 c - 2, the national marine fisheries and Committee fixed marine farming conditions and modalities of operation of the system of guarantee against the weather and damage, by resolution approved by Decree of the Ministers responsible for maritime fisheries and marine aquaculture and responsible for the budget.
It establishes a status type of guarantee against damage and weather funds, responsible for the payment of daily allowances to the crews of vessels which, due to weather damage, are detained at the port or may not engage in fishing. It authorized, within the limits of a Fund by jurisdiction of a regional Committee or a departmental or interdepartmental Committee of maritime fisheries and marine farms, the accrued funds in accordance with this Statute type.
It ensures control of the application of the system by these cases, parts and on-site. To this end, he received, for each fiscal year, the activity report and audited each guarantee fund accounts. It shall withdraw approval of funds with the operation responds more to conditions resulting from the provisions of this article.


Article R912-3 the Committee national maritime fisheries and marine farms shall be consulted by the Minister in charge of maritime fisheries and marine aquaculture on: 1 ° measures order and caution to organise the compatibility between the trades mentioned in article L. 921-2-1;
2 ° the technical measures relating to fishing gear;
3 ° the measures relating to the Organization and the operation of the fisheries mentioned in article L. 921-2-2;
4 ° the operation of the professional organization of maritime fisheries and marine farms.

Paragraph 2: Composition and organization of the Council and the bureau Article R912-4 Council of the national Committee for maritime fisheries and marine farms includes forty-two members: 1 ° fourteen representatives of regional marine fisheries and marine farms committees, appointed by the Council of each regional Committee;
2 ° thirteen representatives of the heads of maritime fishing business and a representative of the heads of marine farming business;
3 ° three representatives of maritime co-operatives;
4 ° eleven representatives of producer organizations.
In addition, participate in the work of the Council, with voice but without vote, two representatives of companies of first purchase and transformation of the sector of maritime fisheries and marine farms.


Article R912-5 members of the Council of the national Committee for maritime fisheries and marine farms are appointed by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article R912-6 the Council of the national Committee for maritime fisheries and marine farms elects its members, by secret ballot, the president and vice-presidents, whose number is set by the rules of procedure.
The names of the president and the vice-presidents are published by order of the Minister in charge of maritime fisheries and marine aquaculture.
It can be put an end to the mandate of the president or one of the vice-presidents on the proposal of the Council acting by a majority of 75% of its members.
In case of vacancy of the Presidency of the Committee, the powers of the president are exercised by the first Vice-Chairman or failure by a Vice-Chairman in order of election. This is temporarily until the election of a new president, which takes place at the Board meeting immediately following the finding of the vacancy.


Article R912-7 Council of the national Committee for maritime fisheries and marine farms elects its members, under conditions laid down in the rules of procedure, twelve members representing all professions and agencies referred to in 1 ° to 4 ° of article R. 912-4.
These members form with the president and the vice-presidents, who are members, the office of the national Committee.
The Chairman of the national Committee as Chair of the bureau.

Paragraph 3: Operating the Office Article R912-8 the Council of the national Committee for maritime fisheries and marine farms and Council meets at least four times a year, convened by its president, who sets the agenda.
It shall also be convened either at the request of the Minister in charge of maritime fisheries and marine aquaculture, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The Board deliberates validly if half at least of its members is present or represented. If this quorum is not reached, the Board meets law within a period of at least two weeks, after reconvening on the same agenda and specifying that no quorum will be required.
Except in cases where a qualified majority is required, decisions are adopted by a majority of the members present or represented.
The Minister in charge of maritime fisheries and marine aquaculture is informed of all meetings of the Council, to which it may participate or be represented and whose deliberations are transmitted.


Article R912-9 Council of the national Committee for maritime fisheries and marine farms may, by resolution adopted by a majority of its members, delegate to the bureau the powers that fall within its competence, with the exception of the deliberations on the budget, for the approval of the annual accounts to mandatory professional dues and acts which engage the real estate of the Committee.


Article R912-10 the bureau meets on convocation of its president, who sets the agenda.
It shall also be convened either at the request of the Minister in charge of maritime fisheries and marine aquaculture, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The office deliberates validly if half of its members is present or represented. If this quorum is not reached, it meets right within a period of at least two weeks, after reconvening on the same agenda and specifying that no quorum will be required.
Except in cases where a qualified majority is required, decisions are adopted by a majority of the members present or represented.
The Minister in charge of maritime fisheries and marine aquaculture is informed of all meetings of the bureau, to which it may participate or be represented and whose deliberations are transmitted.


Article R912-11 members of the Council or the office may, with the agreement of the president, participate in debates by videoconferencing or electronic communication means allowing their identification and their effective participation in a collegial deliberation.
This way can not be used when the vote is secret and for discussions relating to the budget, the approval of the annual accounts, professional dues mandatory acts which engage the real estate of the Committee.
Their participation is taken into account for the calculation of the quorum.


Article R912-12 rules of procedure, approved by order of the Minister in charge of maritime fisheries and marine aquaculture, lays down the conditions of operation of the national Committee.


Article R912-13 the office is responsible for management of the system of guarantee against damage and weather with funds approved by him. Its deliberations under the guarantee against damage and weather scheme are taken after opinion of the Committee of the national Committee in charge of the monitoring of social issues.


Article R912-14. in application of article L. 921-2-1, the deliberations adopted by majority of the members of the Council of the national Committee for maritime fisheries and marine farms, or by delegation of the latter office, may be made compulsory by order of the Minister in charge of maritime fisheries and marine aquaculture, including when:

1 ° measures of adequacy of fishing capacity to the available resource in the institution and the quota of fishing authorisations, by adjustment of the fishing effort and by the definition and standardization of the characteristics of the fishing gear;
2 ° of the technicalities of coexistence between different farming activities marine areas of production, density of farms and compatibility of the species reared in the same area, and the technicalities of organization of the various stages of marine, backup of livestock breeding, prophylaxis of farmed products and, where appropriate, eradication of contaminated products.


Article R912-15. in application of the second paragraph of article L. 921-2-2, the deliberations adopted by the majority of the members of the Council of the national Committee of marine fisheries and marine farms, or by delegation of the latter office, may be made compulsory by order of the Minister responsible for maritime fisheries and marine aquaculture, where they provide for measures regulating fishing for species that are not subject to a total allowable catch or to quotas of catch pursuant to a regulation of the European Union and related: 1 ° has the fisheries organisation with regard to the limitation of fishing time, the fixing of the dates of opening and closure of fishing for certain species, the definition of zoning or specific squares;
2 ° a limitation of the volume of catches of some species by the definition of fishing quotas by area or by period and the distribution and management of these quotas at the regional or port level or per unit of effort (fleet, ships or number of embedded men).


R912-16 article the deliberations of the national Committee for maritime fisheries and marine farms fixing the professional dues provided for in article L. 912 - 16 are subject to a notice published in the Official Journal of the French Republic.

Paragraph 4: Skills of the Chair Article R912 - 17 the Chairman of the national Committee for maritime fisheries and marine farms prepares and ensures the execution of the deliberations of the Council and of the bureau, to which it pays account.
It provides direction to the Committee services and represents in all acts of civil life and in its dealings with third parties.
It represents the national justice Committee. As such, it may sue on behalf of the national Committee, after consultation with the bureau.
He may be assisted by a director-general appointed with the agreement of the bureau and to which it may delegate his signature for the administrative and financial functioning, under the conditions laid down in the rules of procedure provided for in article R. 912 - 12.
It may authorize to attend, with voice but without vote, meetings of the Council or the office any person whom it deems the presence useful in light of the order of the day.
The Council may authorise the president to delegate his signature to other members of the bureau under the conditions laid down in the rules of procedure.

Sub-section 2: Regional marine fisheries and marine farms paragraph 1 committees: geographic jurisdiction and missions Article R912-18 an order of the Minister responsible for maritime fisheries and marine aquaculture fixed the list regional committees, their headquarters and their geographical jurisdiction as well as the number of their Board members.
Must adhere to a regional Committee the members of the profession who, regardless of their status, engage in production activities of maritime fisheries and marine farming products within the geographical jurisdiction of the regional Committee.


Article R912-19 regional Committee of maritime fisheries and marine farms is consulted by the administrative authority referred to in article R.* 911-3 on: 1 ° measures order and caution to organise the compatibility between the trades mentioned in article L. 921-2-1;
2 ° the technical measures relating to fishing gear;
3 ° the measures relating to the Organization and the operation of fisheries, mentioned in article L. 921-2-2 for species that are not subject to a total allowable catch or catch quotas pursuant to a regulation of the European Union.


Article R912-20 regional maritime fisheries and marine farms Committee may, by resolution adopted by a majority of the members of its Council, delegate certain of its powers to committees departmental and interdepartmental under its jurisdiction, with the exception of the tasks defined in the b, c and e of article L I. 912-3. The decision sets the rules for financing so delegated missions.


Article R912-21 regional Committee of maritime fisheries and marine farms may recruit and pay of jurors guards responsible for ensuring respect for the application of the regulations for the management of fishery resources under the conditions laid down in article L. 942-2.

Paragraph 2: Composition and organization of the Council and the bureau Article R912-22 the Council of a regional Committee of maritime fisheries and marine farms may not exceed fifty members as follows: 1 ° at least 30% of representatives of entrepreneurs of maritime fisheries and marine breeding;
2 ° at least 30% of representatives of crews and employees of the companies of marine fisheries and marine breeding;
3 ° one or several representatives of the maritime cooperatives, within the limit of 10%;
4 ° one or several representatives of producer organisations, where they exist within the territorial jurisdiction of the regional Committee, within the limits of 10%;
5 ° one or more representatives, within the limits of 10%, committees departmental and interdepartmental where they exist within the territorial jurisdiction of the regional Committee, appointed by the Council of each departmental or interdepartmental Committee of maritime fisheries and marine farms.
Representatives of the colleges mentioned in the 1 ° and 2 ° have an equal number of seats.
In addition, participate in the work of the Council, with voice but without vote, two representatives of companies of first purchase and transformation of the sector of maritime fisheries and marine farms.
An order of the prefect of the region in which the Committee has its headquarters fixed the composition of the Board and the distribution of the seats on the Council between different occupational groups.


Section R912-23 the members of the Council of the regional Committee of maritime fisheries and marine farms are appointed by order of the prefect of the region in which the Committee has its headquarters.


Article R912-24 the Commission of the regional Committee of maritime fisheries and marine farms elects its members, by secret ballot, the president and vice-presidents, whose number is set by the rules of procedure.
The names of the president and the vice-presidents are published by order of the prefect of the region in which the Committee has its headquarters.
It can be put an end to the mandate of the president or one of the vice-presidents on the proposal of the Council acting by a majority of 75% of its members.
In case of vacancy of the Presidency of the Committee, the powers of the president are exercised by the first Vice-Chairman or failure by a Vice-Chairman in order of election. This is temporarily until the election of a new president, which takes place at the Board meeting immediately following the finding of the vacancy.


Article R912-25 the Council of the regional Committee of maritime fisheries and marine farms elects its members, by a majority, under conditions laid down in its rules of procedure, a maximum of twelve members representing all professions and agencies referred to in 1 ° to 5 ° of article R. 912-22.
With the president and the vice-presidents who are members, these members form the office of the regional Committee, the total strength is determined by the rules of procedure.
The president of the regional Committee as Chair of the bureau.

Paragraph 3: Operation Office Article R912-26 the Council of the regional Committee of maritime fisheries and marine farms and Council meets at least four times in the year, at the invitation of its president, who sets the agenda.
It shall also be convened either at the request of the prefect of the region in which the Committee has its headquarters, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The Council of the regional Committee deliberates validly if half at least of its members is present or represented. If this quorum is not reached, the Board meets law within a period of at least a week, after reconvening on the same agenda and specifying that no quorum will be required.
Except in cases where a qualified majority is required, the deliberations are adopted by a majority of the members present or represented.
The prefect of the region in which the Committee has its headquarters is informed of the meetings of the Council in which it may participate or be represented and whose deliberations are transmitted.


Article R912-27 the Council of the regional Committee of maritime fisheries and marine farms may, by resolution adopted by a majority of its members, delegate to the bureau the powers that fall within its competence, with the exception of the deliberations on the budget, the approval of the annual accounts, professional dues mandatory, the establishment of local offices and acts which engage the real estate of the Committee.


Article R912-28

The operating conditions of each regional Committee of maritime fisheries and marine farms are laid down in rules of procedure subject to the approval of the prefect of the region in which the regional Committee has its headquarters, in accordance with the rules of procedure type defined by order of the Minister in charge of maritime fisheries and aquaculture marine.


Article R912-29 office of the regional Committee of maritime fisheries and marine farms meets on convocation of its president, who sets the agenda.
It shall also be convened either at the request of the prefect of the region in which the Committee has its headquarters, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The office deliberates validly if half of its members is present or represented. If this quorum is not reached, it meets right within a period of at least a week, after a new convocation on the same agenda and specifying that no quorum will be required.
Except in cases where a qualified majority is required, decisions are adopted by a majority of the members present or represented.
The prefect of the region in which the Committee has its headquarters is informed of all meetings of the bureau, to which it may participate or be represented and whose deliberations are transmitted.


Article R912-30 members of the Council or the office may, with the agreement of the president, participate in debates by videoconferencing or electronic communication means allowing their identification and their effective participation in a collegial deliberation. This way can not be used when the vote is secret and for discussions related to the budget, the approval of the annual accounts, professional dues mandatory, the establishment of local offices and acts which engage the real estate of the Committee. Their participation is taken into account for the calculation of the quorum.


Article R912-31 in application of article L. 921-2-1, the deliberations adopted by the majority of the members of the Council of the regional Committee of marine fisheries and marine farms, or by delegation of the latter office, may be made compulsory within the territorial waters, by Decree of the administrative authority designated under section R.* 911 - 3 on which they are notified especially when they provide: 1 ° measures of adequacy of fishing capacity to the available resource in the institution and the quota of fishing authorisations, by adjustment of the fishing effort and by the definition and standardization of the characteristics of the fishing gear;
2 ° of the technicalities of coexistence between different farming activities marine areas of production, density of farms and compatibility of the species reared in the same area, and the technicalities of organization of the various stages of marine, backup of livestock breeding, prophylaxis of farmed products and, where appropriate, eradication of products contaminated.
3 ° the definition of harvesting of marine plants and their culture conditions.


Article R912-32. in application of article L. 921-2-2, the deliberations adopted by the majority of the members of the Council of the regional Committee of marine fisheries and marine farms, or by delegation of the latter office, may be made compulsory by Decree of the administrative authority designated under section R.* 911 - 3, on which they are notified when they provide for measures regulating fishing for species that are not subject to a total allowed catches and quotas from catch pursuant to a regulation of the European Union and related: 1 ° has the fisheries organisation with regard to the limitation of fishing time, the fixing of the dates of opening and closure of fishing for certain species, the definition of zoning or specific squares;
2 ° a limitation of the volume of catches of some species by the definition of fishing quotas by area or by period and the distribution and management of these quotas at the regional or port level or per unit of effort (fleet, ships or number of embedded men).


Article R912-33 the deliberations of a regional Committee of maritime fisheries and marine farms fixing the professional dues provided for in article L. 912 - 16 are subject to a notice published in the compendium of administrative acts of the prefecture of the region in which the Committee has its headquarters.


Article R912-34 the deliberations of a regional Committee of marine fisheries and marine farms mentioned in articles R. 912 - 31 and R. 912 - 32 might be contrary to the national Committee's deliberations.
They may provide the conditions in which the modalities of their implementation are defined by decision of the Chairman of the Committee.

Paragraph 4: Skills of the Chair Article R912 - 35 the president of the regional Committee of maritime fisheries and marine farms prepares and ensures the execution of the deliberations of the Council and of the bureau, to which it pays account.
It provides direction to the Committee services and represents in all acts of civil life and in its dealings with third parties.
It represents the regional Committee in justice. As such, it may sue on behalf of his Committee, after consultation with the bureau.
It may authorize to attend, with voice but without vote, meetings of the Council or the office any person whom it deems the presence useful in light of the order of the day.
The Council may authorise the president to delegate his signature under the conditions laid down in the rules of procedure.

Sub-section 3: Committees departmental or interdepartmental maritime fisheries and marine farms paragraph 1: jurisdiction geographical Article R912-36 an order of the Minister responsible for maritime fisheries and marine aquaculture fixed list committees departmental or interdepartmental maritime fisheries and marine farms, their headquarters and their geographical jurisdiction as well as the number of their Board members.
The geographical jurisdiction of a departmental Committee includes the whole of the territory of a Department.
The geographic spring of an interdepartmental Committee includes, without solution of continuity coast throughout the territory of at least two departments under the same regional Committee.
The geographical jurisdiction of a departmental or interdepartmental Committee cannot match the geographic jurisdiction of the regional Committee.
Must adhere to a departmental or interdepartmental Committee members of professions who, regardless of their status, engage in production activities of maritime fisheries and marine farming products within the geographical jurisdiction of this Committee.

Paragraph 2: Composition and organization of the Council and the bureau Article R912-37 the Board of a departmental or interdepartmental Committee of maritime fisheries and marine farms may not exceed forty members as follows: 1 ° at least 35% of representatives of entrepreneurs of maritime fisheries and marine breeding;
2 ° at least 35% of representatives of crews and employees of the companies of marine fisheries and marine breeding;
3 ° one or several representatives of the maritime cooperatives, within the limit of 10%;
4 ° one or several representatives of producer organisations where they exist within the territorial jurisdiction of the Committee, within the limit of 10%.
Representatives of the colleges mentioned in the 1 ° and 2 ° have an equal number of seats.
In addition, participate in the work of the Council, with voice but without vote, two representatives of companies of first purchase and transformation of the sector of maritime fisheries and marine farms.
An order of the prefect of the département in which the Committee has its headquarters fixed the composition of the Board and the distribution of the seats on the Council between different occupational groups.


Article R912-38 members of the Board of a departmental or interdepartmental Committee of maritime fisheries and marine farms are appointed by order of the prefect of the département in which the Committee has its headquarters.


Article R912-39 the Council of departmental or interdepartmental Committee of maritime fisheries and marine farms elects its members, by secret ballot, the president and vice-presidents, whose number is set by the rules of procedure.
The names of the president and the vice-presidents are published by order of the prefect of Department in which the Committee has its headquarters.
It can be put an end to the mandate of the president or one of the vice-presidents on the proposal of the Council acting by a majority of 75% of its members.
In case of vacancy of the Presidency of the Committee, the powers of the president are exercised by the first Vice-Chairman or failing that, by a Vice President in the order of election until the election of a new president, which takes place at the Board meeting immediately following the finding of the vacancy.


Article R912-40 the Council of departmental or interdepartmental Committee of maritime fisheries and marine farms elects its members, by a majority, under conditions laid down in the rules of procedure of the Committee, a maximum of twelve members representing all professions and agencies referred to in 1 ° to 4 ° of article R. 912-37.
With the president and the vice-presidents who are members, these members form the bureau of the Committee, the total strength is determined by the rules of procedure.
The Chairman of the Committee Presidency to the office.


Section R912-41

The operating conditions of each departmental or interdepartmental Committee of maritime fisheries and marine farms are laid down in rules of procedure, subject to the approval of the prefect of the département in which the Committee has its headquarters, in accordance with the rules of procedure type defined by order of the Minister in charge of maritime fisheries and aquaculture marine.


Article R912-42 a departmental or interdepartmental Committee of maritime fisheries and marine farms may recruit and pay of jurors guards responsible for ensuring respect for the application of the regulations for the management of fishery resources under the conditions laid down in article L. 942-2.

Paragraph 3: Operation Office Article R912-43 the Commission of a departmental or interdepartmental Committee of maritime fisheries and marine farms and Council meets at least four times in the year at the invitation of its president, who sets the agenda.
It shall also be convened either at the request of the prefect of the département in which the Committee has its headquarters, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The Council of departmental or interdepartmental Committee deliberates validly if half at least of its members is present or represented. If this quorum is not reached, the Board meets law within a period of at least a week, after reconvening on the same agenda and specifying that no quorum will be required.
Except in cases where a qualified majority is required, the deliberations are adopted by a majority of the members present or represented.
The prefect of the département in which the Committee has its headquarters is informed of the meetings of the Committee, to which it may participate or be represented and whose deliberations are transmitted.


Article R912-44 the Board of a departmental or interdepartmental Committee of marine fisheries or marine farms may, by resolution adopted by a majority of its members, delegate to the bureau the powers that fall within its competence, with the exception of the deliberations on the budget, the approval of the annual accounts, professional dues mandatory, the establishment of local offices and acts which engage the real estate of the Committee.


Article R912-45 the deliberations of a departmental or interdepartmental Committee of maritime fisheries and marine farms fixing the professional dues provided for in article L. 912 - 16 are subject to a notice published in the compendium of administrative acts of the prefecture of the Department in which the Committee has its headquarters.


Article R912-46 the office of departmental or interdepartmental Committee of maritime fisheries and marine farms meets on convocation of its president, who sets the agenda.
It shall also be convened either at the request of the prefect of the département in which the Committee has its headquarters, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The office deliberates validly if half of its members is present or represented. If this quorum is not reached, it meets right within a period of at least a week, after a new convocation on the same agenda and specifying that no quorum will be required.
Except in cases where a qualified majority is required, decisions are adopted by a majority of the members present or represented.
The prefect of the département in which the Committee has its headquarters is informed of all meetings of the bureau, to which it may participate or be represented and whose deliberations are transmitted.


Article R912-47 members of the Council or the office may, with the agreement of the president, participate in debates by videoconferencing or electronic communication means allowing their identification and their effective participation in a collegial deliberation.
This way can not be used when the vote is secret or to discussions relating to the budget, the approval of the annual accounts, professional dues mandatory, the establishment of local offices and acts which engage the real estate of the Committee.
Their participation is taken into account for the calculation of the quorum.

Paragraph 4: Skills of the Chair Article R912 - 48 the president of the departmental or interdepartmental Committee of maritime fisheries and marine farms prepares and ensures the execution of the deliberations of the Council and of the bureau, to which it pays account.
It provides direction to the Committee services and represents in all acts of civil life and in its dealings with third parties.
It represents the justice Committee. As such, it may sue on behalf of his Committee, after consultation with the bureau.
It may authorize to attend, with voice but without vote, meetings of the Council or the office any person whom it deems the presence useful in light of the order of the day.
The Council may authorise the president to delegate his signature under the conditions laid down in the rules of procedure.

Sub-section 4: Local antennas regional, departmental or interdepartmental committees of maritime fisheries and marine farms Article R912-49 by application of article l 912 - 1, regional, departmental and interdepartmental committees of maritime fisheries and marine farms may, by resolution adopted by a majority of the members of the boards of the relevant committees, create local branches.

Sub-section 5: Operating rules common to the national Committee and the regional, departmental or interdepartmental committees of maritime fisheries and marine farms paragraph 1: governing bodies Article R912-50 committees governing bodies mentioned in article L. 912 - 1 are the Council, the bureau and the President.

Paragraph 2: Rules relating to the appointment of the members of governing bodies Article R912-51 members of regional, departmental and interdepartmental committees representing crews and employees of the companies of marine fisheries and marine breeding as well as those representing the heads of these companies are elected in accordance with section 6 of this chapter.


Article R912-52 representatives of entrepreneurs of maritime fisheries and marine breeding to the Council of the national Committee, referred to in 2 ° of article R. 912 - 4, are designated by the representative professional organizations whose statutes are governed by the labour code.


Article R912-53 representatives of maritime co-operatives referred to 3 ° of article R. 912 - 4, to 3 ° of article R. 912 - 22 and 3 ° of article R. 912 - 37 are proposed by the confederal body mentioned in paragraph 11 of article R. 512 - 43 of the monetary and financial code, referred to as "maritime Coopération" among the members of the maritime cooperatives that are not members of the Board of Directors of a producer organisation and operate within the jurisdiction of the Committee concerned.


Article R912-54 representatives of the producer organisations referred to in 4 ° of article R. 912 - 4,-4 ° of article R. 912 - 22 and 4 ° of article R. 912 - 37 are proposed by federations of organisations of producers, among their members representative concerned territorial level and by the organizations of producers not affiliated with a federation, representing at the same territorial level.


Article R912-55 representatives of companies of the first purchase and the transformation of the sector of maritime fisheries and marine farms mentioned in the sixth paragraph of article R. 912 - 4, in the eighth paragraph of article R. 912 - 22 and in the seventh paragraph of article R. 912 - 37 are designated by the representative trade organisations concerned territorial level.


Article R912-56 the term of office of the members of the committees referred to in article L. 912 - 1 is five years.


Article R912-57 members of the committees referred to in article L. 912 - 1 are aged less than 65 years of age on the date of their election or appointment.


Article R912-58 members of the Council and the office of the national Committee and a regional, departmental or interdepartmental Committee of maritime fisheries and marine farms have an alternate, designated under the same conditions as them, and to replace them in the event of absence or incapacity.
In case of absence or impediment of his Deputy, a member of the Board may give proxy to a Board Member belonging to the same college and the same category as those for which he was elected or appointed.
In case of absence or impediment of his Deputy, a member of the bureau can give power of attorney to a member of the office belonging to the same college as that for which he was elected or appointed.
No member of a Committee may hold more than one proxy.


Article R912-59 the resignation of Member of the Council, vice-president or president of the national Committee and a regional, departmental or interdepartmental Committee of maritime fisheries and marine farms is addressed to the authority having delivered his appointment by any means to establish certain date.
The resignation of Board member functions shall be addressed to the Chairman of the Committee concerned by any means to establish certain date.
A resignation is effective on the date of its receipt.

An elected member of the Council and the bureau of a Committee who died or resigned was replaced by his Deputy for the duration of the term, within a period of three months following the finding of the vacancy. A designated member is replaced by his Deputy or, failing this, by any person meeting the same conditions proposed to the authority who made the appointment under the same conditions.

Paragraph 3: Rules relating to the deliberations of the committees Article R912-60 when the adoption of a decision of the national Committee, a regional, departmental or interdepartmental Committee is likely to compromise the interests entrusted to the professional organisation or those which the administration is responsible, the Minister in charge of maritime fisheries and marine aquaculture or administrative authority designated under section R.* 911 - 3 or the prefect of the region or the prefect of the département in which the Committee has its headquarters , depending on the area in which deliberation is likely to grieve, may, within a period of 15 days from the notification that it has been made, ask the president of the Committee concerned, by any means to establish certain date, a call of the governing body in a new period of fifteen days, to conduct the review total or partial of this deliberation.
Where the governing body has not deliberated within the prescribed period, the Minister or the prefect may oppose the adoption of the decision within a further period of fifteen days.
At the end of the review, the Minister or the prefect considers that the new deliberation does not throw the objections they have made, it can oppose in a new period of fifteen days.


Section R912-61 when execution of a decision of the national Committee, a Committee regional, departmental or interdepartmental marine fisheries or marine farms has become likely to compromise the interests entrusted to the professional organisation or those whose administration is responsible, the Minister in charge of maritime fisheries and marine aquaculture or administrative authority designated under section R.* 911 - 3 or the prefect of the region or the prefect of the département in which the Committee has its headquarters Depending on the area in which the deliberation is likely to grieve, can suspend execution.
This decision is notified to the Chairman of the Committee concerned by any means to establish date certain and he requested a new review of the contested decision.
The Minister or the prefect committed then, if it considers it necessary, the procedure referred to in article R. 912 - 60.

Paragraph 4: Financial and accounting rules Article R912-62 of the national Committee and resources of the regional, departmental and interdepartmental committees of maritime fisheries and marine farms include: 1 ° Professional dues provided for in article L. 912-16;
2 ° the contributions by professionals;
3 ° the remuneration for services rendered;
4 ° the revenues property owned and investment products;
5 ° grants;
6 ° donations and bequests;
7 ° the resources assigned the title of the missions of public service and industrial technical center.
The amount of professional dues referred to in 1 ° is fixed by deliberation, respectively, each regional, departmental or interdepartmental Committee and national Committee. Deliberation lays down the objective criteria used to determine the premium rates.


Article R912-63 accounting and financial regulation of the national Committee and the regional, departmental and interdepartmental committees of maritime fisheries and marine farms is defined by joint order of the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the budget.


Section R912-64 planned budget documents of the national Committee and the regional, departmental and interdepartmental committees of maritime fisheries and marine farms are approved by the administrative authority that issued the appointment of the members of their boards. The approval applies execute permission.
The financial accounts of these committees are approved by the administrative authority that issued the appointment of the members of their boards, after certification by an external auditor and approval by the Council.


Article R912-65 credits of public staffing granted to the guarantee against damage and weather system, provided for in articles R. 912 - 2 and R. 912 - 13, are tracked on a balance sheet account detailed annexed to the provisional budget documents and financial accounts of the national Committee for maritime fisheries and marine farms.


Article R912-66 functions of the boards, committees or working groups of the committees created pursuant to article L. 912 - 1 are free.
Under article L. 912-16-1, the Council of the national Committee and the advice of regional, departmental and interdepartmental committees shall fix, by decision adopted by a majority of their members, the amount and terms of payment of lump-sum benefits which may be allocated to their members.
The travel expenses of the members of these committees, commissions and working groups established by them are reimbursed by these organizations to the conditions and the manner of payment of the costs caused by the displacement of the civilian personnel of the State.

Subsection 6: Modalities of organization and holding of elections to regional, departmental or interdepartmental committees of maritime fisheries and marine farms paragraph 1: provisions common Article R912-67 this section is applicable to the election of the members of the boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms, representing: 1 ° the crews and employees of the companies of marine fisheries and marine breeding calling the first college;
2 ° the heads of maritime fisheries and marine breeding company, calling the second college, divided into four categories grouping respectively embedded sea fishing business leaders, Chief Executives of non-embedded sea fishing arming one or more holders of a fishing crew role ships, maritime walk fishing business leaders and the heads of marine farming business.


Article R912-68 the electoral process for election of the members of the boards of departmental, interdepartmental and regional marine fisheries and marine farming referred to in article R. 912 - committees 67 take place under the responsibility of an electoral commission, established by order of the prefect of the region or Department Committee headquarters, depending on whether it is a regional or departmental or interdepartmental Committee Committee.
This Committee, whose jurisdiction extends to the whole of Parliament for the Committee, comprises: 1 ° of the prefect mentioned in the first paragraph or his representative, president;
2 ° of the departmental Director of territories and the sea of the seat of the Committee, in the case of a departmental or interdepartmental Committee, or the Manager of the sea or of the Director of the sea of the headquarters of the Committee in the case of a regional Committee or their representative;
3 ° of a member of the Committee including the election of the Board is the subject of this electoral consultation, appointed on the proposal of the Chairman of the Committee or, failing, directly by the prefect referred to in the first subparagraph. Two alternates are also designated under the same conditions, called to replace the incumbent or the first substitute in the event of incapacity, death, or resignation.


Article R912-69 the polling day for the election of the members of the boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms is fixed by order of the Minister responsible for maritime fisheries and marine aquaculture, published in the Official Journal of the French Republic.


Article R912-70 departmental, interdepartmental and regional committees of maritime fisheries and marine farms assume all costs from the operations provided for by this section.
The cost of paper and printing costs actually incurred professions of faith and the ballots shall be reimbursed by committees to the organizations who have submitted a list having obtained more than 5% of the votes cast in the college or the concerned category, on presentation of supporting documents.

Paragraph 2: Electoral section R912-71 four months at least before the date set for the elections of the members of the boards of departmental, interdepartmental and regional marine fisheries and marine farms committees, the prefect referred to in the first subparagraph of article R. 912 - 68 takes an order, announcing the establishment of the lists of electors by the electoral commission.
This order lists the colleges and the categories concerned. He mentions the dates and hours of polling, the composition of the electoral commission as well as its headquarters. It indicates that new applications for inscription on the lists of electors and requests for correction must achieve within a period of forty days at the headquarters of the commission.
This order is displayed in the direction départementale of territories and the sea services and the services of the interregional Directorate of the sea or the direction of the sea, as well as at the headquarters of the committees involved in the elections. A notice containing the particulars set out in the preceding paragraph is published in a newspaper circulated in the departments concerned.


Article R912-72

The list of electors is prepared and reviewed by the electoral commission referred to in article R. 912 - 68 on the occasion of each renewal the Board of departmental, interdepartmental and regional committees of maritime fisheries and marine farms, taking into account all available information and, in particular, updates and registration and correction requests.
The commission entered voters whose electoral capacity is known to him, even if they have not requested their inclusion, and proceeds to radiation. It rules on registration and correction requests that have been addressed to him.
It may require interested parties any part that would justify their quality to be included on the lists.
The commission shall keep a register of all its decisions which must be motivated and with an indication of the exhibits.


Article R912-73 any person requesting its inclusion on a list of electors for the election of the members of the boards of departmental, interdepartmental and regional marine fisheries and marine farms committees must sign a declaration to the electoral commission mentioned in article R. 912-68. Registration can be done electronically.
The same request applies to registration on the list of electors of a departmental or interdepartmental Committee and that of the corresponding regional Committee.
The applicant shall specify: 1 ° the name and forenames;
2 ° the date and place of birth;
3 ° the address;
4 ° the college of electors, within the meaning of article R. 912 - 67, and possibly the category, which he seeks registration;
5 ° if it exercises the seafaring profession, its identification number.
This application is accompanied by the supporting documents necessary for its examination. The applicant certifies not to be registered from another Committee and undertakes not to seek its registration with another Committee before obtaining his removal of it.
The list on which registration occurs is that which corresponds to the college, and possibly to the category, which the applicant is principally in the electoral district where it has the centre of its activities or professional interests.
Business leaders arming ships or sea fishing on foot in the riding of several committees, as well as the employees of these companies who operate themselves in the exchange of several committees, can choose the Committee where they require to exercise their right to vote.


Section R912-74 the provisions of articles L. 5 and 6 of the electoral code are applicable to registration on a list of electors for the election of the members of the boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms.


Article R912-75 conditions to be put on a list of electors for the election of the members of the boards of departmental, interdepartmental and regional marine fisheries and marine farms committees shall be assessed on 1 July of the year preceding the elections for the renewal of these tips.


Article R912 - 76 are electors in the college crews and employees of the companies of marine fisheries and marine breeding for the election of the members of the boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms: 1 ° seamen in activity having completed at least three months of boarding fishing during the twelve months preceding the date mentioned in article R. 912-75;
2 ° the employees of marine farming companies.
3 ° the employees of the companies of sea fishing on foot.
For the purposes of this article, shall be treated as a boarding pass at any period of shore fishing can be validated for pension in application of articles L. 5552-13 to L. 5552-18 of the code of transport, on condition that the period was immediately preceded a boarding to fishing.


Article R912 - 77 are electors in the college of Heads of maritime fisheries and marine breeding business and in their respective categories for the election of the members of the boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms: 1 ° the heads of maritime fishing business embedded, arming one or more licensed vessels of a fishing crew role , who has completed at least three months of boarding fishing during the twelve months preceding the date referred to in article R. 912 - 75;
2 ° non embedded heads of maritime fishing business, arming one or more licensed vessels for a fishing crew role;
3 ° the heads of marine farming business;
4 ° the entrepreneurs of sea fishing on foot.
For the purposes of this article, business leaders are the leaders of a fishing or marine farming company registered in the register of trade and companies and persons individually practicing their activity on ships with a length less than or equal to twelve meters or performing usually trips of less than 24 hours.


Article R912 - 78 two months at least before the date of the elections of the members of the boards of departmental, interdepartmental and regional marine fisheries and marine farms committees, the closing of the establishment of the electoral procedure is found by order of the prefect mentioned in article R. 912-68.
The electoral lists, signed by the members of the electoral commission, are immediately displayed, for a period of 10 days, at the headquarters of the commission, in the departmental Directorate of the territories and the sea services and the services of the interregional Directorate of the sea or the direction of the sea, as well as at the headquarters of the Committee.


Article R912-79 in the five days following the end of the posting period referred to in article R. 912 - 78, the electoral commission's decisions can be challenged before the Administrative Court by the interested voters.
When the fifth day is a Saturday, a Sunday or a holiday, this period expires the next working day.
The tribunal shall decide within ten days of the appeal.
Appeal to the administrative Court of appeal must, on pain of nullity, be lodged at the registry of the Court within a period of one month, which runs from the notification of the judgment, which includes the indication of the said period. It is considered as a matter of urgency.

Paragraph 3: Eligibility and declarations of candidacy Article R912 - 80 are eligible for Council of departmental, interdepartmental and regional committees of maritime fisheries and marine farms that candidates with less than 65 years old the day of the election.


Article R912 - 81 are eligible for Council of departmental, interdepartmental and regional committees of maritime fisheries and marine farms activity sailors and entrepreneurs of sea fishing embedded fulfilling of the condition of age referred to in article R. 912 - 80, the following conditions: 1 ° be inscribed on the list of electors;
2 ° have completed at least six months of embarking on a ship armed to fishing during the twelve months preceding the date referred to in article R. 912 - 75. Is deemed to be a boarding fishing any period of service on land that can be validated for pension in application of articles L. 5552-13 to L. 5552-18 of the code of transport, on condition that this period has been immediately preceded by a boarding to fishing.


Article R912-82 lists of candidates to the Board of departmental, interdepartmental and regional sea fisheries committees and marine farms are presented by trade unions or professional organisations representative, with the purpose of defending the rights and interests of the persons constituting the particular college and whose statutes are governed by the labour code.


Article R912-83 by way of exception to the provisions of article R. 912 - 81, may be entered on the lists of candidates to the Board of departmental, interdepartmental and regional committees of maritime fisheries and marine farms without being registered on the electoral list: 1 ° in the college crews and employees of the companies of marine fisheries and marine breeding, within the limit of 30% of each registered list (: a) sailors who have contributed at least fifteen years to insurance age of seamen provided for in article l. 5551-1 of the code of transport, and fishermen walk professional carrying on business primarily and contributed at least ten years to the system of social protection of employees in the agricultural occupations covered by article L. 722-20 of this code;
(b) the Secretaries-General and presidents of the representative trade unions with the purpose of defending the rights and interests of the persons constituting the college and whose statutes are governed by the labour code, in post or who have worked five years this activity;
2 ° in the college of business leaders of sea fishing and marine farming, within the limit of 30% of each registered list: a) sailors who have contributed at least fifteen years to insurance age of seamen provided for in article l. 5551-1 of the code of transport, and fishermen to professional foot carrying principally contributed at least ten years to the system of social protection of the employees of the agricultural occupations in respect of main activity maritime fishing for professional foot laid down by article L. 722 - 1 of this code;
(b) the social agents of maritime fisheries and marine breeding companies;

(c) the employees of the companies of marine fisheries and marine breeding;
(d) collaborating spouses).
(e) the Secretaries General and the Chairmen of representative trade unions with the purpose of defending the rights and interests of the persons constituting the category concerned and whose statutes are governed by the labour code, posted or who have worked five years this activity.


Article R912 - 84 to be inscribed on the list of candidates mentioned in article R. 912 - 82, the persons referred to in article R. 912 - 83 made a request for inscription on the list of candidates to the electoral commission. The applicant shall specify: 1 ° the name and forenames;
2 ° the date and place of birth;
3 ° the address;
4 ° the college, and possibly the category, in which he requested its inclusion.
This application is accompanied by the supporting documents necessary for its examination.
The eligibility of a candidate is limited to the college to which it belongs under which it requested its inclusion on the list of candidates and, in the case of the college of business leaders, the category in which the candidate exercises his right to vote or, failing, in which it requested its inclusion on the list of candidates.


Article R912-85 lists of candidates to the Board of departmental, interdepartmental and regional sea fisheries committees and marine farms are filed with the electoral commission, from the date of closure of the list of electors, forty days at least before the election day.
They include a number of names of members to be elected in the college or the concerned category, as well as an equal number of alternates.
However, incomplete lists can be presented at the departmental or interdepartmental, level provided that trade unions or professional organisations referred to in article R. 912 - 82 have filed with the electoral commissions lists, complete or not, within a same college or a same category in at least three departmental or interdepartmental committees in at least three regional committees.
Incomplete lists can also be presented at the regional level by the same trade unions or professional organisations, provided that they have deposited with electoral lists complete or not, commissions within a same college or the same category, in at least three regional committees.
No one may appear on several lists of candidates for a same level of election.


Article R912-86 each list of candidates to the Board of departmental, interdepartmental and regional sea fisheries committees and marine farms is the subject of a statement made by a representative with a written power of attorney signed by each candidate.
The statement indicates the date of the election, the Committee, the college or the category, as well as the name of the organization presenting the list, excluding any other reference and specifies if the candidates are registered on the electoral list.
The declaration is accompanied by there instead of the application for registration provided for in article R. 912 - 84.


Article R912-87 the electoral commission decides on applications for the registration of the lists of candidates to the latest five days after the date deadline for these lists.
The registration is refused within the same period to any list not satisfying the conditions laid down in articles R. 912 - 80 at R. 912 - 86. This refusal is immediately notified to the agent in the list, which then has a period of forty-eight hours: 1 ° either to enter the administrative tribunal;
2 ° either to file a list with the necessary changes; in this case, the commission meets at the end of that period of forty-eight hours and pronounced either registration or refusal of registration of the list, such a refusal as a new period of 48 hours for the purposes of possible referral to the administrative tribunal.
When it is entered on the basis of 2 °, the administrative tribunal statue within three days. Fault for the tribunal to be held within this period, the list is deemed to be registered.


Article R912-88 the president of the commission publishes the final statement of the lists of candidates to the Board of departmental, interdepartmental and regional committees of maritime fisheries and marine farms no later than thirty days before the date of the election. The Minister in charge of maritime fisheries and marine aquaculture is informed of this publication.
Candidates died after the deadline for submitting lists of candidates are not replaced on these lists.

Paragraph 4: Preparation and conduct of electoral operations Article R912-89 the election to the Board of departmental, interdepartmental and regional committees of maritime fisheries and marine farms took place in the proportional representation in a single turn, following the rule of the strongest remains, without mixture, temperature, or preferential voting.
For each list, seats are allocated to candidates in the order where they appear on the list. Tie remains, the seats remaining are allocated according to the age of the candidates in a position to be elected, starting with the oldest.


Article R912-90 no person shall be allowed to vote for the election to the Council of departmental, interdepartmental and regional committees of maritime fisheries and marine farms if it is registered on the electoral roll.


Article R912 - 91 each list of candidates to the Board of departmental, interdepartmental and regional committees of maritime fisheries and marine farms had printed his profession of faith on a maximum size sheet 210 x 297 mm, as well as a number of ballots equal number of electors in the college or the category subject to the election.
The newsletters have a maximum size of 148 x 210 mm. They must not contain particulars other than the date of the election, the Committee, college or the category name and the name of each candidate, the title of the list and the name of the Trade Union or professional organization that presents the list.
Professions of faith and the ballots are transmitted by the electoral commission to voters at least twenty days before the polling day. If there is no list of candidates, the electoral commission address to each elector the list of eligible persons.


Article R912 - 92 if, in college or a category, no list of candidates to the Board of departmental, interdepartmental and regional committees of maritime fisheries and marine farms was registered by the electoral commission, it addressed to each elector the list of eligible persons of this college and, as applicable, of this category.
This list is established under the conditions laid down in article R. 912 - 72. Voters are allowed to vote for eligible people appearing on this list, within the limit of the number of seats of incumbents to fill in their college or their category. Eligible persons having obtained the highest number of votes are declared elected as the holders up to the number of seats of incumbents to be filled, the following being as a substitute up to the same number.


Article R912-93 vote for the election of the Councils of departmental, interdepartmental and regional committees of maritime fisheries and marine farms held by correspondence or by vote at the polling station at the headquarters of the electoral commission the polling day.
May vote by proxy voters who participate in fishing at sea during the twenty days prior to the election day. To this end, they shall submit a request to the electoral commission, prior to the closing of the establishment of the electoral procedure in article R. 912 - 78, accompanied by a Declaration on the honour of their participation in this fishing year. In this application, they shall designate an agent, who must be registered on one of the lists of electors for the election of the Council. Each agent can have only a single proxy.


Article R912-94 in the case of absentee ballots for the election of boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms, ballots are sent by post upon receipt of voting equipment. They must reach the commission at the latest before the close of the poll.
The ballot is placed in a double envelope. The outer door mention, on pain of nullity, the name, forenames, the signature, the address of the voter, the college or the category and the Committee concerned. In the case of a vote by proxy, it also has the name, first name and address of the representative.
The inner envelope shall bear, on pain of nullity, no reference to identify the voter, and it should be closed.
In the case of a vote at the polling station the day of the ballot, the voter, or his representative, whose electoral list after having himself introduced into the ballot box the envelope containing her ballot and justified its identity.


Article R912-95 after the polling day for the election of boards of departmental, interdepartmental and regional committees of maritime fisheries and marine farms, counting is performed in a public meeting, at the headquarters of the electoral commission.
The names of those voting by correspondence are registered on the electoral list by the electoral commission and ballots placed in the ballot box corresponding to the college and the category.
The nullity of the ballots is assessed under the conditions set out in article R. 66 - 2 of the electoral code.

The minutes of the operations, drawn up in duplicate, is signed by the members of the electoral commission. It is immediately transmitted by the Chairman of the electoral commission to the prefect of the region of the headquarters of the Committee and the Minister in charge of maritime fisheries and marine aquaculture.
The result of the poll is displayed within 72 hours following the counting of the ballots at the election commission headquarters.


Article R912 - 96 each list of candidates to the advice of departmental, interdepartmental and regional committees of maritime fisheries and marine farms has the right to designate a delegate authority to control, at the headquarters of the electoral commission, all operations carried out pursuant to articles R. 912 - 94 and R. 912-95. The designated delegate informed the Committee of its intention to participate in the electoral process by any means to establish certain date, not later than the eve of the vote.


Article R912-97 when the lack of list of candidates for the Councils committees departmental, interdepartmental and regional marine fisheries and marine farms voters are asked to vote for persons entered on the list referred to in article R. 912 - 92, voting, counting and proclamation of the results operations are conducted in accordance with the provisions of articles R. 912 - 93 to R. 912-95.

Paragraph 5: Elections partial Article R912-98 there is method in a by-election to designate members of a Council of departmental, interdepartmental and regional committees of maritime fisheries and marine farms, as one or two colleges, in the following cases: 1 ° in case of cancellation of the electoral operations conducted to the designation of representatives of one or two colleges;
2 ° in case of dissolution of the Council pronounced by the prefect, or after it has determined that the Committee is unable to function, that either after the President has advised him of that the number of members serving in the title of one of the colleges, after exhaustion of the possibilities of replacement, is reduced by more than half.
Voters calling the colleges are summoned by prefectoral Decree in the four months following the notification of the judgment to the administration, either the date of the Decree of dissolution, to fill all of the seats allocated to the title of the relevant colleges.
It was taken no by-election during the twelve months preceding the general renewal of advice.


Article R912-99 when it is necessary to proceed in a by-election for the election of members of a Council of the committees departmental, interdepartmental and regional marine fisheries and marine farms, the lists of electors of the concerned colleges are revised in accordance with subsection 2 of this section.
In this case, the conditions for inscription on the lists of electors, including annual boarding fishing and eligible times respectively required for voting, are appreciated on the first day of the month during which the prefectoral decree convening of electors has been taken.

Paragraph 6: Litigation Article R912-100 within five days of the display of the results of the elections to the Councils of departmental, interdepartmental and regional sea fisheries committees and marine farms provided for in article R. 912 - 95, elections may be challenged before the prefect of the Department of the headquarters of the Committee in the case of a departmental or interdepartmental Committee, or the prefect of region , in the case of a regional Committee. The prefect shall act within a period of fifteen days, after consultation, if he considers it useful, the Electoral Commission. Failing this, the challenge is deemed dismissed on the expiry of that period.
The decision by the prefect may be referred to the administrative court which shall decide within a period of two months.
Appeal to the administrative Court of appeal must, on pain of nullity, be lodged at the registry of the Court within the time limit of one month from notification of the judgment that the indication of the said period. It is considered as a matter of urgency.
The elected members shall remain in office until he has definitively ruled on the claims.

Section 2: Professional organization of shellfish aquaculture sub-section 1: national Committee of shellfish aquaculture paragraph 1: Missions Article R912-101 to the exercise of the tasks defined in article L. 912 - 7, national Committee of shellfish aquaculture is responsible: 1 ° to study and propose to public authorities and relevant bodies all general measures concerning shellfish;
2 ° to harmonize: has) the production methods and domain shellfish, particularly as regards coexistence between the various shellfish activities operating in the same areas of production;
(b) good cultural practices, particularly in relation to density and duration of livestock;
3 ° to propose, in compliance with the regulations in force, any technical measure relating to the preservation of threatened livestock, prophylaxis of farmed products and, where appropriate, the eradication of contaminated products;
4 ° to harmonize practices for a proper functioning of the market of the products of shellfish culture, particularly with respect to marketing and traceability of shellfish to the retail products;
5 ° to carry out or participate in any promotion or improvement of the quality of products shellfish and their image;
6 ° to carry out or participate in all studies, experiments, technical or socio-economic research on shellfish and to disseminate the results within the profession;
7 ° to carry out any action to improve the prevention and management of risks and hazards, including climate, health, and environmental affecting the sector;
8 ° to participate in the protection and improvement of the quality of shellfish waters;
9 ° to coordinate the action of the regional committees of shellfish aquaculture and ensure that the whole of the sector is informed of matters of general interest on it.


Shellfish aquaculture national R912-102 the Committee article is consulted by the Minister in charge of maritime fisheries and marine aquaculture on any new legislative or regulatory provision concerning measures: 1 ° the preservation, management and development of resources shellfish;
2 ° the conditions for exercise of shellfish culture, excluding matters relating to the regulation of labour and wage-fixing.
3 ° the functioning of the interbranch organisation of shellfish aquaculture.
The national Committee is kept informed of the guidelines of the European policy for shellfish aquaculture.


Article R912-103 the national shellfish breeding Committee creates and manages the database on the register of the shellfish companies and candidates Directory installation mentioned in article L. 912-7-1.
This database has information that the list is specified by order of the Minister of maritime fisheries and marine aquaculture, in particular those relating to the legal form of the company and the consistency of the farms.
The modalities of the constitution of this database, its management as well as the communication of data derived therefrom are determined by regulatory act authorizing this database, made under the law of January 6, 1978 relative to computers, files and freedoms.
Regional shellfish Committees maintain the register of shellfish companies and applicants to the installation directory.

Paragraph 2: Composition of the Council and bureau Article R912-104 the Council of the national Committee of shellfish aquaculture includes between fifty and sixty members.
It is composed of a 'Production' group and a group 'Distribution and transformation '.
The 'Production' group, which represents at least 60% of the members of the Council, is composed of representatives: 1 ° of operators carrying out the shellfish activities referred to in article R. 923 - 9, which represent at least 50% of the members of the Council and which include representatives: has) of producer organisations recognised;
(b) the cooperative sector professionals;
(c) of ecloseurs;
2 ° of employees on a permanent basis in shellfish growing operations, designated employees on a proposal by their representative organizations.
"Distribution and processing" group is composed of representatives of enterprises of the processing and distribution of products of shellfish aquaculture (including wholesalers, fishmongers-retailers, restaurateurs, ecaillers, supermarkets).
An order of the Minister responsible for maritime fisheries and marine aquaculture fixed the number and the distribution of the members of the Board of the national Committee between different occupational groups mentioned in this article, ensuring a balanced representation of the different sectors of production and distribution, and different production basins.
Each Member has a Deputy appointed under the same conditions, to replace them in the event of absence or incapacity.


Section R912-105 members of the Council of the national Committee of shellfish aquaculture are appointed by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article R912-106

The Chairman of the national Committee of shellfish aquaculture is, on proposal of the Council, named among its members by order of the Minister in charge of maritime fisheries and aquaculture marine.


Item R912-107 the bureau of the national Committee of shellfish includes, in addition to the Chairman of the Committee, who presides, fifteen members appointed by the Council in its breast.
Its composition meets the requirements of article L. 912 - 8.

Paragraph 3: Functioning of the national Committee, and Council Office Article R912-108 the Commission rule by deliberations the life of the national Committee of shellfish aquaculture. It shall meet at the call of the Chairman of the Committee, which shall set the agenda.
The Council shall also be convened either at the request of the Minister in charge of maritime fisheries and marine aquaculture, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The Board deliberates validly if half of its members is present or represented. If this quorum is not reached, the Board meets law within a period of at least two weeks after reconvening on the same agenda and specifying that no quorum will be required. The deliberations are then adopted by the majority of the members present.
The Minister in charge of maritime fisheries and marine aquaculture is informed of all meetings, in which it may participate or be represented, and deliberations and the deliberations voted projects are transmitted.


Article R912-109 on decision taken by the majority of its members, the Board may delegate to its bureau the powers that fall within its competence, with the exception of the deliberations on the budget, year-end accounts and professional dues.
When they are adopted by the bureau, the deliberations of the Committee cannot be made mandatory pursuant to article R. 912 - 111.


Article R912-110 the Chairman of the national Committee of shellfish aquaculture prepares the deliberations of the bureau and the Council and shall ensure their execution. He reports to these bodies.
He is the Director of the national committee services and represents in all acts of civil life and in its dealings with third parties.
It represents the national justice Committee.
He called jobs.
It may authorize to attend with advisory capacity, in the meetings of the Board or the office, any person who considers the presence useful in light of the order of the day.
The Council may authorise the president to delegate his signature under the conditions laid down in the rules of procedure provided for in article R. 912 - 112.


Article R912-111 the discussions on the missions assigned to the national Committee in application of articles L. 912 - 7 and R. 912 - 101, adopted by a majority of the members of the Board, may be made compulsory by order of the Minister in charge of maritime fisheries and marine aquaculture.
When these deliberations are relating to the marketing of shellfish products standards, they can be made binding for a maximum period of three years, by order of the Minister in charge of maritime fisheries and marine aquaculture, after consultation with the Minister responsible for consumption.
The deliberations of the national Committee fixing the annual professional dues provided for in article L. 912 - 16 subject to a notice published in the Official Journal of the French Republic.


Article R912-112 rules of procedure, approved by order of the Minister in charge of maritime fisheries and marine aquaculture, fixed the modalities of functioning of the Council of the national Committee of shellfish aquaculture.
This regulation may provide for the establishment of working committees to prepare the discussions on specific issues.
These committees consist mainly of incumbent or alternate Council members.

Sub-section 2: Regional committees of shellfish aquaculture paragraph 1: territorial jurisdiction Article R912-113 the number of regional committees of the shellfish is between five and ten. Their jurisdiction can cover several administrative regions.
An order of the Minister in charge of maritime fisheries and marine aquaculture fixes the number of regional committees. The limits of the jurisdiction of each regional Committee, headquarters and electoral districts which are attached as well as the number of members of the Council are fixed by the same Decree.

Paragraph 2: Duties Article R912 - 114 for exercise of the tasks laid down in article L. 912 - 7, regional committees of shellfish aquaculture are within their territorial jurisdiction, charges: 1 ° to study, formulate and propose recommendations: has) methods of production and exploitation of the area shellfish, particularly as regards coexistence and the development of shellfish aquaculture activities in the same areas of production;
(b) to good cultural practices, particularly in relation to density and duration of livestock;
c) A better adaptation of production to the needs of the market;
2 ° to perform actions to promote their region shellfish products;
3 ° to create or cause to be created, to facilitate or manage collective action conducive to the exercise of shellfish culture, including those designed to improve the productivity of farms or to organize the exploitation of the shellfish basins such as the markup, maintenance of the access and channels, the dredging and the eradication of pests;
4 ° to propose or to take all measures to improve vocational training and employment;
5 ° to participate in the protection and improvement of the quality of shellfish waters;
6 ° to inform their members of the measures taken by the national Committee and to ensure the execution.
Regional committees provide in addition, in an advisory capacity, the representation of interest shellfish within their territories with the public authorities.


Article R912-115 regional shellfish committees can recruit and remunerate guards jurors loads to ensure respect for the implementation of regulations for the management of fishery resources, in particular monitoring the shellfish area and natural beds whose custody is awarded the regional committees.

Paragraph 3: Composition Article R912-116 the Board of a regional Committee of shellfish includes more than sixty members.
It comprises: 1 ° in majority of representatives of the operators exercising, in the territorial jurisdiction of the regional Committee, the shellfish activities mentioned in article R. 923 - 9;
(2) at least two employees representing staff employed on a permanent basis in these holdings appointed on the proposal of their representative organisations.
An order of the prefect of the region of the seat of the regional Committee sets the distribution of the seats of the Council between the different categories mentioned, ensuring a balanced representation of the different sectors of production.
Each Member has a Deputy appointed under the same conditions.


Article R912-117 an order of the prefect of the region in which the Committee has its headquarters finds the designation or election of members of the Board of a regional Committee of shellfish aquaculture.


Article R912-118 president of a regional Committee of shellfish aquaculture is, on proposal of the Council, named among its members by order of the prefect of the region in which the Committee has its headquarters.
The Council designates one or more Vice-Chairmen.


Article R912-119 the Council of a regional Committee of shellfish rule by deliberations the life of the Committee. It meets at the call of the president, who sets the agenda.
The Commission is also called either at the request of the prefect of the region in which the Committee has its headquarters, or at the request of the majority of its members. The agenda of the meeting includes then priority issues for which it was convened.
The Board deliberates validly if half of its members is present or represented. If this quorum is not reached, the Board meets law within a period of at least two weeks after reconvening on the same agenda and specifying that no quorum will be required. The deliberations are then adopted by the majority of the members present.
The prefect of the region in which the Committee has its headquarters is informed of all meetings, in which it may participate or be represented, and deliberations and the deliberations voted projects are transmitted.
The Council of the regional Committee's deliberations may be contrary to those of the national Committee. If they become contrary to a subsequent national Committee deliberation, they lapse without any need for a new deliberation to see.


Article R912-120 the discussions on the missions assigned to the regional Committee of shellfish aquaculture in application of articles L. 912 - 7 and R. 912 - 114, adopted by a majority of the members of the Council may be made compulsory by order of the prefect of the region in which the Committee has its headquarters.
The deliberations of the regional committees fixing the professional dues provided for in article L. 912 - 16 subject to a notice published in the compendium of administrative acts of the prefecture of the region in which the Committee has its headquarters.


R912-121 the president of the regional Committee of shellfish aquaculture prepares the Council's deliberations and ensures their implementation. He reports to this instance.

It provides direction for the regional Committee services and represents in all acts of civil life and in its dealings with third parties.
It represents the regional Committee in justice.
He called jobs.
It may authorize to attend Advisory Board meetings any person whom it deems the presence useful in light of the order of the day.
The Council may authorise the president to delegate his signature under the conditions laid down in the rules of procedure provided for in article R. 912 - 122.


Article R912-122 the operating conditions of each regional Committee of shellfish aquaculture are set by rules of procedure approved by the prefect of the region in which this Committee has its headquarters.

Sub-section 3: Operating rules common to the national Committee and regional committees of shellfish culture Article R912-123 the term of office of the members of the national Committee and regional committees of the shellfish is fixed at four years.
The members of the Council of these committees who have resigned or died, as well as those who, while in office, occupy more functions in respect of which they have been designated, are replaced by their alternate for the duration of the term.


Article R912-124 when the adoption of a deliberation of the Council or the office of the national Committee, or of a regional shellfish aquaculture Committee, is likely to jeopardize the interests entrusted to the interbranch organisation or those whose administration is responsible, the Minister in charge of maritime fisheries and marine aquaculture or, as the case may be, the prefect of the region where the Committee has its headquarters can , within a period of 15 days from the notification that it was made, request the Chairman of the body concerned, by any means to establish certain date, a call of the governing body in a new period of fifteen days, to conduct the review total or partial of this deliberation.
Where the governing body has not deliberated within the time limit, the Minister or the prefect may oppose the adoption of the decision within a further period of fifteen days.
If, at the outcome of the review, the Minister or the prefect considers that the new deliberation does not throw the objections made, it can oppose in a new period of fifteen days.


Article R912-125 when executing a deliberation of the Council or the office of the national Committee, or of a regional shellfish aquaculture Committee, became likely to compromise the interests entrusted to the interbranch organisation or those whose administration is responsible, the Minister in charge of maritime fisheries and marine aquaculture or, as the case may be, the prefect of the region where the Committee has its seat may suspend execution.
Then notify its decision the president of the organisation concerned, by any means to establish certain date, and asked him to conduct a new review of the contested decision.
He hired then, if it considers it necessary, the procedure referred to in article R. 912 - 124.


Article R912-126 resources national Committee and regional committees of the shellfish include: 1 ° Professional dues provided for in article L. 912 - 16;
2 ° the contributions by professionals;
3 ° the remuneration for services rendered;
4 ° the income of goods and values belonging to them;
5 ° grants;
6 ° donations and bequests.
The amount of professional dues referred to in 1 ° is fixed by decision of the national Committee and each regional Committee, issued pursuant to articles R. 912 - 111 and R. 912-120. Deliberation lays down the objective criteria used to determine the premium rates.


Article R912-127 accounting and financial regulation of the national Committee and regional committees of the shellfish is defined by joint order of the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the budget.
The forecast budget documents of these committees are approved by the administrative authority for the appointment of their members. The approval applies execute permission.
The financial accounts of these committees are approved by the administrative authority who carried out the appointment of their members after certification by an external auditor and approval by the Council.


Article R912-128 the functions of Member of the Board of the national Committee and regional committees of the shellfish are free of charge.
In accordance with article L. 912-16-1, these tips shall fix, by resolution adopted by the majority, the amount and terms of payment lump-sum benefits which may be allocated to their members.
Travel expenses of the members of these committees and commissions established by them are reimbursed by these organizations to the conditions and the manner of payment of the costs caused by the displacement of the civilian personnel of the State.


Article R912-129 members of Council or the office of the national Committee and regional committees of the shellfish may, with the agreement of the president, participate in the debates by means of teleconferencing, videoconferencing or electronic communication allowing their identification and their effective participation in a collegial deliberation. This way can not be used when the vote is secret. Their participation is taken into account for the calculation of the quorum.

Sub-section 4: Modalities of organization and holding of the elections to the regional committees of shellfish aquaculture paragraph 1: General provisions Article R912-130 members of the Board of a regional Committee of shellfish aquaculture representing operators of the various shellfish are appointed by the prefect of the region in which the Committee has its headquarters, on proposal of their representative organisations.
The Minister in charge of maritime fisheries and marine aquaculture fixed by Decree the date on which the joint proposals from organizations must achieve the prefect of the region. This order is published in the Official Journal of the French Republic no later than fifteen days before the date so fixed.
If, at that time, the organizations made their joint proposals, the prefect shall take note and makes the appointments.
If, at that date, organizations have not been able to formulate their joint proposals, the prefect of the region finds failure to agree, shall inform the Minister responsible for maritime fisheries and marine aquaculture which stops the date of elections, common to all regional for which committees should be organized.


Article R912-131 the conditions of eligibility to the Council of a regional Committee of shellfish-farming referred to in article R. 912 - 137 are also required for the appointment under the conditions provided for in the third subparagraph of article R. 912 - 130.
No person shall be elected or appointed in a single regional Committee.


Article R912-132 the prefect of region is responsible for the General Organization of the elections to the regional Committee of shellfish aquaculture.
It fixed by order hours opening and closing of the poll, the number of polling stations and the conditions under which the vote can intervene by correspondence.


Article R912-133 regional shellfish committees assume all the costs relating to the electoral process provided for in this section.

Paragraph 2: Lists electoral section R912-134 are voters to nominate the members of the Board of a regional shellfish aquaculture Committee operators, dealers in the jurisdiction of this Committee, which exercise their activity for a year at least and the establishment has a dimension at least equal to that of first installation provided for by article D. 923 - 7. These operators are in good standing with regard to the payment of professional dues provided for in article L. 912 - 16. These conditions shall be assessed at the date of closing of the lists of electors.
The provisions of articles L. 5 and 6 of the electoral code are applicable for inclusion on a list of electors for the election of the members of the Board of a regional Committee.
The applicant is entered on a list that corresponds to the category where it is established, in the electoral district where it has the centre of its activities or professional interests.


Section R912-135 the nominal list of voters for the election of a regional Committee of shellfish aquaculture is prepared by the departmental directors of territories and sea and arrested by the prefect of the region, at least two months before the election date.
It is immediately displayed, for a period of ten days, in the premises of the services of the departmental Directorate of territories and the sea, the headquarters of the regional Committee and the municipal authorities of the interested shellfish centres.


Article R912-136 in the five days following the end of the posting period, the list of electors for the election of a regional Committee of shellfish can be challenged before the Administrative Court by the interested voters.
The tribunal shall decide within ten days of the appeal.
Appeal to the administrative Court of appeal must, on pain of nullity, be lodged at the registry of the Court within a period of one month, which runs from the notification of the judgment, which includes the indication of the said period. It is considered as a matter of urgency.

Paragraph 3: Conditions of eligibility and nomination statements Article R912-137

Are eligible as members of the Board of a regional shellfish aquaculture Committee operators who perform their activity in the district for at least three years and which has a dimension at least equal to the minimum size of reference laid down in article D. 923 - 7 for the spring of the concerned regional Committee, and who are in good standing with regard to the payment of professional dues imposed by article L. 912-16.


Article R912-138 representatives of operators in the various activities of the shellfish on the Board of a regional Committee of shellfish aquaculture are elected to majority voting to a round.
Voting takes place by secret ballot.
No person shall be allowed to vote if it is inscribed on a list of electors.
Each elector votes only for the designation of the representatives of its category.


Article R912-139 nominations to the Board of a regional Committee of shellfish aquaculture are addressed with the services of the departmental Directorate of the territories and the sea at least one month before the date of the election.
The list of candidates and alternates is stopped by the prefect of the region at least twenty-one days before the date the returning officer and immediately displayed in the premises of the services of the departmental Directorate of territories and the sea, at the headquarters of the regional Committee and the municipal authorities of the interested shellfish centres.

Paragraph 4: Conduct of electoral operations Article R912-140 voters make up a ballot with a number of names of candidates exceeding the number of seats to be filled on the Board of a regional Committee of shellfish aquaculture. Shall be declared elected candidates, as well as their respective alternates, who collected the largest number of votes.
In the event of equality of votes for any seats remaining to be filled, the allocation is carried out according to the age of the candidates in a position to be elected starting with the oldest.


Article R912-141 polling stations responsible for the counting of the election of the Board of a regional Committee of shellfish aquaculture are composed of a representative of the administration appointed by the prefect, Chairman, and two operators, completing the requirements to be eligible.
In the absence of an operator designated for polling, the prefect means ex officio an officer of its services to replace. Mention in is raised to the minutes.
In case of dispute, poll decided the validity of ballots.


Article R912-142 the counting of the election of the Board of a regional Committee of shellfish aquaculture takes place immediately after the close of the poll, in a public meeting.
The minutes of the operations is signed by the members of the polling station. It is immediately transmitted by the president to the prefect of the Department in whose jurisdiction is located the electoral district concerned.
The result of the ballot is posted within three days following the counting at the headquarters of the electoral district, at the headquarters of the regional Committee, in the premises of the direction départementale of territories and the sea services and town halls interested shellfish centres.


R912 143d within five days of viewing the results provided for in article R. 912 - 142, transactions for the election of the Board of a regional Committee of shellfish aquaculture can be challenged before the prefect of Department in whose jurisdiction is located the electoral district.
The prefect shall decide within a period of fifteen days. Failing this, the challenge is deemed dismissed on the expiry of that period.
The decision by the prefect may be referred to the administrative court which shall decide within a period of two months.
Appeal to the administrative Court of appeal must, on pain of nullity, be lodged at the registry of the Court within the time limit of one month from notification of the judgment that the indication of the said period. It is considered as a matter of urgency.

Section 3: Organizations of producers sub-section 1: recognition and control Article D912-144 any organization of producers or association of producer organisations established in the sector of maritime fisheries and marine aquaculture which wishes to be recognized in accordance with the regulations European common organization of the market in fishery and aquaculture products address its application to the administrative authority designated under section R.* 911-3 which is the headquarters of the organization or the association.
This authority shall transmit the application for recognition to the Minister in charge of maritime fisheries and marine aquaculture, with a reasoned proposal.


Article D912-145 application for recognition as a producer organisation or association of producer organisations shall include the information laid down in European regulations on the common organisation of the market in fishery and aquaculture products sector, and includes: 1 ° the constituent instrument of the organization or the association;
2 ° the list of its members;
3 ° the zone of activity expressed in code NUTS (region, Department), where the producer organisation or association of producer organisations shall exercise his powers;
4 ° the relative weight of the producer organisation or of the association of producer organisations in this area, in quantities and value of products sold as well as number of members;
5 ° its fields of competence;
6 ° the list of main species caught or produced by its members during the year preceding the request, and representing at least 5% of its total production in quantity or value;
7 ° the quotas that the producer organisation or association of producer organisations will be likely to manage in marine fisheries sector;
8 ° the draft plan production and marketing organization or association intends to implement.
When a producer organisation or association of producer organisations wants to be recognized for fishing and aquaculture activities activities, the information necessary for the processing of its application are presented for each of the areas of competence concerned by the application.


Article D912-146 a producer organisation or association of producer organisations has sufficient economic activity within the meaning of the European regulation on the common organisation of the market in fishery and aquaculture products sector when one of the following conditions is met: 1 ° the number of vessels operated by members is at least 20% of the total number of vessels usually present on its area of activity;
2 ° the production of the producer organisation or of the association of producer organisations is 15% at least of the production total in its area of activity, expressed in tonnage.
3 ° the production of the producer organisation or of the association of producer organisations represents 30% at least of the production in a port or a market, which is located in its area of activity and that totals at least equivalent, all species together, thousand tonnes of annual intake of whole food.
Where a producer organisation or an association of producers accounts for producers at least 30% of which usually operate in one or several different areas from those where the ships operated by its members have their home ports, economic activity is considered sufficient if the production of the producer organisation or of the association of producer organisations at least represents 4% of the national production expressed in tonnage.
When recognition is sought for farming productions, economic activity is considered sufficient if the producer organisation or association of producer organisations at least 25% of the total production in its area expressed in tonnage.
When a producer organisation or association of producer organisations would like to be recognized for fishing and aquaculture activities activities, the criterion of economic activity is checked for each of the areas of competence concerned.


Article D912-147 the recognition of producer organisations shall be declared by an order of the Minister responsible for maritime fisheries and marine aquaculture, published in the Official Journal of the French Republic.


Article D912-148 of producer organisations or their associations communicate, before 1 July of each year, the administrative authority designated in article R.* 911-3 which is the headquarters of the Organization, the information that must be provided pursuant to articles D. 912 - 145 and D. 912 - 146 when they have been the subject of an amendment or when they should be annually updates in order to verify that the conditions for recognition are met.
If the situation warrants, the administrative authority proposes, before 31 July to the Minister in charge of maritime fisheries and marine aquaculture the withdrawal of recognition.


Article D912-149 in the case where a producer organization or an association of producer organisations recognised no longer meets the conditions for recognition laid down in European regulations on the common organisation of the market in fishery and aquaculture products sector, recognition may be withdrawn by an order of the Minister in charge of maritime fisheries and marine aquaculture.

The Minister responsible for maritime fisheries and marine aquaculture informed beforehand by registered letter with acknowledgement of receipt, the producer organisation or association of producer organisations concerned of the reasons for which it considers the withdrawal of its recognition and invited it to submit its observations within a period of two months.

Sub-section 2: Extension of certain rules of organizations of producers Article R912-150 the request for extension of rules is addressed by the producer organisation or association of producer organisations, under the conditions laid down by European regulations on the common organisation of the market in fishery and aquaculture products sector, to the administrative authority referred to in article R.* 911-3, which is the headquarters of the organization or the association. This authority is conducting the investigation of claims and shall transmit to the Minister in charge of maritime fisheries and aquaculture marine those that meet the conditions set for the extension by European regulations, for the purposes of notification to the European Commission.
When the extension of the rules envisaged concerning an area and goods covered by several producer organisations or associations of producer organisations, the request is made jointly by these producer organisations or associations of producer organisations. For the assessment of their representativeness, these organizations are regarded as constituting a single organization.


Article R912 - 151 after authorisation by the Commission European, the extension decision is made by order of the administrative authority designated under section R.* 911-3 which is the Head Office of the producer organisation or Association of producer organisations.
When the extension of proposed rules concerning an area and goods covered by several organizations of producers or associations of producer organisations, the decision of extension is made by order of the administrative authority referred to in article R.* 911-3, which is the headquarters of the organization or the association most representative in terms of adherents.
By way of derogation from article R.* 911 - 3, when the area of activity of the Organization of producers or association of producer organisations extends over several regions, the extension decision is taken, after consultation with the other administrative authorities designated to this article competent for these regions, by order of the administrative authority designated in article R.* 911 - 3 which is the Head Office of the producer organisation or Association of producer organisations.
The extension order defines the products concerned, the rules that are actually expanded, the regions in which they are applicable and the duration of the extension.

Chapter III: Article R913-1 information system when these rules do not result from European regulations, the Minister responsible for maritime fisheries and marine aquaculture lays down the rules to the form, content, transmission and the periodicity of the declarative obligations laid down by article L. 932 - 2 applicable to fishing vessels flying the french flag.
In order to ensure compliance with fishing opportunities, it can impose the holding of a diary which includes details of species held on board, places and periods of capture so that the mode of fishing used.
It sets also the rules on periodicity, to form, to the content and to the transmission of statements of the quantities and values of the products of sea-fishing put on the market, by species, size, quality and mode of presentation, applicable to fishermen, producers, first buyers, carriers, importers and exporters, their recognized organizations and managers of halls at tide organisms in relation to their respective activities, as well as the transmission obligations faced by organizations that possess statistical information on behalf of the producers.

Chapter IV: Advisory bodies and participation of the public Section 1: Regional Commission of maritime fisheries and marine aquaculture Article D914-1 regional maritime fisheries and marine aquaculture commission competes in each coastal region, the implementation of public policy on fisheries and marine aquaculture and the orientation of the choice of equipment in these areas. It is governed by the provisions of articles 8 and 9 of Decree No. 2006-665 of 7 June 2006 on the reduction of the number and the simplification of the composition of various administrative committees.
The commission is particularly consulted, in the cases and manner provided by legislative or regulatory provisions, on investment projects in the areas of maritime fisheries and marine aquaculture for which is sought assistance from the State or public aid under the common fisheries policy as well as on the allocation by the State or one of its establishments grants for equipment or port equipment for collective use for fishing or landing, marketing and shipping of the fishery products.
It is also consulted on the issuance, by the prefect of the region of the place of registration of the ship, permits operation of vessels 25 metres or less in overall length intended to be armed with professional fishing, under the conditions laid down in article R. 921-10.


Section D914-2 regional commission of maritime fisheries and marine aquaculture is presided over by the prefect of the region and includes: 1 ° the representatives of the services of the State, including the Manager of the sea and the regional director of public finances;
2 ° the representatives of local authorities, including the president of the regional Council and the president of the departmental Council of each of the coastal departments;
3 ° representatives of the marine fisheries sector and marine farms including the president of the regional Committee of maritime fisheries and marine farms as well as banking agencies involved in this sector;
4 ° of persons with a scientific and technical competence in the fields of intervention of the commission.
Members of the regional commission of maritime fisheries and marine aquaculture are appointed for a term of four years. Their mandate is renewable.

Section 2: Committee on marine cultivation Article D914-3 in each district defined by order of the Minister in charge of maritime fisheries and marine aquaculture, there is hereby established a commission of marine cultures, which is consulted: 1 ° on any proposed extension or reduction of the public maritime domain assigned to marine cultivation;
2 ° on the projects for development or redevelopment of areas of marine cultures located in the electoral district;
3 ° on the draft framework for the structures of marine crop farms;
4 ° on draft decisions relating to authorizations for operation of marine cultures, water intakes and operation of floating viviers.


Article D914-4 are members of the commission of marine cultures, in addition to the prefect of the Department seat of the commission, or his representative, who chairs: 1 ° seven other representatives of the services of the State: a) the departmental Director of territories and the sea;
(b) the person in charge of the Department in charge of Maritime Affairs at the direction départementale of territories and the sea;
(c) the departmental Director of public finances;
(d) the Director of the regional health agency);
e) the head of the Department responsible for the protection of consumers in the departmental Directorate responsible for the protection of the population;
(f) the head of the service responsible for issues of animal health and food in the departmental Directorate responsible for the protection of the population);
(g) the regional director of the environment, regional planning and housing;
2 ° two departmental advisers;
3 ° nine professional representatives: a) the president of the regional Committee of shellfish aquaculture;
b) eight counts of exploitation of marine cultures which, where they exist, at least an age of 35 years of age at the date of his appointment. According to the order of the day, professional delegation includes representatives of shellfish, or representatives of marine cultures other than shellfish, either representatives of these two activities.


Article D914 - 5 participate with voice but without vote at meetings of the commission on marine cultivation: 1 ° the maritime prefect or his representative;
2 ° a representative of the french Research Institute for exploitation of the Sea (IFREMER);
3 ° the president of the regional Committee of maritime fisheries and marine farms or his representative;
4 ° a representative of environmental associations approved under the conditions set out in article L. 141 - 1 of the environment code.
5 ° a representative of professional bodies in the water sports sector;
6 ° a representative of each of the marine protected areas located partly within the jurisdiction of the geographical from the commission, with the exception of those mentioned to 3 ° of article L. 334 III - or 1 of the environment code.
Qualified personalities, including organizations of specialized credit and institutions or centres of initial or continuing training can be associated as appropriate, on invitation of the president, in a consultative capacity in the work of the commission.


Article D914-6

When the riding of a commission of marine cultures consists of more than one Department: 1 ° the representatives of the services of the State mentioned in article D. 914 - 4 are either those of the Department seat of the commission, or those of the Department concerned folders to the agenda;
2 ° the two departmental advisers mentioned in 2 of the same article are designated by each departmental Council and sit when the files examined relate to their Department.
3 ° a representative of authorized environmental associations referred to in article D. 914 4 - 5 is designated from among the associations at pluridepartementale or regional jurisdiction.


Article D914-7 an order of the Minister responsible for maritime fisheries and accurate marine aquaculture conditions of designation, on the proposal of the relevant regional committees, professional representatives to the commission of marine cultures and their alternates, in each of the three formations.


Article R914-8 the provisions of Decree No. 2006-672 of 8 June 2006 as amended relating to the creation, composition and the functioning of administrative commissions Advisory are applicable to the functioning of the commission on marine crops, subject to the following provisions: 1 ° the term of office of professional members shall be four years;
2 ° the quorum is regarded as met if at least, including at least four professional representatives eight members are present.
An order of the Minister in charge of maritime fisheries and marine aquaculture specifies the procedure for the examination of records by the commission.


Article D914-9 if he asks, the petitioner whose request for authorisation is subject to the opinion of the Committee of marine cultures is understood prior to deliberation.


Article D914-10 notice of the french Research Institute for exploitation of the sea is communicated to the commission of marine cultures until it renders its opinion.


Article D914-11 the marine crops Committee meets in training restricted to: 1 ° propose each year a comprehensive assessment of the existing concessions in function: has) of transactions the previous two years in each of the geographic areas determined pursuant to article D. 923 - 7 and for each existing activities of the sector;
(b) the average value of transfer benefits paid;
(c) the value of performance taking into account major production systems which are implemented and of the characteristics of the environment;
2 ° establish a directory of allowances transfer values.
It can consult for this purpose the regional Committee of shellfish aquaculture.
The information contained in the directory of the allowances transfer values are intended to serve as a reference for the estimation of the allowance provided for in article R. 923 - 34 and in article R. 923 - 44.
The absence of adequate references for a species or for a particular sector, an average value is proposed by the commission of marine cultures after consultation with the relevant regional shellfish aquaculture Committee.


Article D914-12 when it meets in limited training, marine cultures commission covers only its president, seven other representatives of the State, the president of the regional Committee of shellfish aquaculture and seven business leaders designated by the commission among the members or alternates of the professional delegation.

Title II: CONSERVATION and management of the fisheries chapter I: resources: provisions General Section 1: provisions common to marine fishing activities subsection 1 permissions: Definitions and scope of application Article D921-1 for the purposes of this book, means: 1 ° 'Fishing vessel': any vessel, other than those exclusively allocated to holdings of marine aquaculture, training or scientific research equipped for commercial exploitation of living aquatic resources;
2 ° 'Operation (SME) licence': prior administrative authorisation for the entry into the fleet or the increase of the maximum physical characteristics of a professional sea fishing vessel, whether the power (in kW), tonnage (in GT or UMS) tonnage safety (in GTS or UMSS);
3 ° 'European fishing licence': licence which gives its holder, for a ship given, law, within the limits set by the relevant national and European, to use a certain fishing capacity for commercial exploitation of living aquatic resources;
4 ° "Fishing authorisation": authorisation issued in accordance with international, European, national or professional regulations in force, which gives its holder, for a ship given, the right to access one or more fisheries;
5 ° 'Producer' or 'owner': natural or legal person who operates a commercial fishing vessel;
6 ° "Fishery", except in articles R. 922 - 42 and D. 922 - 19: fishing activity characterized by a maritime areas through the use of a fishing gear, by the capture of a species, by the assignment of any quota of catches or fishing effort, by means of one or periods of fishing or a combination of these criteria;
7 ° 'Producer organisation fishing vessel': any fishing vessel flying the french flag, registered in the European Union, said active file of the fishing fleet European and Member, through the Act of accession of a producer, a producer organization recognized within the meaning of EU legislation;
8 ° 'Ex-producer organization fishing vessel': any fishing vessel flying flag french and registered in the European Union, declared active to the file of the fishing fleet European and non member of a producer organisation recognised within the meaning of EU legislation;
9 ° 'Grouping of fishing vessels': unit consisting of at least two vessels by fishery defined in section D. 921 - 2;
10 ° "Fishing effort": a vessel, the product of its capacity and its activity for a group of vessels, the sum of the fishing effort of all vessels of the Group;
11 ° "Fishing capacity": the tonnage of a vessel expressed in gross tonnage (GT) and power in kilowatts (kW);
12 ° "Catch quota": the maximum amount of catch that can be performed on a stock given and that can be landed, accessible to ships flying flag french and registered in the European Union; This amount may be fixed by the Council of the European Union (European catch quota allocated to the France) or by the French authorities (established by the France catch quota); a catch quota is mass measured in tonnes or kilograms live weight;
13 ° 'Quota of fishing effort': the maximum activity of fishing or absent from port to capture a quantity of one or specific stocks, or the product of this term by the fishing capacity, expressed in units of power (kW) or tonnage (GT or UMS), accessible to ships flying flag french and registered in the Union European; This term or this product may be fixed by the Council of the European Union (European fishing effort quota allocated to the France) or by the French authorities (established by the France fishing effort quota); a quota of fishing effort is expressed either in days or in kW-days, either in kW-hours, or in GT-days;
14 ° "Anticipation": a historical reference pertaining to maritime fishing activity or conducting exchange carried out by an organization of producers at a given date. It is based on data reported by masters of fishing vessels in accordance with European and national regulations, in accordance with article D. 921 - 5. It constitutes a basis for carrying out the distribution of quotas and not a right to claim these quotas;
15 ° "Stock": unity of management of fisheries resources, corresponding to a species or a group of marine species living in a geographical sea area given;
16 ° 'Fleet segment': a set of ships operating in a given maritime zone, corresponding at the most to a maritime façade, using a device or a group of specific fishing gear.


Article D921-2 a group of ships, within the meaning of this code, may be recognized as soon as it meets all of the following criteria: 1 ° group at least two fishing vessels of two different non-member producers to an organization of producers for at least three years, flying the french flag, registered in the European Union and declared active to the file of the European fishing fleet;
2 ° have statutes and rules of procedure which: has) specify the geographical area where it exercises its jurisdiction;
b) stating the sub-quotas managed by the grouping of ships;
(c) specify the terms of adoption within the Board of Directors of the rules of the sub-quotas which ships group manages;
(d) determine the membership rules, resignation and exclusion of vessels joining the grouping of ships;
(e) specify the terms of sanctions against members for non-compliance with applicable rules;
3 ° keep the list updated of its leaders and its members at the disposal of the administration;
4 ° the material and human resources necessary for monitoring and management of the concerned sub-quotas;
5 ° to represent a significant share of quota within the quota allocated to the France.

The items to be provided in support of the application for recognition are set by order of the Minister responsible for maritime fisheries and marine aquaculture.
The recognition of a grouping of ships is pronounced for a duration of up to three years by an order of the Minister, published in the Official Journal of the French Republic.


Article D921-3 each grouping of ships recognized shall communicate each year, before 1 February, the Minister responsible for maritime fisheries and marine aquaculture: 1 ° any changes to its statutes and those affecting one of the elements provided in the application for recognition.
2 ° the production landed by its members over the past year;
3 ° an activity report.
If the conditions that led to the recognition of the Group's ships cease to be met, the Minister asked the group to provide the reasons justifying this new situation within a period of two months. A default response or justification within the allotted time, the recognition is withdrawn by order of the Minister, published in the Official Journal of the French Republic.

Sub-section 2: Real economic link with the national territory Article R921-4 a ship flying french flag has a real economic link with the french territory and is directed and controlled from a permanent establishment situated in the national territory, within the meaning of article L. 921 - 3 when the following conditions are met: 1 ° the person identified as an owner on the certificate of francization and the navigation of the vessel permit , or his representative, has the national territory an establishment with infrastructure and material and human resources necessary for the management and the operation of the ship;
2 ° the establishment of the shipowner in the french territory is to exercise on the territory of an effective economic activity.

Sub-section 3: Consultative Commission on the management of fishery resources Article D921-5 the Advisory Committee of the management of fisheries resources is responsible for: 1 ° to examine applications for fishing authorisation referred to in article R. 921 - 21, when these are issued by the administrative authority or under its supervision; as such, it is obligatorily consulted on transfer or assignment requests referred to in articles R. 921 - 31 and R. 921 - 32 and can be consulted on the initial applications or renewal mentioned in articles R. 921 - 21 and R. 921 - 26;
2 ° to give an opinion on the proposals of the Minister in charge of maritime fisheries and marine aquaculture in the management of the quota of catches or fishing effort, in application of article R. 921 - 35.
This commission is chaired by the Minister in charge of maritime fisheries and marine aquaculture or his representative.
It includes, in addition to the president, maximum: 1 ° Six representatives of federations of producer organisations, taking into account the representation of the different maritime facades;
2 ° three representatives of the national Committee for maritime fisheries and marine farms.
The representatives of these organisations are nominated by on the basis of the agenda of the commission.


Article D921-6 the modalities of functioning of the advisory commission on the management of fishery resources are governed by Decree No. 2006-672 of 8 June 2006 on the creation, composition and the functioning of the administrative committees with advisory status, subject to the special provisions referred to in this title.
The Committee adopted its rules of procedure.
It meets at least once a quarter.
It may be consulted by written or electronic means in all cases and in the manner laid down in its rules of procedure.
The commission shall examine applications for authorisation, transfer or assignment within a maximum period of thirty days after the deposit of the complete dossier, sent by any means to establish certain date. After this period, the notice is deemed to render.
The secretariat is provided by the services of the Minister in charge of maritime fisheries and marine aquaculture.

Section 2: Management of the fleet of fishing and access to resources subsection 1: operation of vessels Article R921-7 vessels registered or to be registered in metropolitan France or a territorial overseas collectivity with EU outermost region status and armed or to be armed to professional fishing are subject to the requirement for a permit operation, issued under the conditions laid down in this subsection.
This permit is required before: 1 ° the construction;
2 ° the import;
3 ° the weapons to go fishing from a vessel previously engaged in another activity;
(4) the change in the capacity by increasing the gauge or the power of the vessel;
5 ° the reset to go fishing from a vessel that has ceased to be active;
6 ° the passage of a vessel from one segment to another, within the meaning of the European regulation.
Is considered as active within the meaning of 5 °, a ship whose strength brought to the role, for a period of six months at least corresponds to that foreseen for its exploitation and whose fishing activity is attested by the regular fishery resources landing and the regular delivery of the corresponding statistical documents laid down by the legislation in force. This period may be extended to nine months for seasonal fishing vessels.
Is considered as inactive within the meaning of 5 °, a ship which does not fulfil at least one of the criteria referred to in the preceding paragraph.


Article R921-8 the Minister in charge of maritime fisheries and marine aquaculture shall adopt, for each calendar year, quotas, expressed in power and in gauge, operation permits may be issued, taking into account, on the one hand, the programme of adaptation of capture capabilities of the available fisheries resources marine professional fishing fleet, under article L. 921-6 , and on the other hand, the evolution of the fleet recorded during the previous year.
These quotas distinguished projects of renewal of vessels not resulting in an increase in fleet capacity (tonnage and power) of the other projects.
They are distributed between the category of ships of more than 25 metres and vessels 25 metres or less, and within each of these categories between different segments.
The proportion allocated to the category of vessels 25 metres or less is distributed between the regions.


Article R921-9 adaptation program of the capture capabilities of the available fisheries resources marine professional fishing fleet is determined annually, for each fleet segment in disequilibrium, in accordance with the guidelines established by the European regulation.
Adaptation measures of harvesting capacity of the fleet to the resources available in particular must strive to resolve the imbalance found on a fleet segment.
To this end, these measures may consist of such management measures as defined in title II of this book, diversification and retraining measures, or the reduction in capacity accompanying financial measures.
These adaptation measures are established by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article R921-10 the operation permit application is submitted to the authority designated under section R.* 911 - 3 depending on the place of registration for the vessel by the natural or legal persons appearing or called upon to appear on the deed of francization, according to the categories referred to in article R. 921 - 7.
For vessels of more than twenty-five metres, the operation permit is issued by the Minister in charge of maritime fisheries and marine aquaculture, after consulting the representative organizations of deep-sea fishing.
For vessels 25 metres or less, the operation permit is issued by the authority designated under section R.* 911-3 depending on the place of registration provided after consultation with the regional marine fisheries and marine farms commission.
The silence kept by the administrative authority, for a period of two months, on an operation permit application is the decision of rejection.


Article R921-11 under the quotas provided for in article R. 921 - 8, the authority issuing the permit of operation ensures the economic viability of the project and the professional qualification of the applicant.
For projects of renewal of vessels, whether or not they are reflected by an increase in fleet capacity, the applicant, when filing the application, must be owner for two years at least of any renewed vessels. The licence of operation of the new vessel will be issued only on condition that the renewed ship remained active within the meaning of article R. 921 - 7 up to that date, and that the removal of the ships replaced the register of fishing vessels is conducted before the commissioning of the new ship.
For other applications, the authority referred to in the first subparagraph gives priority to projects satisfying the following conditions: 1 ° be related to a creation of enterprise, including by seagoing sailors fishing and having never had the quality of majority owner of a professional fishing vessel;

2 ° aim to ensure the sustainability of the company, including by the modernisation of a vessel intended to be operated by the applicant;
3 ° tend to enhance marketing conditions, promote safety and improve working conditions.


Article R921-12 operation permit is issued of law, applicable in excess of the maximum quota laid down in article R. 921 - 8: 1 ° when the applicant rearms a vessel of which he was the owner at the time when it ceased to be active within the meaning of article R. 921 - 7, for reasons connected with a stoppage of an operation imposed by the public authorities or by a producer organisation in order to ensure compliance with a quota , or to another public authority decision;
2 ° in case of replacement capacity equal to a ship accidentally kill capture in the year preceding the application and which the applicant was the owner. Operation permit may be issued to the spouse, cohabitee or partner bound by a civil solidarity pact or, where applicable, for children when the owner died in the crash of the ship, and when they have the patents needed for engaging in professional fishing.


Article R921-13 operation permit may be issued, if necessary beyond the quota fixed in article R. 921 - 8 and under the conditions laid down in articles R. 921 - 10 and R. 921 - 11-ships which commence operations upon the filing of the application, permit has expired for a year at most following the detention of the ship due to economic and financial difficulties on the death of the owner or his illness causing incapacity for work or serious damage. This time limit shall be suspended where the company is the subject of a decision to initiate a procedure of legal redress and until the decision of the tribunal.


Article R921-14. as from the date of issuance of the permit, commissioning must intervene, under penalty of lapse of the permit, a deadline: 1 ° for shipbuilding operations: has) three years for vessels more than 25 m;
b) two years for vessels 25 metres and less;
2 ° for operations to increase tonnage or power: has) two years for vessels more than 25 m;
b) a year for vessels 25 metres and less;
3 ° in the other cases: six months.
This period may be extended, in the limit of two years, by decision of the authority issuing the permit of operation, where the licensee provides evidence that non-fulfilment of the project is due to causes beyond its control.

Sub-section 2: European fishing Licence Article R921-15 the European fishing licence is mandatory for any producer who uses a ship of professional fishing for commercial exploitation of living aquatic resources in the sea.
It's worth licensing fishing on these resources, without prejudice to other permissions: 1 ° under international agreements, including multilateral agreements establishing regional fisheries organisations;
2 ° in the exclusive economic zones or the maritime zones under jurisdiction of third countries;
3 ° in respect of the operation of a species subject to quota of catches or fishing effort;
4 ° for activities subject to a specific national or European regulations.


Article R921-16 the European fishing licence is issued to a producer, for each of its ships, by the authority designated under section R.* 911-3 according to the port of registration of the ship. Prior to the issuance of the licence, the authority shall ensure: 1 ° that the vessel has a valid operation permit;
2 ° that the producer has a navigation licence valid;
3 ° of the consistency of the information contained on the licence of navigation (main power within the meaning of Regulation (EEC) no 2930/86 of the Council of 22 September 1986 defining the characteristics of fishing measured in kilowatts, fishing gear permitted vessels) and on the certificate of francization (tonnage in GT or UMS, length in metres, length between perpendiculars in metres) with information contained on the licence application.


Article R921-17 the information contained on the licence, in accordance with the regulations, are identical to those contained in the file of the European fishing fleet referred to in article 24 of Regulation (EC) No. 1380/2013. They are supplied by the producer who shall communicate without delay to the authority issuing the licence any changes to this information. Each amendment gives rise to the issuance of a new licence under the specified terms in article R. 921 - 16.
An extract from the file of the french fishing vessels reported active and licensed European fishing is available on the website of the European Commission.


Article R921 - 18 in addition to the cases resulting from the application of article L. 946 - 1, the European fishing licence is suspended by the authority which issued it in the following cases: 1 ° when the ship is subject to a temporary cessation of activities in accordance with the European or national regulations;
2 ° when the ship lacks a navigation permit valid for the activity of professional fishing, until the possible licensing of navigation;
3 ° when the vessel does not meet the capacity boundaries declared in the file of vessels fishing or listed in the operation permit.
4 ° when the vessel does not meet the conditions of minimal activity defined in article R. 921 - 7.
The suspension of activity of the corresponding fishing capacity is immediately declared in the file of the European fishing fleet by the authority referred to in the first subparagraph.


Article R921-19 the licence of European fishing of a producer for which the update of the compulsory information to be included in the file of the European fishing fleet was not made may be withdrawn by the authority which issued it.
In addition to the cases resulting from the application of article L. 946 - 1, the licence of European fisheries to a producer whose ship is the subject of a final cessation aid activity is withdrawn by the same authority.
When the period of suspension of a licence under the 2 °, 3 ° and 4 ° of article R. 921 - 18 causes an inactivity superior to the period of six months provided for by article R. 921 - 7 and therefore the obligation to apply for a new operation permit, the licence is withdrawn by the same authority.
The authority carrying out the withdrawal of the licence immediately said the withdrawal of the corresponding capacity in the file of the European fishing fleet.

Section 3: General fishing sub-section 1 permissions scheme: issuance of authorizations and conditions of exercise of the right of fishing Article R921 - 20 may be subject to a system of authorisation of fishing fishing practised by a fishing vessel professional affecting the exploitation of fishery resources, the conditions of marketing of products of the sea or on the basis of other fishing criteria determined by regulation European under the common policy of fishing.
A licensing scheme is adopted by the authority referred to in article R.* 911-3, or within their jurisdiction by jurisdiction, by the professional organizations mentioned in article L. 912 - 1.
In order to ensure sustainable fisheries resources, the State of marine habitats and conditions of marketing of products of sea-fishing, a fishing licensing scheme lays down the conditions and limitations under which a producer is entitled: 1 ° A fish, hold on board, tranship and land fish from the stock or group of stocks mentioned in the authorisation, without prejudice to the derogating provisions relating to catch when they are set out by the international European or national;
2 ° A exercising a fishing activity in a given fishery;
3 ° A use of certain types of fishing gear;
4 ° A operate in compliance with any other conditions laid down by the regulation.


Article R921-21 the authority or professional organization referred to in article R. 921 - 20 fixed if applicable, for each scheme of fishing authorisations, the ceiling, expressed in number, power or tonnage, permissions may be issued, taking into account particular capabilities biological of the fisheries concerned, in anticipation of the producers, guidance of market and socio-economic balances determined in accordance with this title.
Fishing authorisations resulting from authorisation of fishing stopped by administrative authorities as defined in article R.* 911 - 3 are issued within two months, either by these authorities or under the control of such, by the national Committee or regional maritime fisheries and marine farms committees or producer organisations by priority to applicants who meet the criteria for the fixing of the ceiling of the plan referred to in the preceding paragraph.


Article R921-22 when the application for leave referred to in article R. 921 - 21 requires, in accordance with the international regulations or European referred to in article R. 921 - 20, an assent to a supranational body or of a third State, the silence kept by the administrative authority referred to in article R.* 911 - 3 for a period of two months is the decision of rejection.

The same applies when the licensing scheme governing this application subject to a cap number, power or tonnage in application of the first subparagraph of article R. 921 - 21.
It will also similarly when the authorization request is made to a ship flying foreign flag.


Article R * 921-23 when the application for leave referred to in article R. 921 - 21 is issued by the national Committee or a regional maritime fisheries and marine farms Committee or a producer organisation, the silence of this Organization during the period referred to in this article is the decision of rejection.


Article R921-24 all producer who wishes for a given vessel, an approval of fishing must be licensed by European fishing valid for the same ship. Upon filing or renewal of its application, it must certify be in good standing with regard to the payment of its professional dues provided for in article L. 912-16.
The authorization of fishing is removed permanently when the licence of European Fisheries attached to the vessel has been withdrawn permanently.
The fishing authorisation is suspended if the European fishing licence has been withdrawn temporarily.


Article R * 921-25 by way of derogation from the provisions of the last paragraph of article R.* 911-3 and the second subparagraph of article R. 921 - 21, when a regime of fishing authorisations concerning multiple geographies, the issuance of individual permissions can be delegated by the Minister in charge of maritime fisheries and marine aquaculture to each of the prefects of region referred to in article R.* 911-3 affected by this licensing scheme.


Article R921-26 a fishing authorisation issued for a single owner and a single professional fishing vessel.
Notwithstanding, the fishing authorisation schemes adopted by professional organizations may provide that the fishing authorisation issued to the holder of a role of crew referred to in article l. 5232-1 of the code of transport for one or more professional fishing vessels.
A same professional fishing vessel may hold multiple permissions in application of various international, European or national regulations.
The period of validity of the fishing authorisations may not exceed a maximum period of twelve months. The authorisation may be renewed at the request of the holder.


Article R921-27 fishing authorization requests are addressed to the competent authority for the issue. The list of information to be provided in support of the request is fixed by order of the authority or by deliberation of the professional organization referred to in article R. 921 - 21.


Article D921-28 for each fishing licensing scheme, the list of authorised vessels is published on the specialized website of the Ministry of marine fisheries and marine aquaculture.

Sub-section 2: Suspension, withdrawal, transfer and reallocation of fishing authorisations Article R921 - 29 in addition to the cases resulting from the application of article L. 946-- 1 and without prejudice to the provisions of articles R. 921 - 19 and R. 921 24, the fishing authorisation is suspended without compensation by the authority which issued it in the following cases: 1 ° when the ship is subject to a temporary cessation of activities in accordance with the European or national regulations;
2 ° when the vessel does not meet the capacity boundaries declared in the file of vessels fishing or listed in the permission of sin;
3 ° when the vessel does not meet the conditions and limitations of activity defined in the licensing scheme.
The suspension of the authorisation to fish is immediately declared on the dedicated website of the Ministry of maritime fisheries and marine aquaculture by the authority referred to in the first subparagraph.


Article R921 - 30 in addition to the cases resulting from the application of article L. 946-- 1 and without prejudice to the provisions of articles R. 921 - 19 and R. 921 24, the fishing authorisation shall be immediately withdrawn without compensation by the authority which issued it in cases where: 1 ° the ship changed its owner;
2 ° the information provided for obtaining the authorisation are inaccurate;
3 ° the characteristics or the mode of operation of the vessel have changed and no longer meet the conditions for the issuance of the authorization;
4 ° the ship no longer fulfils the conditions of activity set out in article R. 921 - 7 and no renewal project is intended;
5 ° the ship came out of fleet.
The withdrawal of the authorisation of fishing is immediately declared on the dedicated website of the Ministry of maritime fisheries and marine aquaculture by the authority referred to in the first subparagraph.


Article R921-31 without prejudice to the provisions of article R. 921 - 32, not used for priority applicants fishing authorisations referred to in article R. 921 - 21 or made available pursuant to article R. 921 - 30 can be reassigned by the competent authority to deliver, after consultation of the Advisory Committee of the management of fisheries resources in cases where its opinion is required.
The fishing permissions assigned to a vessel having received public aid for the permanent cessation of its activity cannot be reassigned.


Article R921-32 a fishing authorization issued pursuant to the second subparagraph of article R. 921 - 21 is, either when the ship is sold, or when it is operated by a new producer, reassigned by the Minister in charge of maritime fisheries and marine aquaculture: 1 ° to the original producer if the latter requests prior transfer to another of its vessels;
2 ° to the new producer identified under the Protocol to transfer if the original producer, new producer and their respective producer organizations offering it;
3 ° to the original producer that weapon only one vessel of professional fishing, which renews and that an operation permit is granted as part of this renewal. In this case, is assigned to the producer organisation by the ship operator is renewed until the entry into the fleet of the new ship. The entry into the fleet or the acquisition of the new ship speakers at the latest before the expiry of the prescribed period of validity of the permit of operation.
The provisions mentioned in the 3rd also apply to renewal of fleet operations that result in the entry into the fleet or the acquisition of several ships armed by various producers. In this case, on the basis of a protocol proposed by producers and producer organisations concerned, the Minister may transfer to one or more producers all or part of the prior art, after receiving the opinion of the advisory commission on the management of fishery resources.
When the operator of that vessel is renewed, a fishing authorization issued pursuant to the second subparagraph of article R. 921 - 21 is entrusted to the producer of the original producer organisation if it stops its activity in relinquishing his or her ships or their operation, to one or more other producers without operation permits valid for one or more other ships. On proposal of the producer organisation, the Minister may, after receiving the opinion of the Advisory Committee of fisheries resources management reassign this permission to one or more producers referred to in a memorandum of transfer proposed by producers and producer organisations concerned. Failing this, the Minister may, after receiving the opinion of the Advisory Committee of fisheries resources management reassign this permission to one or more producers on the basis of the criteria referred to in article L. 921 - 2.

Section 4: Distribution and collective management of fishing opportunities sub-section 1: General provisions Article R921-33 for the purposes of the rules for the allocation of quotas and sub-quotas of catches and fishing effort established by this section, the rules applicable to producer organisations are also applicable to the groups of ships, and with the exception of those laid down in article R. 921-61 ships not owned either a group of vessels, or a producer organisation.


Article R921 - 34 each month, after the declaration of the State of the use of quotas to the European Commission, the Minister in charge of maritime fisheries and marine aquaculture communicates to the consultative commission on the management of fisheries resources a summary of consumption of the quota of catches and quotas for fishing effort as well as exchanges with Member States , since the beginning of the period of management that is applicable to them.
This summary report is determined according to procedures laid down by order of the Minister.
Individual consumption data collected can be provided, upon request, to the producer concerned, and, with his consent, to the national Committee of maritime fisheries and marine farms, to the regional Committee of maritime fisheries and marine farms whose jurisdiction it falls, his producer organisation or to the legal representative of the Group of ships to which it belongs.

Sub-section 2: Distribution of the quota and sub-quotas catches and fishing Article R921-35 effort

I. - Catch quotas and fishing effort quotas can be allocated annually by the Minister in charge of maritime fisheries and marine aquaculture sub-quotas, between producer organizations, groups of ships or ships owned or a group of vessels, or a producer organisation.
II. - upon request of one of the members of the advisory commission on the management of fishery resources mentioned in article D. 921 - 5, and after opinion of the Committee, the Minister may, within a period of two months, proceed to the distribution of any quota of catches or fishing effort not allocated in the manner provided in this section.
III. - Each sub-quota is calculated taking into account three components: 1 ° the prior art producers, calculated according to the defined terms in articles R. 921 - 38 and R. 921 - 39;
2 ° orientation of the market, determined according to the defined terms in article R. 921 - 49;
3 ° socio-economic balances valued as set forth in article R. 921 - 50.


Article R * 921-36 for applications referred to the II of article R. 921 - 35, the silence kept by the administrative authority during the period mentioned in that paragraph is the decision of rejection.


Article R921 - 37 for the purposes of article L. 911 - 2 and when there is no catch or fishing effort quotas by the European authorities, such quotas may be fixed by order of the authority referred to in article R.* 911-3.


Article R921-38 I. - to determine the allocation of a quota of catches, for a stock subject to quota prior to January 1, 2007, anticipation of a producer is calculated from the reference catches of the producer and raw anticipation, thus defined: 1 ° the reference catches of a producer is calculated for each of the vessels of the producer. It is equal, for a given year, the sum of the values of landings of vessels measured in kilograms. It is attested from data reported by the producer in accordance with European and national, including the statements of catch and landing, close sales, data from the network gathers, notes and data satellite tracking of the positions of the ship, such as this information was sent to the administrative authority to the date on which , for the first time, was made to the distribution of the quota;
(2) gross a producer anticipation is equal to the average of his references of catches for the years 2001, 2002, 2003, with the exception of the prior art of the stocks for which the reference period has been set under II and subject to transfers of citations resulting from the application of articles R. 921 - R 41. 921-48.
However, for a member of a producer organisation producer, raw anticipation is calculated by reducing, where necessary, of the average of exceedances of the sub-quota by his organization of producers during this period, distributed in proportion to the catches of each vessel of the producer organisation, and corrected where appropriate of 50% of the individual references incorporated in one Exchange of sub-quota between producer organisation during this period.
II. - The reference period used for the distribution of quotas is different from that shown in the 2nd of the I in the following cases: 1 ° when the European Union decides to apply a total allowable catch in a new stock and distribute it in quotas between States members; in this case, prior to the allocation in this quota allocated to the France sub-quotas are calculated according to the reference period or other technical criteria taken into account by the European Union;
2 ° the distribution of the quota of bluefin tuna longliners, trollers and baitboats in Mediterranean, the reference period is from 1 January 2009 to 31 August 2010.
3 ° when the Minister in charge of maritime fisheries and aquaculture marine decides, pursuant to article R. 921 - 37, to apply a quota to a stock that is not under total allowable catch, the reference period used for the apportionment of the sub-quotas quota is defined in the order of distribution.


Article R921 - 39 to determine the allocation of a quota of fishing effort, the anticipation of a producer is calculated from the reference to the producer and the gross prior art thus defined fishing effort: 1 ° the reference period used for the calculation of the citations of a producer is that used by the European Union or by the authority referred to in article R.* 911 - 3 competent to allocate fishing effort;
2 ° the fishing effort of the producer reference is calculated for each of the vessels of the producer. It is equal, for a year, the sum of the fishing effort deployed by a vessel, measured in days, kW-days, kW-hours, days GT or GT-hours. It is based on declarative, close bonds sale notes, data from the intercriees network and tracking data via satellite from the ship;
3 ° raw anticipation of a producer is equal to the average of its references to fishing effort on the reference period set by the national or European authorities under the regime of fishing effort, and subject to transfers of citations resulting from the application of articles R. 921 - 41 in R. 921 - 48.


Article R921-40 where a producer joins a producer organisation or resigns, his prior art shall be taken into account for the calculation of the annual relative share of the producer organisation from the first day of the year of the concerned quota management.
It is the same when he was not previously member of a producer organisation or resign an organization of producers without re - join a new.
When the Minister decides, under the conditions defined by the 2 ° of article L. 946 - 1 to suspend any authorization relating to the fishing of the species excluded producer of a producer organisation for non-compliance with certain measures taken by it for the purposes of compliance and management of sub-quotas of catches or fishing effort assigned the prior art from this producer for the species concerned are assigned to the producer organisation until it sees reassign permission prior to the species and fishing.
When permission has been the subject of a final withdrawal, this reassignment comes after opinion of the Advisory Committee of fisheries resources management.


Article R921-41 the citations of a ship transfer takes place by decision of the Minister in charge of maritime fisheries and marine aquaculture made within a period of two months, in the cases and conditions following: 1 ° when a fact producer requests to transfer prior art from one of its ships on one or several others of his ships. In this case, the producer shall inform the producer organisation or, if he is not acceding to a producer organisation, the regional Committee of the marine fisheries whose jurisdiction it falls.
2 ° when a producer asks a project for the renewal of his ship. In this case, if applicable, the transfer takes place on a provisional basis on the reserve of the producer organisation referred to in article R. 921 - 47. At the date of acquisition, prior banked are allocated in full to the new ship of this producer. If upon expiry of the prescribed period, no ship is entered in replacement of the vessel to renew fleet, the citations of this ship are reallocated in accordance with the rules laid down in article R. 921 - 44;
3 ° when a producer with the legal status of the operation of a vessel will be modified used in the request, with the agreement motivated his organization of producers. In this case, if applicable, the transfer takes place on a provisional basis on the reserve of the producer organisation referred to in article R. 921 - 47. When the modification of the legal status of the operation of the ship took place, prior art banked are reassigned in full to this ship. If the activity of the producer or that of his ship has been changed, the prior art banked are reallocated in accordance with the rules laid down in article R. 921 - 44.


Article R * 921-42 for applications referred to in article R. 921 - 41, the silence kept by the administrative authority during the period mentioned in the first paragraph of this article is the decision of rejection.


Article R921-43 a producer may qualify for a ship, public aid when a plan of exit from fleet if, in the year preceding this plan, he got the transfer from the prior art of this ship.


Article R921-44 the definitive cessation of activities of a producer's ship results in implementing national reserve of 30% from the prior art of the concerned ship. The remaining 70% are allocated to the reserve by the producer organisation to which the producer was adherent to the date of exit from the ship fleet.


Article R921-45 the change of producer of a ship causes the levy of 20% of affected this ship, remaining 80% prior to the vessel and the producer.
30% of the collected 20% are assigned to the national reserve and 70% to the reserve of the producer organisation to which the previous producer was adherent with the concerned ship.


Article R921-46

The disappearance of the producer and his ship after an event of sea causes the temporary assignment of the totality of its anticipation to the reserve of the producer organisation.
When the operation of law permit has been issued to the beneficiaries, these prior art can, at the request of the beneficiary and after receiving the opinion of the advisory commission on the management of fishery resources, them be transferred whenever they have securities necessary for the exercise of professional activity or that they operate the vessel subject to the transfer.
In the contrary case, the prior art of the ship banked are reallocated in accordance with the rules laid down in article R. 921 - 44.


Article R921-47 I. - the reserve of prior art to a producer organisation is made up of prior art which assigned to it pursuant to articles R. 921 - 41 R.* 921-42 and R. 921 - R. 921 44 - 46, or those from a final exchange with another organization of producers.
This reserve of prior art is intended to enable priority: 1 ° the installation of producers;
2 ° the renewal of vessels by a producer in the cases provided by articles R. 921 - 41 and R. 921 - 46;
3 ° the retraining of farmers affected by prohibition or limitation of catches or fishing effort decided by the EU or by the Minister in charge of maritime fisheries and marine aquaculture;
4 ° membership within the organisation of producers, for a minimum period of three years, from non-member producers to a producer organisation; prior allocated to the ship of the newly acceding producer are from equal, the reserve of the producer organisation concerned and of reserve ships not members of a producer organisation;
5 ° the permanent transfer of prior art to another organization of producers, in order to obtain a better match of capture capabilities of their members to the sub-quotas of fishing.
The utilization of the prior art banked project is presented for opinion, the Advisory Commission on the management of fishery resources in the three years following their assignment to the producer organisation, and then renewed annually. It must be approved by the Minister in charge of maritime fisheries and marine aquaculture.
The prior art banked must be reallocated to producers when they reach a level higher than 20% of the total of the prior art of the producer organisation on the stock concerned.
The failure of the proposed use of the reserve, approval or compliance with this plan, or respect for the obliging threshold in the assignment by producers, leads to the allocation of these prior to the national reserve.
II. - The prior art attached to a ship not belonging to a producer organisation and banked are managed collectively by the services of the Minister in charge of maritime fisheries and marine aquaculture. Their management follows the rules laid down in the first seven paragraphs of the I.


Article R921-48 I. - the national reserve of the prior art is supplied under the conditions referred to in articles R. 921 - 41 R.* 921-42 and R. 921 - R. 921 44 - 47.
II. - This national reserve may be affected: 1 ° to producers, based on environmental, social and economic criteria: these criteria may in particular focus on the impact of fisheries on the environment, the history of compliance with the requirements, the contribution to the local economy and the record of catches; the allocation of the citations from the national reserve is incentive for ships that deploy selective gear or who use fishing techniques affecting reduced on the environment, including low energy consumption and impacts on habitats;
2 ° to the mergers carried out by producer organisations granted recognition for more than three years.
III. - If, when allocating annual quota, national prior art is not fully affected, the Minister in charge of maritime fisheries and marine aquaculture may decide that the sub-quotas corresponding to the remaining citations are affected, for that year, to organizations of producers in proportion to the average of their reported catches in 2011, 2012 and 2013, in order to take into account the evolution of the fleets. This distribution is without prejudice to the subsequent use of such prior art.


Article R921-49 I. - the allocation of quotas to which proceeds the Minister in charge of maritime fisheries and marine aquaculture in application of article R. 921 - 35 may impose periodic boundary catch, landings and fishing effort, laid down by producer organisations, in order to allow a better utilization of landings, on the basis of a share of the guidelines of market and other quotas resulting from the regulatory European.
II. - When a risk of exceeding the quota is found, or to ensure an appropriate spread of catches during the fishing season, the Minister may decide: 1 ° the temporary closure of the fishery for the sub-quota concerned;
2 ° the introduction of periodic limits of tonnage of landing meet. These limitations may apply collectively to producers of organizations of producers, or to each of them individually, or else only identified producers as practicing mainly fishing of this stock.
III. - These periodic restrictions catch, landing, or fishing effort take account of different professions and gear fishing, facades maritime ship registration of producers, fishing zones, places of landing.


Article R921 - 50 to make the allocation of quotas taking into account socio-economic balances, the Minister in charge of maritime fisheries and marine aquaculture may: 1 ° criteria for access to the fishery, where appropriate through the regime of fishing authorisations set out in section 3 of this chapter; the different crafts and fishing gear, the maritime facades of ship registration of producers, fishing zones, places of landing can be access criteria;
2 ° take into account the socio-economic consequences of order and precautionary measures decided on pursuant to 1 ° of article L. 922 - 2, is of European and international regulations.


Article R921-51 the part of the national quota of catches and fishing effort available to each producer organisation shall be determined pursuant to articles R. 921 - 35-r 921 - 50.
The share of the sub-quota of a producer organisation linked to the aging of its producers is equal to the product of the annual quota allocated by the percentage that is the sum of its producers prior to January 1 of the year of allocation relative to the overall amount of the prior art of the producers.
For some species, the date on which the accession of producers is taken into account can be determined according to the specific constraints of the fishing year.
The distribution can be temporarily adjusted trade penalties or the use of the national reserve pursuant to articles R. 921 - 48, R. 921 - 63 and R. 921 - 64.

Sub-section 3: Management of the quota and sub-quotas Article R921-52 for its distribution, the quota allocated to the France by the European Union is increased or decreased depending on the interannual flexibility, penalties or adjustments provided for by the regulation European, or exchanges carried out between the France and another Member of the Union State.


Article R921-53 when a quota or a sub-quota catch or fishing effort is exhausted, the pursuit of concerned fishing activity is prohibited.


Article R921-54 the Minister in charge of maritime fisheries and marine aquaculture may affect only a part of the annual sub-quotas of catches or fishing effort. The part of the sub-quotas unaffected is paid to reserve quotas.
This reserve is used either to permit trade with other Member States of the European Union, either as part of a temporary interruption of business, or as a result of a national penalty for exceeding quota.
On request motivated one of the producer organisations or one of the members of the advisory commission on the management of fishery resources mentioned in article D. 921 - 5, or on the Minister's decision made within a period of two months, the sub-quota allocated and paid to the national reserve may be affected at any time, after consultation of the commission to producer organisations, groupings of ships or vessels not belonging to a group of ships, or to a producer organisation, according to the allocation method applied to the stock concerned.


Article R * 921-55 for the applications referred to in the third subparagraph of article R. 921 - 54, the silence kept by the administrative authority during the period mentioned in that paragraph is the decision of rejection.


Article R921-56 I. - the annual breakdown in sub-quotas of catches or fishing effort may be amended during the year by order of the Minister in charge of maritime fisheries and marine aquaculture as a result of the amendment of the relevant quotas in accordance with the international, European or national rules. The new allocation is done by application of the same rules as those used for the initial distribution.

II. - The annual sub-quotas distribution can be changed during the year when the quota is modified by an exchange between the France and another Member State, subject to the following conditions: 1 ° if the Minister wishes to achieve one or more exchanges with one or more other Member States of the European Union, it shall consult consultative commission on the management of fishery resources. Failing to be pronounced in the 48 hours following the consultation, the opinion of the commission is deemed favourable.
2 ° when there is a risk of exceedances of a national quota, the Minister may, able emergency, carry out an Exchange with another State member without requiring prior notice of the advisory commission on the management of fisheries resources;
3 ° when the Exchange is done with sub-quotas set aside at the beginning of the year, quantities received can be banked or redistributed the methodology used for the allocation of the quota used to make the Exchange with the other Member State;
4 ° when the Exchange is achieved using the sub-quotas of certain producers organizations which lend it for this purpose, only they can benefit, prorated to the used sub-quotas of sub-quotas supplement obtained in Exchange.
III. After an exchange of quotas involving at least two stocks, the allocation of additional quotas is carried out taking into account the distribution between organizations of producers who have suffered a decrease of their sub-quotas because the Exchange, unless this levy is justified to compensate a sub-quota on another species exceeded or if another distribution is proposed with the agreement of the producer organisations directly concerned.
IV. - If, current year, a national quota is, due to one or more producer organisations, exceeded or is about to be, the State can do an Exchange with another Member State, to cancel or avoid this exceedance, taking part of the fishing opportunities of the producer organisations in question for other stocks.
V. - the application Exchange or transfer of quota or of sub-quotas referred to in the present article may be submitted by a producer organisation. The response of the administrative authority is involved in a period of two months.


Article R * 921-57 for the applications referred to in article R. 921 V - 56, the silence kept by the administrative authority during the period mentioned in that paragraph is the decision of rejection.


Article R921-58 I. - an exchange of sub-quotas can be achieved between producer organisations, groupings of vessels or with vessels not belonging to or a grouping of ships to a producer organisation.
II. - A temporary Exchange must meet the following conditions: 1 ° the duration of the Exchange cannot exceed the end of the year of management during which the Exchange takes place.
2 ° the Exchange project must be notified prior to the Minister in charge of maritime fisheries and marine aquaculture by the partners of the Exchange;
3 ° the Exchange is carried out without prejudice to the allocations and subsequent exchanges of quota;
4 ° the Exchange does not affect the prior art of the producers concerned.
III. - By way of derogation from the provisions of article R. 921 - 56, these exchanges do not object to an amending order. They are listed on the follow-up table addressed to the advisory commission of the management of fisheries resources referred to in article D. 921 - 5.
IV. - The trade quota and sub-quotas request referred to in this article may be submitted by a producer organisation. The response of the administrative authority is involved in a period of two months.


Article R * 921-59 for applications referred to the IV of article R. 921 - 58, silence kept by the administrative authority during the period mentioned in that paragraph is the decision of rejection.


Article R921-60 when a producer organisation does not consume not fully its sub-quota and refused requests for exchanges of sub-quota of unjustified under its management plan and including the forecast schedule management of the sub-quotas, the Minister in charge of maritime fisheries and marine aquaculture may decide, after consultation with the consultative commission on the management of fishery resources assign all or part of the balance of its sub-quota at other organizations of producers, who have a justified request under their management plan, and in particular the provisional calendar of the consumption of the sub-quotas and measures to ensure monitoring of the consumption of their sub-quotas and the inflow forecasting.


Article R921-61 when one or more sub-quotas have been awarded to a producer organisation or a group of vessels, they establish a management plan for the sub-quotas within one month following the publication in the Official Journal of the order detailing the distribution of this quota.
This plan includes: 1 ° the balance sheet of the previous year's plan.
2 ° the rules of distribution of each of the sub-quotas of catches and effort fishing between members;
3 ° the provisional calendar of the consumption of the sub-quotas;
4 ° of capture plans to prevent imbalances from the market during the fishing season, and where appropriate to remedy, which should include measures of limitation of inputs or sprawl of landings;
5 ° measures designed to ensure monitoring of the consumption of their sub-quotas and the inflow forecasting;
6 ° the use envisaged for the year being the sub-quotas corresponding to reserve of prior art referred to in article R. 921 - 47 and the allocation of these prior art when they exceed, for a given stock, 20% of the total citations of the producer organisation;
7 ° requests for assignment of the reserve of prior art referred to in article R. 921 - 48.
When a sub-quota is managed collectively by the producer organisation or a group of vessels, without distribution among direct clearers, the plan mentions it explicitly.
Management plans thus established shall be sent to each of the members of the producer organisation or of the Group of vessels and shall be notified to the Minister responsible for maritime fisheries and marine aquaculture and the establishment national products of agriculture and the Sea (FranceAgriMer).
The management plan is approved by the Minister's decision.


Article R921-62 where a producer organisation or a group of vessels has not set up the management plan provided for in article R. 921 - 61 within the time limit, the Minister in charge of maritime fisheries and marine aquaculture may: 1 ° decide the temporary closure of the fishery for the relevant sub-quota;
2 ° decide to periodic boundary of tonnage of landing to observe;
3 ° notify a distribution of the sub-quota between producers, ship or group of ships of producers, as well as rules for the marketing of species management and measures to ensure monitoring of consumption and compliance with the sub-quota.

Sub-section 4: Penalties Article R921-63 when the quota of catches or European fishing effort is reduced as a result of the application by the European Commission, penalties for exceeding the previous year the sub-quotas of producer organisations shall be reduced by applying the scale of penalties provided for by the regulation to each European. Applied penalties do not affect the prior art as defined in article R. 921 - 38.
When an overrun of sub-quota is observed without exceeding the quota, this sub-quota is decreased the following year based on observed exceedance.
The sub-quotas unaffected because of penalties are put in reserve. They can, at any time, after receiving the opinion of the advisory commission on the management of fishery resources, be distributed according to the relative share of each producer organization, with the exception of those that have exceeded their sub-quota.
The Minister in charge of maritime fisheries and marine aquaculture may use the annual underspend of producer organisations to reduce individual exceedances of producer organisations.


Article R921-64 organisations of producers who suffered damage due to the early closure of fishing due to exceeded quota by another organization of producers may apply to the Minister in charge of maritime fisheries and marine aquaculture, which shall decide within a period of two months, compensation for this loss by levy on other quotas of the Organization of producers responsible for the closure.
Exceedance of a sub-quota, by a producer organization, resulting in the closure of the fishery due to exhaustion or excess of the national quota, bears then the following years a charge of the sub-quotas to other producer organisations, corresponding to the damage they have suffered because of the closure of the fishery. This increase is offset by the reduction of the sub-quotas which may be attributed to officials of the closure, at height of the overrun of the sub-quota.
This compensation is without prejudice of the levies and penalties possibly imposed pursuant to the provisions of articles 37, 105 and 106 of the Regulation (EC) no 1224/2009 of the Council of 20 November 2009 establishing a community control system to ensure compliance with the rules of the common fisheries policy.

Where a producer organisation has exceeded the sub-quota allocated it or when a producer organisation has exceeded the sub-quota that was attributed to him or will have not complied with the provisions of article R. 921 - 61, the Minister in charge of maritime fisheries and marine aquaculture may not assign of sub-quotas to capture specific in respect of the following year.


Article R * 921-65 for applications referred to the title of the first subparagraph of article R. 921 - 64, the silence kept by the administrative authority during the period mentioned in that paragraph is the decision of rejection.

Section 5: Special fishing sub-section 1 authorization schemes: fishing in port facilities Article R921-66 fisheries within port facilities cannot be exercised by persons or vessels authorised in accordance with international, European or national regulations, and for as much as it does inconvenience or for conservation works or movements of ships , or for the operation of quays and embankments.
If it is practiced along the quays, jetties, booms and docks with other gear that the lines held in the hand or if it is exercised in the basins from a boat, it is subject to a special authorization issued by the prefect of Department after obtaining the assent of the president of the Executive Board for the major seaports of the president of the Board of Directors for the autonomous ports president of the conseil départemental for departmental ports or the Mayor for municipal ports, or the authority referred to in 4 ° of article l. 5311-1 of the code of transportation.

Sub-section 2: Sea fishing on foot on a professional basis Article D921-67 sea fishing on professional foot, within the meaning of this chapter, means that the action, for the sale of the caught marine animals, exerted on the public maritime domain as well as in the part of the rivers, rivers, ponds or channels where the waters are salty as delimited by articles D. 911 - 1 and D. 911-2.
The actual fishing action: 1 ° without the fisherman ceases to have a ground support;
2 ° without breathing equipment to stay submerged.


Article R921-68 the exercise of professional maritime fishing on foot is submitted: 1 ° (A) the detention of a national fishing permit, issued for a duration of 12 months, by the prefect of the département in which the applicant intends to practice mainly its activity;
2 ° when the deliberations of the regional committees of maritime fisheries and marine farms have predicted, the detention of a fishing authorisation issued by them.


Article R921-69 person applying for the first time a maritime professional walk fishing licence shall satisfy the following conditions: 1 ° provide the description of his professional project mentioning particular marine animals it intends to fish, the volume it intends to collect as well as deposits on which it intends to fish.
2 ° justify its affiliation to a system of social protection corresponding to its activity;
3 ° justify professional ability in the conditions defined in articles R. 921 - 70 or R. 921 - 71.
An order of the Minister in charge of maritime fisheries and marine aquaculture specifies the conditions for the licensing of professional maritime fishing on foot.


Article R921-70 the applicant for a first licence of professional foot maritime fishing justifies his professional standing by the completion of a training course.
If, on the filing of its application for licences, this internship has not yet been conducted, the permit can be issued and renewed once under the condition that the person concerned undertakes, by a certificate duly signed, this internship within two years following the date of issue of the national licence.
The training course is provided by educational institutions mentioned in article 2 of Decree No. 85-378 of 27 March 1985 relating to maritime vocational training.
A joint order of the Minister responsible for maritime fisheries and marine aquaculture and the Minister of the sea, taken after consultation with the Minister responsible for education, specific content of training courses leading to professional capacity 'fishing on foot.


Article R921-71 the professional capacity to get a first foot fishing permit is also recognized in a manner laid down by order of the Minister responsible for maritime fisheries and marine aquaculture, to nationals of a Member State of the Union professionals European or of another State party to the European economic space agreement justifying an attestation of competence or of a qualification of a level equivalent to or immediately below within the meaning of articles 11 and 13 of directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as required pursuant to this section.
If access, training, or the exercise of these activities is not regulated in the Member State of origin, professionals must also justify full-time two years of professional experience over the past ten years.
In the case of substantial differences between the training required in France to carry out the activities referred to in article D. 921 - 67 and, on the other hand, received by the applicant, as well as with the knowledge he acquired during his professional experience, it must, choice, undergo an aptitude test or complete an adaptation of a maximum duration of three years period. Content and modalities of their organization are fixed by order of the Minister responsible for maritime fisheries and marine aquaculture.


Article R921 - 72 to take advantage of the renewal of its licences, maritime professional walk, the licensee shall: 1 ° fulfil the conditions laid down in articles R. 921 - 69 and R. 921 - 70, with the exception of the obligation to provide the description of his professional project if it has not changed and justify its professional capacity if he got his first allowed before January 1, 2011;
2 ° fulfilling the year preceding its application to obligations under 1 ° of article R. 921 - 74.


Article R921-73 a national data base to manage professional foot maritime fishing permits identifies information about the national licence holders and the deposits they operate.


Article R921-74 professional marine fishermen walk are: 1 ° the obligation to declare laid down in article L. 932 - 2 and whose modalities are specified by order of the Minister in charge of maritime fisheries;
2 ° has the obligation to market via a dispatch centre shellfish destined for human consumption in accordance with the provisions of articles R. 231 - 35 to R. 231 - 59, R. 237 - 4 and R. 237 - 5;
3 ° has the declaration of a health danger obligation set out in article L. 201 - 7, in the manner provided in section D. 201 - 7;
4 ° the compliance with the conditions and transport of shellfish and crustaceans prohibitions laid down in the regulatory provisions referred to in this article.


Article R921 - 75 to prevent degradation of fisheries resources when they are threatened and to ensure the security, safety, public health and good order of the activities of fishing, the designated administrative authority in article R.* 911-3 can regulate the activities of the maritime walk professional fishermen in: 1 ° limiting their number for a particular geographic area or the fishing for any species determined taking into account the characteristics of the gear used;
2 ° establishing the list, the characteristics and the conditions of employment of gear, processes or incidental fishing that can be used;
3 ° permanently or temporarily prohibiting the exercise of fishing in certain areas or certain periods;
4 ° prohibiting fishing of some species or by limiting the quantities which may be caught or transported;
(5) establishing protection zones around the settlements of marine cultivation and artificial structures.

Sub-section 3: Scientific fishing or experimental Article R921-76 when they fulfil the conditions laid down in this subsection, professional fishing vessels are exempt from the obligations referred to in the first subparagraph of article R. 921 - 82 during the period where they are Charter fishing scientific or experimental, provided that they are not in the cases referred to in paragraphs 2 to 5 of the same article.
Scientific or experimental fishing can also be practised by professional fishermen walk under the conditions provided for in this subsection.


Article R921 - 77 all fishing for scientific purposes or experimental operations performed by a vessel flying flag french and registered in the European Union are subject to the detention of a called fishing authorisation: authorisation of fishing for scientific purposes.
This administrative authorisation is issued to a shipowner for a given vessel.


Article R921-78 fishing for scientific purposes authorisations are issued by the administrative authority designated under section R.* 911-3.
These acts specify: 1 ° the object and purpose of the scientific research programme concerned;
2 ° the scientific Protocol followed (method of collection, management and use of data);
3 ° the fisheries concerned (area, species, gear, period);

4 ° where appropriate, the conditions of financing the operation.


Article R921-79 the holder of an authorisation to fish for scientific purposes is not allowed to market the catches subject to authorization. Commercialization of these catches cannot, by way of exception, be permitted only if it is not prohibited by the EU.
The holder of an authorisation to fish for scientific purposes must return to the sea species caught subject to authorization. The landings of these species cannot, by way of exception, be allowed only if it is not prohibited by the EU.


Article R921-80 the authorization of fishing for scientific purposes mentioned the duration for which it is issued, which may not exceed four years.
It is null and void ipso jure when one of its constituent elements referred to in article R. 921 - 78 is amended. A new authorization can be requested for the remaining period.


Article R921 - 81 requests for authorisation to fish for scientific purposes shall be sent to the administrative authority designated under section R.* 911-3.
An order of the Minister in charge of maritime fisheries and marine aquaculture lays down the content of this application and the supporting documents that must include.
The silence kept by the administration for a period of two months on an application referred to in this article is the decision of rejection.


Article R921-82 I. - the holder of an authorisation to fish for scientific purposes is free technical measures and existing management, by fishing authority, limitation of catches, fishing or effort capacity, defined by international regulations, European or national.
II. - When, under the conditions laid down in article R. 921 - 79, the marketing of catches of vessels engaged in a maritime expedition has been authorized: 1 ° these catches shall be counted against the quotas allocated to the France once they exceed 2% of these quotas.
2 ° the corresponding fishing effort is included in the maximum fishing effort allocated to the France or the ship for the year of ongoing management, as the effort for the removal of these catches is greater than 2% of the allocated fishing effort.
III. - Vessels, whose catches or fishing allowed marketing effort are higher than 2% quota or allocated fishing effort, are not exempt from management measures by permissions of fishing restrictions on catches, effort fisheries or developed capacity implemented by the international, European or national regulations.

Sub-section 4: Marine recreational fisheries Article R921-83 I. - within the meaning of this book, is permitted as a maritime non-commercial fisheries recreational fishing: 1 ° whether sporty, if those who practice it are members of a sport organization national or a national sport licence;
2 ° recreational if those who practice it are not members of such an organization or holders of such a licence;
3 ° and of which the product is intended for the exclusive use of the fisherman and his family and cannot be peddled, exposed for sale, sold in any form whatsoever, or bought informed.
It can also consist of the release of live fish immediately after capture.
II. - It is exercised either from boats or ships other than those licensed for a fishing crew role, either swimming or diving action, or walk on the public maritime domain as well as on the part of the rivers, rivers or channels where the waters are salty.
It can be exercised from armed trade fishing vessels carrying passengers for remuneration for conducting recreational fishing activity.


Article R921-84 marine recreational fishing is subject to the regulatory international, European or national provisions applicable to professionals in relation to the minimum size of TACs, the characteristics and operating conditions of gear fishing, modes and methods, as well as areas, periods, bans and fishermen stopped fishing.
The Minister in charge of maritime fisheries and marine aquaculture may, by order, set minimum rules relating to the weight or the size of catches of species of fish and other marine animals fit for recreational fishing. In this case, these rules may be more favourable than those applicable to harvesters.


Article R921-85 I. - may be subject to a regime of fishing authorisations in recreational marine fishing activities that affect the State of the fishery resources or on the basis of other criteria determined by international regulation or a European regulation in the context of the common fisheries policy.
The list of activities subject to a system of authorization is fixed by the authority referred to in article R.* 911-3.
II. - The terms of authorization are defined by order of the Minister responsible for maritime fisheries and marine aquaculture. Licences are issued by the authority referred to in article R.* 911-3.
III. - If the preservation of fisheries resources and marine habitats, fishing licensing scheme can set the limits in which a recreational fisherman is allowed: 1 ° A fish, hold on board, tranship and land fish from the stock or group of stocks mentioned in the authorisation, without prejudice to the derogating provisions relating to catch when they are set out by the international European or national;
2 ° A exert a fishing effort in a given fishery;
3 ° A use of certain types of fishing gear;
4 ° A operate in compliance with any other conditions laid down by the regulation.


Article R921-86 the authority referred to in article R. 921 - 85 can fix the ceiling, expressed in number, power or tonnage, likely to be issued, permissions for each regime of fishing authorisations, taking into account particularly the biological capacity of the fisheries concerned, prior applicants and regional balances.
Fishing authorisations shall be issued by the authority referred to in article R.* 911-3 priority to applicants meet the criteria for the fixing of the ceiling of the plan referred to in the preceding paragraph.
When the permission demand requires, in accordance with the international regulations or European referred to in article R. 921 - 85, an assent to a supranational body or of a third State, the silence kept by the administrative authority referred to in article R.* 911 - 3 for a period of two months is the decision of rejection.
The same applies when the licensing scheme governing this application subject to a cap number, power or tonnage in accordance with paragraph 1 of this article.
It will also similarly when the authorization request is made to a ship flying foreign flag.


Article R * 921-87 by way of derogation from the provisions of the last paragraph of article R.* 911-3 and the third paragraph of article R. 921 - 85, when a regime of fishing authorisations concerning multiple geographies, the issuance of individual permissions can be delegated by the Minister in charge of maritime fisheries and marine aquaculture to each of the prefects of region referred to in article R.* 911-3.
Fishing authorization requests are addressed to the competent authority for the issue. The list of information to be provided in support of the request is fixed by order of the authority referred to in article R. 921 - 85.


Article R921 - 88 on board the ships and craft referred to in the sixth and seventh paragraphs of article R. 921 - 83, are only allowed the detention and the use of: 1 ° two equipped with longlines each of thirty hooks;
2 ° two lockers;
3 ° a spear;
4 ° a dip NET or 'salabre '.
5 ° lines rigged under condition that all lines used in fishing be equipped with up to twelve hooks, a lure being equivalent to a hook; by derogation from that limit, the lines used in fishing are equipped with a maximum of five hooks per person, a lure being equivalent to a hook, in the cases provided for by order of the Minister in charge of maritime fisheries and aquaculture marine;
(6) in the Mediterranean, a grappette toothbrush;
7 ° in the North Sea, English channel or Atlantic, a gillnet stalled or net trammel up to 50 metres in length, with a maximum height of 2 metres in fishing, except in the part of the salt waters of estuaries and the mouths of rivers and streams above a limit set by order of the authorities mentioned in article R.* 911 - 3;
8 ° within the jurisdiction of the exchanges of the prefects of the region Bretagne, Pays de la Loire and Aquitaine, as defined in the same article, a plaice by ship and three scales per person onboard.
Gear permitted aboard vessels other than those referred to in the first subparagraph may be laid down by order of the Minister responsible for maritime fisheries and aquaculture marine.


Article R921 - 89 aboard the ships and craft referred to in article R. 921 - 83, it is prohibited to possess and use any vire-locker, vire-NET, winch, mechanized gallows or electric mechanism or hydraulic back fishing line and fishing gear on board.
However, the possession and use of electric devices of type vire-power lines or electric reels is authorized within the limits of three electrical equipment by ship, with a maximum power of 800 watts each.

Any device disposal at all times preventing the rise of machinery for the purpose of control is forbidden.


Article R921-90 the exercise of underwater fishing with a Harpoon gun is prohibited to persons under sixteen.


Article R921-91 any person practicing underwater recreational fishing must signal their presence through a buoy to identify its position, meets the requirements laid down by order joint of the Minister responsible for maritime fisheries and marine aquaculture and the Minister of the sea.


Article R921-92 I - are prohibited during the underwater recreational fishing: 1 ° the use of respiratory equipment, whether independent or not, allowing a person immersed to breathe without returning to the surface.
2 ° the simultaneous detention aboard a ship or boat thus defined respiratory equipment and a spear or a special device for underwater fishing, unless waived by the prefect;
3 ° the scuba gear which the propulsive force developed is borrowed from the power bomb detonating a chemical mixture or the expansion of a compressed gas, except if the compression of the latter is obtained by the action of a mechanism operated by the single user;
4 ° the detention on board and use simultaneously a special underwater fishing camera and underwater scooter.
II. - It is prohibited to underwater fishermen: 1 ° to perform underwater fishing between the legal hours of sunset and sunrise;
2 ° to approach closer than 150 metres from ships or boats in fishing as well as reported by apparent markup fishing gear;
3 ° to capture marine animals caught in gear or nets placed by other fishermen;
4 ° to make use, for underwater fishing, a bright foyer;
5 ° to use for the capture of crustaceans, a spear or a special device for underwater fishing;
6 ° to charge out of the water a special apparatus for underwater fishing.


Article R921-93 in order to ensure proper management of fisheries as well as security, safety, public health or the smooth operation of fishing activities, the administrative authority referred to in article R.* 911 - 3 may, by order, the following restrictive measures: 1 ° reduce the list or the number of devices whose detention is allowed on board ships or vessels referred to in article R. 921 - 83;
2 ° set the list of gear or fishing methods that can be used for underwater fishing and fishing on foot;
3 ° establish the characteristics and operating conditions of the equipment allowed;
4 ° prohibit permanent or temporarily the exercise of fishing in certain areas or certain periods;
5 ° prohibit the fishing of certain species or limit quantities may be caught or transported;
6 ° establishing protection zones around the settlements of marine cultures, man-made structures or fish hubs devices.

Sub-section 5: Fishing, harvesting and harvesting of marine plants Article R921-94 I.-fishing, the harvesting and collection of marine plant resources may be subject to authorization when these activities affect the exploitation of marine resources, the conditions of marketing of products of sea-fishing and other criteria determined by international regulations or regulations European under the common policy of the fisheries.
II. - A licensing scheme is adopted by the authority referred to in article R.* 911-3, or within their jurisdiction by jurisdiction, by the professional organizations mentioned in article L. 921 - 1.
III. - In order to ensure sustainable fisheries resources, the State of marine habitats and conditions of marketing of marine plants, the licensing scheme sets the conditions and limitations under which a producer is entitled: 1 ° either fish, harvest, collect, retain on board, tranship and land marine plants mentioned in the authorisation, without prejudice to the derogating provisions on bycatch when provided for by international regulations European or national;
2 ° be exercising a fishing activity in a given fishery;
3 ° or to use certain types of instruments of crops;
4 ° either to exercise its activity in compliance with any other conditions laid down by the regulation.


Article R921-95 the authority or organisation referred to in article R. 921 - 94 fixed for each system of authorization, the ceiling, expressed in number, power or tonnage, likely to be issued, permissions, taking account inter alia of capabilities biological of the fisheries concerned, in anticipation of the producers, guidance of market and socio-economic balances defined in accordance with article D. 921-1.
Fishing authorisations resulting from authorisation of fishing stopped by administrative authorities as defined in article R.* 911 - 3 are issued within two months, either by these authorities or under the control of such, by the national Committee or regional maritime fisheries and marine farms committees or producer organisations by priority to applicants who meet the criteria for the fixing of the ceiling of the plan referred to in the preceding paragraph.


Article R921-96 when the application for leave referred to in article R. 921 - 95 requires, in accordance with the international regulations or European referred to in article R. 921 - 94, an assent to a supranational body or of a third State, the silence kept by the administrative authority referred to in article R.* 911 - 3 for a period of two months is the decision of rejection.
The same applies when the licensing scheme governing this application subject to a cap number, power or tonnage in application of the first subparagraph of article R. 921 - 95.
It will also similarly when the authorization request is made to a ship flying foreign flag.


Article R * 921-97 when the application for leave referred to in article R. 921 - 95 shall be issued by the national Committee or a regional maritime fisheries and marine farms Committee or a producer organisation, the silence of this Organization during the period referred to in this article is the decision of rejection.


Article R * 921-98 by way of derogation from the provisions of the last paragraph of article R.* 911-3 and the second subparagraph of article R. 921 - 21, when a regime of fishing authorisations concerning multiple geographies, the issuance of individual permissions can be delegated by the Minister responsible for maritime fisheries and marine aquaculture to each of the prefects of region referred to in article R.* 911-3 and concerned by this licensing scheme.


Article R921-99 a fishing authorisation issued for a single person or entity and, if applicable, a single professional fishing vessel.
Notwithstanding, the fishing authorisation schemes adopted by professional organizations may provide that the fishing authorisation is issued to one or several natural or legal persons.
The period of validity of the fishing authorisations may not exceed a maximum period of twelve months. The authorisation may be renewed at the request of the holder.


Article R921-100 fishing authorization requests are addressed to the competent authority for the issue. The list of information to be provided in support of the request is fixed by order of the authority or by deliberation of the professional organization referred to in article R. 921 - 20.

Chapter II: Technical measures relating to sea fishing Section 1: minimum size and protection the juvenile section D922-1 I. - the Minister in charge of maritime fisheries and marine aquaculture may fix by order weight or size below which the capture and landing of fish, crustaceans, molluscs and other marine animals are prohibited.
II. - When sea fishing of a species is subject to total allowable catches (TAC) a weight or a minimum size of catch and landing fixed by European regulations, this Minister may fix by order applicable to only ships flying flag french and fish harvesters walk a weight or size minimum catch and landings exceeding those established by the European regulation , taking into account: 1 ° the means to be implemented to ensure a sustainable management of stocks, including seeking the maximum sustainable yield (MSY).
2 ° of the orientations of the market;
3 ° the socio-economic balance.
III. - For other species that those laid down in the first paragraph of II and good management of the species makes it necessary, the Minister may fix by order apply to only vessels flying french flag a weight or size minimum catch and landing.


Article R922-2 under subject to the provisions of article R. 922 - 3, prohibited fishing, transhipment, storage, landing, transport, exposure for sale, sale and purchase with knowledge of the cause of any fish, crustacean, mollusc or other marine animal does not meet the specifications laid down by order of the Minister in charge of maritime fisheries and aquaculture marine.


Article R922-3 fishing, landing and transport of fish, crustaceans, molluscs and other marine animals whose size or weight is not compliant with the specifications laid down by European regulation or by order of the Minister in charge of maritime fisheries and marine aquaculture may be authorised:

1 ° when they have as their object either supply of parks or other breeding establishments, the repopulation of certain maritime areas;
2 ° if it is performed for purposes exclusively scientists.
The authorization is issued by the administrative authority designated under section R.* 911-3, on terms laid down by an order of the Minister.


Article R922-4 fishing, retention on board, landing, transportation and the sale of fish, crustaceans, molluscs and other marine animals whose size or weight is not conform to the specifications set out by the European or by order of the Minister in charge of maritime fisheries and marine aquaculture are allowed when it comes to species for which releases are expressly prohibited by the legislation in force.
The use of these catches is limited to purposes other than direct human consumption.


Article R922-5 the use as bait, fish, crustaceans or molluscs which have not reached the required minimum dimensions is prohibited, except for certain fisheries in areas where they are not covered by a regulatory European conservation and management, and the list is determined by the administrative authority designated under section R.* 911-3.
However, in the above areas and for fishing for certain species, this authority may authorize, on an exceptional basis, the use of fish, crustaceans or molluscs do not meet the conditions laid down in the preceding paragraph.

Section 2: Spatial Restrictions and temporal Article R922-6 in order to ensure proper management of fisheries resources, the administrative authority designated under section R.* 911-3 may, by order, prohibit fishing, partially or totally, or ban it with some nets, gear or fishing methods: 1 ° in a geographical area defined;
2 ° for a limited period;
3 ° within a defined geographic area and for a limited period.


Article R922 - 7 application of 2 ° of article L. 922 - 2, the administrative authority designated under section R.* 911-3, after consultation of the french Research Institute for exploitation of the sea, determines the scope of the natural beds of oysters, mussels and other shellfish. She fixed periods opening and closing of fishing on these deposits and the conditions of their operation when they were found safe in the conditions laid down by article R. 231 - 37.


Article D922-8 reserves or cantonments within the limits of which will be banned either the exercise of any fishing activity, only the use of vessels with a certain tonnage or a certain driving force or the use of certain fishing gear are established in and beyond the three-mile limit of the low tide mark, by order of the Minister responsible fisheries maritimes taken after advice of the Institute of french research for exploitation of the sea.

Section 3: Gear or fishing methods and associated technical measures Article D922-9 in maritime waters where the fishing is not subject to European regulation conservation and management, marine fisheries cannot be exercised using the nets, gear and fishing modes: 1 ° nets towed type trawl or gangui;
2 ° dredges to shellfish or sea cucumbers;
3 ° sieve to elvers;
4 ° gillnets;
5 ° type trammel nets;
6 ° type seine nets;
7 ° raised fillets of plaice or balance type;
8 ° bend type Hawk nets;
9 ° type locker, nasse, fyke, faggots traps;
10 ° lines and hooks;
11 ° gear by suspension or injury, such as knives, hooks, scissors, piochons, rakes, shovels, grapettes, harpoons, Spears, scoop;
12 ° sin to light, the bait and electricity.


Article D922-10 list of permitted gear specific to the exercise of fishing walk Professional is fixed by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article D922-11 the characteristics and conditions of employment of nets, gear and fishing are attached, either by order of the Minister in charge of maritime fisheries and marine aquaculture, either by deliberations made mandatory pursuant to article 921-2-1 of the national Committee or regional maritime fisheries and marine farms committees, by taking into account: 1 ° of species or groups of species for the capture of which they are intended in particular their minimum size when it was fixed;
2 ° of the areas and fishing periods where they can be used;
3 ° characteristics and equipment of vessels authorized to engage in the relevant activity.
The Minister may also fix rules for the measurement and control mesh size and the thickness of the authorized nets.


Article D922-12 when a net, gear or methods of fishing because of its characteristics and its conditions of use, is designed for fishing for a particular species, the proportions of other species that may be retained on board are attached either by order of the Minister responsible for maritime fisheries and marine aquaculture, either by proceedings of the Committee on national or regional committees of maritime fisheries and marine farms made mandatory pursuant to article L. 921-2-1.
Catches made on an ancillary basis in excess of those authorized for conservation on Board pursuant to the first subparagraph must be immediately returned to the sea, with the exception of catches of species for which releases are expressly prohibited by the legislation in force.


Article D922-13 the attachment of devices to obstruct the mesh any part a net or to reduce effectively the dimensions is prohibited.
However, the Minister in charge of maritime fisheries and marine aquaculture may, by order, authorize the use of certain devices to enhance or protect the net or improve the selectivity.


Article D922-14 in maritime waters where the fishing is not subject to the provisions of the European regulations on the determination of the mesh size of fishing nets, the mesh of any kind are measured using a flat gauge of 2 millimetres thick.
The selected mesh corresponds to the average of the measurements made on a series of at least 20 consecutive meshes in the direction of the net, except STS ramendees or broken or which are set of authorized devices.
The result of the measurement should be understood by the inner distance in a same mesh stretched in its largest dimension: 1 ° between two nodes in a sheet knotted;
2 ° between two crosses in a tablecloth without node.
Any measure of the mesh should be wet NET.


Article D922 - 15 in order to protect the resource or to ensure sound management, the administrative authority designated under section R.* 911-3 may, by order, in certain areas or for fishing for certain species: 1 ° limit the number of gear permitted by vessel or by fisherman;
2 ° set the characteristics of the vessels authorised to fish.


Article D922-16 the use of towed nets is banned within three miles of the low tide mark of the coasts of the continent and the Islands or islets emerging constantly.


Article D922-17 by way of exception to the provisions of article D. 922 - 16, where the depth of water permits, or when such a measure does not affect the requirements of the protection of resources, administrative authority designated under section R.* 911-3 may, by order, authorize the use of towed nets in the three-mile coastal band.
It may also set in this case, the characteristics of the vessels and those of their nets.


Article D922-18 it is prohibited form, in ponds and inlets of inland waters and territorial waters, dams either in nets, various materials which occupy over two-thirds of the width wet water plan.
If threads or devices are used simultaneously, on the same side or on two opposite, even by different fishermen, banks they must be separated by a distance equal to three times at least the length of the longest of them.


Article D922-19 the creation and renewal of fisheries or locks to fish in wood, stone, masonry, or any other material are prohibited.


Article D922 - 20 However, the renewal of fisheries or fish locks may be authorized, after notice of the french Research Institute for exploitation of the sea, by the administrative authorities designated in article R.* 911-3 when he did not call in question the rational management of the fishery resource.


D922-21 installation on the public domain article natural state of all nets tablecloth or Pocket that don't change position once stalled, whose implementation requires a deep implementation leading to a prolonged and deprivation of the public domain occupation and which constitute fisheries within the meaning of article D. 922 - 19 shall be prohibited.


Article D922-22 installation on the natural public domain of the State of all nets tablecloth or Pocket which the establishment has only implantation rudimentary ground and which are designated under the name of fixed nets is subject to annual authorization issued by the prefect of Department under conditions defined by order of the Minister in charge of maritime fisheries and marine aquaculture.


Section D922-23

To ensure the sound management of fisheries resources and the traceability of the catches, the Minister in charge of maritime fisheries and marine aquaculture may require marking of the catches of certain species.

Section 4: Agenda and precautionary measures Article R922-24 it is forbidden to carry on board a fishing vessel any physical or chemical transformation of fish, with the exception of their waste for the production of flour or oil.


Article R922-25 when the capture of certain species is subject to restriction, weight or number, or when a size or a minimum catch weight has been set, the Minister in charge of maritime fisheries and marine aquaculture may, by order, prohibit certain operations of mutilation, preparation or processing which would have the effect of prohibiting the measures thus taken control.


Article R922 - 26 in order to allow the smooth operation of fishing activities, the measures relating to the terms of use or installation of fishing gear, their orientation, their length, their spacing and periods where they may be placed or used shall be fixed by the administrative authority referred to in article R.* 911-3 or by decision of the national Committee or regional committees made mandatory pursuant to article L. 921-2-1.
The use of some nets or gear or certain types of fishing for the capture of one or more specified species may also be prohibited under the same conditions.
Any device disposal at all times preventing the rise of machinery for the purpose of control is forbidden.


Article R922-27 the composition, characteristics and detailed rules for the application of the identification marks of the fishing vessels are laid down by order of the Minister in charge of maritime fisheries and marine aquaculture, without prejudice to the provisions of the Decree of 17 April 1928 as amended relating to the external marks of identity of ships.


Article R922-28 in the territorial waters, nets, lines and other fishing gear wet at sea or drift shall be marked with buoys to identify their position, their orientation and their scope.
The number and the technical characteristics of these buoys are set by joint order of the Ministers responsible for maritime fisheries and marine aquaculture and the sea, which may also require the installation of a radar reflector gears of a certain size.
Fishing equipment used by professional fishermen or not must be marked on the surface of the letters and number of the vessel to which it belongs.
When this material is not used on a vessel, a mark that identify and locate its owner must also be affixed.


Article R922-29 the elements of identification and reporting of ships or fishing gear cannot be erased or obscured, even partially, by any means whatsoever.
Nets, lines and other fishing gear wet in sea or nets that do not bear the identification mark provided for in the preceding article are considered to be wrecks.

Section 5: Fishing, harvesting and harvesting of marine plants sub-section 1: provisions common Article D922-30 for the purposes of this section, are considered marine plants algae, kelp, marine and halophilic plants hereinafter goémons. These goémons are classified and defined as follows: 1 ° shore Goémons;
2 ° goémons pushing at sea;
3 ° goémons wrecks.
Shore goémons are those who hold to the ground and are harvested on foot or on the shore of the sea, either on the Islands and uninhabited islets, rocks discovering at low tide.
Goémons pushing sea those who holding the funds can only be reached on foot at low Equinox tides sea.
Goémons wrecks are those who, seconded by sea, derive at the discretion of the waves or are stranded on the shore.


Article R922-31 fishing for goémons pushing at sea or that derive at the discretion of the waves can be made only by licensed vessels of a fishing crew role.


Article R922-32 the goémons grubbing is prohibited.
Instruments used for the harvesting of the goémons should be designed and operated to prevent the grubbing up of spikes or fixing bases.
Ban and the requirements referred to in this article do not apply to harvesting the kelp and lichens.


Article R922-33 height above the spike from which algae Cup is authorized shall be fixed according to the varieties of algae, by order of the authority referred to in article R.* 911-3.


Article R922-34 any species goémons pushing or deposited by the sea inside the establishments or fishing or farming concessions cannot be caught or harvested by the operators of these establishments or concessions, or whom they have authorized for this purpose.


Section R922-35 people fishing from a vessel goémons shall not approach within 100 metres of fishing vessels, nets and other fishing gear and of establishments or fishing or marine crops regularly reported concessions.
People practicing shore goémons harvesting and collection of wrecks goémons must not closer than 50 meters from the same institutions or concessions.
The distances set out in the preceding paragraphs may be increased by the administrative authority designated under section R.* 911-3 when an exceptional natural circumstance will have resulted in the displacement of the farmed shellfish out of these institutions or concessions.

Sub-section 2: Shore Goémons Article R922-36 the shore goémons harvesting is permitted throughout the year, with the exception of lichens which the harvest can be practised on the Metropolitan coast, that from May 1 to October 30. This period can be changed, for one or more of the species under consideration, for reasons set out in article R. 922 - 37, by the authority designated under section R.* 911-3.


Article R922-37 to prevent degradation of the marine plant resources when they appear as threatened, and to ensure the security, safety, public health and good order of harvesting the administrative authority designated under section R.* 911-3 may by order: 1 ° prohibit permanently or temporary harvest in some areas.
2 ° limit for some species the quantities which may be harvested;
3 ° limit quantities per angler;
4 ° prohibit certain processes or fishing gear or provide for the limitation of the number of beneficiaries;
5 ° allow or advocate of new processes or fishing gear.


Article R922-38 harvesting of goémons growing on the shore of the sea, the dams, the banks of rivers, rivers, channels or along the wharves or structures built at sea is prohibited, unless it has been authorised according to the procedure referred to in article R. 921-66.

Sub-section 3: Goémons pushing sea Article R922-39 goémons pushing sea fishing can be practised on the Metropolitan coastline that from May 1 to October 30. For reasons set out in article R. 922 - 40, this period can be changed for one or more of the species considered by the authority designated under section R.* 911-3.


Article R922-40 to prevent degradation of the marine plant resources when they appear as threatened and to ensure the security, safety, public health and the smooth operation of fishing activities, the administrative authority designated under section R.* 911-3 may, by order: 1 ° prohibit permanently or temporary fishing in some areas;
2 ° limit for some species the quantities which can be fished;
3 ° limit quantities per angler;
4 ° prohibit certain processes or fishing gear or provide for the limitation of the number of beneficiaries;
5 ° allow or recommend new processes of fishing.


Section R922-41 when pushing the goémons fishing at sea is carried out in swimming or diving action by any process whatsoever, the master of the vessel must have signed a declaration on the exercise of professionally underwater fishing.

Sub-section 4: Goémons shipwrecks Article R922-42 the establishment of fisheries to goémons using stakes or any other process is prohibited.


Article R922-43 the administrative authority designated under section R.* 911-3 may, for reasons of police and after consultation with the concerned mayors, take any measure relating to the creation of the collection.
It may also, for the same reasons and in the same conditions, prohibit some days the wrecks goémons collection.

Sub-section 5: Special provisions to the Mediterranean section R922-44 harvest goémons growing in the salt ponds of the Mediterranean is subject to the provisions of this section.

Section 6: Eel fishing downstream of the cross-sectional limits of UNCLOS Article R922-45 for the purposes of the provisions governing the exercise of the eel fishing, are regarded as: 1 ° less than 12 cm eel: eel whose length is less than this size, including the glass eel, FRY translucent in appearance.
2 ° silver eel: eel with a differentiated lateral line, a dark dorsal livery, a whitish ventral livery and ocular hypertrophy;
3 ° yellow eel: eel whose size and appearance differ from those described in the 1 ° and 2 °.
4 ° eel: any eel, whatever the stage of development described in 1 ° to 3 ° to which it has reached.



Article R922-46 without prejudice to the application of the general regulation of maritime fishing, the provisions of this section govern the eel fishing downstream of the cross-sectional limits of the sea, maritime areas of eel management units.
These units correspond to the natural habitat of the eel in the continental watersheds, including colonisable areas by the species as well as those that are accessible after equipment works obstructing his passage, in estuarine areas and in the maritime areas of distribution of this species.
The limits of eel management units are set by order of the prefect of the region, after the opinion of the Management Committee of the migratory fish of the basin in which fits the intended management unit, in accordance with limits contained in the plan of management approved by the Commission European in application of article 2 of Regulation (EC) No 1100/2007 of the Council of 18 September 2007 establishing measures for the recovery of the stock of eels European.


Article R922-47 the eel fishing is prohibited outside of eel management units.


Article R922-48 I. - fishing for eels less than 12 cm is prohibited.
II. - However, the fishing of eel less 12 cm can be practised on the Atlantic seaboard, in the English channel and North Sea by fish harvesters beneficiary of an authorization issued in a manner and for a period of five months at most, fixed by order of the Minister in charge of maritime fisheries and marine aquaculture.
III. - The fishing of eels less than 12 cm quotas are set and broken down by management unit, for each fishing season, by order of the same Minister. The order can establish individual quotas.
The procedures for allocation of quotas, their monitoring and their control are defined by order of the same Minister.
IV. - The order provided for in the first paragraph of the III distinguishes which must be assigned to the repopulation and for consumption.


Article R922-49 I. - professional fishing and recreational eel yellow is authorized in the English channel and North Sea, on the Atlantic and Mediterranean during a period fixed for each management unit by order of the Minister responsible for maritime fisheries and marine aquaculture and the Minister responsible for freshwater fisheries.
However, in the basin of Arcachon, this cet arrete order sets a particular period for professional fishing exclusive yellow eels by fish harvesters for prior art.
II. - The fishing of the yellow eels by fish harvesters, as well as by the fishermen of leisure in sea area when they use gear or nets, is subject to an authorization issued under the arrangements laid down by order of the Minister in charge of maritime fisheries and marine aquaculture.
III. - Recreational of yellow eel fishing is prohibited at night, half an hour after sunset and half an hour before the sunrise. It can be prohibited by that Minister, partially or totally, the conservation of the species makes it necessary.


Article R922-50 silver eel fishing is prohibited on the Atlantic seaboard, as well as in the English channel and the North Sea.
On the Mediterranean façade, the silver eel fishing can be practised by professional fishermen who receive an authorisation issued under the terms and for a period fixed by Decree of the Minister in charge of maritime fisheries and marine aquaculture.


Article R922-51 professional fishing of eel may be authorized only from a fishing vessel.
However, for professional fishermen justify prior art fishing of eel, a renewable authorization may be issued when this fishing is conducted on foot according to the provisions in articles D. 921 - R. 921 67 - 75.


Article R922-52 the terms and conditions of fishing for eel, declarative obligations weighing on fishermen, first time buyers and carriers of eel and the rules relating to the registration, to the declaration of catches landed, at first sale and transport of eel are fixed by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article R922-53 authorisations granted pursuant to articles R. 922 - 48 to R. 922 - 51 may not be renewed in case of breach by their holders to obligations that are made to them by article R. 922 - 52.

Chapter III: Aquaculture marine Section 1: Documents guidance and management of aquaculture marine sub-section 1: regional development patterns of marine aquaculture Article D923-1 marine aquaculture is the whole breeding marine animals and marine plant cultivation activities.


Article D923-2 the regional pattern of marine aquaculture development applies to the public maritime domain as well as waters under the sovereignty or French jurisdiction and territory of the coastal municipalities.
It lists exhaustively, the sites of existing marine aquaculture as well as conducive to the development of different productions of sustainable marine aquaculture, indicating routes of access to the sites, as well as land necessary for their operation.
The schema includes the basins of homogeneous production defined by patterns of marine crop farms structures established in application of article D. 923 - 6.
The identification of the sites conducive to the development of sustainable marine aquaculture is carried out according to evaluation of their characteristic hydrological, oceanographic, biogeographical, ecological, trophic, health or socio-economic, from studies or analyses available at the time of the adoption or the revision of the regional scheme of development of marine aquaculture. It takes into account the environmental impacts and the socio-economic benefits that the activity is likely to have, on the basis of estimated production.
The regional plan is taken into account for the licensing of activities other than marine crops on the public maritime domain, under the conditions laid down in the front last paragraph of article L. 923-1-1.


Article D923-3 the maritime Council of facade or the competent Ultramarine maritime Council, respectively mentioned in articles L. 219-6-1 and L. 219 - 6 of the code of the environment, is consulted prior to the adoption or the revision of the regional scheme of development of marine aquaculture in the manner laid down in article L. 923-1-1 of this code. It shall deliver an opinion within two months of its referral. In absence of a reply within this time limit, the notice is deemed to render.


Article D923-4 strategic document of facade, and in communities overseas, the strategic document of maritime basin, provided for by articles L. 219 - 3 and L. 219 - 6 of the code of the environment, take into account the regional patterns of development of marine aquaculture.


Article D923-5 an assessment of the implementation of the regional plan of development of marine aquaculture occurs at the latest at the end of a period of five years from the date of the order establishing or revising the scheme.
It is made by the competent authority to develop the scheme, after consultation of the persons mentioned in the second paragraph of article L. 923-1-1.
The balance sheet is presented marine facade Council or the Council maritime Ultramarine, respectively mentioned in articles L. 219-6-1 and L. 219 - 6 of the code of the environment.
On the occasion of this review, the appropriateness of a revision of the schema is examined. If the revision is decided, it operates within a maximum period of six months from the validation of the balance sheet.

Sub-section 2: Patterns of marine cultivation Article D923-6 I. farms structures - it is established a scheme of the structures of crop farms marine by Department and type of activity. This schema is arrested by the prefect, or, if a basin of production extends on the territory of several departments, by the prefects riparian departments, in the light of the elements produced by the regional committees concerned shellfish and after receiving the opinion of the committees of the marine cultures.
II. - This schema defines the priorities that the objectives of development of the structures of marine cultivation operations policy set out below are implemented in the sector concerned: 1 ° promote the installation of young farmers;
2 ° ensure the maintenance of economically viable enterprises avoiding their dismemberment and promoting their recovery;
3 ° enable the creation or resumption of operations with a functional unit;
4 ° promoting the expansion of holdings does not reach the minimum size of reference;
5 ° encourage the redevelopment of marine cultivation areas and the installation of young farmers, notably by setting aside of areas granted to the regional committees of the shellfish.
III. - The exploitation of marine cultures, within the meaning of the present book, brings together all of the parcels, irrespective of their location, subject to acts of concession, granted by the prefect to the same farmer.


Article D923-7 the structures schema sets, including hydrological, biological, economic and demographic criteria: 1 ° the homogeneous production areas.

2 ° a dimension of first installation which must achieve new operator by obtaining a concession or several concessions concurrently in a same basin;
3 ° a minimum size of reference, corresponding to the surface which should have a business average family-type to be viable in the basin concerned;
4 ° a maximum size of reference by basin taking into account the different modes of exploitation existing in the relevant basin;
5 ° the priorities under which are considered the applications in coherence with the objectives set out in article D. 923 - 6;
6 ° if necessary, by basin production and appropriate geographical area and on the basis of the trophic capacity of the sector in question, specific provisions to promote a better distribution of saline waters necessary for organic production;
7 ° of specific rules to ensure best growth of marine cultures, including standards of density of cultures;
8 ° in marine protected areas, provisions to ensure compliance with the applicable requirements in these areas.


Article D923-8 I. - development of areas of marine cultures or redevelopment of areas of marine cultivation in a particular sector can be developed to improve the productivity of concessions and the profitability of the businesses.
These projects are prepared by the professional organizations concerned, or by the administration, if necessary jointly.
II. - Development projects include the creation of marine cultivation areas in sites where there is no activities shellfish. The opinion of the french Research Institute for exploitation of the Sea (IFREMER) is required for any development project. Absence of a response within a period of three months, the notice is deemed to render. At the request of IFREMER, this period may be extended to six months.
III. - The redevelopment include the restructuring of existing shellfish areas that were the subject of concessions.
An area redevelopment plan must be approved by at least three-fourths of Chief executives representing at least three-quarters of the conceded affected surfaces before the entry into force of the plan. An order of the Minister in charge of maritime fisheries and marine aquaculture specifies the conditions for such approval.
IV. - The projects mentioned in the I stopped by the prefect of the Department or, where appropriate, jointly by the prefects of riparian departments, following the opinion of the commission the marine crops or marine cultures concerned commissions.
In the case of collective operations to ensure the development of marine cultures, the applicant for a project development or redevelopment cannot be that a legal person under public law or a professional organization under Chapter II of title I of the present book.

Section 2: Concessions for the exploitation of marine cultures sub-section 1: provisions common Article R923-9 should be the subject of a concession on the public maritime domain as well as in the part of the rivers, ponds and channels where the waters are salty: 1 ° the life cycle of marine, plant or animal species operating activities, including harvesting, aquaculture, refining, purification, storage packaging, shipping or the first marketing products;
2 ° a marine aquaculturist, activities that are in line with the activities mentioned in the 1 °, therefore they are carried out on land in the public domain of the State or another public person;
3 ° the taking of water for use in seawater farms of marine cultures located on private property.


Article R923-10 the concessions referred to in article R. 923 - 9 are issued by the prefect, on the proposal of the departmental Director of territories and sea, and after receiving the opinion of the Committee of marine cultures, for a maximum of thirty-five years.


Article R923-11 I. - grant, supplemented by a specification conforming to a model established by order of the Minister in charge of maritime fisheries and marine aquaculture, following the opinion of the Ministers in charge of the area, the environment and defence: 1 ° fix the duration of the concession, the conditions of occupation and use of the granted public domain, in particular the arrangements and structures necessary for this use , as well as the nature of authorized crops and techniques used, taking into account, inter alia, of the presence of marine protected areas within the meaning of article l 334 - 1 of the environment code and guidelines and procedures for management or conservation relating thereto as well as ancillary activities mentioned in the 2 ° of article r.. 923-9 allowed;
2 ° shall determine the modalities according to which the conditions referred to in 1 ° above can be changed under concession or at the request of the concessionaire, or by decision of the prefect, taken on the proposal of the departmental Director of territories and the sea, after the opinion of the Committee on marine cultivation;
3 ° indicates the amount of the State fee due to the State and the modalities of its revision, as determined by application of the rates laid down by order of the Minister in charge of the areas after opinion of the Minister responsible for maritime fisheries and aquaculture marine; This same Decree provides the terms of liquidation, collection and revision of the fee, its due date and the conditions under which it may be temporarily reduced in case of exceptional harmful circumstance giving rise to intervention by the State;
4 ° requires the concessionaire annually report its production;
5 ° recalls that at the end of the occupation title works, buildings or installations of real estate nature exists on occupied Crown dependency were demolished either by the holder of the authorization, or at his own expense. However, the deed of concession may providing for keeping them in the State if the competent authority waives their demolition in whole or in part.
II. - The specification provides, where appropriate, a right of passage, particularly for landlocked neighbouring concessions serving.
III. - The granting of a concession is not worth the State's commitment on the productive capacity of this concession.


Article D923-12 management acts relating to concessions of exploitation of marine cultures are educated taking into account the regional scheme applicable to the area concerned marine aquaculture development.
However, concessions may be granted on the public maritime domain in areas that would be not identified in a regional pattern of development of marine aquaculture.
The statement of demands for concessions of exploitation of marine cultivation takes into account, where appropriate, studies and analyses provided to the persons referred to in the second paragraph of article L. 923-1-1.


Article R923-13 an order of the Minister in charge of maritime fisheries and marine aquaculture defines measures for the application of this chapter relating to: 1 ° the terms of administrative management of the concessions of marine cultures, particularly as regards the demarcation and the marking of areas and concessions of marine cultivation;
2 ° the establishment and maintenance, at the headquarters of each of the directorates of the territories and the sea, or in such other locations designated by the prefects, the official of the General and specific plans and all collection paperwork for each and the other, known as registers of establishments in marine cultures, to identify, list and register all parcels on the public domain for purposes of marine cultivation;
3 ° the objectives and methods of control of the implementation of the rules laid down by this chapter.

Sub-section 2: Conditions of concession Article R923-14 the physical person requesting the grant of a concession must be French or nationality who is a national of another State member of the European Union or of another State party to the European economic area or to the nationals of other countries, justify a residence permit allowing them to work with the territory french during a minimum period of five years from the date of installation.


Article R923-15 the physical person requesting the grant of a concession must justify his professional competence by possession of a diploma or peer with at least equal curriculum, in its content and its level, to that of professional cultures marine and appearing on a list established by the Minister in charge of maritime fisheries and aquaculture marine after the opinion of the Ministers responsible for education agricultural education, maritime education and training.
The applicant holds a diploma or title approved to a level at least equal to that of the level IV of the interdepartmental classification of levels of training referred to in article R. 335 - 13 of the code of education, but are not on the list referred to in the preceding paragraph, may apply to the prefect authority to attend a training course in marine cultivation.
By way of derogation from the two preceding paragraphs, applicants born before 1 January 1990 may justify their professional capacity:

1 ° either by possession of a diploma, or certificate of a level equivalent to the patent of marine cultures maritime professional studies or professional patent agricultural and maritime and appearing on a list established by the Minister in charge of maritime fisheries and aquaculture marine which collects, to that effect, the opinion of Ministers referred to in the second subparagraph;
2 ° or by possession of a certificate of maritime competence of grower and proof of professional experience of three years in marine cultivation, supplemented by a marine cultivation training course approved by the prefect and sanctioned by the issuance of a certificate of success;
3 ° or by providing proof of professional experience of at least five years in marine cultures, in navigation to fishing or farming, subject to having done a traineeship in marine crops approved by the prefect and sanctioned by the issuance of a certificate of success.
The person that must, to justify professional ability, completing a training course in marine cultures authorized can, if she has not yet done it, be authorized to apply provided that they engage a certificate duly signed, to the internship within two years following the date of entry into force of the decree authorizing operation of marine cultivation.
The authorization is subject to the obtaining of the certificate of successful completion of the traineeship in marine crops approved by the Manager of the sea, in that period of two years.
By way of derogation from the first subparagraph, persons already installed in marine cultures before January 1, 2010 do not have to justify their professional competence.


Article R923-16 are deemed complete condition of diploma in 1 ° and 2 ° of article R. 923 - 15, on terms laid down by order of the Minister in charge of maritime fisheries and marine aquaculture, professionals who are nationals of a Member State of the European Union or of another State party to the agreement on the European economic area which justify title training or an attestation of competence to a level equivalent to or below of these graduates within the meaning of articles 11 and 13 of directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications. If the taking up or pursuit of the activities governed by this Decree is not regulated in the Member State of origin, professionals must also justify full-time two years of professional experience over the past ten years. In case of substantial differences between, on the one hand, the training required in France to engage in those activities and, on the other hand, received by the applicant, and the knowledge he acquired during his professional experience, and must, at his choice, undergo an aptitude test or complete an adaptation for a maximum duration of three years period. The content and organization of this internship and this test are fixed by order of the Minister responsible for maritime fisheries and marine aquaculture.


Article R923 - 17 subject to the provisions of articles R. 923 - 28-R. 923 - 30, the natural person who request the grant of a concession is committed to exploit it personally.
Is deemed personal exploitation which is provided directly by the dealer and his family or, under his direction and at the expense of it, by shellfish workers.


Article R923-18 when the applicant carries out one or more activities shellfish associated with fishing or aquaculture marine, la or shellfish activities must be carried out primarily.
Is deemed to be activity main that provides business leader or leaders of professional competence at least 50% of their professional income-eligible and which occupies at least 50% of their working time.
The condition laid down in the preceding paragraph is not applicable during the first four years of installation as well as periods of epizootic disease.


Article R923-19 a family group limited to spouses, cohabitees or the persons bound by a civil Pact of solidarity and to their ascendants and descendants, as well as spouses, cohabitants or the persons bound by a Pact of civil solidarity with them, may request the granting of a concession in codetention.
Each Member of the family group co-owner must meet one or other of the conditions of professional competence referred to in article R. 923 - 15 and undertake to operate the concession personally under the conditions laid down in article R. 923 - 18.
The constitution of the codetention, first installation dimension to take into account corresponds to the dimension of first installation mentioned in the structure schema, multiplied by the number of joint holders within the limits of the minimum size of reference.
Current concession, a dealer may apply to be joined in codetention one or more persons of the family group as defined in the first subparagraph.
Holders shall designate among them an agent, responsible for representing the interests of dealers. It presents the concession application. Holders are supportive of the implementation of the clauses of the concession.
If a cardholder request the granting of a concession for its own account, all of the surfaces that are the subject of the concession in codetention is used for the calculation of the first installation dimension to be taken into account in the consideration of its application.
In the event of death of one of the joint holders, the rights of the latter can be transferred under the conditions laid down in article R. 923 - 38.


Article R923-20 a legal person in private law may request the granting of a concession only if the majority of its capital is held by natural persons satisfying the conditions of professional competence referred to in article R. 923 - 15 and if half at least of its leaders meet these same requirements. They must ensure the effective conduct of the operation in whole or in part.
The applicant undertakes to inform the Commissioner of any change in its statutes. In cases where the legal person no longer fulfils the conditions laid down above, the prefect proceeded to the withdrawal of the concession.


Article R923-21 if the request for grant is submitted by a legal person of public law or a professional organization under Chapter II of title I of the present book, it undertakes to operate the concession which is granted either by natural persons satisfying the conditions referred to in article R. 923 - 15, or by legal entities of private law consisting exclusively of persons satisfying the same conditions , or by each and the other at the same time.
When the concession was granted to a regional shellfish aquaculture Committee, to put in reserve of the surfaces as part of a redevelopment plan areas of marine cultivation or to promote the installation of young farmers, the Committee undertakes to maintain and, where appropriate, to rehabilitate the concession, directly or indirectly, by any appropriate means.


Article R923-22 a new operator may obtain one or more concessions of marine cultures if they allow him to reach the dimension of first installation referred to in 2 ° of article D. 923 - 7.
When an operator enjoys or seeks to benefit from concessions in several basins, the dimensions of first installation, the minimum dimensions of reference and the reference dimensions to be taken into account during the consideration of its application are calculated based on the surfaces held in each question pool, by weighting of the dimensions of first installation and the minimum and maximum dimensions for reference retained by the schemes of structures respectively for each of the basins.

Sub-section 3: Procedure for examination and issuance of concessions Article R923-23 the application is addressed to the prefect in a manner specified by order of the Minister in charge of maritime fisheries and marine aquaculture. The application is the subject of an administrative inquiry and the public inquiry established by this subsection, without prejudice to the public survey on the basis of article L. 123 - 1 of the environment code, when it is required pursuant to article R. 122 - 2 of the same code.
Where the applicant already has one or several concessions, its application mentions all conceded surfaces.
If the applicant does not meet the conditions laid down in article R. 923 - 15 of this code or if the application is surfaces do not allow to reach the dimension of first installation, the prefect reject the application without submitting it to administrative instruction specifying the reasons for its decision.


Article R923-24 administrative inquiry, the prefect shall simultaneously communicate the request: 1 ° for an opinion consistent with the maritime prefect and the competent military authority referred to in article R. 2124-56 of the general code of the property public entities;
2 ° for opinion, each in relation to the interests he load, to the members of the commission of marine cultures mentioned in the b to g of 1 ° of article D. 914-4;

3 ° to notice to the Director of the Conservatory of coastal areas and Lake shorelines, or the Board of management of marine natural park, to the Director of the national park, to the management authority of the nature reserve, to the departmental Committee of nature, landscapes and sites, for the marine portion of a Natura 2000 site as the application concerns a parcel within the jurisdiction of their competence.
Each of the authorities concerned has a month to respond. It could be two months on request ten days before the end of the first month with the Prefect who grabbed her.
The lack of response is equivalent to the acceptance of the application. In the event of opposition by the maritime prefect, the abandonment of education is notified by reasoned opinion to the applicant and the other authorities mentioned in this article.


Article R923-25 the public inquiry is opened in the municipality where the considered plots are located and the neighbouring communes. The regional Committee of shellfish aquaculture, professional organisations representing the marine cultures other than shellfish and the departmental Committee of marine fisheries are informed of this investigation.
The initiation of the investigation is announced 15 days in advance through posters affixed to the ordinary places of administrative views in the direction départementale territories and the sea and the town councils of the neighbouring communes. These posters remain in place for the duration of the investigation which is 15 days. The competing applications may be filed during the fifteen days of the display and the first days of the investigation.
The prefect and the mayors are available to the public, in the offices where the investigation is open, a booklet intended to receive its comments motivated, dated and signed. Documents relating to the original application and any competing applications can be viewed at the direction départementale territories and the sea for the duration of the investigation. At the end of the investigation period, the prefect and the mayors stop and sign the notebooks of observations. Through their transmission, the mayors can join the opinion of the municipal councils. Any workbook opened in a town hall not reached prefecture within fifteen days of the termination of the investigation is deemed to contain no comments.
The prefect shall seek the opinion issued by the commission of marine cultures. It transmits to the departmental Director of public finances an extract from the file containing all information for the purposes of fixing of the State fee.


Article R923-26 the grant award decision is taken by the prefect.
However, and subject to the provisions of articles R. 923 - 48 and R. 923 - 49, when the exploitation of marine cultivation is located on the maritime public domain managed by one public person other than the State, grant is taken jointly by the prefect and the public person Manager conceded plots.
The silence kept by the prefect for six months from the date of acknowledgement of receipt of the grant provided for in this chapter is the decision of rejection of this application.


Article R923-27 grant is notified to the dealer. It is requested to sign the specification that complements this Act within two months from the date of notification.
When it is done pursuant to the provisions of article R. 923 - 43, the licensee must also fulfill within this period, the allowance and the proof to the prefect, or report of a contract with the former holder for a payment installment of compensation.
Where, at the expiry of this period, the specification has not been signed, or when the licensee cannot provide evidence of the payment of compensation or the existence of a contract for payment with the former holder, the new concessionaire shall be deemed to have waived the benefit of the concession, except in cases of force majeure duly justified.
The Act of concession is in this case canceled by the prefect, who can grant the concession to another applicant. There's not another applicant, declares the vacancy of the concession.

Sub-section 4: Operating Conditions Article R923-28 concessions are granted to an individual.
However, the dealer who is temporarily unable to operate the respective parcels may, exceptionally, be permitted to operate by a third party, insofar as it satisfies the conditions referred to in the first subparagraph of article R. 923 - 15.
An order of the Minister in charge of maritime fisheries and marine aquaculture lays down the conditions for the issuance of authorizations which the duration shall not exceed three years and can be extended for a period not exceeding one year.
In the case of mutual assistance conducted between companies of marine cultures in accordance with the provisions of article L. 325 - 1, dealers shall transmit the written contract between the parties to the Prefect who ensures the reality of mutual assistance.


Article R923 - 29 under the authority of the prefect, dealers may be formed in society, and, by way of derogation from the requirements of article R. 923 - 17, entrust this company the operation of concessions they hold individually. The authorization request is addressed to the prefect of the Department of the headquarters of the applicant dealer.
Where the application concerns the operation of concessions located in different departments, it is addressed to the prefect of the Department of the headquarters of one of them. The prefect informs the prefects of departments in which are located the concessions given to the operating company.
The Prefect who has received the application shall take its decision after the opinion of the Committee on marine cultivation.


Article R923-30 corporation incorporated under the conditions referred to in article R. 923 - 29 may include, in addition to dealers cited, all other members under the double condition, introduced in its statutes, that dealers members hold a majority of the capital and occupy a minimum number of managerial capacity laid down by an order of the Minister in charge of maritime fisheries and marine aquaculture.
The prefect is informed, in a manner specified by the same order, of all the changes occurring in society. It ensures that the statutory conditions laid down in the first subparagraph are met at all times.
Where the majority of the capital is more owned by dealers or if they occupy over the minimum number of required leadership positions, the prefect puts formal members: 1 ° either to satisfy the conditions laid down in paragraph 1 of this article;
2 ° or to dissolve the company and, for each dealership, to resume the operation on an individual basis.

Sub-section 5: Renewal, substitution, Exchange and transfer of concessions Article R923-31 the grant is renewable for the benefit of the holder subject which the latter undertakes to continue to operate the concession in question under the conditions laid down in articles R. 923 - 14-R. 923 - 22.
The application for renewal is filed five years at most and six months at least before the date of maturity of the concession and subject to the planned statement in articles R. 923 - 23 to R. 923 - 27.
If, however, at the end of a concession granted for 35 years, the renewal application covers a period equal or less than five years, it is not made at the public inquiry under article R. 923 - 25. A dealer may not avail itself of this provision only once for each of the concessions which he seeks renewal.
When there is a public inquiry and filing of competing applications, the outgoing concessionaire enjoys a right of priority in allocation.
The benefit of this right may be refused by the prefect, initiative, either on the advice of the commission of marine cultures, for any of the reasons mentioned in article R. 923 - 40.
The allocation is carried out in accordance with the provisions of article R. 923 - 11.
Refusal of renewal of lease motivated by an unfavourable opinion of the maritime prefect, the concessionaire is primarily offer an area of substitution of equivalent productivity in the same basin.


Article R923-32 without prejudice to the provisions of article R. 923 - 28, the holder of a concession may request that is overridden in its rights, until the expiry of the concession, a third person or entity. The object of the request for substitution concession holder must hold the ten years at least at the time of the filing of the application.
The period of detention of the concession is assessed taking into account the duration of exploitation by the holder before the renewal of its grant, equivalent titles prior to a restructuring plan, a change in the attitude or an Exchange. Where the holder has obtained the concession as a result of a transfer by spouse, parent or an ascendant of spouse in the framework envisaged in article R. 923 - 38 and it can prove he was involved during the ten years preceding the date of filing of the request for substitution, to the development of the concession This period of activity is also taken into account for the assessment of the duration of detention.
This condition of duration does not apply in the following cases: 1 ° in case of transfer of the whole of a business for the benefit of a person or entity unique;

2 ° in case of transmission allowing the installation of a natural person satisfying the conditions referred to in article R. 923 - 15, either individually or personally in the context of a legal person under private law.


Article R923-33 the beneficiary of substitution must meet the conditions laid down in articles R. 923 - 15-R. 923 - 21.
The substitution cannot benefit to a natural or legal person whose exploitation, in light of this substitution, does not reach the minimum size of first installation.
A request for substitution is not admissible if it has to reduce the surface owned by the original owner to a level below the minimum size of reference referred to article D. 923 - 7. The same applies when it comes to several proposals for concurrent substitutions.
This or these alternates may, however, subject to a favourable decision if they carry on all detained concessions.


Article R923-34 the substitution request must be accompanied by a draft contract which the conclusion is subject to the issuance of the authorization, between the concessionaire and the third parties wishing to benefit from substitution. The draft contract includes the indication of compensation to be paid by the new concessionaire at the former.
Compensation takes into account, on the one hand, the value of the premises of exploitation and land facilities and water made by the concessionaire on the public domain, the other hand, production potential improvements which he has made in his concession.


Section R923-35 the request for substitution investigated a display on the premises of the departmental Directorate of the territories and the sea and the regional Committee of shellfish aquaculture and for mayor of the Commons in the attitude of the plots granted.
Posters remain in place for a total period of 30 days. During this period, are admissible all competing applications.
The file of the application including the amount of compensation requested by the original dealer can be accessed with the departmental Directorate of the territories and the sea during the posting period.


Article R923-36 record by the request for substitution, parts accompanying it and the elements collected by the administration as well as the possible resumption of the concession filed during the display of the application requests are submitted for opinion to the commission on marine cultivation.
When there is a gap between the compensation demanded by the former dealer and the average value of reference referred to in article D. 914 - 11 corrected by specific elements of the concession referred to in the second subparagraph of article R. 923 - 34, the former dealer justifies this difference to the commission on marine cultivation.
Where several claims are presented, the commission of marine cultures examines these with regard to the priority criteria in the structure schema.
The commission formulates an opinion on the priority or not the beneficiary of the override proposed by the outgoing dealer and the amount of compensation.
In the light of the opinion of the Committee on marine cultivation, the prefect may withhold the candidate proposed by the former dealer, designate another candidate or refuse the substitution.


Article R923 - 37 after the agreement of the parties on the compensation, the prefect modifies the initial act of concession for the remainder by substituting the new dealer.
However, if the title expires in less than five years from the filing of the request for substitution, it may be issued a new title of occupancy in the manner prescribed for the granting of a new concession.


Article R923-38 in case of death of the dealer, the benefit of the concession may be transferred, until the date of expiry thereof, the surviving spouse or the person to whom he was bound by a civil Pact of solidarity and to his heirs in the direct line and their spouses or partners bound by a civil solidarity pact.
A period of three years may be granted to the new beneficiary to prove his professional standing. This period may be extended for a period not exceeding one year. During this period, the new beneficiary may request to be permitted to operate said concession by a third party under the conditions laid down in article R. 923 - 28.
The surviving spouse, partner bound by a civil solidarity pact and the heirs have a period of twelve months of death to agree on the choice of the beneficiary and to request the transfer of the concession on its behalf.


Article R923-39 two operators can trade concessions of equivalent capacity.
The prefect can oppose this Exchange after opinion of the Committee of marine cultures if it is contrary to the schema of the structures of marine crop farms.
Seniority rights acquired during the years of operation of concessions subject to the Exchange are carried on the new titles of concession.

Sub-section 6: Modification, suspension, withdrawal and vacancy of Article R923-40 concessions concessions pursuant to this chapter may be amended, suspended temporarily or withdrawn at any time by reasoned decision of the prefect after the opinion of the Committee on marine cultures, without compensation to the State: 1 ° for failure to pay either the fee or mandatory professional dues provided for in article L. 912-16;
2 ° offences General marine crops regulations or the provisions of the specification annex to the Act of concession, to the schema of the structures or failure to the health standards of marketing of aquaculture products;
3 ° in case of infringement of the management or conservation of a marine protected area defined in article l 334 - 1 of the environment code.
(4) in the case where a company does not operate at least a third of the surfaces that are granted to him or if the concerned location remained untapped or insufficiently operated for a period of three years;
5 ° If the conceded location ceases to satisfy the conditions laid down in article R. 231 water - 37 of the present code;
6 ° If holder had failed the certificate of successful completion of the traineeship in marine cultures, within two years from the date of the decision granting the concession, in accordance with the provisions of the sixth paragraph of article R. 923 - 15.
The absence or insufficiency of exploitation mentioned in 4 above is appreciated on the basis of findings made by officers of the police's marine fisheries listed in article L. 942 - 1. The failure of operation justifying the application of the 4 ° are criteria by the prefect on a proposal from the Committee on marine cultivation and the departmental Director of territories and the sea.
The insufficiency or absence of exploitation period to be taken into account in an epizootic situation or high shortage of reproduction is fixed by the prefect on a proposal of the regional Committee of shellfish aquaculture or the departmental Director of territories and the sea, after opinion of the Committee of marine cultures.
The decision by the prefect is preceded by a formal notice, specifying the findings of screening officers, and accompanied by a time limit so that the licensee shall comply with its obligations.
If, at the end of this period, the holder does not put into rule, he is invited, prior to the decision to withdraw, to submit its observations.


Article R923-41 the concessions granted in accordance with this chapter may be withdrawn or amended at any time by reasoned the Prefect's decision on grounds of public utility, and in particular in the event of implementation of a plan of redevelopment or a plan for the use of the space changes of the sector concerned. When the procedure is conducted pursuant to the code of the expropriation, the ousted dealer is entitled to indemnification provided by this code.
The notification of this decision is accompanied by a deadline for implementation.


Article R923-42 implementing rules of articles R. 923 - 40 and R. 923 - 41 are specified by order of the Minister in charge of maritime fisheries and marine aquaculture, with the exception of those relating to the removal in default of payment of the fee fixed by joint order of the Minister in charge of the domain and the Minister in charge of maritime fisheries and marine aquaculture.


Article R923-43 the prefect said the vacancy of a concession in the following cases: 1 ° waiver of the concessionaire to its rights;
2 ° refusal by striking against a third party for reasons based on failure to comply with the provisions of articles R. 923 - 15-R. 923 - 22;
3 ° death of the dealer not followed the transfer of concession;
(4) revocation of the concessionaire at the end of the probationary period;
(5) judicial liquidation of the dealer without prosecution of activity or at the end of the pursuit of activity permitted by the Court in the absence of plan of disposal.


Article R923-44 the vacancy of a concession of marine cultures shall be the object identical to that of the public investigation in article R. 923 - 25.
This advertising includes an estimate of the compensation that the new beneficiary must pay to the former or its successors. This allowance takes into account the elements mentioned in the second paragraph of article R. 923 - 34.

With regard to the repayment of the current value of equipment with existing products, the former beneficiary or his successors in title and the new beneficiary agree among themselves to determine the amount. If there is disagreement on the price, this price is set to say expert.
Posters remain in place for a total period of 30 days. During this period are admissible requests for resumption of vacant concession to its normal term. These applications are not subject to the administrative investigation and public inquiry formalities laid down in articles R. 923 - 24 and R. 923 - 25.
After the opinion of the Committee on marine cultivation, the prefect means the new holder. After noting the agreement of the latter and the former dealer on the amount of compensation, the prefect modifies the initial act of concession for the remainder.
If no application is filed or if the applications are rejected, the prefect shall make the cancellation of the concession.

Sub-section 7: Special cases of authorisations or concessions Article R923-45 the authorization of inlet sea water for power holdings of marine cultures located on private property is issued in the forms provided for in article R. 923 - 11 and granted ad personam.
The application is submitted by the owner or the lessee which must meet the conditions laid down by article R. 923 - 14 when it comes of natural persons, and in article R. 923 - 20 when it comes to legal persons. The application is submitted to the statement provided for in articles R. 923 - 23 to R. 923 - 27, but it is not received for competing applications during the public consultation.
The permission is renewable for the benefit of the holder. Are applicable to this authority the provisions of articles R. 923 - 29-R. 923 - 31 and R. 923 - 40.
Any change of owner or tenant intervened on private property, or any change in the composition of the company receiving the permission must be brought within a period of six months to the knowledge of the prefect for possible amendment of the authorisation. It first checks compliance with the conditions laid down in the second paragraph of this article.


Article R923-46 authorization operation of a floating pool, the duration of which may not exceed five years, shall be issued in the forms provided for in article R. 923 - 11. Deemed vivier floating any slight structure used exclusively for temporarily storing fish, crustaceans or shellfish intended for immediate consumption.
The applicant can be a physical person meeting the conditions laid down in article R. 923 - 14 or a legal person of private law.
Are applicable to the authorisation of the species articles R. 923 - 23 to R. 923 - 27 and R. 923 - 40. It may be renewed under the conditions laid down in article R. 923 - 31.


Article R923-47 of exempted from payment of the licence fee concessions are issued to the scientific public or private bodies or professional bodies covered by chapter II of title I of this paper, experimental protection purpose, conservation, regeneration funds or by setting aside under 5 ° of article D. 923 - 6 provided that these organizations engage in any act of marketing products obtained.
These concessions are issued on precarious and revocable basis for a renewable term of ten years.
Articles R. 923 - 14-R. 923 - 22 and R. 923 - 28-R. 923 - 39 no their are not applicable.
The concessions referred to in the second subparagraph of article R. 923 - 21, granted to the regional committees of shellfish aquaculture to promote the redevelopment of areas of marine cultures or the installation of young farmers shall be granted under the same conditions. However, their duration is limited to five years, renewable once.


Article R923-48 the provisions of this chapter shall apply to holdings of marine cultures located in the electoral district of an autonomous port or a large seaport in the following conditions: 1 ° the powers attributed to the prefect in articles R. 923 - 10, R. 923 - 27, R. 923 - 29-R. 923 - 31, R. 923 - 37, R. 923 - 40 and R. 923 - 41, R. 923 - 43 and R. 923 - 44 are exercised as appropriate, by the Director of the port authority or by the executive body of the large seaport.
2 ° the State fee is fixed by the port authority or the grand port maritime and perceived in its favour, within the limits of rates established by the ministerial order referred to 3 ° of article R. 923 - 11;
3 ° the headquarters attributed the marine crops Committee in charge of the service responsible for Maritime Affairs at the direction départementale of territories and the sea is occupied by the Director of the port authority or its representative or the representative of the large seaport when this commission is deliberating on the draft decision.
In the ports of Calais, Boulogne, Dieppe, Caen-Ouistreham, Cherbourg, Saint-Malo, Brest, Le Fret, Roscanvel, Concarneau, Lorient, La Rochelle (head of Bay fishing port), Bayonne, Port-la-Nouvelle, Sète, Toulon and Nice, the operating licence is issued by the prefect. If the application relates to a dependency of already licensed area, the concessionaire of the port shall issue the occupation permit to the beneficiary of the operating licence.
The dealer fixed the amount of the State fee within the limits of rates established by the ministerial order referred to 3 ° of article R. 923 - 11.


Article R923-49 the provisions of this chapter shall apply to holdings of marine cultures located in the perimeter of a building assigned or allocated to the Conservatory of coastal areas and lakeshores in application of articles l 322 - 6 and L. 322-6-1 of the code of the environment, under the following conditions: 1 ° by way of exception to the provisions of 3 ° of article R. 923-11 of this code , the fee is fixed by the Conservatoire and perceived for its own benefit or for the benefit of the Manager of the site in accordance with article L. 322 - 9 of the code of the environment, within the limits of the rates laid down by the ministerial order referred to 3 ° of article r.. 923-11, supra;
2 ° the headquarters attributed the marine crops Committee in charge of the service responsible for Maritime Affairs at the direction départementale of territories and the sea is occupied by the Director of the Conservatory or, by delegation, the delegate of shore of the territorially competent Conservatory.

Title III: Business and marketing of products of the sea chapter I: marine fisheries and marine aquaculture Article D931-1 the inscription on the list of maritime cooperatives is pronounced by the prefect of the département in which the registered office of the company is located.
A company seeking its inclusion as the maritime cooperative society produces in support of its request following information and coins: 1 ° the articles of the Corporation;
2 ° the name, the address of the registered office, the legal form and the nature of his activity;
3 ° the nominal list, depending on the legal form of the company, members of the Board of Directors, members of the Executive Board and the Supervisory Board, managers, stating there is place, their quality of sailor in the merchant marine or beneficiary of licensing of marine cultivation;
(4) the list of names of the Auditors;
5 ° the amount of the share capital, the number, the nominal value of the shares issued and their distribution between the shareholders and the number of shares held by administrators;
6 ° any participation in the capital of other companies, with the indication of the amount of these shareholdings and identification of such companies;
7 ° the indication of the cooperative confederation which, where appropriate, relates the company.
A copy of the application for registration and the supporting documentation is sent by the prefect to the relevant cooperative confederation which has a period of two months to give its opinion.
The decision by the prefect is notified to the cooperative company interested by any means to establish certain date.


Article R931-2 the control provided for in article L. 931 - 26 is exercised by the prefect of the département in which is situated the registered office of the cooperative. To this end, the maritime cooperatives communicated before 1 September of each year: 1 ° the proceedings of general meetings together with the balance sheet for the last year, results account, the report of the Board of Auditors and the distribution of the net surplus of management table;
2 ° any modifications made to the statutes or any provided during registration of the cooperative on the list in article D. 931 - 1.


Article R931-3 in cases of violation of legislative and regulatory obligations referred to in the first paragraph of article L. 931 - 26, the prefect puts the maritime cooperative society notice to regularise its situation and the period in which it will have to let him know the decisions taken by the General Assembly or by the meeting of shareholders.
If decisions taken by the company lead by themselves requested regularization, in is given act by the prefect.
If these decisions tend to achieve this regularization in a period approved by it, within the limit of the maximum period of two years provided for in article L. 931 - 26, registration of the co-operative on the list in article D. 931 - 1 is maintained on an interim basis by reasoned decision of the prefect.

In the contrary case or the absence of response, the withdrawal of the registration of the cooperative on the list is pronounced by reasoned decision of the prefect.
The provisional nature of the registration expires on the date to which the cooperative justifies the effective regularization of his situation. In the absence of such regularization within the agreed period, the withdrawal of registration is delivered by reasoned decision of the prefect.
The withdrawal of registration decisions cannot intervene only after the cooperative companies concerned were able to submit their comments on the objections held against them.
The prefect decisions referred to in this article shall be notified by cooperative societies interested by any means to establish certain date.


Article R931-4 in the cases provided for in the second paragraph of article L. 931 - 26, decisions on withdrawal of inscription on the list referred to in article D. 931 - 1 are imposed directly by the prefect, after cooperatives were able to present their observations on the complaints articulated in their regard, since the facts alleged to them hamper by their nature or by their severity, to the implementation of the procedure of regularization provided for in article R. 931 - 3.
These decisions, which are motivated, are notified in the forms mentioned in the last paragraph of this article.


Article R931-5 the prefect or his representative may attend, with consultative votes at general meetings or meetings of shareholders, boards of Directors sessions and advice of surveillance of the maritime cooperatives and their unions.
All useful notices sent for this purpose in the same forms and deadlines than those provided for shipments made to members said councils and assemblies.


Article R931-6 the provisions of this chapter and of article R. 931 - 2 are applicable to cooperative societies of maritime interest referred to in article L. 931-- 29 and the associations thereof mentioned in article L. 931 30.

Chapter II: Marketing, transshipment, landing and processing of products of the Sea Section 1: Conditions and terms of transhipment, landing and processing of products of the sea Article D932 - 1 for the purposes of this book, 'products of sea-fishing and marine aquaculture' means the marine animal and marine aquaculture fishery products, live, fresh, chilled frozen or deep-frozen.


Article R932-2 the landing and transhipment of products of sea-fishing and marine aquaculture of species subject to multi-annual plans in accordance with the scheme of the common policy of fishing or subject of restrictions on the landing and transhipment provided for by international regulations or European by professional vessels are performed in ports and roads designated by the Minister responsible for maritime fisheries and marine aquaculture on proposal of the authorities referred to in the second subparagraph. It also sets the places where operations landing and transhipment of products of sea-fishing and marine aquaculture by professional vessels are authorized flying the flag of a third State to the European Union.
Operations landing and transhipment of products of sea-fishing and marine aquaculture, from other species, by professional vessels flying the flag of a Member State of the European Union are carried out at the place designated by the authorities referred to in article R.* 911-3, on a proposal from the prefects of territorially competent departments and after receiving the opinion of the regional marine fisheries and aquaculture territorially competent commission.
In addition to the guarantees provided for by article L. 932 - 1, the authorities mentioned in the first and second subparagraphs may fix, for places they designate and for some species, landings and additional transfer arrangements including landing or trans-shipment schedules or the need for prior authorization beyond certain quantities and conditions.


Article R932-3 I. - when regulations Europeans required it or permitted, or where sea fishing is exercised within the framework of activities falling outside the scope of these regulations, or when the preservation of the species and the effectiveness of the controls required, the Minister in charge of maritime fisheries and marine aquaculture fixed by Decree the conditions and procedures for notifications and prior authorizations landing and transhipment of products of sea-fishing and aquaculture Marine by professional vessels.
II. - This order specifies in particular: 1 ° the dimensions of vessels subject to the notification and landing and prior authorization; notifications and pre-authorization transhipment as well as species and the minimum quantities concerned
2 ° the minimum time limit for the transmission of the prior notice of landing and transhipment prior notifications;
3 ° the form, content and procedures for transmission of the prior notice of landing and transhipment prior notifications;
4 ° the competent administrative authority to receive prior notification of landing and transhipment prior notifications and stay, where appropriate, to landing and transhipment as well as operations to allow.
III. - in addition, the landing or transhipment operation cannot begin if he is given orders to the captain of the ship to stay in the interests of the adequate performance of controls. The landing or transhipment may be suspended for a period longer than two hours, where prior notification complies with the required obligations.


Article R932-4 all products of sea-fishing and marine aquaculture are, at the latest before the first placing on the market, sorted, weighed, put in lots for sale and labelled in accordance with regulations (EC) no 2406/96 of 26 November 1996 Council (EC) No 850/98 of 30 March 1998 Council (EC) No 104/2000 of the Council of 17 December 1999 , (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, (EC) no 1967/2006 of 21 December 2006 and (EC) no 1224/2009 of the Council of 20 November 2009, particularly as regards the instruments used, traceability and marketing standards.


Article R932-5 no later than at the end of landing or transshipment, except as provided by international, European or national regulations the producer sorts or does sort its products of sea-fishing in order to comply with the technical measures for regulations (EC) No 850/98 of 30 March 1998 Council (EC) 1967/2006 of 21 December 2006 and (EC) no 1224/2009 of the Council of 20 November 2009. The producer is responsible for the accuracy of sorting operations except where these operations are carried out by les halles at tides recorded, such as defined in section D. 932 - 11, or by bodies or persons supporting products before the first placing on the market, which in then the responsibility.


Article R932-6 the producer is responsible for weighing of products of sea-fishing operations when these operations take place aboard his ship. Otherwise, the responsibility is with buyers who have fulfilled the condition of enrolment in one of the mentioned registers to the 1 ° of article D. 932 - 9, at les halles recorded tides or bodies or persons taking over the goods before the first placing on the market, who perform it. These operators are also responsible for the new weighing operation of products they make subsequent to those that took place on board a ship.


Article R932-7 the producer is responsible for the operations commercial lotting and labelling of products of sea-fishing and marine aquaculture, he realizes. When these operations are carried out by les halles at tides recorded or bodies or persons that supports products before the first placing on the market, the responsibility for these operations theirs. These operators are also responsible for the new operations commercial lotting and labelling of products they do later in operations carried out by the producer.

Section 2: First placing on the market within the halls at tide Article D932-8 I. - the first placing on the market of products of sea-fishing and marine aquaculture, with a view to their wholesale, can be done in places specially assigned for this purpose called "tide renterias.
II. - Les halles at tide: 1 ° include the contributions of products of sea-fishing and marine aquaculture, of which the first sale is not made in accordance with the b or c of article L. 932 - 5;

2 ° ensure the conditions to ensure the safety and traceability of the products, in accordance with the requirements of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002, as well as respect for the rules to catch with the common marketing standards laid down by the regulations (EC) no 2406/96 of 26 November 1996 and (EC) no 1224/2009 of the Council of 20 November 2009 including sorting and weighing, as well as the professional obligations resulting from decisions of the organisations of producers or their associations; in this case, agreements are passed between the managing body of the Hall at tide and producer organizations or their associations;
3rd organize the sales referred to in article L. 932 a - 5 and guarantee their sincerity and their advertising so that the interests of sellers and buyers should be safeguarded;
4 ° provide recording and transmission of information about products offered for sale in accordance with the requirements of regulations (EC) no 2065/2001 of 22 October 2001 Commission and (EC) no 1224/2009 of the Council of 20 November 2009;
5 ° record the declaration provided for in article D. 932 - 9 and maintain a list of buyers who have expressed thus, regularly updated, they advertise by posting or any other appropriate medium.
III. - The tide renterias located on the public domain is managed by the authority responsible for the management of the public domain or by any legal entity of public or private law designated for that purpose by that authority.


Article D932-9 I. - buyers who participate in the auction of public declare themselves with the managing body of the Hall at tide. These statements involve: 1 ° the justification for their inclusion to the register of commerce and companies or the Répertoire des Métiers in food or in a sector related to the processing of products of sea-fishing and marine aquaculture, or in a registry equivalent abroad;
2 ° number of VAT or tax identification number;
3 ° the posting of a bond-related information corresponding to the financial coverage necessary for the guarantee of purchases to which buyers are carrying out or intend to proceed.
II. - Any change in the particulars of the declaration should be brought to the attention of the managing body of the Hall at tide. Failing, or when declared elements are erroneous, the concerned buyer is removed from the list referred to in article D. 932 ° 5 - 8 by the managing body of the Hall at tide.


Article D932-10 operating rules referred to in article D. 932 - 11 provides, subject to retain the character of purchase wholesale, simplified modalities of declaration responding to the only condition of registration in the register of commerce and companies for producers and producer organisations recognised in order to allow the resumption of their own production.


Article D932-11 les halles at tide operating conditions are laid down by an operating rules established in accordance with article D. 932 - 12.
Regulation of operating a Hall at tide, said "local operating rules" is arrested by the prefect on a proposal from the managing body of the Hall at tide. When it is common to several halls at tide, operating rules, said 'regulation of operation inter-halles to tide', is arrested by the competent prefects, on the joint proposal of the entities responsible for the concerned tide renterias. For duly justified reasons, the order may establish operating rules specific to one of the halls at tide. These specific rules may not be contrary to the General rules of operation fixed by regulation of operation inter-halles to tide.
The publication of the prefectoral Decree laying down the conditions of operation of an indoor tide and settlement of operations worth recording of the halle tide within the meaning of articles 59 to 63 of Regulation (EC) no 1224/2009 of the Council of 20 November 2009.


Article D932-12 I. - to ensure the implementation of European and national regulations relating to food security and the common policy for fisheries and in compliance with the requirements that they enact, fixed operating rules: 1 ° rules support products by the tide halle;
2 ° operations of sorting, weighing and commercial lotting, rules of use of the material made available by the halle at tide and the traceability of the products device by Regulation (EC) no 1224/2009 of the Council of 20 November 2009 referred to above;
3 ° the terms of declaration of the buyers who attend the sale by public auction, in accordance with article D. 932 - 9, and the terms under which held the list of buyers reported;
4 ° the Organization and conduct of the first marketing of the products presented at public auction;
5 ° implementing the Community intervention mechanisms laid down by Regulation (EC) No 104/2000 of the Council of 17 December 1999 referred to above;
6 ° the conditions for payment of the products of the sale by public auction, the obligations and responsibilities of the managing body the tide halle and buyers. When speakers buyers associations, conventions should be passed with the managing body of the tide halle;
7 ° the conditions of removal and support of products after the sale.
8 ° the registration of information relating to the products supported by the halle tide and the products offered for sale on flows and transactions and their transmission to the competent authorities, to producer organisations defined in article L. 912 - 11 and economic stakeholders;
9 ° the obligations and responsibilities of the managing body of the Hall at tide, producers, their organizations and their associations, buyers and their associations, agents who act on behalf of sellers and buyers, at each stage of the first marketing of the products presented at auction from their arrival to their removal;
10 ° the penalties imposed in case of breach of consumers to the rules governing the tide halle;
11 ° common provisions concerning the attainment of an annual report on the operation of the Hall at tide, with proposal, where appropriate, for corrective action. This report is presented to the Advisory Board provided for in article D. 932 - 15.
II. - The rules of procedure, including the description of the functioning of the Hall at tide, the terms of use of the common elements and the hygiene rules to be respected by users, buyers, sellers and staff is annexed to operating rules.
III. Detailed rules for the application of this article are specified by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article D932-13 operating rules may also specify: 1 ° the simplified procedures for declaration of buyers attending the auction public, mentioned in article D. 932 - 10;
2 ° the conditions of sales other than at public auction (sales of OTC, with or without the intermediary of tide Hall);
3 ° the allocation of specific places for the sale of gre gre without the intermediary of les halles to tide;
4 ° registration details from the halles to tide, buyers having fulfilled the condition for registration to one registers referred to in 1 ° of article D. 932 - 9, in respect of sales other than at public auction;
5 ° the obligations and responsibilities of producers, buyers and their respective associations as well as the managing body of the Hall at tide for sales other than at public auction;
6 ° the conditions of payment, removal and support for products derived from sales other than at public auction;
7 ° of contracts types intended to fulfil the obligations laid down by the b of article L. 932 - 5 and established in agreement with producers, buyers and their respective organizations;
8 ° the organisation of estimates of the contributions of fishing.
Detailed rules for the application of this article are specified by order of the Minister in charge of maritime fisheries and marine aquaculture.


Article D932-14 the managing body of the Hall at tide may pronounce sanctions against users of the Hall at tide.
These sanctions are laid down in rules depending on the severity and the nature of the deficiencies and can be monetary.
Interested parties are notified in advance of the case against them, the provisions that they have broken and the penalties they incur. The managing body of the Hall at tide makes them know the time they have to assert their written comments, and where appropriate, the terms and conditions, if they so request, whereby they may be heard. It informs them of their right to be assisted by counsel of their choice.
The challenge of the sanction cannot be brought before the competent court only after an attempt to settle with the managing body of the Hall at tide in the month following notification.
Within the same period, the user can enter the Advisory Board of exploitation for the purpose of conciliation of the dispute.


Article D932-15

For the study of matters directly related to the operation of one or several halls at tide, the managing body of the Hall at tide is attended by local operating Advisory Board or a Council Advisory inter-halles tide of exploitation.
The Advisory Council meets at least once a year. It has to be consulted during the development and modification of operating rules. The Advisory Board may be consulted on all matters relating to the functioning and operation of the halles tide, with the exception of those relating to the declaration of the buyers mentioned in article D. 932 - 9.
It may be seized for the purposes of conciliation, disputes between users and services from the halles to tide. It can take a matter of jurisdiction on proposal of the president or one third of its members and contact managers opinion or suggestions that it would appear appropriate to formulate.
Operating rules provides for the mode of functioning of the Advisory Council.


Article D932-16 operations local Advisory Council members are appointed for three years by the authority responsible for the management port public domain or in the public domain. They have voting rights. Alternates may be designated under the same conditions as the holders.
This Council consists of: 1 ° a representative of the authority responsible for the management of the public domain;
2 ° one to three members not belonging to the professions of fishing, appointed on a proposal from the managing body of the tide halle;
3 ° a representative of the municipality of implantation of the tide halle;
4 ° the representatives of sellers, named after the opinion of the warden, on proposal of recognised producer organisations competent for the area where is located the Hall at tide or, in their absence, by the regional Committee of maritime fisheries and marine farms;
5 ° the representatives of buyers, named after the opinion of the warden, on a proposal from the professional organizations or the absence of interested professionals.
The total number of representatives of the buyers must be equal to that of the representatives of the sellers. Buyers and sellers must be majority within the Council.


Article D932-17 the Board members Advisory inter-halles to tide of exploitation are appointed for three years by joint decision of the authorities responsible for the management of the port public areas or in the public domain. They have voting rights. Alternates may be designated.
This Council consists of: 1 ° a representative of each authority responsible for the management of the port public domain or in the public domain;
2 ° one to three members not belonging to the professions of fishing, appointed on proposals from each organization, Manager of les halles to tide;
3 ° a representative of each municipality of implantation of the renterias tide;
4 ° the representatives of sellers, named after the opinion of the prefects, on proposal of competent recognised producer organisations for the area where des halles tide or, in their absence, by the regional Committee for maritime fisheries;
5 ° the representatives of buyers, named after the opinion of the prefects, on proposal of the interested professional organisations or the absence of interested professionals.
The total number of representatives of the buyers must be equal to that of the representatives of the sellers. Buyers and sellers must be majority within the Council.


Article D932-18 operations Advisory Council elects among its members a Chairman and two Vice-Chairmen. The president is chosen among the representatives of sellers or buyers. One of the two vice-presidents belongs in a different category from that of the president. For Council Advisory inter-halles to tide of exploitation, one of the vice-presidents shall be the representative of a Hall at different tide that represented by the president.
In addition, are members of the Advisory operations, non-voting: 1 ° the representatives of the direction of the port authority or, where appropriate, the management of facilities located on the public domain;
2 ° the departmental directors of the territories and the sea and overseas, the directors of the services of the State responsible for the sea, or their representatives;
3 ° the departmental directors of the State services responsible for the protection of populations, or their representatives;
4 ° the directors of les halles to tide.
The Board may appoint an office, chaired by the president of the Council. He assisted by delegation the managing body in the current tide Hall operating. The members of the Council are also members of the bureau.

Section 3: Other terms and conditions Article D932 marketing - 19 constitutes a sale by mutual agreement within the meaning of article L. 932 b - 5, the sale by a producer of all or part of the production of its ships to a buyer registered in the register of trade and companies or the Répertoire des Métiers, in food or in a sector related to the processing of products of sea-fishing and marine aquaculture , or in an equivalent register abroad.
Concerned by the sale of OTC products sea fishing and aquaculture products landed in France by french vessels registered in the European Union.
The terms of this contract relating to the characteristics of the product, characteristics mentioned in article l.631 I - 24, are, where applicable, the name of the species, quality, size or weight and presentation as defined by the legislation of the European Union relating to the common marketing standards.
The minimum duration of the contract extends over two landings, spaced at least six hours.
If the market situation so requires and, where appropriate, on the proposal of a competent professional organization, the Minister in charge of maritime fisheries and aquaculture marine may amend by order the minimum duration of the contract for one or more products or categories of products or uses of product. These provisions shall not apply to ongoing contracts.


Article D932-20 are only qualified retail within the meaning of article L. 932 c - 5, sales by a producer for the purposes of private products consumption not exceeding thirty kilograms live weight by buyer and per day.
Pursuant to article 58, paragraph 8, of Regulation (EC) no 1224/2009 of the Council of 20 November 2009 establishing a community control system to ensure compliance with the rules of the common fisheries policy purchases whose value does not exceed a euro are free of the traceability requirements laid down in this article.

Section 4: National fund bond purchases of the products of the sea Article D932-21 the national fund of guarantee of purchases of products from the sea, referred to in article L. 932 - 6, is designed to fill partially the bond to which are subject buyers in halle at tide to ensure purchases they make, or are planning to undertake, in application of article D. 932-9. This Fund has financial autonomy.


Article D932-22. the national fund of guarantee of purchases of the products of the sea can benefit from endowments FranceAgriMer, of the European Union and communities territorial conditions, for the latter, mentioned in article L. 932 - 6.
The benefit of contributions from local authorities is reserved for operators in the ports on their territory.
Its resources include premiums paid by the beneficiaries of its actions so that the interest received in respect of the remuneration of the sums constituting the Fund.


Article D932-23 the national surety of the seafood purchases Fund brings together two guarantee schemes separate, one in favour of very small businesses and small and medium-sized enterprises (TPE - SME), the other destined for larger companies, in the conditions laid down by Regulation (EC) No 800/2008 of the Commission of 6 August 2008 declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty (regulation General block exemption regulation).


Article D932-24 the guarantee of the national fund for bond purchases of the products of the sea cannot be more or the amount of voluntary bonds filed by beneficiaries of the guarantee the companies mutual guarantee or 6% of the amount of the net purchases made by buyers corporate society of mutual guarantee during the year preceding the request for establishment of the warranty or its reassessment.
As remuneration for the guarantee granted, beneficiaries pay to fund a premium warranty annual, in line with the cost of the market and sufficient to ensure the self-sustainability of the two regimes they depend.
Other features of the guarantee, including the maximum amount per category, the ceiling for coverage of claims, the duration and the conditions for the granting, the method of calculation of the premiums paid by beneficiaries and the risks covered, are laid down by order of Ministers responsible for maritime fisheries and marine aquaculture and budget.
Are excluded from the guarantee of the Fund firms in difficulty within the meaning of the guidelines of the European Commission regarding State aid for rescuing and restructuring firms in difficulty (2004/C 244 / 02).


Article D932-25

The total amount of the commitments of the Fund cannot exceed the sum of its holdings increased by any interest and commissions generated.


Article D932-26 tightens the conditions for the granting of the guarantee of the national fund for bond purchases of the products of the sea are laid down by an act of deposit which States including the amount, duration, scope, modalities of implementation and in particular other security interests which must be taken, as well as their rank.
Guarantee of the funds cannot be called more than early in the third, after implementation of the repository of voluntary savings and mandatory bail provided for by article D. 932-9.
The Executive Committee may provide conditions of implementation of the guarantee of the funds which are more favourable.


Article D932-27 Management Committee of the national fund of guarantee of purchases of the products of the Sea includes: 1 ° the Director of FranceAgriMer or his representative, who presides over.
2 ° a representative of the Minister in charge of the budget;
3 ° a representative of the Minister in charge of maritime fisheries and aquaculture marine;
4 ° a representative of each territorial community participating in staffing, for decisions that affect operators registered in ports situated on its territory.
The Committee shall decide by unanimity.


Article D932-28 Executive Committee has the widest powers of appreciation for the engagement of the deposit made by the national fund of guarantee of purchases of the products of the sea.
For each operation, it lays down the conditions it deems useful to require of applicants as well as the specific features of the commitments made by the Fund. It stipulates the modalities of implementation of the warranty, the duration and the possible conditions of renewal, guarantee premium subisidies.
For each engagement, there the power to choose the credit institution in which the deposit of bail is made and fix agreed with that credit institution a possible remuneration of the deposit.
He receives communication from the rules of procedure of the organization managing financial transactions in halls at tide and may request the transmission of any documents necessary for the assessment of the commitment of the funds.


Article D932-29 execution decisions and technical management of the national fund of guarantee of purchases of the products of the sea are provided by FranceAgriMer Director, who reports to the Executive Committee.
He signed the acts involving the Fund, it takes or makes any warranty on behalf of the Fund and represents it in all judicial or contentious proceedings initiated operations.
After the opinion of the Management Committee, it sets the framework of operations likely to benefit from the support of the Fund and the amount of the allocations made in partial deposit for each operation.
It ensures compliance with the conditions of the various sources of the Fund as defined in article D. 932-22.


Article D932-30 Steering Committee of the national fund of guarantee of purchases of the products of the sea meets at least once per year to stop on the fiscal balance.
The meeting is right if it is requested by a member. Save in exceptional circumstances, it stands within fifteen days of the receipt of the request to the secretariat of the Committee.
The secretariat of the Committee is provided by FranceAgriMer director-general or his representative.


Article D932-31 the availabilities of the national fund of guarantee of the seafood purchases are paid into an account opened on behalf of the accounting officer of FranceAgriMer in the books of a bank.
Remuneration of amounts so deposited shall be agreed between the chosen Bank and FranceAgriMer accounting officer.

Title IV: Controls and SANCTIONS chapter I:: administrative police checks Article R941-1 administrative police checks provided for in articles L. 941 - 1 and L. 941 - 2 are exercised by designated below: 1 ° the directors and officers of the corps technical and administrative of Maritime Affairs;
2 ° commanders, commanders second or officers the Navy vessels and military aircraft commanders assigned to maritime surveillance as well as petty officers designated jointly by the Minister in charge of maritime fishing and marine aquaculture and the Minister of defence;
3 ° officials assigned in the services carrying missions of control in the field of Maritime Affairs under the authority or the provision of the Minister in charge of the sea;
4 ° the Customs officers;
5 ° the agents mentioned in the I of article L. 231 - 2;
6 ° the officials of competition, consumption and repression of fraud.
7 ° the members of the national gendarmerie;
8 ° the jurors guards and the Labour Court fishermen;
9 ° the agents of the Directorate of maritime fisheries and aquaculture and national fisheries monitoring Centre, designated by the Minister in charge of marine aquaculture and marine fisheries.


Article R941 - 2 are also responsible of administrative police controls provided for in articles L. 941 - 1 and L. 941 - 2 within the limits of the tasks assigned to the institution to which they belong: 1 ° the officials of the national agency of water and aquatic environments.
2 ° the national hunting and Wildlife Agency officers;
3 ° national parks officers, in the maritime area of these parks and natural reserves entrusted management to organizations responsible for these parks;
4 ° agents of natural reserves, in the maritime area of these reserves and, where appropriate, protection perimeters established around these reserves;
5 ° the officials of marine parks within these parks.
6 ° the agents of the national establishment of agriculture and sea products, designated by the Minister in charge of marine aquaculture and marine fisheries.


Article R941 - 3 are also responsible of administrative police controls provided for in articles L. 941 - 1 and L. 941 - 2 observers in charge of the monitoring in application of articles 42 and 73 of Regulation (EC) No. 1224 / 2009 of the Council of 20 November 2009 establishing a community control system to ensure compliance with the rules of the common fisheries policy.


Article R941-4 I. - are entitled to carry out control operations provided for in articles L. 941 - 3 at L. 941 - 8: 1 ° the agents referred to in 1 ° to 9 ° of article R. 941 - 1;
2 ° the agents mentioned in 6 of article R. 941 - 2;
3 ° the agents mentioned in article R. 941 - 3;
4 ° the agents mentioned in article R. 958 - 10.
II. - Are empowered to carry out the monitoring operations provided for in articles L 941-3 and L. 941 - 4, in the first paragraph of article L. 941 - 5 and article L. 941 - 7: 1 ° the agents mentioned in 9 ° of article R. 941 - 1;
2 ° the agents mentioned in the 1 ° to 5 ° of article R. 941 - 2.

Chapter II: Research and findings of offences Section 1: officers responsible of research and of the finding of infringements Article R942-1 the list of names of petty officers mentioned in the 2 ° of article L. 942 I - 1 of the rural code and maritime fishing stopped jointly by the Minister in charge of maritime fisheries and marine aquaculture and the Minister of defence.

Section 2: Operations Research and recognition of offences Article R942-2 when they carry out the apprehension under article L. 942 - 8, the officers and agents who have quality to apprehend shall notify the offender or his servant the established minutes and send the copy to the territorially competent authority to operate the entry referred to in article L. 943 - 2.
In case of seizure, the competent authority shall draw up minutes, notify the offender or his servant and transmits it to the Prosecutor of the Republic accompanied by the minutes of apprehension. When applicable, it shall inform the principal of this measure.
If it decides not to operate the seizure, the competent authority renders things apprehended, draws up minutes and shall inform the Prosecutor of the Republic.

Section 3: Oaths and probative value of minutes Article R942-3 civil officers of the State mentioned in article L. 942 - 1, which are not sworn to the exercise of another mission of judicial police, shall before the High Court of their administrative residence the following oath: "I swear and promise of good and faithfully perform my duties and to observe in all the duties which they impose me. '' I also swear nothing reveal or use of which will be to my knowledge in the exercise of my duties. "Swearing is not renewed in case of change of grade of employment or administrative residence.


Article R942-4 the apprehension and seizure reports contain all information that would justify the existence of the infringement and the regularity of the apprehension and seizure.
The apprehension record particulars of the date and the time of the notification of this measure.
The minutes of seizure refers, where applicable, the designated entry custodian, has an estimate of the value of the things seized when they are marketable and a statement of the costs resulting from the various operations required by the procedure. He also mentions the destination given to things seized and operations required to this end.

Chapter III: Measures conservatories Article R943-1

Upon notification of the minutes of seizure of the ship or boat, the authority having delivered informed seizure the offender or his servant, and when applicable the principal, from the address of the competent judge of freedoms and detention to the release by the posting of a bond.


Article R943-2 the competent authority to operate the entry referred to in article L. 943 - 2 may designate a guardian of seizure for the duration necessary for the conduct of the proceedings and until things seized have been destination. Notification of this designation is made to the custodian. The designated custodian may be the offender, his servant or his principal, the boss or owner of the ship or boat, the consignee or the shipowner; It can be also, as appropriate, the manufacturer, the warehousekeeper, holder, Manager of the halle, the wholesaler, industry, or any other person selected by the authority competent to operate the seizure.


Article R943-3 in the cases where it has designated a guardian of seizure, the authority that issued the seizure actually mention in the request it sends to the judge of freedoms and detention for the purpose of confirmation of the seizure.


Article R943-4 the authority which gave fixed entering the place to which service she runs highlights deposit nets, gear, instruments of fishing prohibited at all times and in all places as well as nets, gear, equipment, equipment used in diving and underwater fishing, as well as all instruments used to fish on the offence. This deposit can be done from another administrative service or, failing that, for consideration at the expense of the offender, from a private company. In this case, a convention specifies the technical and financial arrangements for the deposit, security conditions and resulting liability limits.
Except in the case of nets, gear, instruments prohibited at all times and in all places the that are filed until the judicial decision ordering their destruction is made, the authority that issued seizure may decide not to deposit as such apparatus, mobile equipment or machine parts for which she considers this necessary measure. Then, it must constitute the remainder a keeper of the seizure under the conditions laid down in article R. 943 - 2.
The explosives or toxic apprehended or seized are given to any specialty service the competent State to detain them, and destroy them if necessary. The destruction is ordered by the Court. In the event of imminent danger, is carried out there to the diligence of the authority referred to in article L. 943 - 2.


Article R943-5 when only part of the fisheries products is likely to capture, sorting is placed under the control of the authority referred to in article L. 943 - 2 and realized at the expense of the infringer. In case of refusal to perform this sort or when it is not practicable due to the simultaneous presence in the same lots of illicit products and authorised products fishing, seizure is carried out on all the lots.


Article R943-6 the authority that issued the seizure decided the destination of the products of fisheries, and particularly for their sale when it is possible. It also sets out the terms of the sale.
In the case where the seized fisheries products are alive and especially where they do not reach the size imposed by legislation for their placing on the market, the authority that issued the seizure may decide their re-immersion, either in open water or a cantonment either in appropriate facilities of an industrial establishment, payment at the expense of the infringer.
Amounts resulting from the sale or delivery as expensive products of fisheries carried out under the supervision of the authority that issued the seizure as well as seized pursuant to article L. 943 - 8 are filed by the authority that issued the seizure from a State public accountant.


Article R943-7 when it is ordered in accordance with the first paragraph of article L. 943 - 7, the destruction of nets, gear and instruments of fishing prohibited at all times and in all places is ensured by the authority referred to in article L. 943 - 2 or by any other service or person designated for this purpose by that authority.


Article R943-8 the sale of nets, gear, materials, equipment and instruments used in diving and underwater fishing, when it is ordered in accordance with the second paragraph of article L. 943 - 7, is ensured by the authority having operated the seizure, at public auction and in the presence of the public accountant of the State, which in cash price. Resulting amounts, net of expenses, are acquired treasure.
The delivery of nets, gear, hardware, equipment and instruments to professional maritime training institutions, when it is ordered in accordance with the second paragraph of article L. 943 - 7, is ensured by the authority having operated the seizure.
Amounts resulting from the sale or delivery as expensive products of fisheries carried out under the control of the authority having operated the seizure, or the amounts derived from the sale by the offender whose confiscation is ordered in accordance with the second paragraph of article L. 943 - 7 are acquired treasure.


Article R943 - 9 in case of acquittal or to prosecute, nets, gear, equipment, instruments and equipment, as well as them are seized in application of articles L. 943 - 8 and R. 943 - 6, or the corresponding payment titles, returned to the interested parties. Unpaid charges remain in this case at the expense of the State.

Chapter IV: Lawsuits (nil.)

Chapter V: Penal Sanctions Article R945-1 the fact, for a non-member producer of an organization of producers disregarded the rules resulting from an extension order and taken in accordance with the provisions of article R. 912 - 151 is punishable by the fine provided for the contravention of the fifth class.


Article R945 - 2 shall be punished by the fine for contraventions of the fifth class does: 1 ° carry out the goémons grubbing;
2 ° collect goémons pushing at sea from a free ship for a fishing crew role;
3 ° exceed the quantity limitations laid down pursuant to articles R. 922 - 37, R. 922 - 40 and r 922 - 44.


Article R945 - 3 shall be punished by the fine for contraventions of the fifth class: 1 ° the fact of professional maritime walk fishing without a valid fishing permit;
2 ° the fact do not meet the reporting obligations laid down in article R. 921 - 74;
3 ° the fact of market or transport shellfish or crustaceans in contravention of the provisions of the same article.


Article R945 - 4 is punished by the penalty of fine for contraventions of the fifth class does, for a person fishing marine leisure, contravene, in the exercise of this fishery, the provisions of articles R. 921 - 90, R. 921 - 91 and R. 921 - 92.


Article R945-5 persons convicted of offences punishable by articles R. 945 - 1 to R. 945 - 4 incur, in addition to the fine specified in these articles: 1 ° for natural persons, the suspension for three years at the most, of driving licences, forfeiture of the thing that has been used or was intended to commit the offence or the thing that is the product the confiscation of the animal that has been used to commit the offence or against which the offence was committed, under the 1 °, 5 ° and 10 ° of article 131-16 of the penal code;
2 ° for legal persons, the penalties mentioned in 5 ° and 10 ° of this article.
Re-offending in fines laid down in articles R. 945 - 1 to R. 945 - 4 of this code is punishable in accordance with articles 132-11 and 132-15 of the penal code.

Chapter VI: Sanctions Administrative Section 1: administrative Sanctions resulting from national rules Article R946-1 the sanctions laid down in articles L. 946 - 1 and following are pronounced by the administrative authorities referred to in article R.* 911-3.


Article R946-2 administrative fines shall be recovered in the manner prescribed for the claims of the State under the conditions laid down by Decree No. 2012 - 1246 7 November 2012 relating to budgetary and accounting management public.


Article R946-3 the captain of a vocational fishing vessel conducting fishing operations must be able to justify all of the permissions required when any control carried out at sea or on landing.
However, for European fishing licence and fishing authorisations which list is set by order of the Minister responsible for fisheries maritime and marine aquaculture, the inclusion of the vessel on the lists of authorised vessels worth justification and the retention of documents on board is not required.
In case of breach of these provisions, without prejudice to the criminal penalties, the suspension of any permit issued pursuant to this book can be ordered under the conditions defined in the 2 ° of article L. 946 - 1 and article L. 946 - 5.

Section 2: Point system for serious offences Article R946-4

This section defines "serious offences", within the meaning of article 42 of Regulation (EC) No 1005/2008 of the Council of 29 September 2008 establishing a Community system to prevent, deter and eliminate IUU fishing, unreported and unregulated as well as paragraph 1 of article 90 of Regulation (EC) no 1224/2009 of the Council of 20 November 2009 establishing a community control system to ensure compliance with the rules of the common policy the fishing.
These offences give rise to the award of penalty points to the holder of a fishing licence and the master of a fishing vessel under article 92 of Regulation (EC) no 1224/2009 supra and the arrangements for its application.
The number of penalty points is a function of the categories of offences listed in annex XXX of the implementing Regulation (EU) No. 404/2011 by the Commission on April 8, 2011, laying down detailed rules for the application of Regulation (EC) no 1224/2009 of the Council of 20 November 2009 establishing a community control system to ensure compliance with the rules of the common fisheries policy.
These provisions are applicable to french nationals, regardless of the flag of ships which provide command, as well as to fishing vessels flying the french flag registered in the European Union.
The provisions of article 92 of the Regulation (EC) no 1224/2009 of the Council of 20 November 2009 those adopted for its implementation as well as those of this section are applicable to fishing vessels flying french flag not registered in the European Union in accordance with article L. 913-1.


Article R946-5 I. - constitute a "serious offence" in the No. 1 category referred to in the third subparagraph of article R. 946 - 4 and give rise to the award of three penalty points when they are committed in one or more of the conditions defined in the II: 1 ° the breaches to declaration obligations concerning the vessel, travelling, fishing operations, catches and products resulting therefrom fishing effort, storage, processing, transfer, transfer or the landing of catches and products fishing and marine aquaculture;
2 ° the breaches of obligations relating to registration and to the communication of data required under the system of monitoring of fishing vessels by satellite or other means tracking as well as the system of declarations by electronic means.
II. - The conditions mentioned in the I are as follows: 1 ° in an action fishing, transhipment or landing on a species regulated or prohibited for quantities greater than 100 kg or 20% of the total quantities referred to in the fishing log, the fishing form, the transhipment declaration or the landing declaration;
2 ° in an action of fishing in a prohibited area, or a prohibited depth or a prohibited period;
3 ° during a fishing operation outside the waters under the sovereignty or jurisdiction French or European Union waters;
4 ° concurrently to a registration error greater than 20% by weight or number of quantities of regulated species in the fishing log, the fishing card, the transhipment, the declaration of transfer or the landing declaration declaration;
5 ° these shortcomings are recognized on three occasions within a period of three consecutive months;
6 ° the sale value of the catches in offence is greater than €10,000 or represents at least 20% of the value of the total catches of the maritime expedition during which breaches have been committed.


Article R946-6 I. - constitute a "serious offence" in the No. 2 category referred to in the third subparagraph of article R. 946 - 4 and give rise to the award of four penalty points: 1 ° the detention on board, or use for fishing of explosives, firearms, narcotic or toxic substances likely to destroy or alter animals marine plants and their environment;
2 ° fishing with gear or use, for fishing purposes, of any instrument, device, average detection or Compendium of embedded or external to the ship, whose use is forbidden or the practice of any prohibited fishing mode.
II. - Also constitute a 'serious offence' entering category no. 2 when they are committed in one or more of the circumstances defined in the III: 1 ° detention on board any equipment, device, instrument or device prohibited, or in disregard of the rules relating to his detention;
2 ° the use of a number of machines or appliances for fishing higher than authorized;
3 ° fishing with gear or use for purposes of fishing of any instrument or device in a zone or a period where its use is prohibited;
4 ° the detention on board a vehicle or its use in a manner not complying with the provisions laying down technical measures for conservation and management resources.
III. The circumstances mentioned in II are as follows: 1 ° outside waters under the sovereignty or French jurisdiction or the waters of the European Union;
2 ° using a vehicle or a device for fishing with a mesh size is less than 2 mm to the regulatory mesh;
3 ° using a gear or fishing devices; greater number of at least 10% number of gear or fishing devices authorized
4 ° the length of the gear or the fishing equipment used is at least 10% higher than the maximum allowed length.
(5) using a device severely altering the selectivity of the fishing gear.


Article R946 - 7 constitute a "serious offence" in the No. 3 category referred to in the third subparagraph of article R. 946 - 4 and give rise to the award of five penalty points the falsification or concealment of the markings, identity or registration of a vessel.


Article R946 - 8 constitute a "serious offence" in the No. 4 category referred to in the third subparagraph of article R. 946 - 4 and give rise to the award of five penalty points the concealment, alteration or to remove evidence Interestingly an investigation.


Article R946-9 I. - constitute a 'serious offence' in category no. 5 referred to in the third subparagraph of article R. 946 - 4 and give rise to the award of five penalty points when they are committed in one or more of the conditions defined in the II: 1 ° fishing, the detention on board, transshipment, transfer, landing, transport, exhibition, sale storage of products of fishing and aquaculture Marine who are not size, calibre or weight required;
2 ° breach of the obligations or prohibitions stowage, sorting, weighing, rejection, marking, mutilation, preparing and processing the catch.
II. - The conditions mentioned in the I are as follows: 1 ° in an action of fishing, transhipment or landing on a species regulated or prohibited for quantities greater than 100 kg or 20% of catches;
2 ° during a fishing operation outside the waters under the sovereignty or jurisdiction French or European Union waters;
3 ° concurrently to a registration error greater than 20% by weight or number of quantities of regulated species in the fishing log, the fishing card, the transhipment, the declaration of transfer or the landing declaration declaration;
4 ° the sale value of the catches in offence is greater than €10,000 or represents at least 20% of the value of the total catches of the maritime expedition during which the offence has been committed.


Article R946-10 constitutes a "serious offence" in category no. 6 referred to in the third subparagraph of article R. 946 - 4 and gives rise to the award of five penalty points exercising fishing activities in the area covered by a regional fisheries management in a manner inconsistent with the measures of conservation and management of this organization or in violation of these measures when these acts are committed in one or more of the conditions following: 1 ° in an action of fishing, transhipment or landing on a species regulated or prohibited for quantities greater than 100 kg or 20% of catches;
2 ° in an action of fishing in a prohibited area, or a prohibited depth or a prohibited period;
3 ° concurrently to a registration error greater than 20% by weight or number of quantities of regulated species in the fishing log, the fishing card, the transhipment, the declaration of transfer or the landing declaration declaration;
4 ° using a vehicle or a device for fishing with a mesh size is less than 2 mm to the regulatory mesh;
5 ° using a gear or fishing devices; greater number of at least 10% number of gear or fishing devices authorized
6 the length of the gear or the fishing equipment used is at least 10% higher than the maximum allowed length.
7 ° using a device severely altering the selectivity of the fishing gear;
8 ° the sale value of the catches in offence is greater than €10,000 or represents at least 20% of the value of the total catches of the maritime expedition during which the offence has been committed.


Article R946-11

Constitutes a "serious offence" in category no. 7 mentioned in the third subparagraph of article R. 946 - 4 and gives rise to the allocation of seven penalty points fishing without fishing authorization issued pursuant to the regulation when it is committed in one or more of the following circumstances: 1 ° in an action fishing, transhipment or landing on a species regulated or prohibited for quantities greater than 100 kg or 20% of catches;
2 ° in a prohibited area, or a prohibited depth or a period prohibited;
3 ° outside waters under the sovereignty or jurisdiction French or European Union waters;
4 ° when the sale value of the catches in offence exceeds €10,000 or represents at least 20% of the value of the total catches of the maritime expedition during which the offence has been committed.


Article R946-12 I. - constitute a 'serious offence' within category no 8 referred to in the third subparagraph of article R. 946 - 4 and give rise to the award of six penalty points when they are committed in one or more of the circumstances defined in the II: 1 ° fishing in an area or at a depth prohibited;
2 ° fishing for certain species in a zone at a depth or period where their fish is prohibited;
3 ° the detention on board, transshipment transfer, conducted fishery products landed in the conditions of 1 ° or 2 °.
II. - The circumstances defined in the I are as follows: 1 ° in an action of fishing, transhipment or landing on a species regulated or prohibited for quantities greater than 100 kg or 20% of catches;
2 ° the action of fishing is carried out outside the waters under the sovereignty or jurisdiction French or European Union waters;
3 ° when the sale value of the catches in offence exceeds €10,000 or represents at least 20% of the value of the total catches of the maritime expedition during which the offence has been committed.


Section R946-13 I. - constitute a 'serious offence' in category no. 9 mentioned in the third subparagraph of article R. 946 - 4 and give rise to the allocation of seven penalty points when they are committed in one or more of the circumstances defined in the II.
1 ° directed fishing on a stock being a moratorium or which fishing is prohibited;
2 ° the detention on board, the transhipment, the transfer, the landing of fishery products carried out in the conditions of 1 °.
II. - The circumstances mentioned in the I are as follows: 1 ° when it is a species regulated or banned, for quantities greater than 100 kg or 20% of catches;
2 ° when the fishing action is carried out outside the waters under the sovereignty or French jurisdiction or the waters of the European Union;
3 ° when the sale value of the catches in offence exceeds €10,000 or represents at least 20% of the value of the total catches of the maritime expedition during which the offence has been committed.


Article R946-14 constitute a 'serious offence' in category no. 10 referred to in the third subparagraph of article R. 946 - 4 and give rise to the allocation of seven penalty points: 1 ° the destruction, diversion or attempting to destroy or divert the nets, gear, equipment, facilities, vehicles, ships, floating or fishing apprehended or seized and handed over to the custody of the offender;
2 ° the fact of hindering the apprehension or the seizure of nets, gear, equipment, facilities, vehicles, instruments, ships, floating structures used for fisheries in contravention of the rules provided for by the provisions of this book, by the regulations of the Union European taken in respect of the common policy on fisheries, by the texts adopted for their application by the international commitments of France as well as the deliberations made mandatory pursuant to articles L. 912 - 10 and L. 921-2-1 and the second subparagraph of article L. 921-2-2 as well as products of these sins or money from their sale;
3 ° the fact to evade or attempt to evade, at sea, at the controls by refusing to comply with demands to stop made in application of articles L. 941 - 4 and L. 942 - 5;
4 ° the fact refuse or obstruct controls and visits aboard ships or floating structures as well as inside the facilities, premises and vehicles for professional use, carried out by officers of the police's marine fisheries in application of article L. 941 - 1 or by the agents referred to in article L. 942-1;
5 ° the fact to conceal or attempt to conceal from the sight of the officers and officers police fisheries catches or gear and documents held on board.


Article R946-15 constitutes a "serious offence" in the category no. 11 referred to in the third subparagraph of article R. 946 - 4 and gives rise to the allocation of seven penalty points the fact: 1 ° to accept an undertaking on board a vessel falling within one of the cases listed in a, b or c of the article L II. 945-2;
2 ° to participate in joint operations of fishing with such a vessel;
3 ° to help or to refuel such a ship;
4 ° to tranship products fishing with such a vessel.


Article R946-16 constitutes a "serious offence" in category no. 12 mentioned in the third paragraph of article R. 946 - 4 and gives rise to the allocation of seven penalty points a vessel's fishing with no nationality and is therefore a stateless vessel within the meaning of international law.


Article R946-17 the holder of the fishing licence or fishing vessel captain having been subject to an allocation of points and for listing on the national register of infringements of maritime fishing is informed of the number of points awarded and the total number of points awarded and not yet the subject of a deletion.


Article R946-18 when two "serious offences" or more committed by the same master are detected during an inspection, the points on each serious infringement concerned are attributed to him up to a maximum of twelve points.
The titles of command, as long as they allow the command of a fishing vessel, are suspended for a minimum of: 1 ° a month when the total number of points reaches or exceeds 18 points;
2 ° two months when the total number of points reaches or exceeds 36 points;
3 ° four months when the total number of points reaches or exceeds fifty-four points;
4 ° eight months when the total number of points reaches or exceeds sixty-three points;
5 ° 12 months where the total number of points reaches or exceeds seventy-two points.
The suspension does not delete the points which are at the origin. New items assigned the captain are added to the existing points.


Article R946-19 90 points by Captain accumulation causes the final withdrawal of or titles of command, in so far as they allow the command of a fishing vessel.
The final withdrawal of any securities in so far as they allow the command of a fishing vessel does not call into question the right of its holder to resume a course of qualification for command of a fishing vessel.


Article R946-20 on receipt of the notification of suspension or permanent withdrawal, the holder of the securities is scratched as captain of the role of crew of the fishing vessel which it provides the command by the competent administrative authority armament of the ship.
If the ship is at sea, it must immediately return to its home port or a port designated by the administrative authority referred to in article 2 and muster is amended the arrival. During the trip, fishing gears are lashed and stowed in accordance with article 47 of Regulation (EC) no 1224/2009 of the Council of 20 November 2009 establishing a community control system to ensure compliance with the rules of the common fisheries policy.
In case of suspension or permanent withdrawal, the national file of sailors mentions that the captain is devoid of these securities, in so far as they allow the command of a fishing vessel. The number of penalty points assigned is recorded in the national register of infringements of the rules of the common fisheries policy provided for in article 93 of Regulation (EC) no 1224/2009 of the Council of 20 November 2009 supra.


Article R946-21 captain who has committed an offence giving rise to award points may obtain the deletion of four points if it follows awareness training in compliance with the rules of the common policy for fisheries and the fight against illegal fishing, within the limits of training every two years. The content thereof is established by joint order of the Minister in charge of the marine fisheries of marine aquaculture and the Minister of the sea. This training may be followed in another Member State, when its content is equivalent.
The decision of deletion refers to the total number of points remaining after application of this deletion.
If the master commits no offence within a period of two years from the date of the last serious offence, all its items are deleted.

Title V provisions applicable to the overseas territories chapter I:: provisions specific to the regions and overseas departments and in the Department of Mayotte Section 1: Guadeloupe, French Guiana, Martinique, La meeting Article R951-1

In accordance with article L. 921-2-2, regional marine of Guadeloupe, French Guiana, fisheries committees Martinique, La Réunion are consulted by the prefect on the measures set out in article R. 912 - 19 and also on measures relating to the Organization and operation of fisheries for species subject to a total allowable catch or catch quotas pursuant to a regulation of the Union European.


Article R951 - 2 for the application in Guadeloupe, Guyana, Martinique and Réunion to the provisions of this book, the words: "departmental directors of the territories and the sea" and "direction départementale territories and the sea are respectively replaced by the words: 'directors of the sea' and 'direction of the sea'.".


Article R951-3 I. - for its application in Guadeloupe, Guyana, Martinique and Réunion, article D. 914 - 4 reads as follows: «art.» D. 914-4. -Are members of the commission of marine cultures, in addition to the prefect, or his representative, who chairs: "1 ° Six other representatives of the services of the State:" a) Director of the sea; "(b) the regional director of public finances; ' c) companies, the competition Director, of consumption, labour and employment; ' d) the Director of the regional health agency; «(e) the Director of the environment»»»»»»» planning and housing;
«f) the Director of the food, agriculture and forest; «»» 2 ° in Guiana and Martinique, two members of the Assembly of Guyana or the Assembly of Martinique, designated by this Assembly; in Guadeloupe, Réunion, a departmental Advisor and a regional adviser appointed by their respective Assembly; a Deputy is appointed to each of them under the same conditions;
«3 ° a professional delegation consisting of the president of the regional Committee of shellfish, or his representative, and at most six heads of exploitation of marine cultures. «» According to the order of the day, professional delegation includes representatives of shellfish aquaculture, to representatives of other marine cultures either representatives of these two categories of activities.
"In the absence of regional Committee of shellfish aquaculture, professional delegation includes one or more representatives of accredited professional bodies and heads of operations, within the limit of six Member."
II. - For its application in Guadeloupe, Guyana, Martinique and Réunion, 1 ° of article D. 914 - 5 reads as follows: "1 ° of the Government delegate for the action of the Sea State, or his representative;".


Article R951 - 4 for enforcement in Guadeloupe, Guyana, Martinique and Réunion article D. 914 - 7, in the absence of regional Committee of shellfish culture, the power of proposal mentioned in this article is exercised by professional organizations approved by the prefect.


Article R951 - 5 for the application in Guadeloupe, Guyana, Martinique and Réunion article R. 914 - 8, 2 ° the figure: "eight" is replaced by: 'six' and the figure: "four" by the figure: 'three '.


Article R951 - 6 for the application in Guadeloupe, Guyana, Martinique and Réunion article D. 914 - 11, in the absence of regional Committee of shellfish culture, the consultation referred to in this article is done with professional organizations approved by the prefect.


Article R951 - 7 in Guadeloupe, Guyana, Martinique and Réunion, quotas, expressed in power and tonnage, permits operation likely to be issued to the category of vessels 25 metres or less, and within this category between the different segments, are, as an exception to the provisions of article R. 921 - 8, arrested for each calendar year by the authority referred to in article R.* 911-3.
This decision takes into account, on the one hand, ceilings of ability stopped by the Minister in charge of maritime fisheries and marine aquaculture, programme of adaptation of capture capabilities of the marine fisheries resources professional fishing fleet, laid down by article L. 921 - 6, and on the other hand, the evolution of the fleet recorded during the previous year.
These quotas distinguished projects of renewal of vessels not resulting in an increase in fleet capacity (tonnage and power) of the other projects.


Article R951 - 8 for its implementation in Guadeloupe, Guyana, Martinique and Reunion, the first paragraph of article R. 921 - 35 reads as follows: ' catch quotas and fishing effort quotas can be allocated each year to sub-quotas by the Minister in charge of maritime fisheries and marine aquaculture for vessels flying the french flag registered in Guadeloupe. in French Guiana, Martinique and Réunion and declared active to the file of the European fishing fleet. ' Article R951-9 to the application in Guadeloupe, Guyana, Martinique and Réunion article R. 923 - 9, the first paragraph reads as follows: "must be the subject of a concession on the public maritime domain as well as in the part of the rivers, rivers, ponds, canals and resurgences where waters are salty:


Article R951 - 10 for enforcement in Guadeloupe, Guyana, Martinique and Réunion articles R. 923 - 9-R. 923 - 49: 1 ° in the absence of regional Committee of shellfish culture, the reference to this organization is replaced by the reference to professional organizations approved by the prefect.
2 ° in the last paragraph of article R. 923 - 26, the figure: 'six' is replaced by: 'four '.


Article R951 - 11 for its implementation in Guadeloupe, Guyana, Martinique and Réunion, article R. 923 - 18 reads as follows: «art.» A. 923-18. -When the applicant has one or more activities of marine cultures associated with fishing activity, the activities of marine cultures must be exercised principally.
«Is deemed to be activity main that provides business leader or leaders of professional competence at least 50% of their professional income-eligible and which occupies at least 50% of their working time. «» The condition laid down in the preceding paragraph is not applicable during the first four years of installation as well as during periods of epizootic disease or as a result of a weather event subject to an order of natural disaster. This four-year period may be renewed twice by reasoned decision of the prefect, following a favourable opinion of the commission on marine cultivation. ' Article R951-12 in waters less than 100 nautical miles from the baselines of Guadeloupe, French Guiana, Martinique and Réunion, the fishing is limited to vessels registered in the ports of these communities overseas, unless waived by the State.
These limitations shall not apply to vessels registered in the EU traditionally fish in those waters, provided that these ships do not exceed the fishing effort which there is traditionally exercised.

Section 2: Mayotte Article R951-13 for the purposes of this book in Mayotte, the tasks assigned to the committees regional, interdepartmental and departmental marine fisheries and aquaculture as well as those devolved to regional shellfish committees shall be exercised in accordance with article D. 571 - 1, by the Chamber of agriculture, of fisheries and aquaculture of Mayotte. The consultations provided for in article L. 921-2-1 and the first paragraph of article L. 921-2-2 are made with this consular company.


Article R951 - 14 for the purposes of this paper in Mayotte, measures of fisheries management and aquaculture applicable to vessels flying french flag registered in Mayotte are exercised in accordance with the derogation scheme defined by the Regulation (EU) No. 1385/2013 of the Council of 17 December 2013 amending regulations (EC) No 850/98 and (EC) no 1224/2009 and the regulations of the European Parliament and of the Council (EC) no 1069/2009 , (EU) 1379/2013 and 1380/2013, following the amendment of the status of Mayotte with regard to the European Union (EU).


Article R951-15 articles R. 951 - 2-R. 951 - 11 are applicable to Mayotte.
For the application in article R. 951 Mayotte - 3, 2 ° reads as follows: "2 ° two Councillors appointed by the general Council, as well as two alternates;".


Article R951-16 article R. 951 - 12 is applicable to Mayotte.

Chapter II: Provisions specific to Saint-Barthélemy and Saint - Martin Section 1: Saint-Barthélemy Article R952-1 this chapter is applicable in the territorial waters of Saint Barthelemy, and in the economic zone off the coast of this island as it is defined in article 1 of Decree No. 78-276 of 6 March 1978 establishing, under the Act of 16 July 1976 , economic zone off the coast of the Department of Guadeloupe.


Article R952 - 2 in accordance with article L. 921 - 9, fishing is prohibited to ships flying the flag of a foreign State in the economic zone of Saint-Barthélemy.
However, notwithstanding these provisions, fisheries authorizations may be issued by the competent authority of Saint-Barthélemy to certain vessels foreign flag in the conditions laid down by international agreements and resulting from the provisions of article LO 6214-6 of the general code of territorial communities.

These fishing authorisations shall be issued to these vessels, after the opinion of the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, according to the State of the resource and its availability.

Section 2: Saint-Martin Article R952 - 3 this chapter is applicable in the territorial waters of Saint-Martin, and in the economic area off the coast of French of this island as it is defined in article 1 of Decree No. 78-276 of 6 March 1978 establishing, under the Act of 16 July 1976, economic zone off the coast of the Department of Guadeloupe.


Article R952 - 4 in accordance with article L. 921 - 9, fishing is prohibited to ships flying the flag of a foreign State registered outside the European Union in the economic zone of Saint Martin.
However, notwithstanding these provisions, fisheries authorizations may be issued by the competent authority of Saint-Martin at some of these ships under the conditions provided for by the agreements resulting from the provisions of article LO 6314-6 of the general code of territorial communities and international.
These fishing authorisations shall be issued to these vessels, after the opinion of the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, according to the State of the resource and its availability.


Article R952-5 in waters less than 100 nautical miles from the baselines of Saint-Martin, the fishing is limited to vessels registered in the ports of the community, unless waived by the State.
These limitations shall not apply to vessels registered in the EU traditionally fish in those waters, provided that these ships do not exceed the fishing effort which there is traditionally exercised.

Chapter III: Provisions in Saint Pierre and Miquelon Article R953-1 this chapter is applicable in the territorial waters of Saint Pierre and Miquelon and in the economic zone located off of this archipelago is defined in article 1 of Decree No. 77-169 of February 25, 1977, establishing, in accordance with the provisions of Act No. 76-655 on July 16, 1976, economic zone off the coast of the Department of Saint Pierre and Miquelon.


Article R953 - 2 in accordance with article L. 921 - 9, fishing is prohibited to ships flying the flag of a foreign State in the economic zone of Saint Pierre and Miquelon.
However, notwithstanding these provisions, fisheries authorizations may be issued to certain vessels flying foreign flags by the authority referred to in article R.* 911-3 under the conditions laid down in international agreements and subject to articles LO 6414-2 and LO 6414-3 of the general code of territorial communities.
The silence kept by the administrative authority for a period of two months on applications for authorization referred to in this article is the decision of rejection.


Article R953-3 the period of validity of an authorization shall not exceed that of a campaign of fishing or the capture of allowable quantities and the maximum time that a calendar year.


Article R953-4 fiscal trawling, dredging and the installation of nets, traps, lines or any other fixed fishing gear or are subject to the granting of an authorisation for each vessel from which these activities are practised.


Article R953-5 the number of likely to be granted permissions is set by the authority designated under section R.* 911-3 taking into account: 1 ° the total removals of catches allowed in the waters set out in article R. 953 - 1 and their distribution in quotas as it is said in article R. 953 - 7.
2 ° of the prior conditions for the exercise of fishing in such waters;
3 ° the length, power or tonnage of the vessels for the benefit of which permissions are requested;
4 ° the interest of the operation of these vessels for the economic and social needs of the archipelago.


Article R953-6 the authorization request must be addressed by the shipowner or the fisherman, french or foreign, to the authority responsible for the issue 60 days at least before the beginning of the period of validity. It must include: 1 ° the name and address of the applicant and, where appropriate, its corporate name;
2 ° the name and the registration number of the vessel to the benefit of which it is requested;
3 ° the name and address of the master;
4 ° the characteristics of the vessel and the fishing gear used;
(5) the commitment made by the applicant as well as the captain to allow boarding of an observer.
The authorisation may be withdrawn if this information prove to be inaccurate or if the subscribed undertaking is not fulfilled.
In addition, the request must indicate the locations and periods of activity envisaged and an estimate of the planned catch.
When the permission demand requires, in accordance with international regulations, an assent to a supranational body or of a third State, the silence kept by the administrative authority referred to in article R.* 911 - 3 for a period of two months is the decision of rejection.
The same applies when the licensing scheme governing this application subject to a cap number, power or tonnage.


Article R953-7 to ensure the management and conservation of fisheries resources in the territorial waters and economic of Saint Pierre and Miquelon area, the Minister in charge of maritime fisheries and aquaculture marine, may, by order taken after advice of the Institute of french research for exploitation of the sea, set by twelve months of total catch sampling allowed.
The Minister may distribute these samples in a quota allocated to french fishermen and one or several quotas assigned to foreign fishermen. It determines the species or groups of species subject to the provisions of this article.
When such quotas have been established, the authority referred to in article R.* 911 - 3 may, by order, divide them between the various ships to which it has issued permissions. This distribution is based on the same criteria as those laid down for the granting of permissions.


Article R953-8 when a fishing quota is exhausted, an order of the authority referred to in article R.* 911-3 notes. This order is brought to the attention of fishermen to which an authorization has been issued for this species or group of species. It prohibits continue fishing of the species or group of species by the fishermen concerned.


Article R953-9 an observer can be designated by the authority designated under section R.* 911-3 to embark on licensed vessels of an authorization. It monitors the conduct of fishing operations and shall report to that authority. To this end, it is being able to communicate with it when it asks.


Section R953-10 for its application to Saint Pierre and Miquelon, article R. 913 - 1 reads as follows: «art.» R 913-1. -Fishermen carrying on business on a species or group of species whose collection is subject to a quota pursuant to article R. 953 - 7, must keep a fishing log on which are indicated the quantities caught and retained on board, the dates and places of capture so that the fishing gear used.
«They must also report to the authority referred to in article R.* 911-3: "1 ° when they enter or leave the water as defined in article R. 953 - 1, the quantities of fish held on board; «»»»» 2 ° each week, the quantities fished;
«3 ° the quantities landed or transhipped. «» An order of the Minister in charge of maritime fisheries and marine aquaculture specifies the form, content, periodicity and the arrangements for the transmission of these reporting obligations. ' Article R953 - 11 with the exception of the concession of regularly assigned marine cultivation operations, it is forbidden to trawling or dredging within three miles of the coast of the archipelago of Saint Pierre and Miquelon and the rocks of the seals.
To ensure the management and conservation of fishery resources in the territorial waters and economic zone located around the archipelago of Saint Pierre and Miquelon, the Minister in charge of maritime fisheries and marine aquaculture may, by order: 1 ° prohibit fishing of one or more species, the use of certain vessels and the use of certain types of fishing;
2 ° limit fishing for one or several species at certain times of the year, to certain areas and determine the characteristics of the vessels, fishing methods and permitted gear.


Article R953 - 12 are prohibited: 1 ° the clean-up activities, conservation and shelling of shellfish carried out on board; However, these activities may be authorised for a limited quantity and subject to compliance with technical requirements laid down by order of the authority referred to in article R.* 911-3;
2 ° the physical or chemical transformation of the fish for the production of flour, oil or similar products; these prohibitions do not affect the transformation of fish waste.


Article R953-13

Nets, traps, lines and other fishing gear wet or drift at sea shall be marked with buoys to identify their position, their orientation and their extent and whose number, specifications and equipment are fixed by order of the Minister responsible for maritime fisheries and marine aquaculture and the Minister of the sea. These buoys must be marked with the registration number of the vessel who asked them.
Fishing gear without identification marks or marks have been erased are considered wrecks.


Article D953-14 an order of the Minister responsible for maritime fisheries and marine aquaculture fixed the technical measures necessary for sound management of the resource, and in particular: 1 ° the maximum size of the mesh of nets authorized on the basis of species whose capture is authorized;
2 ° the rules of detention on board such nets;
3 ° the permissible percentage of catches and the method for calculating this percentage;
4 ° the mode of calculation of the size of fish, crustaceans or molluscs which the capture is authorized.

Chapter IV: Provisions common to the communities of overseas and to New Caledonia Article R954-1 as long as they carry on breaches and breaches of rules enacted in matters falling within the competence of the State, articles R. 946 - 4-R. 946 - 21 are applicable to the waters under the sovereignty or French jurisdiction extending to the coast of Wallis and Futuna, French Polynesia and New Caledonia. They are also applicable to the waters under the sovereignty or French jurisdiction extending to the coast of southern and Antarctic Territories.

Chapter V: To Wallis and Futuna Article R955-1 specific provisions this chapter is applicable in the territorial waters of the territory of the Islands Wallis and Futuna and the economic of this archipelago zone as it is defined in article 1 of Decree No. 78-145 3 February 1978 establishing, in accordance with Act No. 76-655 on July 16, 1976, an economic zone off the coast of the territory of the Wallis and Futuna Islands.


Article D955 - 2 in accordance with article L. 954 - 2, fishing is prohibited to ships flying the flag of a foreign State in the economic zone of the islands of Wallis and Futuna.
However, notwithstanding these provisions, fisheries authorizations may be issued by the competent authority of Wallis and Futuna to certain vessels flying the flag of a foreign State in accordance with international agreements and resulting from the provisions of Act No. 61 - 814 of 29 July 1961 amended conferring the status of overseas territory Wallis and Futuna Islands.
These fishing authorisations shall be issued to these vessels, after the opinion of the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, according to the State of the resource and its availability.


Article R955 - 3 in so far as they deal with breaches and infringements to rules enacted in matters falling within the competence of the State, articles R. 941 - 1, R. 941 - 4, R. 942 - 1 to R. 942 - 4, R. 943 - 1 to R. 943 - 9 and R. 946 - 1 to R. 946 - 3 are applicable in waters under the sovereignty or French jurisdiction of the territory of the islands of Wallis and Futuna , subject to the following modifications: 1 ° the reference to the prefect is replaced by a reference to the senior administrator;
2 ° the reference to the High Court is replaced by a reference to the Court of first instance.


Article R955-4 A non-government representatives provided for in article 31 of Decree No. 71-360 on May 6, 1971 on the application of Act No. 68-1181 on December 30, 1968 on the exploration of the continental shelf and exploiting its natural resources to serve on the commission of studies of programmes referred to in article 8 of this Decree, representatives of the administrations concerned or the competent scientific bodies for the territory they are overridden by the authority designated under section R.* 911-3.

Chapter VI: Provisions specific to Polynesia French Article R956-1 this chapter is applicable in the territorial waters of French Polynesia and the economic zone of these archipelagos as defined in article 1 of Decree No. 78-143 3 February 1978 establishing, in accordance with Act No. 76-655 on July 16, 1976, an economic zone off the coast of the territory of French Polynesia.


Article D956 - 2 in accordance with article L. 954 - 2, fishing is prohibited to ships flying flag of a foreign in the economic zone of French Polynesia, however, by way of derogation from these provisions, fisheries authorizations may be issued by the competent authority in French Polynesia to some ships flying flag of a foreign State under the conditions provided for by the agreements resulting from the provisions of the Act and international organic n ° 2004-192 of February 27, 2004, amended on the Statute of autonomy of French Polynesia.
These fishing authorisations shall be issued to these vessels, after the opinion of the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, according to the State of the resource and its availability.


Article R956 - 3 in so far as they deal with breaches and infringements to rules enacted in matters falling within the competence of the State, articles R. 941 - 1, R. 941 - 4, R. 942 - 1 to R. 942 - 4, R. 943 - 1 to R. 943 - 9 and R. 946 - 1 to R. 946 - 3 are applicable in waters under the sovereignty or jurisdiction of French Polynesia, subject to the following modifications : 1 ° the reference to the prefect is replaced by a reference to the High Commissioner of the Republic;
2 ° the reference to the High Court is replaced by a reference to the Court of first instance.

Chapter VII: Provisions to New Caledonia Article R957-1 this chapter is applicable in the territorial waters of New Caledonia and dependencies as well as in the economic zone of this archipelago, as it is defined in article 1 of Decree No. 78-142 3 February 1978 establishing, in accordance with Act No. 76-655 of 16 July 1976 an economic zone off the coast of the territory of New Caledonia and dependencies.


Article D957 - 2 in accordance with article L. 921 - 9, fishing is prohibited to ships flying the flag of a foreign State in the economic zone of New Caledonia.
However, notwithstanding these provisions, fishing authorisations may be issued by the competent authority of New Caledonia to some ships flying flag of a foreign State under the conditions provided for by the agreements resulting from the provisions of the Act and international organic No. 99-209 of 19 March 1999 amended relating to New Caledonia.
These fishing authorisations shall be issued to these vessels, after the opinion of the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, according to the State of the resource and its availability.


Article R957 - 3 in so far as they deal with breaches and infringements to rules enacted in matters falling within the competence of the State, articles R. 941 - 1, R. 941 - 4, R. 942 - 1 to R. 942 - 4, R. 943 - 1 to R. 943 - 9 and R. 946 - 1 to R. 946 - 3 are applicable in waters under the sovereignty or jurisdiction of French New Caledonia, subject to the following modifications : 1 ° the reference to the prefect is replaced by a reference to the High Commissioner of the Republic;
2 ° the reference to the High Court is replaced by a reference to the Court of first instance.

Chapter VIII: Special provisions to southern and Antarctic French and the island of Clipperton Section 1: provisions specific to southern and Antarctic French sub-section 1: provisions General Article R958-1 the economic area defined in article 1 of the law of July 16, 1976, extends to the wide sides of the islands of Saint-Paul and Amsterdam, the Crozet Islands, the Kerguelen archipelago and Tromelin Islands , Glorieuses, Juan de Nova, Bassas da India and Europa (territory of southern and Antarctic Territories) since the outer limit of the territorial waters up to 188 nautical miles beyond this limit subject to agreements of boundaries with neighbouring States.


Article R958-2 regulation of fishing provided for in this chapter is intended to ensure the long-term conservation and the optimal exploitation of fishery resources in the areas of southern and Antarctic Territories placed under sovereignty or under French jurisdiction lying off the coast of Amsterdam and Saint-Paul Islands, Crozet Islands, the Kerguelen archipelago and Tromelin Islands , Glorieuses, Juan de Nova, Bassas da India and Europa. The fishing by all vessels flying the french flag, registered in the European Union or in southern and Antarctic French, or flying foreign flags is carried out in order to preserve marine ecosystems in which these resources are deployed.


Article R958-3

The provisions of this chapter shall not apply to the exercise of experimental or scientific fishery which is subject to a special authorization issued by the authority designated under section R.* 911-3. This authority regulates the exercise of this fishery under the conditions laid down in articles R. 921 - R. 921 76 - 82 which are applicable to the Terres australes and French Antarctic.


Article R958-4 fishing, other than experimental or scientific, is subject to the licensing to the owner of an authorization, by ship or group of ships, by the authority designated under section R.* 911-3. This permission determines the period allowed, the geographical areas, species or groups of species and fishing gear authorized.
When the permission demand requires, in accordance with international regulations, an assent to a supranational body or of a third State, the silence kept by the administrative authority referred to in article R.* 911 - 3 for a period of two months is the decision of rejection.
The same applies when the licensing scheme governing this application subject to a cap number, power or tonnage.


Article R958-5 fishing authorisations shall be issued following verification of the legal, economic, financial and technical of the owner of the receiving ship capacity and taking into account inter alia: 1 ° a real economic link of the ship with the territory of the State which it flies the flag, including the direction and control of ships from a permanent establishment situated in the territory of the State of which the ship flies the flag;
2 ° from the prior art of the arms in the fishery;
3 ° of the orientations of the market;
4 ° the socio-economic balance;
5 ° of the participation of the shipowner in experimental campaigns aimed at mitigating the impact of fishing on the environment;
6 ° of the participation of the shipowner to initiatives aimed at the protection of the resource and the environment;
7 ° of the undertaking by the shipowner to board a fishing controller, if requested by the competent authority.
These criteria are not cumulative in character.
The authority designated under section R.* 911-3 fixed, where appropriate, the number of permits that may be issued, including taking into account the biological capacity of the area concerned.
When this authority assigns quotas for fishing according to the total allowable catches set out in articles R. 958 - 11 and R. 958 - 17, it may issue to shipowners who so request, for each of the vessels, an authorization issued within the limits of the applicable quota.


Article R958-6 the period of validity of the fishing authorisation may not exceed one year. It cannot be transferred or sold. The refusal of an application for authorization must be motivated and notified to the applicant.


Article R958-7 permission may be withdrawn without compensation by the authority which issued it after the person concerned has been able to submit its comments, in cases where: 1 ° the characteristics or the mode of operation of the vessel have changed and no longer meet the conditions for the issuance of the authorization;
2 ° the ship has been sold or transferred to a title any.
Where the authorisation is withdrawn before its term of validity, an authorization may be reassigned to another vessel.
The remainder of the quota which has not been fished to the date of withdrawal may result in re-allocation of an authorization, either to another owner or to the same owner for another vessel. Reallocation of a remnant of quota conditions are identical to those of the allocation of a quota provided for in article R. 958 - 13.


Article R958 - 8 for the maritime zones classified as a national nature reserve, the total allowable catches must conform to the guidelines of their management plan.


Article R * 958-9 by way of derogation from the provisions of article R.* 911-4, the authority of the police of fisheries in waters under French sovereignty or jurisdiction off the coast of the territory of southern and Antarctic Territories is the prefect of Réunion.


Article R958-10 articles R. 946 - 1 to R. 946 - 21 are applicable in waters under the sovereignty or jurisdiction of southern and Antarctic territories subject to the following modifications: 1 ° the reference to the prefect is replaced by a reference to the senior administrator;
2 ° the reference to the High Court is replaced by a reference to the courts referred to in article R. 541 - 1 of the code of judicial organization.
In addition to the agents referred to in articles R. 941 - 1 and R. 941 - 2, are also responsible of administrative police controls provided for in articles L. 941 - 1 and L. 941 - 2 within the area defined in article R. 958 - 1, the persons responsible for a monitoring mission on Board designated in accordance with article l 981 - 13.

Sub-section 2: Provisions specific to southern section R958-11 in order to ensure the achievement of the objectives set out in article R. 958 - 2 to off the coast of Amsterdam and Saint-Paul Islands, Crozet archipelago and the archipelago Kerguelen, the authority referred to in article R.* 911 - 3 fixed by order, for a maximum of three years, total allowable catches by species or groups of species for areas periods of activity and donated gear, after recommendation of the national natural history Museum and the Minister of Foreign Affairs, of the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas.


Article R958-12 total allowable catch can be divided, by order of the authority designated in article R.* 911-3, arms with permission valid for at least a fishing vessel in the economic zone referred to in article R. 958 - 11.
The distribution of each total allowable catch is made taking into account: 1 ° from the prior art of the arms in the fishery;
2 ° from the prior art of fishing in other fisheries of southern and Antarctic Territories;
3 ° the compliance by their captain of the regulations in force;
4 ° the orientations of the market;
5 ° of the socio-economic balance;
6 ° to participate in experimental campaigns aimed at mitigating the impact of fishing on the environment;
7 ° to participate in initiatives aimed at the protection of the resource and the environment.
These criteria are not cumulative in character.
The distribution can be done for several years by setting the relative share of each armaments for the selected period. In this case, the annual quota for each armament is calculated based on the level of the total allowable catch for the year under review.


Article R958-13 during the management period, a sous-consomme quota may be transferred, by order of the authority designated in article R.* 911-3, a weapon to another vessel of the same arms or other weapons with an authorization valid. The terms of this transfer are specified by order of the authority.


Article R958-14 the authority designated under section 911-3 R.* determines by order, on the basis of the elements provided by the scientific institutes concerned, after consultation with the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, the rules relating to: 1 ° the permanent or temporary prohibition and regulation of the fishing of all or certain species in certain areas;
2 ° the size or weight of the catches below which must be immediately released;
3 ° the proportion of catch less than size or minimum weight mentioned in 2 ° above which fishing operations may be interrupted;
4 ° the rules relating to the treatment of the species not marketed;
5 ° the rules governing the implementation of experimental methods;
6 ° the obligations and prohibitions relating to the mitigation of incidental catch of birds, reptiles and mammals;
7 ° the rules relating to machines, instruments and apparatus used for fishing purposes, to the size of the mesh; nets and the technical characteristics of the vessels
8 ° the rules relating to hours and seasons open to fishing.
9 ° the depths of fishing allowed;
10 ° the authorization or prohibition of certain types or methods of fishing;
11 ° the definition of the maximum percentage of catches of certain species for certain types of fishing or with certain gear;
12 ° the regulation of the use of bait;
13 ° the conditions of execution of ancillary operations of fishing vessels;
14 ° rules relating to releases of main or incidental catches, and discharges of residues of plant or bait.
15 ° the obligations for marking and recapture;
16 ° the obligations towards observers, controllers and inspectors of fisheries, and material which is put at their disposal;
17 ° instead of landing of catches;
18 ° the prohibition of sale, purchase and transport of the products which fishing is prohibited;
19 ° the definition of conditions of harvesting of marine plants;
20 ° conditions of delimitation of the areas closed to fishing or the definition of fishing restrictions designed to foster the implementation of artificial structures for the purpose of exploitation and development of biological resources;

21 ° registration of catches, the establishment of mandatory documents by the producer or, where applicable, the purchaser of the fishery products, delays of transmission of these documents to the competent authority;
22 ° the recording and disclosure of the data required in the context of the system of surveillance of vessels fishing by satellite or other means of identification;
23 ° determination of the conditions of conservation, breeding of replenishment of the fishing and enrichment or for restocking supplies of funds;
24 ° determination of the sectors and sub-sectors of fisheries within an exclusive economic zone and the rules of attendance of these sectors and sub-sectors;
25 ° bans on discarding of non-degradable material objects.
These rules may be different for each fishing zone, according to its specificities.


Article R958-15 when a total allowable catch shall be deemed exhausted, the continuation of fishing of the species or group of species by concerned arms prohibited by order of the authority designated in article R.* 911-3.

Sub-section 3: Provisions specific to the îles Eparses Article R958 - 16 absence of government representatives provided for in article 31 of Decree No. 71-360 6 May 1971 on the application of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources to serve on the commission for the study of the programmes referred to in article 8 of this Decree representatives of the administrations concerned or scientific bodies competent for the territory they are overridden by the authority designated in article R.* 911-3.


Article R958 - 17 in order to ensure the achievement of the objectives set out in article R. 958 - 2 to off the coast of Tromelin Island, glorious, Juan de Nova, Bassas da India and Europa, the authority referred to in article R.* 911-3 may prescribe, by order, for a maximum of three years, total allowable catches, by species or groups of species for areas, periods of activity and gear provided After consulting the relevant scientific institutes, as well as the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas.


Article R958-18 the authority designated under section 911-3 R.* determines by order, on the basis of the elements provided by the scientific institutes concerned, after consultation with the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas, the rules relating to: 1 ° the permanent or temporary prohibition and regulation of the fishing of all or certain species in certain areas;
2 ° the size or weight of the catches below which must be immediately released;
3 ° the proportion of catch less than size or minimum weight mentioned in 2 ° above which fishing operations may be interrupted;
4 ° the rules relating to the treatment of the species not marketed;
5 ° the rules governing the implementation of experimental methods;
6 ° the obligations and prohibitions relating to the mitigation of incidental catch of birds, reptiles and mammals;
7 ° the rules relating to machines, instruments and apparatus used for fishing purposes, to the size of the mesh; nets and the technical characteristics of the vessels
8 ° the rules relating to hours and seasons open to fishing.
9 ° the depths of fishing allowed;
10 ° the authorization or prohibition of certain types or methods of fishing;
11 ° the definition of the maximum percentage of catches of certain species for certain types of fishing or with certain gear;
12 ° the regulation of the use of bait;
13 ° the conditions of execution of ancillary operations of fishing vessels;
14 ° rules relating to releases of main or incidental catches, and discharges of residues of plant or bait.
15 ° the obligations for marking and recapture;
16 ° the obligations towards observers, controllers and inspectors of fisheries, and material which is put at their disposal;
17 ° instead of landing of catches;
18 ° the prohibition of sale, purchase and transport of the products which fishing is prohibited;
19 ° the definition of conditions of harvesting of marine plants;
20 ° conditions of delimitation of the areas closed to fishing or the definition of fishing restrictions designed to foster the implementation of artificial structures for the purpose of exploitation and development of biological resources;
21 ° registration of catches, the establishment of mandatory documents by the producer or, where applicable, the purchaser of the fishery products, delays of transmission of these documents to the competent authority;
22 ° the recording and disclosure of the data required in the context of the system of surveillance of vessels fishing by satellite or other means of identification;
23 ° determination of the conditions of conservation, breeding of replenishment of the fishing and enrichment or for restocking supplies of funds;
24 ° determination of the sectors and sub-sectors of fisheries within an exclusive economic zone and the rules of attendance of these sectors and sub-sectors;
25 ° bans on discarding of non-degradable material objects.
These rules may be different for each fishing zone, according to its specificities.


Article R958-19 when a total allowable catch shall be deemed exhausted, the continuation of fishing of the species or group of species by concerned arms prohibited by order of the authority designated in article R.* 911-3.


Article R958-20 fishing, landing and transport of fish, crustaceans, molluscs and other marine animals whose size or weight is not in conformity with the specifications laid down by the legislation in force may be allowed when they designed the supply of parks or other livestock institutions, either the repopulation of certain areas maritime.
The authorization is issued by the authority designated under section R.* 911-3.

Sub-section 4: Special provisions to ships flying flag of a foreign State Article R958-21 of permissions can be granted by the authority designated under section R.* 911-3 under the conditions defined in article R. 958 - 5 and following consultation with the Minister of Foreign Affairs, of the Minister responsible for maritime fisheries and the Minister in charge of the overseas, to vessels flying the flag of a foreign State. These fishing authorisations shall be issued depending on the State of the resource and its availability in the conditions laid down by this chapter.
The silence kept by the administrative authority referred to in article R.* 911-3 for a period of two months is the decision of rejection.


Article R958 - 22 any application for authorization includes the following information: 1 ° the ship's name;
2 ° number and port of registry;
3 ° external identification marks;
4 ° name and address of the owner or charterer;
5 ° gross tonnage;
6 ° length overall;
7 ° power of the engine or engines;
8 ° distinctive signal;
9 ° used radio frequencies;
10 ° fishing method;
11 ° species that it is intended to capture;
12 ° fishing period for which the authorisation is sought.


Section R958-23 in the case where several ships participating in a fishing operation, each ship must be holder of an authorisation of individual fishing.


Article R958-24 a vessel authorization holder must, in order to fish, to comply with the following requirements: 1 ° the original of the authorization is held on board;
2 ° the master held a fishing log;
3 ° the captain communicates, by radiotelephone or electronic messages the movements of entry and exit of the vessel, catches, the areas frequented;
4 ° the name of the ship is shown prominently in Latin characters of at least 6 cm thick stroke and at least 45 cm height in white letters on a black background, on each side of the bridge navigation and height;
5 ° the distinctive signal from the vessel is painted on the upper part of the superstructure in letters of red on a white background, with a thickness of at least 6 cm line and 45 cm in height at least arranged so that they are visible by aerial observers flying over the ship following the same road as the latter.


Article R958-25 licences are issued by the authority designated in article R.* 911-3 decision.
The model and the duration of authorisations, the form and the indications of the fishing log, periodicity, content and procedures for transmission of the messages provided for in article R. 958 - 24 and other practical formalities made necessary for the purposes of this chapter are set the same way.

Section 2: Provisions specific to island of Clipperton Article R958-26 without prejudice to the provisions of specific agreements concluded with third States, the exercise of fishing by licensed ships flying flag of a foreign State in the economic zone of Clipperton Island is subject to the granting of an authorisation under the conditions provided for in this section.
Foreign assistance vessels operating in the exclusive economic zone of Clipperton must also have permission and are subject to the same obligations.
The exercise of fishing by other foreign ships that those with permission is prohibited.

The provisions of this section shall not apply to the exercise of scientific fisheries.
The silence kept by the administrative authority referred to in article R.* 911-3 for a period of two months on applications for authorization referred to in this article is the decision of rejection.


Article D958-27 licences are issued by decision of the authority referred to in article R.* 911-3, after receiving the opinion of the Minister of Foreign Affairs, of the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas.
Where appropriate, this authority shall by order, after obtaining assent from those Ministers, the maximum number of authorizations that may be issued, including taking into account the biological capacity of the area concerned.
It can also limit the catch per vessel per order.


Article R958-28 information that must be communicated by armament upon application for authorisation and the procedure for issuing are defined by order of the authority referred to in article R.* 911-3, after obtaining the assent of the Minister for Foreign Affairs, the Minister for maritime fisheries and marine aquaculture and the Minister in charge of the overseas.
Fishing authorisations are issued after verification of legal, economic, financial and technical beneficial armaments capacity taking into account in particular: 1 ° a real economic link of the ship with the territory of the State which it flies the flag, including the direction and control of ships from a permanent establishment situated in the territory of the State of which the ship flies the flag;
2 ° of the prior art in the fishery;
3 ° of the orientations of the market;
4 ° the socio-economic balance;
5 ° the commitment to board a fishing controller or a scientific observer, if requested by the prefect;
6 ° of the participation of the shipowner in experimental campaigns aimed at mitigating the impact of fishing on the environment or initiatives aimed at the protection of the resource and the environment;
7 ° of offences possibly committed in previous years;
8 ° the possible inclusion of the vessel or the shipowner on a list of vessels or operators involved in illegal fishing activities (illegal, unreported and unregulated) established by the European Union or by a regional fisheries management organization.


Article R958-29. each authority may determine, in particular, the period and areas of fishing allowed, species or groups of species and fishing gear authorized.
A holder of an authorisation vessel shall, in order to fish, to comply with applicable regulations, conservation or applicable management measures adopted by a regional organisation of competent fisheries management and the annexed technical requirements to the authority.
These technical requirements may establish particular modalities: 1 ° ban on fishing for certain species or for the use of certain fishing gear;
2 ° declaration of catches mainly targeted species and bycatch;
3 ° of mitigation of incidental catch of birds, reptiles and mammals;
(4) prohibition of certain species;
5 ° prohibition of discarding of non-degradable material objects;
6 ° declaration of entry and exit of the economic zone of Clipperton;
7 ° identification and tracking by means of vessels authorized;
8 ° of embarkation or transfer and hosting of a controller of fishing or a scientific observer.


Section R958-30 the period of validity of the authorisation of fishing, which may not exceed one year, ceases on 31 December of the year of issue.
The authorization shall be kept on Board at all times; It cannot be transferred or sold.
The refusal of an application for authorization must be motivated and notified to the applicant.


Article D958-31 the issuance of an authorization can give rise to the payment of a financial contribution by the armament, on terms laid down by order of the authority referred to in article R.* 911-3, after obtaining the assent of the Minister of Foreign Affairs, the Minister in charge of maritime fisheries and marine aquaculture and the Minister in charge of the overseas.
The annual financial contribution includes a fixed part, which must be paid before the issuance of the authorizations, and a variable part.
The fixed part includes an amount covering a fixed weight of catches in the economic zone of Clipperton. It may also include a charge for costs of surveillance and observation.
The variable part applies for catches beyond a certain tonnage and must be paid within a period of two months after the end of the marketing year and no later than 1 November of the current year.
Catches, including the accounts must be kept, also subject to financial compensation.
Any breach of the obligations of this section arms causes the immediate suspension of the licence by the authority which issued it.


Section R958-32 authorization can be withdrawn without compensation by the authority referred to in article R.* 911-3 after concerned armaments was put in a position to submit its observations, in cases where: 1 ° the provisions of this section or adopted pursuant to this section or specifications annexed to the authorization have not been complied with;
2 ° the fishing controller or the scientific observer onboard has been hampered in any way in the exercise of its functions or tasks, including because of a lack of cooperation on the part of the crew;
3 ° the characteristics or the mode of operation of the vessel have changed and no longer meet the conditions for the issuance of the authorization;
4 ° the ship has been sold or transferred to a title any.


Article R958-33 A fault of representatives of authorities provided for in article 31 of Decree No. 71-360 6 May 1971 on the application of Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources to serve on the commission for the study of the programmes referred to in article 8 of this Decree, representatives of the administrations or bodies competent for the territory scientists they are overridden by the authority designated under section R.* 911-3.

Annex annex 1 table prepared for the purposes of ARTICLE D. 911-2 indicating the limit of salinity of water in the rivers and CANALS of the COASTLINE of the North Sea, of LA MANCHA, of the OCEAN Atlantic and in the Mediterranean rivers, rivers or channels limits of the salinity of water coastline of the North Sea and the doors Moëres handle Cunette of flow , downstream of the lock of the Cunette Canal de Bergues doors flow, downstream of the lock of Bergues Floodway gates of flow, downstream from lock reverse Aa lock No. 63 bis fort in Gravelines Canal de Saint-Omer lock of the Citadel fortifications and locks of the skippers channel of crabs Canal des Pierrettes channel of hunts lock hunting Canche bridge whereby the Paris-Calais railway crosses this stream at Etaples
Slack lock from the village of Slack mill Wimereux Lecamus Liane dam of the Authie Marguet bridge, pebbles Somme and channel of the Somme downstream from the lower dam ecluse Somme Bresles Port of Tréport, fixed bridge located at the bottom of basin afloat and Pontus nozzle with valve that separates the withholding of hunts Yères Moulin Madame Arques to the dam at valves at the bottom of the withholding of the port of Dieppe saw mouth at the downstream end of the nozzle the downstream part of the wooden base to the mouth Dun valve valve installed upstream from the channelling of Veules fall beneath the cement look discarding Saane wooden installed at the entrance of the beach of Veules-les-Roses Durdent downstream end of the nozzle mouth Valmont downstream of the first pipe located upstream of the discharge of the River in the back port de Fécamp and vertically from the edge of the deck wooden spanning the spillway of storm, Coast basin Freycinet crack doors afloat Canal de Tancarville upstream channel end Risle Seine to the right of the shim Aizier at the dam of Pont-Audemer, opposite the street of the sepulchre Touques bridge railway of Lisieux in Deauville 250 metres upstream the Touques Dives Cabourg's bridge bridge, 1 kilometre from the Orne dam mouth said 'The bridge' Canal de Caen to the Sea Bridge of the Foundry to Caen Seulles at the confluence of the two arms of the River, 2 km from the mouth Aure bridges du Douet and the cows Vire bridge of Vey (RN 13) Taute afloat doors of the bridge Saint-Hilaire at Carentan fluke afloat gates of the bridge of the tray SAP Madelaine Merdret doors afloat of the tray Siena Pont-Neuf Bridge, opposite the castle of Montchalon Sée 1 500 meters above bridge Gilbert , the path leading from the right bank to the Bell Tower of St.-Jean-de-la-Haize Selûne 1 500 meters upstream of the road bridge Pontaubault couesnon at a place called Le Port, 500 metres above the deck of Pontorson Rance dam and lock the Chatelier Arguenon bridge of Plancoët Frémur bridge of calf-Rouault Remur bridge Madison mouth of Erquy mill Hinandaie Dahal Clos du Val Bignon first House downstream of the village of Bignon Gill mill Relan urn its mouth Gillespie bridge of Gillespie Ic West end of the paradise Jaudy deck side of the Roche-Derrien Guendy mill of the Bishop Trieux dam of Goas-Vilinic Floodway of the Trieux door downstream of the lock of the basin of Goas-Vilinic Leff the mill dam on the Houell Ar - iar north side of the bridge Ar-iar bequeath

North side of the pont Sainte - Anne Douron 300 metres downstream of the mill of Moallic Dourduff mill, the Dossen North of Morlaix Penze Penze Kellec Bridge South side bridge or sea Horn bridge Bihan Guilliec mill of the Palud Pennele 500 meters downstream from the bridge of Pennele Sandesh Morlaix L'aber-Wrac'h Bridge North Coast ': Moulin Diouris Aber-Benoît Moulin du Chatel and Tariec Aber-IlDut Bridge Run coastline Metropolitan Atlantic ocean Elorn crest of the dam Bridge of Rohan Daoulas bridge of Daoulas hospital Camfrout bridge of Hôpital Camfrout Faou Quiela Pont de Buis or the Douffine Ty Bernie Alder Village of Rosconnec Goyen Chaussée de pond Keridreuff to bridge cross bridge the Abbot the Akhand station Pont l ' Abbé and the Elern between 897 and 898 Odet in downstream of the confluence of the river Odet and the Steyr to the courthouse on the docks of Quimper Moros bottom of the basin of the Moros Aven Dam spillway of the last mill at the end of the port of Pont-Aven Laïta edge of the forest of Carnoët side wood Saint-Maurice, 7 kilometres from the Scorff Pointe de Pen-Mane mouth, opposite the rock of the Raven Blavet line joining Portal grid of the French national stud (left bank) in the downstream of the coppice of Melbourne rock (right bank), municipality of Hennebont River of Etel Moulin de Nanteraire Sach bridge of Sach River of the Trinity or Crac'h floor of the mill Bequerel Rivière d'Auray
Bridge Treauray River of Bono Chaussée de Ker-Royal Oust freshwater entire scope Vilaine Barrage of Arzal Bas-Brive lock of dew Loire Le Migron, Frossay Sèvre nantaise in soft on any of its current channel or road mount bar stretching departmental No. 22 channel of the great bridge of Beauvoir Poirot fields junction Canal Bridge with the stretching of le Dain j. Canal Pike end of stretching the dirty Louippe on any course channel channel the Epoix or suede barracks said Fresne life bridge of no-Opton Jaunay Pont du Jaunay Island Bridge Vertou Falleron or stretching of the port the port lock Rock Rock Ligneron lock of the Marsh Rouches Guy-Châtenay or river of Talmont Bourg de Talmont Auzance bridge of the strike Canal du Perrier lock located at the confluence of the channel or the stretching of the bar mount Panda 50 meters upstream of the island Bernard channel of the high seas
A little upstream from the village of the high seas, to the village of the Board the Lay dam of Moricq channel of the Dune the Dune channel old dam of Triaize channel Raque dam of the Gravelle channel of Luzon Salé on all its course Sèvre niortaise and channel of Marans at the dam-lock Brault of the golden cage (Marans) arm of the Sèvre said River of the mill of Marsh dam and lock the Enfrenaux relief of the Sèvre says channel of Pomerius soft on all its course Charente chime, confluence of the Charente and the Boutonne Canal of the Charente in the Seudre dam of Biard Boutonne gentle on all its course channel of door lock Voutron channel of Brouage channel of the Charente at the Seudre Canal de Charras lock of Charras channel bridge Red lock of Marsh St. Louis channel of Vergeroux lock of Vergeroux channel of Mérignac lock barring channel channel of Daire
Bridge of Melon Seudre lock of Ribérou (Saujon) channel of false (right bank of the Seudre) towards the bridge established at the level of the tributary stream channel of Marennes upper ends of the afloat basin channel of Lindron hunting Luzac channel lock and its tributaries Sales on all their course channel Recoulaine Sale on all its course channel of frozen road bridge vicinal Nieulle channel of Pande watermill channels of large and small Margot
Salt on all their course channel of low strain dirty on all its course channel of Châlons Eclusette at the top of the channel channel of Dercie hunting channel of Liman (left bank of the Seudre) lock Sale on all its course channel Fontbedeau Sale on all its course channel Plordornnier water mill channel of Mornac Salé on all its course channel of Coulonges Salé on all its course channel Chaillevette hunting channel Chatressac watermill channel lock Rock big, dirty on all its Orivol channel course salt on all its course channel of Grignon Salé on all its course channel Equillate Sale on all its course channel of Coux Salé on all its course channel Lasse dirty on all its course channel of the Tremblade hunting barring the two branches of the channel channel Peride dirty on all its course channel of Brandelle Sale on all its channel of Putet Salé course on all its course channel de Conac hunting lock channel of Charron hunting lock channel de Maubert hunting lock channel de Mortagne upper end of afloat basin of Saint-Seurin of D'uzet Canal water Canal of Monnards 1st mill branch, mill water.
2nd branch, vicinal bridge Canal de Talmont lock hunting channel of Meschers lock hunting Dordogne sweet on all his course Isles sweet on all its course Dronne sweet on all its course channel du Verdon bridge de Toucq Garonne sweet on all its course Gironde profile survey of roads and bridges through the fire of Ambès beak Creek of waxes or Creek of Harbaris bridge of the coastal trail Creek County Road départementale n ° 3
Stream of the Betey upstream of the promenade from the Creek of the Rue Roger - Belliard Berle of Cassy Massurat Marina Route départementale n ° 3 Creek from the Port of Cassy Route départementale n ° 3 Lanton stream (or Brook of rust), Middle Creek, Passaduy Creek (or Pierrillon channel), Ponteils gateway of the coastal trail Creek of Aiguemorte Creek (or berle of Cabanasses) gateway of the stream of Aiguemorte Creek from Saint - Yves Comprian Vigneau Comprian Street Brook Street
Tagon Creek (or the Broustouse craste) Street of Priory of Comprian Leyre in upstream of the bridge of Chevron channel of the Landes threshold pile, upriver from the railroad of Canal ponds bridge of Bredouille current of Mimizan A 1 850 metres from the low water mark (500 m downstream from the bridge of the Trounques) aware of Contis 700 metres downstream from bridge Rose current of Huchet A 800 metres from the low water mark
Adour Château Montpellier or Roles, opposite the large wharf at port of Urt Luy sweet on its course Gave Pau sweet on all his course Gave of Oloron sweet on its course channel and pond Hossegor Sales throughout their stream of Bouret bridge of Hierm power of Capbreton or Boudigau bridge Lajus, 1 820 metres from Capbreton current of Vieux-Boucau Lantern : 1st branch, coming from the étang de Soustons 2nd branch, the Ruisseau de Messange dam of the pond of Pinsolle diversion dam of aware of Soustons threshold of Mail Bhalla sweet on all its Nive Chapitalia course, a commune in Villefranque Ouhabia immediately downstream of the bridge of the RN 10 Oncin or Untxin Pelenia Baldareta upstream from the lower Lagoon the Kaveh Handia immediate of the bridge the most downstream Creek Nivelle stone bridge to Ascain the Etxail at the level of the last threshold natural on its lower stream of the Viviers Basques upstream of the lagoon part Bidasoa Ruppia Borda Mentaberri last threshold concreted downstream from the Creek at height of the centre of holiday Haicabia coastal region of the Mediterranean the Tech 750 metres from the shore to the separation of the communes of Argelès and Elne La Têt A 464 metres from the sea, in a line from the intersection of the path of Grabateil with the left bank of the TFW and crossing the river perpendicular to its course Agly 520 metres from the shore of the sea, a line from the upstream end Dam no. 11 to Terminal No. 12 Aude Bac de Fleury, at 7,300 metres of the sea channel of Sainte - Marie was halfway to the bridge of the poor and the Pont des Bergers (or Pont des Patres) Robine or channel of the Aude at the new lock de Mandirac 12 885 metres from the new channel or epanchoir Mandirac A 450 metres from the grande Chaussée de Mandirac pulling the etang de Bages Canaleta new or the dirty careers on all its courses in Hérault pavement of Agde, known as the Orb mill rolls or not de Los Egos Canal du Midi A the first lock from the etang de Thau in Béziers (Bagnas lock) channel of this Sale on all its course la Peyrade Sale on all its course channel
Channel of the dirty ponds on all its course side channel to the étang de Mauguio dirty on all its course Radelle dirty on its course channel channel of Grau-du-Roi dirty on all its course Rubin of Vic Salé on all its channel of Grau-du-Lez course at the lower level of the third lock River the Mosson from its mouth in the Lez until the masonry that exists on the right bank 200 metres around the gap of separation Mr. de Paul Canal de Lunel Salé on any property its channel of Sylvéréal Salé on any course its channel of Bourgidou Sale on all course its course channel of Peccais Salé on everything his course dead Rhône dirty on all his course Rhône said Saint-Roman dirty on all its Rhône course vif dirty on all its course the Vidourle at the dam of Terre-de-Port channel of Mauguio (called curing) dirty on its course channel of Pyramid Sale on all its course Candillargues channel Sale on all its course channel said Canaleta dirty on all its course channel of Grau-de-Pérols dirty on all its course channel of Carnon Salé on all its course Canal de Beaucaire at Franquevaux Rhône Bridge: - large industry - small branch has the normal passing through the South end of the St. Louis Wharf , which separates the river channel St. Louis A lock of the canal de Sylvereal Canal du Rhône in Fos lock of Barcarin channel of Arles in Fos book of rejection built PK 31,910 the Gapeau dam masonry set at 1,500 metres upstream from the bridge of railway company PLM (branch of the Pauline at Salins-Hyères) Fiume Santo

A section of stream water taken at the right of the lower end of the property of the Nice widow (Rose) and registered in the land register under no. 34, section C, sheet 1 Fiume Vughio A Sandy bar which closes the mouth of this river Aliso or Nebio 1 150 meters upstream head downstream of the bridge forming the crossing of National Highway No. 199 Golo River says channel of Tanghiccia 1,500 metres upstream of the mouth. End of the canal in the pond of Biguglia coastline of Guadeloupe La Lézarde confluence of the crack and the Rivière de la Trinité mosquito invert of the national road No. 1 tip-to-Pitre-bass-Earth small river at guava invert of the national road No. 1 Pointe-à-Pitre Basse-Terre Grande River at guava downstream end of the pier of the factories overseas to Subercazeaux Canal des Rotours invert of the national road No. 6 Ravine Northwest of Bay of the mould bridge crossed by national road No. 6 Audouin bridge River linking the agglomeration of the mould to the neighborhood of the other edge other rivers and gullies pebbles bar forming the mouth * (*) bottom of the cliff, where appropriate limits of salinity of waters merged with the transverse limit of the sea because on 26 December 2014.
François Hollande by the President of the Republic: Prime Minister Manuel Valls the Minister of ecology, sustainable development and energy, Ségolène Royal Minister of overseas, George Pau-Langevin

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