Key Benefits:
Publics concerned: legal persons, natural persons, deconcentrated services.
Purpose: Approval of a deliberation of the National Committee on Maritime Fisheries and Marine Animals on the conditions for the exercise of the Saint-Jacques Shellfish.
Entry into force: the text comes into force on the day after publication.
Notice: This Order makes mandatory a deliberation No. B54/2015 of the National Committee on Maritime Fisheries and Marine Livestocks on the conditions for the exercise of the Saint-Jacques shellfish.
References: This Order is available on the website Légifrance (http://www/legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Considering Council Regulation (EC) No. 1954/2003 of 4 November 2003 concerning the management of the fishing effort in respect of certain areas and community fishing resources, amending Regulation (EC) No. 2847/93 and repealing Regulation (EC) No. 685/95 and (EC) No. 2027/95;
Having regard to Regulation (EC) No. 2103/2004 of 9 December 2004 on the transmission of data concerning certain fisheries of Western waters and the Baltic Sea;
Having regard to Council Regulation (EC) No. 700/2006 of 25 April 2006 repealing Regulation (EC) No. 3690/93 establishing a community regime setting the minimum information rules for fishing licences;
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community Control Regime to ensure compliance with the rules of the Common Fisheries Policy;
Having regard to Regulation (EC) No. 404/2011 of 8 April 2011 on the terms and conditions for the application of Regulation (EC) No. 1224/2009 of the Council establishing a Community control regime to ensure compliance with the rules of the Common Fisheries Policy;
Having regard to Council Regulation (EU) No. 227/2013 of the European Parliament and Council of 13 March 2013 amending Council Regulation (EC) No. 850/98 on the conservation of fishing resources through technical measures for the protection of juveniles of marine organisms;
Having regard to Regulation (EU) No. 1380/2013 of the European Parliament and Council of 11 December 2013 on the Common Fisheries Policy amending Council Regulation (EC) No. 1954/2003 and (EC) No. 1224/2009 and repealing Council Regulation (EC) No. 2371/2002 and (EC) No. 639/2004 and Council Decision 2004/585/EC;
Vu le Rural Code and Maritime Fishing ;
Having regard to the 18 July 1990 Order on the Obligation of Statistical Declarations on Maritime Fisheries Products;
Having regard to the Order of May 12, 2003 regulating the fishing of the Saint-Jacques shellfish;
Having regard to the April 25, 2012 decree establishing a fishing authorization for the fishing of shellfish;
Having regard to the Order of 9 April 2013 approving the rules of procedure of the CNPMEM;
Having regard to the March 18, 2015 decision on reporting obligations in respect of marine fisheries;
In view of the request of the National Committee on Maritime Fisheries and Marine Animals,
Stop it!
Deliberation No.B54/2015 of the National Committee on Maritime Fisheries and Marine Livestocks of July 23, 2015 on the conditions for the exercise of the fishing of the Saint-Jacques shellfish is approved. It is annexed to this Order.
The Director of Maritime Fisheries and Aquaculture and the Interregional Directors of the Sea are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
ANNEXES
Annex
OFFICE NO. B54/2015
Conditions for the Exercise of the St. James Shell Fishing
Having regard to Council Regulation (EC) No. 1954/2003 of 4 November 2003 concerning the management of the fishing effort in respect of certain areas and community fishing resources, amending Regulation (EC) No. 2847/93 and repealing Regulation (EC) No. 685/95 and (EC) No. 2027/95;
Considering Regulation (EC) No. 1415/2004 of 19 July 2004 setting the maximum annual level of fishing effort for certain fishing and fishing areas;
Having regard to Regulation (EC) No. 2103/2004 of 9 December 2004 on the transmission of data concerning certain fisheries of Western waters and the Baltic Sea;
Having regard to Council Regulation (EC) No. 700/2006 of 25 April 2006 repealing Regulation (EC) No. 3690/93 establishing a community regime setting the minimum information rules for fishing licences;
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community Control Regime to ensure compliance with the rules of the Common Fisheries Policy;
Having regard to Council Regulation (EU) No. 227/2013 of the European Parliament and Council of 13 March 2013 amending Council Regulation (EC) No. 850/98 on the conservation of fishing resources through technical measures for the protection of juveniles of marine organisms;
Having regard to Regulation (EU) No. 1380/2013 of the European Parliament and Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulation (EC) No. 1954/2003 and (EC) No. 1224/2009 and repealing Council Regulation (EC) No. 2371/2002 and (EC) No. 639/2004 and Council Decision 2004/585/EC;
Vu le Rural Code and Maritime Fishingarticles L. 912-2, L. 941-1, L. 946-6 and R. 912-1 to R. 912-17;
Having regard to the Order of May 12, 2003 regulating the fishing of the Saint-Jacques shellfish;
Having regard to the April 25, 2012 decree establishing a fishing authorization for the fishing of shellfish;
Having regard to the 18 July 1990 Order on the Obligation of Statistical Declarations on Maritime Fisheries Products;
Having regard to the Order of 9 April 2013 approving the rules of procedure of the CNPMEM;
Having regard to the public consultation on the draft deliberation from 29 June 2015 to 19 July 2015 on the website of the CNPMEM;
Considering the need to provide for the specific conditions for the award of the fishing licence of the Saint-Jacques shell;
Considering the need to adjust the fishing effort to the available fisheries resources, to the socio-economic aspects, to the possibilities of absorption of the market at a equilibrium price, as well as to the community obligations to supervise the fishing of the Saint-Jacques shellfish;
On the proposal of the "fishing shells" Commission, July 1, 2015,
The bureau shall adopt the following provisions:
I. - GENERAL PROVISIONS
Article 1
Scope
1.1. The exercise of the fishing in the Saint-Jacques shellfish is subject to the detention of the "license Saint-Jacques shell", with the exception of the Mediterranean Sea. This licence has a value of European fishing authorization within the meaning of community regulations.
1.2. The licence shall be issued, by delegation of the National Committee for Maritime Fisheries and Marine Livestocks and, after its validation, by the Regional Committees for Maritime Fisheries and Marine Animals within the limits of the quotas set out in Article 3.
1.3.The licence is valid for the duration of the fishing campaign for which it is issued within twelve months.
1.4. Definitions:
- "owner": a natural or legal person who operates the ship on his behalf, whether or not the owner of the ship;
- "Community Fishing Licence": Licence defined by Regulation (EC) No 700/2006. It gives its holder the right, within the limits set by national and community regulations, to use a certain fishing capacity for the commercial exploitation of living aquatic resources.
Article 2
Licensees
The "Saint-Jacques Shell Licence" is attributed to the shipowner for the operation of a particular ship.
In the event of co-operating the vessel, in a societal form or not, the licensee is the licensee with the largest number of shares.
In the event of the co-operating of the vessel on an equal share or partnership basis, the co-operators or the corporation shall designate the licensee.
II. - MANAGEMENT RULES
Article 3
Licence components
The licences referred to in Article 1 shall be divided as follows:
(a) For areas CIEM IV and VII:
| (*) North, Pas-de-Calais, Picardie | 59 |
| (*) Upper Normandy | 78 |
| (*) Lower Normandy | 220 |
| (*) Brittany | 370 |
| Total | 727 |
(b) For CIEM VIII:
| (*) Brittany | 150 |
| (*) Pays de la Loire | 68 |
| (*) Poitou-Charentes | 140 |
| Total | 358 |
Article 4
Technical measures
4.1. The fishing of the Saint-Jacques shellfish is allowed using dredged dredging whose size of the inner diameter of the rings is at least 92 millimetres, excluding any other fishing gear.
4.2. Diving fishing is permitted only on the fields of Ille-et-Vilaine and Côtes-d'Armor. An assessment will be made following each fishing campaign.
4.3. Subject to a favourable opinion from the CNPMEM's "fishing shells" Commission, CPMR may be allowed to conduct a diving fishing experiment on the deposits of their jurisdiction during two fishing campaigns.
4.4. The diving fishing exercise under sections 4.2 and 4.3 is subject to the provisions of Appendix 2.
4.5. MMRWRCs may also grant, subject to royalties as of September 30, 2009, diving licences for the Saint-Jacques shellfish on the deposits they have jurisdiction.
Article 5
VMS equipment
5.1. VMS equipment is mandatory for all vessels carrying the fishing activity of the Saint-Jacques shell in the waters referred to in 1.R.* 911-3 of the Rural and Maritime Fisheries Code (High-Normandy Prefect jurisdiction area), regardless of vessel length.
5.2. VMS equipment is mandatory for all vessels carrying the fishing activity of the Saint-Jacques shell in the area beyond the 12 miles of the waters of the CIEM VII area referred to in 2 of Article R.* 911-3 of the Rural and Maritime Fisheries Coderegardless of the length of the vessel.
5.3. For vessels that have not received public subsidy for VMS equipment, the issuance of the VMS tag under sections 5.1 and 5.2 is mandatory only when the vessel is armed with the Saint-Jacques shell.
Article 6
Campaign organization and specific management arrangements
6.1. The opening date of the fishing campaign of the Saint-Jacques shell is set on the first working day of October. The end of the campaign is set for all French ships on 14 May, regardless of the area.
6.2. The scallop shells subject to decay as a result of the regulations resulting from contamination by the ASP must be weighed and recorded either in a cried or in a registered landing point and in the presence of an agent mandated by the shout.
III. - ATRBUTION PROCEDURE
Article 7
Conditions of eligibility
In addition to the provisions of the above-mentioned Orders, the applicant for the "Saint-Jacques Shell Licence" must:
- be active in the community fleet file;
- holding a community fishing licence
- holding a SME;
- exercise marine fishing activity as a principal;
- having paid the payment of the mandatory professional contribution on the day of the licensing (excluding first facilities);
- having made mandatory statistical statements.
Article 8
Award priority order
In the event that the number of licence applicants exceeds the quota provided for in section 3, the licences are issued in the following allocation order:
(a) Licensees in the previous campaign or, in the event of a duly recognized force majeure, in the immediate preceding campaigns;
(b) Renewals with change of ships;
(c) For new applications, taking into account socio-economic equilibriums, market directions and, if necessary, the date of receipt of the records to the Marine Fisheries and Marine Animals Committees receiving the licence application file.
Regional Maritime Fisheries and Marine Animals Committees may provide for additional provisions to establish the licensing order.
Article 9
Licence applications
9.1. Filing of applications.
The licence is requested by the natural or legal person operating the vessel concerned.
The application for a national licence Saint-Jacques shell is addressed to the regional committee for instruction. However, regional committees may by deliberation delegate the competence to collect and investigate applications for licences to departmental or interdepartmental committees.
The deadline for sending or filing applications for Saint-Jacques national licence is set by the regional committees.
The content of licence application files, based on the previously defined allocation criteria, is set by the regional committees.
It shall contain, at a minimum, information for the Community Fisheries Licence and for the European Fisheries Authority (annex to Regulation (EC) No 1281/2005).
9.2. Processing of applications.
In the event that the authority for the collection and instruction of licence application files has been delegated to departmental or interdepartmental committees, the committees shall send to the regional committees the applications for licences they have received.
Licence applications must include a visa from the departmental direction of the territories and the sea or delegation to the sea and the coast.
In the light of the parts that are transmitted to them or as a result of the instruction they have carried out, the latter shall send to the CNPMEM no later than 31 August before the fishing campaign the list of the shipowners/navires pairs to which they wish to issue the national Saint-Jacques shell licence.
This transmission, to be carried out in the format set out in Annex 1 electronically, is accompanied by a cheque corresponding to the amount of the assessment, the amount of which is determined by the annual deliberation of the NPMEM, of the ships to which the licence is proposed.
9.3. Licensing
CNPMEM conducts the necessary audits and, where appropriate, requests the CPMR to complete the applications.
It shall forward the third week of September the lists verified to the EM CPMR.
For applications after 31 August, the CNPMEM completes these formalities the month following receipt of the application.
Following the validation of the CNPMEM, the CRPMEM issues the licence and notify the applicants of the award or refusal to grant the national Saint-Jacques shell licence for the fishing campaign concerned.
IV. - REGULATIONS AND LICENCE IMPLEMENTATION
Article 10
Establishment and updating of lists
In accordance with Regulation (EC) No. 2103/2004, the CNPMEM sets out the list of Saint-Jacques national licence holders and transmits it in the form of tables to the DPMA and to the control services.
CPMREM notifies the CNPMEM of all movements of ships that have occurred during the campaign and involving a breakdown of the shipowner-navior couple holding the national Saint-Jacques shell licence, and CNPMEM transmits to the DPMA the list once updated.
Article 11
Repression of offences, suspension and/or withdrawal of the licence
11.1. Offences against this deliberation and those taken for its application are sought and prosecuted in accordance with articles L. 941-1, L. 946-2, L. 946-5 and L. 946-6 Rural code and maritime fishing.
11.2. Further, pursuant to Article L. 942-2 of the Rural and Maritime Fisheries Code, the research and recognition of offences under this deliberation may be carried out by sworn law enforcement officers recruited by the Regional Maritime Fisheries and Marine Animals Committees.
Article 12
Implementation of deliberation
The presidents of the NMMP, CPMR, CDPMEM and CIDPMEM are responsible, each with regard to the application of this deliberation.
Article 13
This deliberation cancels and replaces deliberation No. B21/2014 of the CNPMEM office of 10 April 2014.
Done in Paris, July 23, 2015.
The president,
G. Romiti
Annex 1
FORMAT DU FICHIER DES LICENCE COQUILLE SAINT-JACQUES
The file is to be transmitted in Excel format. Only one line per ship must be created. The minimum information contained in this file must indicate for each vessel the following data. These data will be the columns of the file.
| CRPMEM related grant | Format: CRPMEM Region Ex : CRPMEM Basse-Normandie | |
| Detention of European Fisheries Authorization (ex-PPS) St. James Shell | 1 The vessel is the holder of the European fishing authorization (ex-PPS) for the fishing of the Saint-Jacques shell, 0 otherwise | The "Saint-Jacques Shell" licence is a European Fisheries Authority (ex-PPS) for vessels affected by the criteria set out in Council Regulation CE 1627/94 of 27 June 1994, i.e., vessels of a total length of 10 metres or more and vessels of a total length of less than 10 metres that are likely to fish outside French territorial waters. |
| Registration file European fleet | FRA000 followed by 6 digits without space | This information must correspond to the information of the community fleet file. In the event of an error identified in the community fleet file, please report it as soon as possible to the relevant marine affairs services |
| Marine area | Ex: BL | |
| External registration | Without space | |
| Name of ship | Format text | |
| LHT (m) | Outside length in meters | |
| Power (kW) | Number | |
| Jauge (GT) | Number | |
| Name and surname | Name and name of the ship's ship's shipowner or arming company. In case of co-operation, indicate the name of the majority or designated co-operator. | |
| CPO contributor number | Number indicated in the last call for contributions (under the "insurable identification" section) | |
| Fishing equipment | Fishing equipment used for the licensed fishery (drug or dive) | |
| CIEM IV | 1 If the vessel has access in the area; 0 if not | |
| ICEM Zone VII | 1 If the vessel has access in the area; 0 if not | |
| ICEM VIII | 1 If the vessel has access in the area; 0 if not |
Annex 2
PROVISIONS CONCERNING THE PAST OF THE COQUILLE SAINT-JACQUES IN THE TIME OF ARTICLE 4
Conditions of eligibility for diving fishing
Be the licensee of the "Saint-Jacques Shell" licence on the applicable deposit(s).
On-board sailors practicing professional fishing activity in diving from the Saint-Jacques shell must be:
i. holders of the maritime booklet;
ii. the day of their medical visit related to the capacitary;
iii. day of their special dive medical visit;
iv. holders of a professional diving title (minimum class I).
Fisheries management measures
Specific fishing areas will be defined to allow maximum safety in a harmonious cohabitation.
Monitoring the establishment of the licence as part of an experiment
The screaming passage will be mandatory.
Specific fishing sheets will be prepared by boat, day and area, to allow regular monitoring of the fishery operation.
Each EM CPMR wishing to implement this experiment is committed to publishing annually a synthesis of the results of the operation of the Saint-Jacques dive shell, carried out in collaboration with Ifremer. The study will include a minima calculation of the fishing effort on the followed deposit and a comparison with the traditional fishing method (rague).
A specific approach of buyers may be provided by the relevant EM CPMR in order to bring a product value to the end.
An assessment will be made after the two years of experimentation and brought to the attention of the members of the "fishing shells" commission.
Done on September 11, 2015.
For the Minister and by delegation:
Deputy Director of Maritime Fisheries and Aquaculture,
L. Tourjansky
