Advanced Search

Decree Of September 11, 2015, Approving A Deliberation Of The National Committee For Maritime Fisheries And Marine Farms On The Organisation Of Fishing For Scallops In The East Channel Sector On The G...

Original Language Title: Arrêté du 11 septembre 2015 portant approbation d'une délibération du Comité national des pêches maritimes et des élevages marins relative à l'organisation de la pêche à la coquille Saint-Jacques dans le secteur de la Manche Est et sur le g...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF n°0212 of 13 September 2015 page 16001
text No. 8



Order of September 11, 2015 approving a deliberation of the National Committee for Maritime Fisheries and Marine Livestocks on the organization of the Saint-Jacques Shellfish in the Sector of the East Channel and on the classified deposit of the Seine Bay

NOR: DEVM1520671A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/9/11/DEVM1520671A/jo/texte


Publics concerned: legal persons, natural persons, deconcentrated services.
Subject: approval of a deliberation of the National Committee on Maritime Fisheries and Marine Livestocks on the organization of the Saint-Jacques Shellfish in the Sector of the East Channel and on the classified deposit of the Seine Bay.
Entry into force: the text comes into force on the day after publication.
Notice: This Order makes mandatory a deliberation No. B56/2015 of the National Committee on Maritime Fisheries and Marine Livestocks on the organization of the Saint-Jacques Shellfish in the Sector of the East Channel and on the classified deposit of the Seine Bay.
References: This Order is available on the website Légifrance (http://www/legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Having regard to Council Regulation (EC) No. 1954/2003 of 4 November 2003 concerning the management of the fishing effort in respect of certain areas and community fishing resources, amending Regulation (EC) No. 2847/93 and repealing Regulation (EC) No. 685/95 and (EC) No. 2027/95;
Considering Regulation (EC) No. 1415/2004 of 19 July 2004 setting the maximum annual level of fishing effort for certain fishing and fishing areas;
Having regard to Regulation (EC) No. 2103/2004 of 9 December 2004 on the transmission of data concerning certain fisheries of Western waters and the Baltic Sea;
Having regard to Council Regulation (EC) No. 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 decision of 2 November 2005 on the declaration of landing, the note of sale and related reporting obligations for marine fisheries products;
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!

Article 1


Deliberation No. B56/2015 of the National Committee on Maritime Fisheries and Marine Livestocks of July 23, 2015 on the organization of the Saint-Jacques Shellfish in the Sector of the East Channel and on the classified deposit of the Seine Bay is approved. It is annexed to this Order.

Article 2


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.

  • Annex


    Annex
    DELIBERATION OF THE OFFICE NO. B56/2015 RELATING TO THE ORGANIZATION OF THE WASTE OF THE WASTE IN THE SECTOR OF THE MANAGEMENT IS AND ON THE CLASSED GISEMENT OF THE WAY OF


    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. 027/95;
    Considering Regulation (EC) No. 1415/2004 of 19 July 2004 setting the maximum annual level of fishing effort for certain fishing and fishing areas;
    Having regard to Regulation (EC) No. 2103/2004 of 9 December 2004 on the transmission of data concerning certain fisheries of Western waters and the Baltic Sea;
    Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community Control Regime to ensure compliance with 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 Fishingincluding articles L. 912-2, L. 941-1, L. 946-6 and R. 912-1 to R. 912-17;
    Having regard to the decision of 2 November 2005 on the declaration of landing, the note of sale and related reporting obligations for marine 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 order 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;
    In view of the deliberation No. B54/2015 of the National Committee on Maritime Fisheries and Marine Livestocks on the conditions for the exercise of the Saint James Shellfish fishery;
    Having regard to the public consultation conducted from 29 June 2015 to 19 July 2015 on the website of the CNPMEM;
    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 and to the community obligations to supervise the fishing of the Saint-Jacques shellfish;
    On the proposal of the "fishing shells" commission of July 1, 2015,
    The bureau shall adopt the following provisions:


    I. GENERAL PROVISIONS


    Article 1
    Delimitation of the "baie de Seine" deposit


    The so-called Seine Bay area is between the coast and the following limits:


    - from the tip of Barfleur to the coordinates 49°41'84”N/001°03'636”W (former intersection with the DECCA E 59 hyperbole);
    - from coordinates 49°41'84”N / 001°03'636”W at coordinates 49°32'95”N / 000°43'65”W (former cross of DECCA E 59, and E O) ;
    - from coordinates 49°32'95”N / 000°43'65”W at coordinates 49°32'95”N / 000°17'20”W (located on hyperbole E O) ;
    - from the coordinates 49°32'95”N / 000°17'20”W at the cap of the Hève.


    Article 2
    Delimitation of the "East Channel Sector"


    The so-called "East Channel Area" includes the waters targeted toArticle 1 (1) of Decree No. 90-94 referred to aboveexcept:


    - of the area known as the bay of breast;
    - of the area called "northern deposit" delimited by the line linking the tip of the Hague, the buoy Basse Bréfort, the buoy of black stones, Cape Levi;
    - waters west of the Cotentin south of the parallel passing through the headlight of the Cape of Hague;


    Article 3
    Conditions of fishing on the deposit of Seine Bay


    3.1. In addition to the national licence "Saint-Jacques shell" created by the deliberation BXX/2015 of the National Committee for Paritimes Fisheries and above-mentioned marine herds, the exercise of the fishing of the Saint-Jacques shell on the deposit of the Seine Bay is conditioned to the detention of a specific fishing licence " Seine Bay".
    3.2. The licence shall be issued by delegation of the National Committee on Maritime Fisheries and Marine Livestocks by each regional committee on marine fisheries and livestock within the limits of its quotas under Article 10.
    3.3. The licence is valid for the duration of the fishing campaign for which it is issued within 12 months, and within the limits of the opening and closing dates fixed by order of the Prefect of Haute-Normandie.
    3.4. 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 1281/05. 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.


    3.5. The " Seine Bay" licence is issued 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.
    In addition to the provisions set out in the National Committee for Marine Fisheries and Marine Animals (NAC) No. B54/2015, the following management rules apply.


    II. - COMMON MANAGEMENT RULES


    Article 4
    Campaign organization


    4.1. Vessels licensed to fish the Saint-Jacques shell in the "East Channel Area" or on the classified deposit of the " Seine Bay" are allowed to make four landings per week, all areas.
    4.2. By derogation from the previous paragraph, vessels are authorized to make five landings per week during the last fifteen days of December.
    4.3. He's allowed only one landing a day.
    4.4. The maximum quantity allowed by landing is fixed to:


    - 1,800 kilograms per non-to-all vessel less than 15 metres;
    - 2,000 kilograms per non-all vessel between 15 and 16 metres;
    - 2,200 kilograms per vessel in length above 16 metres.


    4.5. By derogation from the previous paragraph, from a date fixed annually by the prefect of Haute-Normandie, on the proposal of the interregional commission "of the Sector East Channel", and as early as 1 November, vessels are authorized, in the "East Channel" sector, to disembark the following quantities:


    Number of landings
    Weekly
    MAXIMUM QUANTITY
    Out-of-all vessels
    less than 15 metres
    Out-of-all vessels
    between 15 and 16 meters included
    Length vessels
    above 16 metres

    4

    1,800 kg

    2,000 kg

    2 200 kg

    3

    2 400 kg

    2 660 kg

    2 930 kg

    2

    3,600 kg

    4 000 kg

    4 400 kg


    4.6. However, in order to ensure a certain degree of flexibility for vessels in the management of their fishing strategy, vessels that have used the derogation permitted by paragraph 4.5 during their first weekly landing may, for commercial or meteorological reasons, return to the initial landing rules set out in paragraph 4.4 during the same week, while respecting the maximum weekly quantity corresponding to the size of their vessel, as follows:


    - a non-to-all vessel less than 15 metres having completed a first weekly landing of 3,600 kg may carry out two additional landings of 1,800 kg during the same week;
    - a non-to-all vessel between 15 and 16 meters inclusive having carried out a first weekly landing of 4,000 kg may carry out two additional landings of 2,000 kg during the same week;
    - a vessel with a maximum length of 16 metres having completed a first weekly landing of 4,400 kg will be able to carry out two additional landings of 2,200 kg during the same week.


    Article 5
    Obligation of landing points


    Each regional committee, in consultation with the Maritime Affairs Services, is required to define for its area of competence the mandatory landing points of the Saint-Jacques shell. The weighing and recording are mandatory at each landing point.


    Article 6
    Obligation of capture and landing declaration


    Each licensee is required to report its captures that it will include in the community logbook or, where applicable, the fishing card as per the regulations in force.
    In the absence of a statistical declaration to the competent authorities, the licence will not be renewed.


    Article 7
    Establishment of a competent group on issues related to the contamination of the Santiago shells by phycotoxins


    Regardless of the specific prerogatives of each of the relevant regional committees and the competences assigned to the interregional commissions of the "East Channel" and " Seine Bay" created by articles 8 and 11, a decision-making group is formed to propose to the prefect of Haute-Normandie the fisheries management measures related to the contamination of the Saint-Jacques shells by phycotoxins (type ASP, DSP, P). Its composition is not nominative and includes, according to the topic mentioned, representatives of the national commission "pche shells", of the CPMREM of the Manche facade OP.


    III. - MANAGEMENT RULES IN THE "SECTOR MANY IS"


    Article 8
    Establishment of an interregional commission "of the East Channel Sector"


    Apart from the prerogatives specific to each of the regional committees concerned, it is constituted an interregional commission "of the East Channel sector". It is responsible for ensuring the harmonization of the management rules of the Saint-Jacques shell resource of the "East Channel" sector and proposing supervisory measures to the prefect of Haute-Normandie. The Commission is composed of the following members:


    - the president or, in the event of an impediment, the vice-president of the National Commission "fishing shells";
    - four representatives of the North CPMREM - Pas-de-Calais - Picardie, Haute-Normandie and Basse-Normandie, including three sailors on board each time;
    - a representative of the UK CPMREM;
    - a representative of the organization of producers of the Maritime Cooperative;
    - a representative of the producer organization FROM Nord;
    - a representative of the Organisation of Producers of Lower Normandy.


    Shipped sailors and representatives of the EM CPMR must be designated by each EM CPMR.
    Also invited to participate in this commission:


    - the Chairman of the National Committee on Maritime Fisheries and Marine Animals;
    - a representative of the interregional direction of the sea of the area of Eastern and North Sea;
    - as an expert: an IFREMER representative.


    IV. - MANAGEMENT RULES OF THE SEINA PAST


    Article 9
    Technical measures


    Only vessels with an off-to-all length of 16 metres and with a motor power of less than or equal to 330 kW (450 CV) are allowed to fish the Saint-Jacques shell on the classified deposit of the Seine Bay.
    By derogation and on a viager principle, proprietary/navire couples whose vessels do not meet the above-mentioned length and power criteria and benefiting from an anteriority attested to by the possession of the "bay de Seine" licence on October 1, 1997, are also allowed to practise this fishery.


    Article 10
    Licensing and distribution of a contingent


    10.1. The quota of fishing licences for the Saint-Jacques shell on the classified deposit of the Seine Bay is set at 222.
    10.2. This quota of licences is distributed as follows among the three regional Maritime Fisheries and Marine Livestock Committees concerned:


    CRPMEM
    CONTINGENT DE LICENCES

    North - Pas-de-Calais - Picardie

    10

    Haute-Normandie

    54

    Lower Normandy

    158

    Total

    222


    Article 11
    Creation of an interregional commission « Baie de Seine »


    Regardless of the specific prerogatives of each of the relevant regional committees, it is constituted an interregional commission "Break of Seine". It is responsible for ensuring the harmonization of the rules for the management of the Saint-Jacques shell resource of the Seine Bay and proposing supervisory measures to the prefect of Haute-Normandie.
    The Commission is composed of the following members:


    - the president or in case of incapacity, the vice president of the national commission "fishing shells";
    - a representative of the North CPMREM - Pas-de-Calais;
    - two representatives of the CPMREM of Haute-Normandie;
    - three representatives of the CRPMEM in Lower Normandy;
    - a representative of the organization of producers of the Maritime Cooperative;
    - a representative of the producer organization FROM Nord;
    - a representative of the Organisation of Producers of Lower Normandy.


    Also invited to participate in this commission:


    - the Chairman of the National Committee on Maritime Fisheries and Marine Animals;
    - a representative of the interregional direction of the sea of the area of Eastern and North Sea;
    - as an expert: an IFREMER representative.


    V. - PROCEDURE FOR ATRIBUTION OF THE SEINA LICENCE


    Article 12
    Conditions of eligibility


    In addition to the provisions of the above-mentioned Orders, the applicant for the " Baie de Seine" licence must:


    - be active in the community fleet file;
    - hold 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 13
    Award priority order


    In the event that the number of licence applicants exceeds the quota provided for in section 10, 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 a change of ships, provided that the vessel meets the criteria for access to the deposit(s);
    (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.
    Remove categories a and b licensees of a licence that can justify the capture of Saint-Jacques shells (by the provision of a statement of captures of Saint-Jacques shells on the deposit concerned), during the two campaigns prior to the application, except in the case of exceptional circumstances duly justified.
    In the opposite case, they are considered to be "new demand", subject to the above.
    Regional Maritime Fisheries and Marine Animals Committees may provide for additional provisions to establish the licensing order.
    These measures are taken in a uniform manner. Otherwise, they are determined by the National Committee.


    Article 14
    Licence applications


    The licence is requested by the natural or legal person operating the vessel concerned.
    The application for a " Seine Bay" licence is addressed to the secretariat of the regional committees. Regional committees may by deliberation delegate the authority to collect and investigate applications for licences to departmental or interdepartmental committees.
    The deadline for applications for licences is set by the regional committees. Licence applications must include a visa from the departmental direction of the territories and the sea and delegation to the sea and the coast.
    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 I to Regulation [EC] No. 1281/2005).
    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 applications for licences to the regional committees. In view of the pieces that are transmitted to them, the latter issued the licence "Bay of Seine".


    VI. - REGULATIONS


    Article 15
    Updated lists


    In accordance with Regulation (EC) 2103/2004, the regional committees shall transmit the list of licences issued electronically to the National Committee for Maritime Fisheries and Marine Livestocks, as well as to the departmental branches of the territories and the sea or to the interregional branches of the sea concerned.
    The Regional Committees shall ensure that these lists are updated and transmitted under the same conditions. The format for transmission of these lists is specified in the Appendix to deliberation B54/2015 of the NMMP.


    Article 16
    Repression of offences


    16.1. 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.
    16.2. 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 17
    Implementation of deliberation


    The chairs of the National and Regional Committees on Maritime Fisheries and Marine Livestocks are responsible for the implementation of this deliberation.


    Article 18


    This deliberation cancels and replaces deliberation No. B23/2014 of the CNPMEM office of 10 April 2014.


    Done in Paris, July 23, 2015.


    The president,
    G. Romiti


Done on September 11, 2015.


For the Minister and by delegation:

Deputy Director of Maritime Fisheries and Aquaculture,

L. Tourjansky


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.23 Mo) Download the document in RDF (format: rdf, weight < 1 MB)