Regulation (EC) No 1380/20123 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009, Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004 /5857EC are repealed and are intended to ensure that fishing activities are environmentally sustainable in the long term and are manage in a consistent manner with the objectives of generating economic, social and economic benefits employment, and to contribute to the availability of food products.

In particular, Articles 16 and 17 refer to the allocation of fishing opportunities to Member States and the possibility for Member States to allocate them equally to vessels flying their flag.

Council Regulation (EC) No 2166/2005 of 20 December 2005 laying down measures for the recovery of the southern stock of European hake and of Norway lobster in the Cantabrian Sea and in the west of the Peninsula On the basis of Article 8 of Regulation (EC) No 850/98 on the conservation of fishery resources by means of technical measures for the protection of juveniles of marine organisms, it lays down a system of fishing effort. limitation of fishing days until a fishing mortality of less than 0,27 is reached. This limitation of fishing effort is collected annually in Annex IIB of the corresponding TAC and quota regulation. The Annex also states that there is a need for fishing activity in the area in the years 2002 to 2013, in order to allow a vessel to be authorised to fish within the European Southern Merluza Recovery Plan and Norway lobster. Part of the vessels of the census in Annex I shall not have fishing opportunities for hake by not complying with this requirement.

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the common fisheries policy, as set out in Article 105 deductions to be applied in cases where the quota available for a particular species is exceeded.

For their part, Law 3/2001, of March 26, of Maritime Fisheries of the State, states in its article 8 that the holder of the Department may adopt measures of regulation of the fishing effort, finding among themselves the limitation of the fishing activity time. In addition, Article 27 provides for the option of distribution of fishing opportunities on the basis of catch or quota volumes and enables the holder of the Department to distribute them in order to improve the management and control of the activity. fishing.

In this sense, the agreement signed between the Governments of the Kingdom of Spain and the Portuguese Republic, represented by the Ministers of Agriculture, Fisheries and Food by Spain and Agriculture and the Sea by the Portugal, is intended to maintain beneficial relations within the framework of the general principles of Community legislation on the management of fishing effort, thereby forcing the publication of implementing rules.

The overall quota allocated to Spain for each species is initially divided between the different fishing grounds, North West Cantabrian and Gulf of Cadiz, as well as the share of the quota for the trawlers. in the waters of Portugal, by means of Order AAA/130 7/2013 of 1 July 2013 establishing a Management Plan for the vessels of the censuses of the National Caladery of the Cantabrian and Northwest. That order sets out in Annex VI the distribution of species quotas for bottom trawlers fishing in waters of Sub-area IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal

In addition to Order AAA/1537/2013 of 31 July, amending Order AAA/627/2013 of 15 April establishing a Management Plan for the vessels of the censuses of the National Gulf of Cadiz, collects also in Annex V to the distribution of species quotas for bottom trawlers fishing in those waters of sub-area IX under Portuguese jurisdiction or sovereignty.

The management of the bottom trawler fishery in waters of sub-zone IX of the International Sea Exploration Council under the sovereignty or jurisdiction of Portugal has been regulated through the Order APA/6/2004 of 12 January 2004 regulating the trawling fishery in Community waters of zone IX of the International Council for the Exploration of the Sea (ICES).

In order to improve the management of the quotas allocated to Spain in the waters of Portugal, in ICES zone IX and to ensure the fishing fleet activity throughout the year, it is appropriate that the vessels registered in the Bottom trawling and fishing in the waters of Sub-area IX of the International Sea Exploration Council subject to the sovereignty or jurisdiction of Portugal and having accredited activity in the fishing area as set out in point 4.1 of the Annex IIB of the TAC and quotas regulation may have an individualised form of their fishing opportunities. This is without prejudice to the fact that the management of fishing opportunities can be carried out by the associations in which the vessels are collectively included, where appropriate.

The allocation of fishing opportunities for species subject to the TACS regime and quotas provided for in this order has been made following the agreement reached between the vessels belonging to this census under the terms of the the fisheries carried out by each vessel at the time of publication of this order.

According to the regulations in force, particularly Articles 5 and 27 of Law 3/2001, of 26 March, the criterion for the distribution of fishing opportunities of each year for bottom trawlers fishing in waters of Sub-area IX of the International Sea Exploration Council subject to the sovereignty or jurisdiction of Portugal shall be based on the basis of which individual vessels are available for each vessel in accordance with the situation in January of each year for the year in question. course, set out in the relevant resolution of the General Secretariat for Fisheries.

In order to optimise the use of fishing quotas allocated to Spain, fishing opportunities which have not been used at the end of the year may be transferred individually for each vessel for consumption. in the following year, in accordance with the provisions of Council Regulation (EC) No 847/96 of 6 May 1996 laying down additional conditions for the annual management of TACs and quotas.

The allocation of fishing opportunities for the catch of the species referred to in this order is without prejudice to the fishing opportunities for catches of other species attributed to Spain whose quotas are so low. entity that does not advise individual allocation to each vessel or census.

In order to speed up the management of fisheries and to allow for business planning, the procedure for the transmission of fishing opportunities between bottom trawlers is developed in this ministerial order. fishing in the waters of Sub-zone IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal and only for species subject to the TACS and quota arrangements provided for in this order.

On the other hand, proper management of the fisheries requires the definitive closure of the Census of bottom trawlers fishing in Portuguese waters of the International Council for the Exploration of the Sea (International Council for the Exploration of the Sea

.

The procedure for communication to the European Commission provided for in Article 46 of Council Regulation (EC) No 850/1998 of 30 March 1998 for the conservation of fishery resources through measures has been carried out. techniques for the protection of juveniles of marine organisms.

In the preparation of this order the fishing sector and the Autonomous Communities of Galicia and Andalusia, as well as the Spanish Institute of Oceanography, have been consulted.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and scope of application.

1. The purpose of this order is to regulate the fishery for the census of vessels fishing with bottom trawling gear in waters of Sub-area IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal, and distribute the fishing opportunities allocated to this census within the IXa division.

2. It shall apply to Spanish flag vessels censured in the form of bottom trawling in waters of Sub-zone IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal.

3. The global quotas allocated to Spain shall be distributed to vessels belonging to the bottom trawl Census in the waters of Sub-zone IX of the International Sea Exploration Council under the sovereignty or jurisdiction of Portugal under the terms of the criteria set out in Order AAA/130 7/2013 of 1 July 2013 establishing a management plan for vessels of the censuses of the National Caladero del Cantabrian and North West, and Order AAA/627/2013 of 15 April, establishing a management plan for the a management plan for the vessels of the censuses of the Gulf of Cadiz national fishing grounds, which are specified in Annex II to this order.

Article 2. Census of ships.

The census of vessels fishing with bottom trawling gear in waters of Sub-area IX of the International Sea Exploration Council under the sovereignty or jurisdiction of Portugal is reflected in Annex I to this Regulation. order.

Article 3. Nominee list of vessels.

Ships belonging to this census shall be included in a list of vessels authorised under the Agreement between the Governments of Spain and Portugal to fish for trawling in ICES zone IX in waters subject to the sovereignty or jurisdiction of Portugal.

Article 4. Distribution of fishing opportunities.

1. The census of vessels fishing with trawlers in the waters of sub-zone IX of the International Sea Exploration Council under the sovereignty or jurisdiction of Portugal shall be allocated to the census of the corresponding percentage of the Spanish quota of the fishing opportunities for Norway lobster (Nephrops norvegicus NEP/93411), rooster (Lepidorhombus spp LEZ/8C3411), blue whiting (Micromesistius poutassou WHB/8C3411), rape (Lophiidae ANF/8C3411), horse mackerel IX (Trachurus spp JAX/09) and hake (Merluccius merluccius HKE/8C3411) to which refers to Article 1.

2. The global quotas allocated to the census of vessels fishing with bottom trawling gear in waters of Sub-zone IX of the International Sea Exploration Council under the sovereignty or jurisdiction of Portugal shall be distributed among the vessels which make up such a census in accordance with the criteria laid down in the preamble and as specified in Article 1 and in Annexes II and III of this order.

3. Each year, at the beginning of the fishing year, the General Secretariat for Fisheries shall communicate by resolution published in the Official State Gazette the available quotas of the different species referred to in paragraph 1.

It will be applicable to these vessels for a 10% annual flexibility of individual quota, as provided for in Council Regulation (EEC) No 847/96 of 6 May 1996 laying down additional conditions for the annual management of TACs and quotas.

4. The distribution of fishing opportunities by bottom trawlers in the waters of Sub-zone IX of the International Sea Exploration Council subject to the sovereignty or jurisdiction of Portugal shall be carried out as follows:

(a) The percentage of fishing opportunities allocated to the bottom trawling mode in waters of Sub-zone IX of the International Sea Exploration Council under the sovereignty or jurisdiction of Portugal shall be distributed with individual character in accordance with the provisions of this Article.

This distribution will be made in the first year, by the agreement reached among the vessels belonging to this census by virtue of the fisheries carried out by each vessel at the time of publication of this order. From the second year of application of the order, the distribution shall be based on the fishing opportunities available to each vessel at 1 January of the year in question, on the basis of the final transfers made.

(b) Only vessels on the list of the census of the bottom trawl fleet in the waters of Sub-zone IX of the International Sea Exploration Council subject to the sovereignty or jurisdiction of Portugal and who are high in the operational fleet census and with the electronic Journal on board discharged and operational may make use of their fishing opportunities, as well as transfer or transmit them on a temporary or permanent basis as laid down in Articles 7 and 8.

(c) If a vessel of this census ceded or transferred its fishing opportunities in a marketing year, it may not apply for a licence to fish in a third country under a Fisheries Agreement or with a private licence in third countries within that same year and during the following year.

(d) When it is established on 1 September that there are vessels which have not been able to use their quota allocated that year for not being on the high and with the Electronic Journal on board operational or for fishing under a fisheries agreement or with a private licence in third countries during that calendar year, that quota shall be distributed in a linear manner among the other vessels of the bottom trawl fleet census in the waters of Sub-area IX of the International Exploration Council Sea subject to the sovereignty or jurisdiction of Portugal if they are discharged and with the Electronic Journal on Board operation.

e) The individual allocation of each quota in the following years will be reviewed and updated to January 1 by resolution of the General Secretariat of Fisheries published in the "Official State Gazette", contemplating the relationship individual and up-to-date fishing opportunities, and the partnership to which each vessel belongs, taking into account the modifications made in accordance with this order during the previous year.

5. Reserve of fishing opportunities. Of the quantities to be allocated to Spain each year for the fisheries by species and zone referred to in Article 4, the Ministry of Agriculture, Food and the Environment shall reserve 5% for the purpose of offsetting the possible overfishing which during the current year can be produced by the vessels and prevent them from acting to the detriment of the quotas available for the remaining vessels. 3% of the reserved quota will be distributed throughout the year based on the consumption needs of the fleet and always before 1 December. The remaining 2% may be reserved until 31 December of each marketing year.

Article 5. Fishing effort distribution.

Fishing activity shall be limited to the days allocated to Spain per vessel in accordance with Annex IIB to the TAC and quota rules of each year. Exchanges of fishing days between vessels of the same census shall be permitted.

Article 6. Management of the fishing opportunities allocated individually.

1. The fishing opportunities allocated individually in accordance with Article 2 may be managed either individually by each shipowning undertaking or collectively by the associative entities in which the undertakings are integrated. undertakings which own the vessels, provided that the appropriate application is made to the General Secretariat for Fisheries.

2. The management of a vessel by an associative entity shall involve the monitoring of its fishing opportunities and the monitoring of its fishing effort by that association.

3. When a vessel changes its partnership, it shall transfer to the new association the fishing opportunities available in the state in which it is located, in the light of the transfers to date. This change will be effective from the moment the agreement signed by both associations is notified to the General Subdirectorate of the National Cale, Community Waters and Aquaculture, and all changes that arise within a year will be updated to the the beginning of the following year with the publication of the corresponding annual census in the "Official State Gazette".

Article 7. Temporary transfers of fishing opportunities between bottom trawlers in waters of Sub-area IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal.

1. The holders or individual owners, or, where appropriate, the associative entities, may, on a temporary basis or in part or in whole, transfer or transfer their fishing opportunities to each other, whether they are of the same or different entities associative, after communication to the General Secretariat of Fisheries. Such transfers or transfers may not be carried out in the event that the vessel concerned enters into a Fisheries Agreement with a third country, in which case it may not transfer or give up fishing opportunities unless the validity of the agreement is interrupted. of the agreement.

2. The holder of a vessel may give up or temporarily transfer all of his fishing opportunities for a maximum of two years. This time limit must be returned to active fishing or a final transmission of the fishing vessel. their fishing opportunities. If there are no such two scenarios, the fishing opportunities for this vessel shall be redistributed to the other vessels belonging to this census.

3. The communications of transfers of fishing opportunities shall be directed to the Director General of Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and the Environment, and shall submit to the Secretariat General Fisheries or any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Such communications may also be submitted by electronic means in accordance with Article 6.1 of Law 11/2007, of 22 June, on citizens ' access to public services.

4. Communications shall be completed in accordance with the model in Annex IV or in the format established by the Director-General for Fisheries Management and shall be accompanied by the agreement of the holders of the vessels concerned, or their legal representatives, on the transmission and shall reflect at least the following data:

(a) The name and address of the holders of the vessels affected by the transmission.

(b) The name, registration and portfolio of the vessel whose fishing opportunities are transmitted and the receiving vessel.

(c) The fishing opportunities transmitted and the stocks to which the application relates.

5. The General Secretariat for Fisheries shall recognise each vessel the new situation resulting from the annual transfer, which may be communicated to the person concerned by electronic means. Such transfer shall be temporary and shall end on 31 December of the year in question.

Article 8. Definitive transmissions of fishing opportunities between bottom trawlers in waters of Sub-area IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal.

1. Individual owners or owners may, in part or in full, transmit their fishing opportunities to each other, subject to the authorization of the Director-General for Fisheries and Aquaculture of the General Secretariat for Fisheries. of the Ministry of Agriculture, Food and Environment, and prior report of the autonomous community of the base port of the vessel, in accordance with the provisions of Article 28 of Law 3/2001, of March 26, which will be requested by the Secretariat General Fisheries. Such a report, which shall be binding and non-binding, shall be issued within a maximum of 10 days, which shall be carried out without a report. No authorization will be required in the case of transmission mortis causa, only a mere communication in the terms foreseen in the previous article.

2. The General Secretariat for Fisheries shall recognise each vessel the new situation resulting from the annual transfer. Such transfer shall be final and shall be reflected in the annual census publication.

3. Applications for authorisation for the definitive transmission of fishing opportunities shall be addressed to the Director-General of Fisheries and Aquaculture Resources of the General Secretariat for Fisheries of the Ministry of Agriculture, Food and the Environment, and shall be presented to the General Secretariat for Fisheries or to any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November. Such applications may also be submitted by electronic means in accordance with Article 6.1 of Law 11/2007 of 22 June.

4. Applications shall be completed in accordance with the model set out in Annex IV and shall be accompanied by the agreement of the holders or owners of the vessels concerned or their legal representatives on the final transmission, which shall be consist of a feisty public document or a notarial act, and must reflect at least the following data:

(a) The name and address of the holders of the vessels affected by the transmission.

(b) The name, registration and portfolio of the vessel whose fishing opportunities are transmitted and the receiving vessel.

(c) The fishing opportunities transmitted and the stocks to which the application relates.

5. The final transmission of fishing opportunities shall meet the following requirements:

(a) The fishing opportunities accumulated by a company or groups of related undertakings shall not exceed 30% of the total fishing opportunities allocated to the modality, including all stocks. distributed.

(b) The vessel whose fishing opportunities are transmitted shall have at least half of the fishing opportunities available to it after the transmission has been carried out by 1 January 2014, together with all species. distributed, below which the fishery must be abandoned.

6. The procedure for authorising the final transmission of fishing opportunities shall be decided by a decision of the Director-General of Fisheries and Aquaculture.

7. The decision shall be notified to the persons concerned in accordance with the terms laid down in Article 59 of Law No 30/1992 of 26 November 1992. Three months after the entry of the application into the competent body for processing without any express resolution being notified, the application may be understood to be dismissed, in accordance with the sixth provision of the Law. 3/2001, of 21 March.

8. The decision which recayere does not put an end to the administrative route and against it may be brought before the Secretary-General for Fisheries, in the terms and deadlines referred to in Article 115 of Law 30/1992, of 26 November.

Article 9. Monitoring and control of fishing quotas and effort.

1. The consumption of the quotas covered by this order for vessels which are required to complete the Electronic Journal on Board, as provided for in Article 15.3 of Regulation (EC) No 1224/2009 of 20 November 2009, by The establishment of a Community control system to ensure compliance with the rules of the common fisheries policy shall be verified by the Directorate-General for Fisheries Management through the electronic transmissions which they carry out. and based on the information obtained through the sales notes.

2. Control of quotas individually divided:

(a) Where, in accordance with the activity data available to the General Secretariat of Fisheries from the logbook, declarations of landing and sales notes, as well as of the transmissions of the Electronic Journal On Board, it is verified that the consumption of the quantity allocated for a given species to a vessel or group of vessels, in accordance with Article 2 has been reached or is to be reached, the Directorate-General for Fisheries management shall inform the associative entity representing the said vessel or vessels of the closure of this fishery for the vessel or group of vessels concerned, having this vessel or vessels prohibited from catching, retaining on board, transhipment or landing of the species to which the fishery has been closed.

In the event that such vessel or group of vessels obtain additional quota of the closed species, the fishery shall be reopened for the vessel or group of vessels concerned.

(b) Where at the end of each year there is an excess in the consumption of the quota allocated to a vessel, they shall be deducted from the quotas of the same population which are allocated to the vessel concerned in the following year, in accordance with Article 105 of Council Regulation (EC) No 1224/2009 of 20 November 2009. If the deduction of that species is not sufficient to cover the quantity exceeded, quotas shall be deducted from other species associated with the fishery and distributed, until the excess is covered.

3. With regard to the quotas to be fished by those vessels which are not covered by this order, when, in accordance with the activity data available to the General Secretariat for Fisheries from the logbook, declarations of Landing and sales notes as, where appropriate, of the transmissions of the Electronic Journal on Board, it is verified that the consumption of the allocated quantity, the modalities, fisheries or associations reflected in Article 2 (2) and (3) has been reached or is next to be reached, the Directorate-General for Fisheries Management will dictate Resolution, which shall be communicated to the representatives of the modalities, fisheries or associations concerned, ordering the closure of this fishery for vessels registered in this mode or belonging to that association.

4. The fishing effort shall be controlled by VMS and DEA data.

5. The Directorate-General for Fisheries Management shall communicate electronically to the Autonomous Communities, the professional associations representing the fleets concerned and the National Federation of Fishermen's Cofradias, on a monthly basis, the situation of the consumption of the quotas referred to in this order.

Article 10. Change of fishing grounds.

1. Vessels included in the Census set out in this order may only be authorised for the exercise of fishing in waters under the sovereignty or jurisdiction of Portugal of ICES zone IX.

2. However, the Directorate-General for Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment once obtained a favourable report from both the Directorate-General for Fisheries Resources and Aquaculture as from the autonomous community of the base port of the vessel, may authorise the temporary change of fishing grounds for vessels included in the census provided for in this order, provided that it is considered appropriate taking into account the possibilities of fishing for the new fishing vessel, that there is no injury to other Spanish vessels and that the regulatory rules for fisheries in that area.

The application for the said change may be submitted at any time by the owners or owners of the vessels included in the census established by this order or their representatives, indicating the name and address of the holder and the name, registration number and portfolio of the vessel, as well as the temporary period, in any case until 31 December of the year in question.

This request will be addressed to the Director General of Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment, and will be presented to the General Secretariat of Fisheries, in any event. of the places provided for in Article 38.4 of Law 30/1992, of 26 November, or by electronic means in accordance with Article 6.1 of Law 11/2007, of 22 June.

If the application does not meet the indicated data, the data subject shall be required to remedy the absence within a period of 10 days, with the express indication that, if he does not do so, he shall be given the withdrawal of his request, upon termination of the terms referred to in Article 71 of Law No 30/1992 of 26 November 1992.

The procedure will be resolved by resolution of the Director General of Fisheries Management, which will be notified to those interested in the terms provided for in Article 59 of Law 30/1992, of November 26. After one month from the entry of the application into the competent body for processing without any express resolution being notified, the application may be understood to be dismissed, in accordance with the sixth provision of the Law. 3/2001, of 21 March.

The decision that recayere does not end the administrative route and against it may be brought before the Secretary General of Fisheries, in the terms and deadlines referred to in Article 115 of Law 30/1992, 26 November.

Article 11. Replacement of vessels in the census.

Ships that integrate the census of bottom trawlers in waters of Sub-zone IX of the International Sea Exploration Council, subject to the sovereignty or jurisdiction of Portugal, may be replaced, at the request of their owner or owner, in the following cases:

1. In the case of a final loss by sea of one of the vessels included in the Census, the owner or owner has one year, from the date of the event, to start the replacement processing file. If two years after the decision of the Directorate-General for Fisheries Resources authorizing the replacement, the replacement vessel has not been incorporated, the shipowner shall definitively forfeit his right to appear in the Census except cause of force majeure duly accredited, subject to a finding of the relevant circumstances by the Directorate-General for Fisheries and Aquaculture. The replacement will take place since the new vessel, if any, is discharged from the Operational Fishing Fleet Census. The new vessel to be included in the Census shall have a tonnage and power equal to or less than that of the replaced vessel.

2. For a new construction vessel, in the case of a definitive cessation of the fishing activity of the former vessel, which shall be provided as low. The new vessel will have the characteristics to provide for the existing legislation on structures. The application for substitution shall be submitted within two months of the new construction by the owners or owners of the vessels included in the census established by this order or their representatives, indicating the name and address of the vessel. holder and names, plates and sheets of the original and replaced vessel.

This request will be addressed to the Director General of Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment, and will be presented to the General Secretariat of Fisheries, in any event. of the places provided for in Article 38.4 of Law 30/1992, of 26 November, or by electronic means in accordance with Article 6.1 of Law 11/2007, of 22 June.

If the application does not meet the indicated data, the data subject shall be required to remedy the absence within a period of 10 days, with the express indication that, if he does not do so, he shall be given the withdrawal of his request, upon termination of the terms referred to in Article 71 of Law No 30/1992 of 26 November 1992.

The procedure will be resolved by resolution of the Director General of Fisheries Management, which will be notified to those interested in the terms provided for in Article 59 of Law 30/1992, of November 26. After one month from the entry of the application into the competent body for processing without any express resolution being notified, the application may be understood to be dismissed, in accordance with the sixth provision of the Law. 3/2001, of 21 March.

The decision that recayere does not end the administrative route and against it may be brought before the Secretary General of Fisheries, in the terms and deadlines referred to in Article 115 of Law 30/1992, 26 November.

3. For another vessel of the same shipowning company, provided that the General Secretariat of Fisheries does not increase the overall fishing capacity. The application for substitution shall be submitted at any time by the holders or owners of the vessels included in the census established by this order or their representatives, indicating the name and address of the holder and the names, plates and the ship's original and replaced foles.

This request will be addressed to the Director General of Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment, and will be presented to the General Secretariat of Fisheries, in any event. of the places provided for in Article 38.4 of Law 30/1992, of 26 November, or by electronic means in accordance with Article 6.1 of Law 11/2007, of 22 June.

If the application does not meet the indicated data, the data subject shall be required to remedy the absence within a period of 10 days, with the express indication that, if he does not do so, he shall be given the withdrawal of his request, upon termination of the terms referred to in Article 71 of Law No 30/1992 of 26 November 1992.

The procedure will be resolved by resolution of the Director General of Fisheries Management, which will be notified to those interested in the terms provided for in Article 59 of Law 30/1992, of November 26. After one month from the entry of the application into the competent body for processing without any express resolution being notified, the application may be understood to be dismissed, in accordance with the sixth provision of the Law. 3/2001, of 21 March.

The decision that recayere does not end the administrative route and against it may be brought before the Secretary General of Fisheries, in the terms and deadlines referred to in Article 115 of Law 30/1992, 26 November.

4. In the case of aid for permanent cessation, no replacement shall be made in the census of the unit which ceases to serve.

Article 12. Rules for the exercise of the activity.

1. Before 30 November of each year, including, the holders or owners of trawlers interested in fishing for bottom trawling in ICES zone IX, subject to the sovereignty or jurisdiction of Portugal included in the census established by this order, or their representatives, shall request the relevant authorization, of an annual nature, indicating in their application the name and address of the holder and the name, registration and the number of the vessel, and whether it is for fish or for crustaceans.

2. This request shall be addressed to the Director-General of Fisheries Management of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and the Environment and shall submit to the General Secretariat for Fisheries at any of the places. provided for in Article 38.4 of Law 30/1992 of 26 November, or by electronic means in accordance with Article 6.1 of Law 11/2007 of 22 June.

If the application does not meet the documents indicated, the person concerned shall be required to remedy the absence within a period of 10 days, with the express indication that, if he does not do so, he shall be given the withdrawal of his request, upon termination of the terms referred to in Article 71 of Law No 30/1992 of 26 November 1992.

3. The procedure for the authorisation of the exercise of the activity for the following year shall be settled by resolution of the Director-General of Fisheries Management.

Whenever the applicant meets the requirements set forth in this order, the exercise will be authorized.

4. The decision shall be notified to the persons concerned in accordance with the terms laid down in Article 59 of Law No 30/1992 of 26 November 1992. After 15 days from the date of entry of the application into the body responsible for processing without the express resolution being notified, the application may be understood to be rejected, in accordance with the sixth provision of the Law 3/2001, of March 21.

5. The decision which recayere does not put an end to the administrative route and against it may be brought before the Secretary-General for Fisheries, in the terms and deadlines referred to in Article 115 of Law 30/1992, of 26 November.

Article 13. Species that can be captured.

1. The species that may be fished shall be those not subject to Total Allowable Catches (TACs) and quotas, as well as those subject to TAC for which Spain has a quota. The following species shall not be retained on board, transported or landed: sardine (PIL Sardina pilchardus), tunidae (Thunus spp) and swordfish (SWO Xiphias gladius). The catch of the remaining species subject to TACs and quotas shall be subject to the Community rules on the landing obligation.

2. Vessels fishing under a fishing licence for fish may keep on board by-catches of crustaceans up to 30%. This limitation shall not apply to vessels operating under a fishing licence for crustaceans referred to in this order.

3. The technical conditions to be met by the vessels and fisheries shall be those laid down in Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms.

4. Vessels which, due to their absence from the fishing grounds during the reference years for inclusion in the recovery plan for southern hake, and which have quota 0 of this species on the basis of Annex III to this order, may not carry out fishing directed to the hake or to make landings of this species.

Article 14. Infringements and penalties.

Failure to comply with this order shall be punishable in accordance with the provisions of Title V of Law 3/2001 of 26 March and Article 105 of Council Regulation (EC) No 1224/2009 of 20 November 2001. 2009.

Single repeal provision. Regulatory repeal.

Order APA/6/2004 of 12 January 2004 regulating the trawling fishery in Community waters of zone IX of the International Council for the Exploration of the Sea (ICES) is hereby repealed.

Annex V of Order AAA/627/2013 of 15 April and Annex VI of Order AAA/130 7/2013 of 1 July 2013 are hereby repealed.

Final disposition first. Competence title.

This order is issued pursuant to Article 149.1.19. of the Constitution, which attributes exclusive competence to the State in the matter of Maritime Fisheries.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 31, 2014. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.

ANNEX I

Census of trawlers that may fish in ICES sub-area IX (waters of Portugal)

	. Alfonso Riera Third.	HU-12-00
2. Catrude.	VI-2-3-99
3. Carmen and Pilar.	VI-21-99
4. Febel Third.	HU-3-17-98
5. Macenlle source.	VI-24-03
6. Gem and Mode.	HU-1-1-04
7 Golfino R.	VI-2-7-96
8. Gonzacove Dos.	VI-2-5-96
9. Delgado Brothers.	HU-21-01
10. Brothers Mora Martin.	HU-2-10-05
11. Lozano Abreu.	HU-1-3-05
12. New Glory.	MA-5-1-91
13. New Carrillo Garcia.	HU-2-21-02
14. New Queen Mar.	HU-3-5-00
15. Portetain.	VI-2-4-00
16. Second Cristobal Martin.	HU-2-18-02
17. Second Maritere Carrillo.	HU-2-16-00

ANNEX II

Distribution of the quota of species for bottom trawlers fishing in the waters of Portugal

Jurel IX (Trachurus spp JAX/09).

	Percentage Share (in%)
Cigala IXa (Nephrops norvegicus NEP/93411).	29.00
Gallo (Lepidorhombus spp LEZ/8C3411).	11.70
Bacaladilla (M icromesistius poutassou, WHB/8C3411).
Rape (Lophiidae ANF/8C3411).	7.60
0.23
Merluza (Merluccius merluccius HKE/8C3411).	2.81

ANNEX III

Individual distribution of fishing opportunities

Anamar Brothers.

Second Marter Carrillo.

	Association	Merluza (Merluccius merluccius HKE/8C3411	Rape (Lophiidae ANF/8C3411)	Gallo (Lepidorhombus spp LEZ/8C3411)	Cigala IXa (Nephrops norvegicus NEP/93411	Jurel IX (Trachurus spp JAX/09)	Bacaladilla, (Micromesistius poutassou, WHB/8C3411)
Alfonso Riera Third.	0.0000%		3,4384%	3,7914%	0.3058%	1,1472%	0.3638%
Carmen and Pillar.	Marin Armors.	0.0000%	3,4384%	3,7914%	0.3058%	1,1472%	0.3638%
Catrua.	Arposur-Vigo.	10,7693%	9,7710%	16,0470%	0,8910%	2.8690%	0.9200%
	Febel Third.	Anamar.	0.0000%	3,4384%	3,7914%	0.3058%	1,1472%	0.3638%
Macenle Source.	Marin Armors.	0.0000%	3,4384%	3,7914%	0.3058%	1,1472%	0.3638%
	Gema and Mode.		5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10,6245%
22,6193%			21,0760%	21,0760%	21,0760%		30,9730%	2,0450%	41.9010%	3,8090%
Gonzacove Dos.	Marin Armors.	14,8553%	28,4270%	14,3420%	4,9230%	6.5150%	6.6830%
Anamar.	0.0000%	3,4384%	3,7914%	0.3058%	1,1472%	0.3638%
5,0471%		1,8754%	1,8754%	1,8754%	0.6255%	11,2500%	4,9995%	10,6245%
Abreu.	Punta del Moral Armors.	5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10,6245%
New Carrillo Garcia.	Moral Punta Armors.	5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10,6245%
New Glory.	Punta del Morale.	5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10,6245%
New Queen Sea	Punta del Morale.	5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10.6245
Portosaint.	Marin Armors.	11,3793%	8.5310%	14.6770%	0.6120%	2.9830%	1,7730%
Second Cristobal Martin.	Moral Punta Armors.	5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10.6245
Cristina Island Armors.	5,0471%	1,8754%	0.6255%	11,2500%	4,9995%	10,6245%
		100.0000%	100.0000%	100.0000%		100.0000%	100.0000%	100.0000%

ANNEX IV

Transfer of fishing possibilities for a vessel

Type: Temporary □ Definitive
Donor Vessel
Name:
Matricula:
Folio:
Headline:
Headline Address:
Stock to be transferred and available quota of the same:
Quantity of quota (in kilograms or percentage) that is transferred:
Receiver
Name:
Matricle:
Folio:
:
Headline address:
of the transferor ship holder	Signature of the recipient of the receiving ship