Common use of Capacity Limitations Clause in Contracts

Capacity Limitations. 1. A capacity limitation by gear type for fishing vessels shall apply for the duration of the recovery plan. Member States shall limit the number of fishing vessels by gear type flying their flag and authorised to fish for catch Mediterranean swordfish to the average yearly number of vessels flying their flag that fished for, retained on board, transhipped, transported, or landed Mediterranean swordfish during the period 2013-2016. by either of the following measures, whichever results in an inferior number: (a) The average yearly number of their vessels that fished for, retained on board, transhipped, transported, or landed Mediterranean swordfish over the period 2013- 2016; or (b) The number of their fishing vessels that fished for, retained on board, transhipped, transported, or landed Mediterranean swordfish in 2016. 2. Notwithstanding paragraph 1, Member States may decide to use the number of vessels flying their flag that fished for, retained on board, transhipped, transported or landed Mediterranean swordfish in 2016 for the purpose of calculating the capacity limitation, if this number is inferior to the average yearly number of vessels over the period 2013–2016. That limit shall be applied by gear type for fishing vessels.