EUROPEAN COMMISSION
Brussels, 7.11.2017
COM(2017) 645 final
2017/0287(NLE)
Proposal for a
COUNCIL REGULATION
fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non Union waters
EXPLANATORY MEMORANDUM
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
All fishing opportunities regulations must limit the harvesting of the fish stocks to levels which must be consistent with the overall objectives of the Common Fisheries Policy (CFP). In this respect, Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy (“the Basic Regulation”) sets out the objectives for the annual proposals for catch and fishing effort limitations to ensure that Union fisheries are ecologically, economically and socially sustainable.
The fishing opportunities exercise represents an annual management cycle (biennial in the case of deep sea stocks). However, this does not stand in the way of the introduction of long-term management approaches. A number of current multi-annual plans are outdated, as they are not compatible with the objectives established in the Basic Regulation or their biological reference points have changed in the meantime. Therefore, on 3 August 2016 the Commission has submitted a Proposal for a North Sea multi-annual plan, and in the near future the Commission envisages submitting a proposal for a multi-annual plan in the Atlantic Ocean.
This proposal contains fishing opportunities that the Union establishes autonomously. However, it also features fishing opportunities resulting from multilateral or bilateral fisheries consultations. The outcome is implemented by providing for internal allocation among Member States on the principle of relative stability.
Thus this proposal covers, apart from autonomous Union stocks:
·Shared stocks, i.e. stocks that are jointly managed with Norway in the North Sea and the Skagerrak, or related to North East Atlantic Fisheries Commission (NEAFC) Coastal State consultations;
·Fishing opportunities resulting from agreements reached in the framework of Regional Fisheries Management Organisations (RFMOs).
A number of fishing opportunities are marked as "pm" (pro memoria) in this proposal. This is due to the fact that:
–the advice on some stocks is not available at the time when the proposal is adopted; or
–certain catch limitations and other recommendations from the relevant RFMOs are pending because their annual meetings have not taken place yet; or
–for some stocks in Greenland waters, as well as shared stocks or stocks exchanged with Norway and other third countries, the figures are not available yet, pending the conclusion of consultations in November and December 2017 with those countries; or
–for a few TACs the advice has been received, but the evaluation is still ongoing.
Approach for setting fishing opportunities
As usual, the Commission has reviewed the situation to which the fishing opportunities proposals must respond via its annual Communication from the Commission concerning a consultation on Fishing Opportunities (COM(2017)368), hereinafter "Communication"). The Communication provides an overview of the state of the stocks based on the findings of the scientific advice available.
In response to the Commission's request, the International Council for the Exploration of the Seas (ICES) provided on 30 June 2017 its annual advice on most fish stocks covered by this proposal. ICES has taken into account the orientations presented by the Commission in its Communication.
Scientific advice delivered by ICES is essentially dependent on data: only stocks for which there is sufficient and reliable data can be fully assessed, so that stock size estimates are produced, as well as a forecast of how they will react to the various exploitation scenarios (this is referred to as "catch options tables"). Where sufficient data is available, the scientific bodies are able to provide estimates of adjustments to the fishing opportunities that will bring the stock to produce its maximum sustainable yield (MSY). The advice is then referred to as "MSY advice". In other cases, the scientific bodies rely on the precautionary approach to make recommendations as to what the level of fishing opportunities should be. The methodology followed by ICES to that end is presented in ICES published material pertaining to the implementation of advice for data limited stocks.
All the proposed fishing opportunities respond to the scientific advice received by the Commission as to the state of the stocks, which has been used in the manner outlined in the Communication.
Landing obligation introduced by Regulation (EU) No 1380/2013
The landing obligation introduced by the Basic Regulation of the CFP is becoming progressively applicable from 2015 to 2019. In 2019, all stocks under catch limits will be subject to the landing obligation. As from 1 January 2016, certain demersal fisheries in the North Sea, North-Western and South-Western Atlantic waters have been placed under the landing obligation. On the basis of the joint recommendations submitted by the Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission adopted Delegated Regulations laying down specific discard plans. In 2016 the Member States have submitted updated joint recommendations in order to progressively extend the landing obligation from 1 January 2017. The implementation of the landing obligation is continuing in 2017 and Member States have submitted joint recommendations for the fisheries to be subject to the landing obligation as from 1 January 2018.
With the introduction of the landing obligation, and in accordance with Article 16(2) of Regulation (EU) No 1380/2013, the fishing opportunities proposed have to reflect the change from amount landed to amount caught, taking into account that discards are no longer allowed. This is done on the basis of the received scientific advice for the fish stocks in fisheries referred to in Article 15(1) of the Basic Regulation of the CFP. The fishing opportunities should also be fixed in accordance with other relevant provisions, i.e. Articles 16(1) (referring to the principle of relative stability) and 16(4) (referring to the objectives of the Common Fisheries Policy and the rules provided for in multiannual plans).
As a consequence, the Commission will propose TAC supplements (top-ups) for stocks which will become subject to the landing obligation in 2018. Where catches from the same stock must be landed in the fisheries brought under the landing obligation in 2018, but other catches from the same stock can still be discarded (caught in fisheries coming under the landing obligation in 2018 and 2019), the Commission will propose, on the basis of the best available data, TAC top-ups corresponding to the amounts that will have to be landed.
These top-ups will be calculated on the basis of the data submitted by the Member States. Pending the submission of such data, it was decided for the time being in the Commission Proposal to include the figures without top-ups. The top-ups will be added as soon as the data enabling their calculation is provided.
Finally, the links between the Basic Regulation of the CFP and Council Regulation (EC) No 847/96 must be considered. The latter establishes additional conditions for year-to-year management of TACs, including flexibility provisions under Articles 3 and 4 for precautionary and analytical stocks respectively. Under its Article 2, when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 shall not apply, in particular on the basis of the biological status of the stocks. More recently, another flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of living marine biological resources and hinder the achievement of the objectives of the Common Fisheries Policy, it should be clarified that Article 3 and 4 of Regulation (EC) No 847/96 cannot apply in addition to the year-to-year flexibility provided for in Article 15(9) of Regulation 1380/2013.
Measures on European eel
The European eel life cycle is complex, as it is a long-lived fish which is widely dispersed: recent evidence suggests that eels spawn in the Sargasso Sea and their larvae arrive with the ocean currents to the continental shelf of Europe and North Africa, where they transform into glass eels and enter continental waters.
The recurrent scientific advice states that: "… when the precautionary approach is applied for European eel, all anthropogenic impacts (e.g. recreational and commercial fishing on all stages, hydropower, pumping stations, and pollution) decreasing production and escapement of silver eel should be reduced to – or kept as close to – zero as possible."
Given the ICES advice, it is important that all fisheries that target spawners should cease until there is a clear evidence of improvement of the state of the stock. In the light of this severe ICES advice, it is therefore appropriate, pending longer term solutions, to prohibit any fishery of European eel in 2018 in the Union waters of the ICES area and in the Baltic Sea.
Measures on sea bass
The measures for sea bass will be established following the scientific advice by ICES, which will be issued on 24 October 2017.
•Consistency with existing policy provisions in the policy area
The measures proposed are designed in accordance with the objectives and the rules of the Common Fisheries Policy and are consistent with the Union's policy on sustainable development.
•Consistency with other Union policies
The measures proposed are consistent with other Union policies, in particular with the policies in the field of environment.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
The legal basis of this proposal is Article 43(3) of the Treaty on the Functioning of the European Union.
The Union's obligations for sustainable exploitation of living aquatic resources arise from obligations set out in Article 2 of the Basic Regulation of the CFP.
•Subsidiarity (for non-exclusive competence)
The proposal falls under the Union exclusive competence as referred to in Article 3(1)(d) of the Treaty. The subsidiarity principle therefore does not apply.
•Proportionality
The proposal complies with the proportionality principle for the following reason: the CFP is a common policy. According to Article 43(3) of the Treaty it is incumbent upon the Council to adopt the measures on the fixing and allocation of fishing opportunities.
The proposed Council Regulation allocates fishing opportunities to Member States. Having regard to Articles 16 and 17 of the Basic Regulation, Member States then proceed to allocate in turn such opportunities among regions or operators as they see fit. Therefore, Member States have ample room for manoeuvre on decisions related to the social/economic model of their choice to exploit their allocated fishing opportunities.
The proposal has no new financial implications for Member States. This Regulation is adopted by the Council every year, and the public and private means to implement it are already in place.
•Choice of the instrument
Proposed instrument: regulation.
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
The fishing opportunities regulation is revised several times per year to introduce the necessary changes to reflect the most recent scientific advice and other developments.
•Stakeholder consultations
(a)Consultation methods, main sectors targeted and general profile of respondents
The Commission has consulted stakeholders, in particular through the Advisory Councils (ACs), and Member States on its proposed approach to its various fishing opportunities proposals on the basis of its Communication on Fishing Opportunities for 2018.
In addition, the Commission has followed the orientations outlined in its Communication to the Council and European Parliament on improving consultation on Community fisheries management (COM(2006)246 final), which sets out the principles for the so-called "front-loading process".
(b)Summary of responses and how they were taken into account
The response to the Commission Communication on Fishing Opportunities mentioned above reflects the views of stakeholders on the evaluation made by the Commission of the state of the resources and how to ensure the appropriate management response. These responses have been considered by the Commission when formulating the Proposal.
•Collection and use of expertise
As for the methodology used, the Commission consulted, as already noted, the International Council for the Exploration of the Sea (ICES). Advice from ICES is based on an advice framework developed by its expert groups and decision-making bodies and issued in accordance with the Memorandum of Understanding agreed with the Commission.
The ultimate objective is to bring and maintain the stocks to levels that can deliver Maximum Sustainable Yield (MSY). This objective has been incorporated expressly in the Basic Regulation of the CFP, in particular its Article 2(2) stating that this objective “shall be achieved by 2015 where possible, and […] by 2020 for all stocks". This reflects the commitment taken by the Union regarding the conclusions of the 2002 World Summit on Sustainable Development in Johannesburg and its related Plan of Implementation. As already noted, for some stocks information on maximum sustainable yield levels is indeed available. Among these, there are very important stocks in terms of volume of catches and commercial value such as hake, cod, anglerfish, sole, megrims, haddock and Norway lobster.
Reaching the MSY objective may, in certain cases, need a reduction in fishing mortality rates and/or a reduction in catches. Against this background, this proposal makes use of the MSY advice, where available. In line with the objectives of the Common Fisheries Policy, where TACs are proposed on the basis of MSY advice, the TAC corresponds to the level which, according to that advice, would ensure delivery of the MSY objective in 2018. This approach follows the principles presented in the Communication on fishing opportunities for 2018.
For data-limited stocks, the scientific advisory bodies issue recommendations as to whether to reduce, stabilise or allow catches to increase. ICES advice has in many cases provided quantitative guidance about such variations, based on their methodology of a +/- 20% maximum change in catches from one year to the other, on precautionary grounds. This guidance has been used to set the TACs proposed. Where there is no scientific advice at all, the precautionary approach has been followed, meaning precautionary TAC reductions by 20%.
For some stocks (mainly widely distributed stocks, sharks and rays) the advice will be issued in the autumn. This proposal will need to be updated as appropriate once that advice is received. Finally, as mentioned above, for certain stocks the advice is used for the purpose of implementing management plans.
•Impact assessment
The scope of the fishing opportunities regulation is circumscribed by Article 43(3) of the Treaty.
The proposal seeks to avoid short-term approaches in favour of long-term sustainability decisions, and hence it takes into account initiatives from stakeholders and Advisory Councils if they have been positively reviewed by ICES and/or STECF. Furthermore, the Commission's CFP reform proposal was duly developed on the basis of an impact assessment (SEC(2011)891) in the context of which the MSY objective was analysed. Its conclusions identify this objective as a necessary condition to achieve environmental, economic and social sustainability.
As regards RFMO fishing opportunities and stocks which are shared with third countries, this proposal essentially implements internationally agreed measures. Any elements relevant to assess possible impacts of the fishing opportunities are dealt with in the preparation and conduct phase of international negotiations in the framework of which the Union's fishing opportunities are agreed with third parties.
•Regulatory fitness and simplification
The proposal provides for simplification of administrative procedures for public authorities (Union or national), in particular as regards requirements regarding the effort management.
•Fundamental rights
4.BUDGETARY IMPLICATIONS
The proposed measures will have no budgetary implications.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
The provisions of the Regulation will be implemented and the compliance will be controlled in accordance with the existing Common Fisheries Policy.
2017/0287 (NLE)
Proposal for a
COUNCIL REGULATION
fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non Union waters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on the fixing and allocation of fishing opportunities.
(2)Regulation (EU) No 1380/2013 of the European Parliament and of the Council requires that conservation measures be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF) and other advisory bodies, as well as in the light of any advice received from Advisory Councils.
(3)It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing opportunities, including certain conditions functionally linked thereto, as appropriate. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities should be fixed in accordance with the objectives of the Common Fisheries Policy established in Article 2(2) of that Regulation. In accordance with Article 16(1) of that Regulation, fishing opportunities should be allocated to Member States in such a way as to ensure relative stability of fishing activities of each Member State for each fish stock or fishery.
(4)The total allowable catch (TACs) should therefore be established, in line with Regulation (EU) No 1380/2013, on the basis of available scientific advice, taking into account biological and socioeconomic aspects whilst ensuring fair treatment between fishing sectors, as well as in the light of the opinions expressed during the consultation of stakeholders, in particular at the meetings of the Advisory Councils.
(5)The landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013 is introduced on a fishery-by-fishery basis. In the region covered by this Regulation, when a fishery falls under the landing obligation, all species in that fishery subject to catch limits should be landed. From 1 January 2016, the landing obligation applies to the species that define the fisheries. Article 16(2) of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a fish stock is introduced, fishing opportunities are to be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches. On the basis of the joint recommendations submitted by the Member States and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission adopted a number of delegated Regulations laying down specific discard plans applicable on a temporary basis for a maximum period of three years, in preparation for the full implementation of the landing obligation.
(6)The fishing opportunities for stocks of species falling under the landing obligation from 1 January 2018 should compensate for former discards and be based on scientific information and advice. In order to ensure fair compensation for the fish that has been previously discarded and that will have to be landed from 1 January 2018, a topup should be calculated according to the following methodology: the new landings figure should be calculated by subtracting from the International Council for the Exploration of the Sea (ICES) figure of total catches the amounts that will continue to be discarded during the operation of the landing obligation; subsequently a topup applied to the TAC figure should be proportional to the change between the new calculated landings figure and the previous ICES landings figure.
(7)As regards European eel stock, the ICES advised that all anthropogenic mortalities including recreational and commercial fisheries should be reduced to zero, or kept as close to zero as possible. It is therefore necessary to implement this advice by establishing a prohibition on fishing for this species in the Baltic Sea, Kattegat, Skagerrak, the North Sea, and in the Atlantic Ocean (Union waters).
(8)[The measures for sea bass will be established following the scientific advice by ICES, which will be issued on 24 October 2017].
(9)For some years, certain TACs for stocks of elasmobranchs (skates, sharks, rays) have been set at zero, with a linked provision establishing an obligation to immediately release accidental catches. The reason for this specific treatment is that the conservation status of those stocks is poor and, because of their high survival rates, discards will not raise fishing mortality rates for them, but are deemed as beneficial for the conservation of these species. As of 1 January 2015, however, catches of those species in pelagic fisheries have to be landed, unless they are covered by any of the derogations from the landing obligation foreseen in Article 15 of Regulation (EU) No 1380/2013. Article 15(4)(a) of that Regulation allows such derogations for species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the Common Fisheries Policy. Therefore, it is appropriate to prohibit the fishing of those species in the areas concerned.
(10)Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific multiannual plans the TACs should be established in accordance with the rules laid down in those plans. Consequently, the TACs for stocks of sole in the Western Channel, of plaice and sole in the North Sea and of bluefin tuna in the Eastern Atlantic and the Mediterranean should be established in accordance with the rules laid down in Council Regulations (EC) No 509/2007, (EC) No 676/2007 and (EC) No 302/2009. The objective for the Southern hake stock as set out in Council Regulation (EC) No 2166/2005 is to rebuild the biomass of the stocks concerned to within safe biological limits, while staying in line with the scientific data. In accordance with scientific advice, in the absence of definitive data on a target spawning stock biomass and while taking into account changes in safe biological limits, it is appropriate, in order to contribute to the achievement of the objectives of the Common Fisheries Policy as defined in Regulation (EU) No 1380/2013, to fix the TAC on the basis of maximum sustainable yield advice, as provided by ICES.
(11)As a result of the recent benchmark exercise, as regards the stock of herring to the west of Scotland, ICES has provided advice for the combined herring stocks in Divisions 6a, 7b and 8c (West of Scotland, West of Ireland). The advice covers two separate TACs (for 6aS, 7b and 8c on the one hand, and for 5b, 6b and 6aN on the other). According to ICES, a rebuilding plan has to be developed for these stocks. Since, according to scientific advice, the management plan for the northern stock cannot be applied to the combined stocks and it is not possible to set separate fishing opportunities for these two stocks, a TAC is established to permit limited catches in a commercially operated scientific sampling programme.
(12)For stocks for which there is no sufficient or reliable data in order to provide size estimates, management measures and TAC levels should follow the precautionary approach to fisheries management as defined in Article 4(1)(8) of Regulation (EU) No 1380/2013, while taking into account stockspecific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(13)Council Regulation (EC) No 847/96 introduced additional conditions for yeartoyear management of TACs including, under Articles 3 and 4 of that Regulation, flexibility provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide to which stocks Articles 3 or 4 of that Regulation shall not apply, in particular on the basis of the biological status of the stocks. More recently, the yeartoyear flexibility mechanism was introduced by Article 15(9) of Regulation (EU) No 1380/2013 for all stocks that are subject to the landing obligation. Therefore, in order to avoid excessive flexibility that would undermine the principle of rational and responsible exploitation of marine biological resources, hinder the achievement of the objectives of the CFP and deteriorate the biological status of the stocks, it should be established that Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the yeartoyear flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not used.
(14)Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to empower that Member State in accordance with Article 2(1) of the Treaty to determine the level of such TAC. Provisions should be made to ensure that, when fixing that TAC level, the Member State concerned acts in a manner fully consistent with the principles and rules of the Common Fisheries Policy.
(15)It is necessary to establish the fishing effort ceilings for 2018 in accordance with Article 5 of Regulation (EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, and Articles 5 and 9 of Regulation (EC) No 302/2009.
(16)For certain species, such as certain species of sharks, even a limited fishing activity could result in a serious risk to their conservation. Fishing opportunities for such species should therefore be fully restricted through a general prohibition on fishing those species.
(17)At the 11th Conference of the Parties of the Convention on the Conservation of Migratory Species of Wild Animals, held in Quito from 3 to 9 November 2014, a number of species were added to the lists of protected species in Appendices I and II of the Convention, with effect from 8 February 2015. Therefore, it is appropriate to provide for the protection of those species with respect to Union fishing vessels fishing in all waters and nonUnion fishing vessels fishing in Union waters.
(18)The use of fishing opportunities available to Union fishing vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009, and in particular to Articles 33 and 34 of that Regulation, concerning the recording of catches and fishing effort and the notification of data on the exhaustion of fishing opportunities. It is therefore necessary to specify the codes to be used by Member States when sending data to the Commission relating to landings of stocks subject to this Regulation.
(19)It is appropriate, following advice from the ICES, to maintain a specific system to manage sandeel and associated bycatches in Union waters of ICES divisions 2a and 3a and ICES subarea 4. Given that the ICES scientific advice is expected to become available only in February 2018, it is appropriate to set the TAC and quotas for this stock provisionally at zero until such advice is released.
(20)In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway and the Faroe Islands, the Union has held consultations on fishing rights with those partners. In accordance with the procedure provided for in the agreement and protocol on fisheries relations with Greenland, the Joint Committee has established the level of fishing opportunities available for the Union in Greenland waters in 2018. It is therefore necessary to include these fishing opportunities in this Regulation [The recital will be updated after the consultations].
(21)At its Annual Meeting in 2017, the NorthEast Atlantic Fisheries Commission (NEAFC) adopted conservation measures on the two redfish stocks in the Irminger Sea. Those measures should be implemented in the law of the Union [The recital will be updated after the annual meeting].
(22)At its Annual Meeting in 2017, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted an extension of the TAC and quotas for North and South Atlantic albacore and North and South Atlantic swordfish and an extension of the TAC for yellowfin tuna. Furthermore, it also set a catch limit for North Atlantic blue shark, East Atlantic and West Atlantic sailfish, it set a TAC for Mediterranean swordfish and confirmed for 2018 TACs and quotas previously established for bluefin tuna and bigeye tuna. Concerning blue and white marlins, ICCAT confirmed for 2018 the TACs previously established and accepted the proposed payback plan proposed by the EU due to the overharvest by Spain in 2014 and 2015. As it is already the case for the stock of bluefin tuna, it is appropriate that catches in recreational fisheries of all other ICCAT stocks should be subject to the catch limits as adopted by that organisation. Furthermore, Union fishing vessels of at least 20 metre length fishing for bigeye tuna in the ICCAT Convention Area should be subject to the capacity limitations adopted by ICCAT in the ICCAT Recommendation 1501. All these measures should be implemented in the law of the Union [The recital will be updated after the annual meeting].
(23)At its 35th Annual Meeting in 2016, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and bycatch species for 2016/2017 and 2017/2018. The uptake of such quota during 2016 should be considered when setting fishing opportunities for the year 2017 [The recital will be updated after the annual meeting].
(24)At its Annual Meeting in 2016, the Indian Ocean Tuna Commission (IOTC) adopted catch limits for yellowfin tuna (Thunnus albacares). It also adopted a measure reducing the use of Fish Aggregating Devices (FADs) and limiting the use of supply vessels. As the activities of supply vessels and the use of FADs are an integral part of the fishing effort exerted by the purse seine fleet, the measure should be implemented in the law of the Union [The recital will be updated after the annual meeting].
(25)The Annual Meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held on 30 January – 3 February 2018. It is appropriate that the current measures in the SPRFMO Convention Area are provisionally maintained until such Annual Meeting is held.
(26)At its Annual Meeting in 2017, the Inter American Tropical Tuna Commission (IATTC) adopted a conservation measure for yellowfin tuna, bigeye tuna and skipjack tuna for 2018-2020 and amended the existing conservation measure for 2017 for those species. It is appropriate to implement those measures in the law of the Union. .
(27)At its Annual Meeting in 2016, the South East Atlantic Fisheries Organisation (SEAFO) adopted a conservation measure for biennial TACs for Patagonian toothfish, deep sea red crab, alfonsinos and pelagic armourhead. A biennial TAC for orange roughy in Division B1 was also adopted, while the TAC for those species in the remainder of the SEAFO Convention Area was limited to one year. The currently applicable measures on allocation of fishing opportunities adopted by SEAFO should be implemented in the law of the Union [The recital will be updated after the annual meeting].
(28)At its 13th Annual Meeting, the Western and Central Pacific Fisheries Commission (WCPFC) confirmed the conservation and management measures in place. Those measures should continue to be implemented in the law of the Union [The recital will be updated after the annual meeting].
(29)At its 39th Annual Meeting in 2017, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2018 for certain stocks in Subareas 14 of the NAFO Convention Area. Those measures should be implemented in the law of the Union.
(30)At its 40th Annual Meeting in 2016, the General Fisheries Commission for the Mediterranean (GFCM) adopted catch and effort limits for certain small pelagic stocks for the years 2017 and 2018 in the geographical subareas 17 and 18 (Adriatic Sea) of the GFCM Agreement Area. Those measures should be implemented in the law of the Union. The maximum catch limits established in Annex IL are fixed exclusively for one year and without prejudice to any other measures adopted in the future and any possible allocation scheme between Member States.
(31)Taking into account the particularities of the Slovenian fleet and their marginal impact on the stocks of small pelagic species, it is appropriate to preserve the existing fishing patterns and to ensure access of the Slovenian fleet to a minimum quantity of small pelagic species.
(32)Certain international measures which create or restrict fishing opportunities for the Union are adopted by the relevant Regional Fisheries Management Organisations (RFMOs) at the end of the year and become applicable before the entry into force of this Regulation. It is therefore necessary for the provisions that implement such measures in the law of the Union to apply retroactively. In particular, since the fishing season in CCAMLR Convention Area runs from 1 December to 30 November, and thus certain fishing opportunities or prohibitions in the CCAMLR Convention Area are laid down for a period of time starting from 1 December 2017, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application does not prejudice the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.
(33)As regards the fishing opportunities for snow crab around the area of Svalbard, the Treaty of Paris of 1920 grants an equal and nondiscriminatory access to resources for all parties to that Treaty, including with respect to fishing. The Union’s view of this access as regards fishing for snow crab on the continental shelf around Svalbard has been set out in a note verbale to Norway dated 25 October 2016, in respect of a Norwegian regulation of the fishing for snow crab on its continental shelf, which in the Union’s view disregards the specific provisions of the Treaty of Paris and in particular those laid down in Articles 2 and 3 thereof. In order to ensure that the exploitation of snow crab within the area of Svalbard is made consistent with such nondiscriminatory management rules as may be set out by Norway, which enjoys sovereignty and jurisdiction in the area within the limits of the said Treaty, it is appropriate to fix the number of vessels that are authorised to conduct such fishery. The allocation of such fishing opportunities among Member States is limited to 2018. It is recalled that primary responsibility for ensuring compliance with applicable law lies with the flag Member States. [The recital will be updated in light of possible developments]
(34)In accordance with the declaration by the Union addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels flying the flag of Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana, it is necessary to fix the fishing opportunities for snapper available to Venezuela in Union waters.
(35)Given that certain provisions are to be applied on a continuous basis, and in order to avoid legal uncertainty during the period between the end of 2017 and the date of entry into force of the Regulation fixing the fishing opportunities for 2018, it is appropriate that the provisions concerning prohibitions and closed seasons continue to apply at the beginning of 2019, until the entry into force of the Regulation fixing the fishing opportunities for 2019.
(36)In order to ensure uniform conditions for granting an individual Member State an authorisation to benefit from the system of managing its fishing effort allocations in accordance with a kilowatt-day system, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
(37)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to the granting of additional days at sea for permanent cessation of fishing activities and for enhanced scientific observer coverage as well as to establish the formats of spreadsheet for the collection and transmission of information concerning transfer of days at sea between fishing vessels flying the flag of a Member State.
(38)In order to avoid the interruption of fishing activities and to ensure the livelihood of the fishermen of the Union, this Regulation should apply from 1 January 2018, except for the provisions concerning fishing effort limits, which should apply from 1 February 2018, and certain provisions concerning particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(39)Fishing opportunities should be used in full compliance with the applicable law of the Union,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
1.This Regulation fixes the fishing opportunities available in Union waters and, to Union fishing vessels, in certain nonUnion waters for certain fish stocks and groups of fish stocks.
2.The fishing opportunities referred to in paragraph 1 include:
(a)catch limits for the year 2018 and, where specified in this Regulation, for the year 2019;
(b)fishing effort limits for the period from 1 February 2018 to 31 January 2019, except where other periods are established for effort limits in Articles 25, 26 and 38, and in Annex IIE, as well as regarding fishing aggregating devices (FADs);
(c)fishing opportunities for the period from 1 December 2017 to 30 November 2018 for certain stocks in the CCAMLR Convention Area;
(d)fishing opportunities for certain stocks in the IATTC Convention Area set out in Article 27 for the periods in 2017 and 2018 specified in that provision.
Article 2
Scope
1.This Regulation shall apply to the following vessels:
(a)Union fishing vessels;
(b)thirdcountry vessels in Union waters.
2.This Regulation shall also apply to recreational fisheries where they are expressly referred to in the relevant provisions.
Article 3
Definitions
For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions shall apply:
(a)‘thirdcountry vessel’ means a fishing vessel flying the flag of, and registered in, a third country;
(b)‘recreational fisheries’ means noncommercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport;
(c)‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(d)‘total allowable catch. (TAC) means:
(i)in fisheries subject to the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013, the quantity of fish that can be caught from each stock each year;
(ii)in all other fisheries, the quantity of fish that can be landed from each stock each year;
(e)‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(f)‘analytical assessments’ means quantitative evaluations of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches;
(g)‘mesh size’ means the mesh size of fishing nets as determined in accordance with Commission Regulation (EC) No 517/2008;
(h)‘Union fishing fleet register’ means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013;
(i)‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009.
Article 4
Fishing zones
For the purposes of this Regulation the following zone definitions shall apply:
(a)ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009;
(b)‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast;
(c)‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen;
(d)‘Functional Unit 16 of ICES subarea 7’ means the geographical area bounded by rhumb lines sequentially joining the following positions:
–53° 30' N 15° 00' W,
–53° 30' N 11° 00' W,
–51° 30' N 11° 00' W,
–51° 30' N 13° 00' W,
–51° 00' N 13° 00' W,
–51° 00' N 15° 00' W,
–53° 30' N 15° 00' W;
(e)‘Functional Unit 26 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions:
–43° 00' N 8° 00' W,
–43° 00' N 10° 00' W,
–42° 00' N 10° 00' W,
–42° 00' N 8° 00' W;
(f)‘Functional Unit 27 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions:
–42° 00' N 8° 00' W,
–42° 00' N 10° 00' W,
–38° 30' N 10° 00' W,
–38° 30' N 9° 00' W,
–40° 00' N 9° 00' W,
–40° 00' N 8° 00' W;
(g)‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of longitude 7º 23' 48″ W;
(h)CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council;
(i)NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council;
(j)‘SEAFO (South East Atlantic Fisheries Organisation) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the SouthEast Atlantic Ocean;
(k)‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area’ is the geographical area defined in the International Convention for the Conservation of Atlantic Tunas;
(l)‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources) Convention Area’ is the geographical area defined in point (a) of Article 2 of Council Regulation (EC) No 601/2004;
(m)‘IATTC (InterAmerican Tropical Tuna Commission) Convention Area’ is the geographical area defined in the Convention for the Strengthening of the InterAmerican Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica;
(n)‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission;
(o)‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean;
(p)‘WCPFC (Western and Central Pacific Fisheries Commission) Convention Area’ is the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean;
(q)‘GFCM (General Fisheries Commission for the Mediterranean) geographical subareas’ are the areas defined in Annex I of Regulation (EU) No 1343/2011 of the European Parliament and of the Council.
(r)‘high seas of the Bering Sea’ is the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial sea of the coastal States of the Bering Sea is measured;
(s)‘overlap area between IATTC and WCPFC’ is the geographical area defined by the following limits:
–longitude 150º W,
–longitude 130º W,
–latitude 4º S,
–latitude 50º S.
TITLE II
FISHING OPPORTUNITIES
FOR UNION FISHING VESSELS
Chapter I
General provisions
Article 5
TACs and allocations
1.The TACs for Union fishing vessels in Union waters or certain nonUnion waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.
2.Union fishing vessels shall be authorised to make catches, within the TACs set out in Annex I, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 14 of, and Annex III to, this Regulation and in Council Regulation (EC) No 1006/2008 and its implementing provisions.
Article 6
TACs to be determined by Member States
1.The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.
2.The TACs to be determined by a Member State shall:
(a)be consistent with the principles and rules of the Common Fisheries Policy, in particular the principle of sustainable exploitation of the stock; and
(b)result:
(i)if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2018 onwards, with as high a probability as possible;
(ii)if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.
3.By 15 March 2018, each Member State concerned shall submit the following information to the Commission:
(a)the TACs adopted;
(b)the data collected and assessed by the Member State concerned on which the TACs adopted are based;
(c)details on how the TACs adopted comply with paragraph 2.
Article 7
Conditions for landing catches and bycatches
1.Catches that are not subject to the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:
(a)have been taken by vessels flying the flag of a Member State having a quota and that quota has not been exhausted; or
(b)consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.
2.The stocks of nontarget species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I to this Regulation for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article.
Article 8
Fishing effort limits
For the periods referred to in Article 1(2)(b), the following fishing effort measures shall apply:
(a)Annex IIA for the management of plaice and sole stocks in ICES subarea 4;
(b)Annex IIB for the recovery of hake and Norway lobster in ICES divisions 8c and 9a, with the exception of the Gulf of Cádiz;
(c)Annex IIC for the management of the sole stock in ICES division 7e.
Article 9
Measures on Sea bass fisheries
[The measures for sea bass will be established following the scientific advice by ICES, which will be issued on 24 October 2017].
Article 10
Special provisions on allocations of fishing opportunities
1.The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:
(a)exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;
(b)deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;
(c)reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
(d)additional landings allowed under Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;
(e)quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;
(f)deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;
(g)quota transfers and exchanges pursuant to Article 15 of this Regulation.
2.Stocks which are subject to precautionary or analytical TACs are identified in Annex I to this Regulation for the purposes of the yeartoyear management of TACs and quotas provided for in Regulation (EC) No 847/96.
3.Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.
4.Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the yeartoyear flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 11
Closed fishing seasons
1.It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2018: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and picked dogfish.
For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:
Point
|
Latitude
|
Longitude
|
1
|
52° 27' N
|
12° 19' W
|
2
|
52° 40' N
|
12° 30' W
|
3
|
52° 47' N
|
12° 39,600' W
|
4
|
52° 47' N
|
12° 56' W
|
5
|
52° 13,5' N
|
13° 53,830' W
|
6
|
51° 22' N
|
14° 24' W
|
7
|
51° 22' N
|
14° 03' W
|
8
|
52° 10' N
|
13° 25' W
|
9
|
52° 32' N
|
13° 07,500' W
|
10
|
52° 43' N
|
12° 55' W
|
11
|
52° 43' N
|
12° 43' W
|
12
|
52° 38,800' N
|
12° 37' W
|
13
|
52° 27' N
|
12° 23' W
|
14
|
52° 27' N
|
12° 19' W
|
By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board the species referred to in that paragraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.
2.Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a, 3a and ICES subarea 4 from 1 January to 31 March 2018 and from 1 August to 31 December 2018.
The prohibition set out in the first subparagraph shall also apply to thirdcountry vessels authorised to fish for sandeel and associated bycatches in Union waters of ICES subarea 4.
Article 12
Prohibitions
1.It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following species:
(a)European eel (Anguilla anguilla) of an overall length of 12 cm or longer in Union waters of the ICES area and in the Baltic Sea;
(b)starry ray (Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;
(c)white shark (Carcharodon carcharías) in all waters;
(d)leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(e)Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(f)basking shark (Cetorhinus maximus) in all waters;
(g)kitefin shark (Dalatias licha) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(h)birdbeak dogfish (Deania calcea) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(i)common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;
(j)great lanternshark (Etmopterus princeps) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;
(k)smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;
(l)tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;
(m)porbeagle (Lamna nasus) in all waters;
(n)reef manta ray (Manta alfredi) in all waters;
(o)giant manta ray (Manta birostris) in all waters;
(p)the following species of Mobula rays in all waters:
(i)devil fish (Mobula mobular);
(ii)lesser Guinean devil ray (Mobula rochebrunei);
(iii)spinetail mobula (Mobula japanica);
(iv)smoothtail mobula (Mobula thurstoni);
(v)longhorned mobula (Mobula eregoodootenkee);
(vi)Munk’s devil ray (Mobula munkiana);
(vii)Chilean devil ray (Mobula tarapacana);
(viii)shortfin devil ray (Mobula kuhlii);
(ix)lesser devil ray (Mobula hypostoma);
(q)the following species of sawfish (Pristidae) in all waters:
(i)pointed sawfish (Anoxypristis cuspidata);
(ii)dwarf sawfish (Pristis clavata);
(iii)smalltooth sawfish (Pristis pectinata);
(iv)largetooth sawfish (Pristis pristis);
(v)green sawfish (Pristis zijsron);
(r)thornback ray (Raja clavata) in Union waters of ICES division 3a;
(s)Norwegian skate (Dipturus nidarosiensis) in Union waters of ICES divisions 6a, 6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;
(t)undulate ray (Raja undulata) in Union waters of ICES subareas 6 and 10;
(u)white skate (Rostroraja alba) in Union waters of ICES subareas 6, 7, 8, 9 and 10;
(v)guitarfishes (Rhinobatidae) in Union waters of ICES subareas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12;
(w)picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10, with the exception of avoidance programmes as set out in Annex IA;
(x)angel shark (Squatina squatina) in Union waters.
2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Article 13
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.
Chapter II
Fishing authorisations in thirdcountry waters
Article 14
Fishing authorisations
1.The maximum number of fishing authorisations for Union fishing vessels fishing in waters of a third country is set out in Annex III.
2.Where one Member State transfers quota to another Member State (‘swap’) in the fishing areas set out in Annex III to this Regulation on the basis of Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III to this Regulation, shall not be exceeded.
Chapter III
Fishing opportunities in waters of regional fisheries
management organisations
Article 15
Quota transfers and exchanges
1.Where, under the rules of a regional fisheries management organisation (‘RFMO’), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.
2.Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the relevant Contracting Party to the RFMO. Thereupon, the Commission shall express, without undue delay, the consent to be bound by such quota transfer or exchange with the relevant Contracting Party to the RFMO. The Commission shall notify the secretariat of the RFMO of the agreed quota transfer or exchange in accordance with the rules of that organisation.
3.The Commission shall inform the Member States of the agreed quota transfer or exchange.
4.The fishing opportunities received from or transferred to the relevant Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
5.This Article shall apply until 31 January 2019 for quota transfers from a RFMO Contracting Party to the Union and their subsequent allocation to Member States.
section 1
ICCAT Convention Area
Article 16
Fishing, farming and fattening capacity limitations
1.The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.
2.The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.
3.The number of Union fishing vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.
4.The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.
5.The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.
6.The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.
7.The maximum number of Union fishing vessels authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be limited as set out in point 7 of Annex IV.
8.The maximum number of Union fishing vessels of at least 20 metres length that fish for bigeye tuna in the ICCAT Convention Area shall be limited as set out in point 8 of Annex IV.
Article 17
Recreational fisheries
Where appropriate, Member States shall allocate a specific share for recreational fisheries from their quotas allocated in Annex ID.
Article 18
Sharks
1.Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.
2.It shall be prohibited to undertake a directed fishery for species of thresher sharks of the Alopias genus.
3.Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.
4.Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.
5.Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall be prohibited.
section 2
CCAMLR Convention Area
Article 19
Prohibitions and catch limitations
1.Direct fishing of the species set out in Part A of Annex V, shall be prohibited in the zones and during the periods set out therein.
2.For exploratory fisheries, the TACs and bycatch limits set out in Part B of Annex V, shall apply in the subareas set out therein.
Article 20
Exploratory fisheries
1.Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2018. If a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2018.
2.With regard to FAO subareas 88.1 and 88.2 as well as divisions 58.4.1, 58.4.2 and 58.4.3a, TACs and bycatch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Part B of Annex V. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.
3.Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid overconcentration of catch and fishing effort. However, fishing in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 m.
Article 21
Krill fishery during the 2017/2018 fishing season
1.If a Member State intends to fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2017/2018 fishing season, it shall notify the Commission, no later than 1 May 2017, using the format laid down in Part C of Annex V to this Regulation of its intention to fish for krill. On the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2017.
2.The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.
3.A Member State intending to fish for krill in the CCAMLR Convention Area shall notify its intention to do so only in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.
4.Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;
(b)a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.
5.Member States shall not authorise a vessel on any CCAMLR illegal, unreported and unregulated (IUU) Vessel List to participate in krill fisheries.
section 3
IOTC Area of Competence
Article 22
Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence
1.The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.
2.The maximum number of Union fishing vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.
3.Member States may reallocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.
4.Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna regional fisheries organisations. Furthermore, no vessels featuring on the list of vessels engaged in IUU fishing activities of any RFMO may be transferred.
5.Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in the development plans submitted to the IOTC.
Article 23
Drifting fish aggregating devices (FADs) and supply vessels
1.A purse seine vessel shall not deploy more than 425 active drifting FADs at any one time.
2.The number of Union supply vessels shall not exceed half of the Union purseseine vessels. For the purposes of this paragraph, the number of Union supply vessels and Union purseseine vessels shall be established on the basis of the IOTC register of active vessels.
Article 24
Sharks
1.Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited.
2.Retaining on board, transshipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.
3.When accidentally caught, species referred to in paragraphs 1 and 2 shall not be harmed. Specimens shall be promptly released.
section 4
SPRFMO Convention Area
Article 25
Pelagic fisheries
1.Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.
2.Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2017 to the total Union level of 78 600 gross tonnage in that area.
3.The fishing opportunities set out in Annex IJ may only be used under the condition that Member States send to the Commission the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems, monthly catch reports and, where available, port calls at the latest by the fifth day of the following month, in order to communicate this information to the SPRFMO Secretariat.
Article 26
Bottom fisheries
1.Member States shall limit their bottom fishing catch or effort in 2017 in the SPRFMO Convention Area to those parts of the Convention Area where bottom fishing has occurred from 1 January 2002 to 31 December 2006 and to a level that does not exceed the annual average levels of catches or effort parameters in that period. They may fish beyond the track record only if SPRFMO endorses their plan to fish beyond the track record.
2.Member States without a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall not fish, unless SPRFMO endorses their plan to fish without the track record.
section 5
IATTC Convention Area
Article 27
Purseseine fisheries
1.Fishing by purseseine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:
(a)
from 29 July 00:00 hours to 8 October 2018 24:00 hours or from 9 November 2017 00:00 hours to 19 January 2018 24:00 hours in the area defined by the following limits:
–the Pacific coastlines of the Americas,
–longitude 150º W,
–latitude 40º N,
–latitude 40º S;
(b)from 9 October 2018 00:00 hours to 8 November 2018 24:00 hours in the area defined by the following limits:
–longitude 96º W,
–longitude 110º W,
–latitude 4º N,
–latitude 3º S.
2.For each of their vessels, Member States concerned shall notify to the Commission before 1 April 2018 the selected period of closure referred to in paragraph 1. All the purseseine vessels of the Member States concerned shall stop purseseine fishing in the areas defined in paragraph 1 during the selected period.
3.Purseseine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4.Paragraph 3 shall not apply in the following cases:
(a)where the fish is considered unfit for human consumption for reasons other than size; or
(b)during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
Article 28
Drifting fish aggregating devices (FADs)
1. A purse-seine vessel shall not have more than 450 FADs active at any time in the IATTC Convention Area. A FAD is considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner, or operator. A FAD shall only be activated on board a purse-seine vessel.
2. A purse-seine vessel may not deploy FADs during 15 days before the start of the selected closure period set out in Article 27(1)(a) and it shall recover the same number of FADs as initially deployed within 15 days prior to the start of the closure period.
3.
Member States on a monthly basis shall report to the Commission daily information on all active FADs as required by the IATTC. The reports shall be submitted with a delay of at least 60 days, but not longer than 75 days. The Commission shall transmit that information to the IATTC Secretariat without delay.
Article 29
Catch limits for bigeye tuna in long-line fisheries
The total annual catches of bigeye tuna by longline vessels of each Member State in the IATTC Convention Area shall not exceed 500 metric tons or their respective yearly catches of bigeye tuna in 2001.
Article 30
Prohibition of fishing for oceanic whitetip sharks
1.It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks caught in that area.
2.When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released by vessel operators.
3.Vessel operators shall:
(a)record the number of releases with indication of status (dead or alive);
(b)report the information specified in point (a) to the Member State of which they are nationals. Member States shall transmit the information collected during the previous year to the Commission by 31 January.
Article 31
Prohibition of fishing for Mobulid rays
It shall be prohibited for Union fishing vessels in the IATTC Convention Area to fish for, to retain on board, to tranship, to land, to store, to offer to sell or to sell any part or whole carcass of Mobulid rays (family Mobulidae, which includes the genera Manta and Mobula). As soon as Union fishing vessels notice that Mobulid rays have been caught, Union fishing vessels shall promptly release them alive and unharmed wherever possible.
section 6
SEAFO Convention Area
Article 32
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:
–ghost catshark (Apristurus manis),
–blurred smooth lanternshark (Etmopterus bigelowi),
–shorttail lanternshark (Etmopterus brachyurus),
–great lanternshark (Etmopterus princeps),
–smooth lanternshark (Etmopterus pusillus),
–skates (Rajidae),
–velvet dogfish (Scymnodon squamulosus),
–deepsea sharks of the Selachimorpha superorder,
–picked dogfish (Squalus acanthias).
section 7
WCPFC Convention Area
Article 33
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries
1.Member States shall ensure that the number of fishing days allocated to purseseine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area located in the high seas between 20º N and 20º S does not exceed 403 days.
2.Union fishing vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.
3.Member States shall ensure that catches of bigeye tuna (Thunnus obesus) by longliners do not exceed 2 000 tonnes in 2017.
4.Member States shall ensure that the bycatch of bigeye tuna (Thunnus obesus) by purse seiners does not exceed 2 857 tonnes in 2017.
Article 34
Closed area for FAD fishing
1.In the part of the WCPFC Convention Area located between 20º N and 20º S, fishing activities of purseseine vessels making use of FADs shall be prohibited between 00:00 hours of 1 July 2017 and 24:00 hours of 31 October 2017. During that period, a purseseine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that at no time does the vessel:
(a)deploy or service a FAD or associated electronic device;
(b)fish on schools in association with FADs.
2.All purseseine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.
3.Paragraph 2 shall not apply in the following cases:
(a)in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;
(b)where the fish is unfit for human consumption for reasons other than size; or
(c)when a serious malfunction of freezer equipment occurs.
Article 35
Limitations to the number of Union fishing vessels authorised to fish for swordfish
The maximum number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20º S of the WCPFC Convention Area shall be as set out in Annex VII.
Article 36
Silky sharks and oceanic whitetip sharks
1.Retaining on board, transhipping, storing or landing any part or whole carcass of the following species in the WCPFC Convention Area shall be prohibited:
(a)silky sharks (Carcharhinus falciformis),
(b)oceanic whitetip sharks (Carcharhinus longimanus).
2.When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
Article 37
Overlap area between IATTC and WCPFC
1.Vessels listed exclusively in the WCPFC register shall apply the measures set out in this Section when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(s).
2.Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in Article 27(1)(a), (2), (3) and (4) and Articles 28, 29 and 30 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(s).
section 8
GFCM Agreement Area
Article 38
Small pelagic stocks in geographical subareas 17 and 18
1.Catches of small pelagic stocks by Union fishing vessels in the geographical subareas 17 and 18 shall not exceed the levels exerted in 2014, reported in accordance with Article 24 of Regulation (EU) No 1343/2011, as set out in Annex IL to this Regulation.
2.Union fishing vessels targeting small pelagic stocks in geographical subareas 17 and 18 shall not exceed 180 fishing days per year. Within this total of 180 fishing days, a maximum of 144 fishing days targeting sardine and a maximum of 144 fishing days targeting anchovy shall apply.
section 9
Bering Sea
Article 39
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.
TITLE III
FISHING OPPORTUNITIES
FOR THIRDCOUNTRY VESSELS IN UNION WATERS
Article 40
TACs
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in Union waters within the TACs set out in Annex I to this Regulation and shall be subject to the conditions provided for in this Regulation and Chapter III of Regulation (EC) No 1006/2008.
Article 41
Fishing authorisations
Fishing vessels flying the flag of Venezuela shall be subject to the conditions provided for in this Regulation and in Chapter III of Regulation (EC) No 1006/2008. The maximum number of fishing authorisations for thirdcountry vessels fishing in Union waters shall be as set out in Annex VIII.
Article 42
Conditions for landing catches and bycatches
The conditions specified in Article 7 shall apply to catches and bycatches of thirdcountry vessels fishing under the authorisations specified in Article 41.
Article 43
Prohibitions
1.It shall be prohibited for thirdcountry vessels to fish for, to retain on board, to tranship or to land the following species whenever they are found in Union waters:
(a)European eel (Anguilla anguilla) of an overall length of 12 cm or longer in Union waters of the ICES area and in the Baltic Sea;
(b)
starry ray (Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;
(c)the following species of sawfish in Union waters:
(i)pointed sawfish (Anoxypristis cuspidata);
(ii)dwarf sawfish (Pristis clavata);
(iii)smalltooth sawfish (Pristis pectinata);
(iv)largetooth sawfish (Pristis pristis);
(v)green sawfish (Pristis zijsron);
(d)basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in Union waters;
(e)common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;
(f)tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and ICES subareas 1, 4, 5, 6, 7, 8, 12 and 14;
(g)smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division 2a and ICES subareas 1, 4, 5, 6, 7, 8, 12 and 14;
(h)kitefin shark (Dalatias licha), birdbeak dogfish (Deania calcea), leafscale gulper shark (Centrophorus squamosus), great lanternshark (Etmopterus princeps) and Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and ICES subareas 1, 4 and 14;
(i)porbeagle (Lamna nasus) in Union waters;
(j)reef manta ray (Manta alfredi) in Union waters;
(k)giant manta ray (Manta birostris) in Union waters;
(l)the following species of Mobula rays in Union waters:
(i)devil fish (Mobula mobular);
(ii)lesser Guinean devil ray (Mobula rochebrunei);
(iii)spinetail mobula (Mobula japanica);
(iv)smoothtail mobula (Mobula thurstoni);
(v)longhorned mobula (Mobula eregoodootenkee);
(vi)Munk’s devil ray (Mobula munkiana);
(vii)Chilean devil ray (Mobula tarapacana);
(viii)shortfin devil ray (Mobula kuhlii);
(ix)lesser devil ray (Mobula hypostoma);
(m)hornback ray (Raja clavata) in Union waters of ICES division 3a;
(n)Norwegian skate (Dipturus nidarosiensis) in Union waters of ICES divisions 6a, 6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;
(o)undulate ray (Raja undulata) in Union waters of ICES subareas 6, 9 and 10 and white skate (Rostroraja alba) in Union waters of ICES subareas 6, 7, 8, 9 and 10;
(p)guitarfishes (Rhinobatidae) in Union waters of ICES subareas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12;
(q)picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10;
(r)angel shark (Squatina squatina) in Union waters.
2.When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.
TITLE IV
FINAL PROVISIONS
Article 44
Committee procedure
1.The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 45
Transitional provision
Articles 9, 11(2), 12, 18, 19, 24, 30, 31, 32, 36, 39, 43 shall continue to apply, mutatis mutandis, in 2019 until the entry into force of the Regulation fixing the fishing opportunities for 2019.
Article 46
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2018.
However, Article 8 shall apply from 1 February 2018.
The provisions on fishing opportunities set out in Articles 19, 20 and 21 and Annexes IE and V for certain stocks in the CCAMLR Convention Area shall apply from 1 December 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 7.11.2017
COM(2017) 645 final
ANNEXES
to the
Proposal for a Council Regulation
fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters
ANNEX IIA
FISHING EFFORT FOR VESSELS IN ICES SUBAREA 4
1.SCOPE
1.1.This Annex shall apply to Union fishing vessels carrying on board or deploying any of the gears referred to in Article 10 of Regulation (EC) No 1342/2008 and present in any of the geographical areas specified in that regulation.
1.2.This Annex shall not apply to vessels of less than 10 metres’ length overall. Those vessels shall not be required to carry fishing authorisations issued in accordance with Article 7 of Regulation (EC) No 1224/2009. Member States concerned shall assess the fishing effort of those vessels, using appropriate sampling methods.
2.AUTHORISATIONS
If a Member State deems it appropriate in order to reinforce the sustainable implementation of this effort regime, it may introduce a prohibition to fish with regulated gear in any of the geographical areas to which this Annex applies by any of vessels flying its flag which has no record of such fishing activity, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in that area.
3.MAXIMUM ALLOWABLE FISHING EFFORT
The maximum allowable effort referred to in Article 9(2) of Regulation (EC) No 676/2007 for the management period specified in Article 1(2)(b) of this Regulation shall be as follows:
Regulated gear: BT1+BT2: beam trawls (TBB) of mesh equal to or larger than 80 mm
Maximum allowable fishing effort in kilowatt days in ICES subarea 4:
Regulated gear
|
BE
|
DK
|
DE
|
NL
|
UK
|
BT1+BT2
|
pm
|
pm
|
pm
|
pm
|
pm
|
4.MANAGEMENT
4.1.Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 9 of Regulation (EC) No 676/2007 and Articles 26 to 35 of Regulation (EC) No 1224/2009.
4.2.A Member State may establish management periods for allocating all or parts of the maximum allowable effort to individual vessels or groups of vessels. In such case, the number of days or hours for which a vessel may be present within the area during a management period shall be fixed at the discretion of the Member State concerned. During any such management periods, the Member State concerned may reallocate effort between individual vessels or groups of vessels.
4.3.If a Member State authorises vessels flying its flag to be present within an area by hours, it shall continue measuring the consumption of days in accordance with the conditions referred to in point 4.1. Upon request by the Commission, the Member State concerned shall demonstrate its precautionary measures taken to avoid an excessive consumption of effort within the area due to a vessel terminating presences in the area before the end of a 24hour period.
5.FISHING EFFORT REPORT
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as ICES subarea 4.
6.COMMUNICATION OF RELEVANT DATA
Member States shall transmit to the Commission the data on fishing effort deployed by their fishing vessels in accordance with Articles 33 and 34 of Regulation (EC) No 1224/2009.
ANNEX IIB
FISHING EFFORT FOR VESSELS IN THE CONTEXT OF
THE RECOVERY OF CERTAIN SOUTHERN HAKE
AND NORWAY LOBSTER STOCKS
IN ICES DIVISIONS 8c AND 9a EXCLUDING THE GULF OF CÁDIZ
Chapter I
General Provisions
1.SCOPE
This Annex shall apply to Union fishing vessels of 10 metres’ length overall or more carrying on board or deploying trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm and gillnets of mesh size equal to or larger than 60 mm or bottom longlines in accordance with Regulation (EC) No 2166/2005, and present in ICES divisions 8c and 9a excluding the Gulf of Cádiz.
2.DEFINITIONS
For the purposes of this Annex:
(a)‘gear grouping’ means the grouping consisting of the following two gear categories:
(i)trawls, Danish seines or similar gears of mesh size equal to or larger than 32 mm; and
(ii)gillnets of mesh size equal to or larger than 60 mm and bottom longlines;
(b)‘regulated gear’ means any of the two gear categories belonging to the gear grouping;
(c)‘area’ means ICES divisions 8c and 9a excluding the Gulf of Cádiz;
(d)‘current management period’ means the period specified in Article 1(2)(b) of this Regulation;
(e)‘special conditions’ means the special conditions set out in point 6.1.
3.LIMITATION IN ACTIVITY
Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board any regulated gear, Union fishing vessels flying its flag shall be present within the area for no more than the number of days specified in Chapter III of this Annex.
Chapter II
Authorisations
4.AUTHORISED VESSELS
4.1.A Member State shall not authorise fishing with regulated gear in the area by any vessel flying its flag which has no record of such fishing activity in the area in the period from 2002 to 2015, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area.
4.2.A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 16(8) of Regulation (EU) No 1380/2013 and is allocated days at sea in accordance with point 11 or 12 of this Annex.
Chapter III
Number of days present within the area
allocated to Union fishing vessels
5.MAXIMUM NUMBER OF DAYS
5.1.During the current management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.
5.2.If a vessel is able to demonstrate that its hake catches represent less than 8 % of the total live weight of fish caught in a given fishing trip, the flag Member State of the vessel shall be allowed not to count the days at sea associated with that fishing trip against the applicable maximum number of days at sea as set out in Table I.
6.SPECIAL CONDITIONS FOR THE ALLOCATION OF DAYS
6.1.For the purposes of fixing the maximum number of days at sea that a Union fishing vessel may be authorised by its flag Member State to be present within the area, the following special conditions shall apply in accordance with Table I:
(a)the total landings of hake in each of the two calendar years 2013 and 2014 made by the vessel concerned shall represent less than 5 tonnes according to the landings in live weight; and
(b)the total landings of Norway lobster in the years specified in point (a) above made by the vessel concerned shall represent less than 2,5 tonnes according to the landings in live weight.
6.2.If a vessel benefits from an unlimited number of days as a result of its compliance with the special conditions, the vessel’s landings in the current management period shall not exceed 5 tonnes of the total landings in live weight of hake and 2,5 tonnes of the total landings in live weight of Norway lobster.
6.3.When either of the special conditions is not met by a vessel, that vessel shall, with immediate effect, no longer be entitled to the allocation of days corresponding to the given special condition.
6.4.The application of the special conditions referred to in point 6.1. may be transferred from one vessel to one or more other vessels which replace that vessel in the fleet, provided that the replacing vessel uses similar gear and does not have in any year of its operation a record of landings of hake and Norway lobster higher than the quantities specified in point 6.1.
Table I
Maximum number of days a vessel may be present within the area by fishing gear per year
Special condition
|
Regulated gear
|
Maximum number of days
|
|
Trawls, Danish seines and similar gears of mesh size ≥ 32 mm, gillnets of mesh size ≥ 60 mm and bottom longlines
|
ES
|
126
|
|
|
FR
|
109
|
|
|
PT
|
113
|
6.1.(a) and 6.1.(b)
|
Trawls, Danish seines and similar gears of mesh size ≥ 32 mm, gillnets of mesh size ≥ 60 mm and bottom longlines
|
Unlimited
|
7.KILOWATT DAY SYSTEM
7.1.A Member State may manage its fishing effort allocations in accordance with a kilowatt days system. Through that system it may authorise any vessel concerned by any regulated gear and special conditions as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear and to the special conditions is respected.
7.2.This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear and, where applicable, the special conditions. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if point 7.1. were not applied. For as long as the number of days is unlimited according to Table I, the relevant number of days the vessel would benefit from is 360.
7.3.A Member State wishing to benefit from the system referred to in point 7.1. shall submit a request to the Commission, for the regulated gear and special conditions as laid down in Table I, with reports in electronic format containing the details of the calculation based on:
(a)the list of vessels authorised to fish by indicating their Union fishing fleet register number (CFR) and their engine power;
(b)the track record of the years specified in point 6.1.(a) for such vessels reflecting the catch composition defined in the special condition referred to in point 6.1.(a) or (b), if these vessels are qualified for such special conditions;
(c)the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 7.1.
7.4.On the basis of that request, the Commission shall assess whether the conditions referred to in point 7 are complied with and, where applicable, may authorise that Member State to benefit from the system referred to in point 7.1.
8.ALLOCATION OF ADDITIONAL DAYS FOR PERMANENT CESSATION OF FISHING ACTIVITIES
8.1.An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of permanent cessations of fishing activities that have taken place during the preceding management period, either in accordance with Article 23 of Council Regulation (EC) No 1198/2006 or Council Regulation (EC) No 744/2008. Permanent cessations resulting from any other circumstances may be considered by the Commission on a casebycase basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.
8.2.The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the regulated gear shall be divided by the effort expended by all vessels using that gear during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from that calculation shall be rounded to the nearest whole day.
8.3.Points 8.1. and 8.2. shall not apply where a vessel has been replaced in accordance with point 3 or 6.4., or when the withdrawal has already been used in previous years to obtain additional days at sea.
8.4.A Member State wishing to benefit from the allocations referred to in point 8.1. shall submit a request to the Commission, by 15 June of the current management period, with reports in electronic format containing, for the gear grouping and special conditions as laid down in Table I, the details of the calculation based on:
(a)lists of withdrawn vessels with their Union fishing fleet register number (CFR) and their engine power;
(b)the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears and, if necessary, special conditions.
8.5.On the basis of such a request by a Member State the Commission may, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5.1. for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
8.6.During the current management period, a Member State may reallocate those additional days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears. Additional days stemming from a withdrawn vessel that benefited from a special condition referred to in point 6.1.(a) or (b) may not be allocated to a vessel remaining active that does not benefit from a special condition.
8.7.When the Commission allocates additional days at sea due to a permanent cessation of fishing activities during the preceding management period, the maximum number of days per Member State and gear shown in Table I shall be adjusted accordingly for the current management period.
9.ALLOCATION OF ADDITIONAL DAYS FOR ENHANCED SCIENTIFIC OBSERVER COVERAGE
9.1.Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and shall go beyond the requirements on data collection, as laid down in Council Regulation (EC) No 199/2008 and its implementing rules for national programmes.
9.2.Scientific observers shall be independent from the owner, the master of the vessel and any crew member.
9.3.A Member State wishing to benefit from the allocations referred to in point 9.1. shall submit a description of its enhanced scientific observer coverage programme to the Commission for approval.
9.4.On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate the Member State concerned a number of days additional to that referred to in point 5.1. for that Member State and for the vessels, the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
9.5.If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.
Chapter IV
Management
10.GENERAL OBLIGATION
Member States shall manage the maximum allowable effort in accordance with the conditions laid down in Article 8 of Regulation (EC) No 2166/2005 and Articles 26 to 35 of Regulation (EC) No 1224/2009.
11.MANAGEMENT PERIODS
11.1.A Member State may divide the days present within the area set out in Table I into management periods of durations of one or more calendar months.
11.2.The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.
11.3.Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 10. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area before the end of a 24hour period.
Chapter V
Exchanges of fishing effort allocations
12.TRANSFER OF DAYS BETWEEN FISHING VESSELS FLYING THE FLAG OF A MEMBER STATE
12.1.A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Union fishing fleet register.
12.2.The total number of days present within the area transferred in accordance with point 12.1., multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel’s average annual days track record in the area as verified by the fishing logbook in the years specified in point 6.1.(a) multiplied by the engine power in kilowatts of that vessel.
12.3.The transfer of days as described in point 12.1. shall be permitted between vessels operating with any regulated gear and during the same management period.
12.4.The transfer of days is only permitted for vessels benefiting from an allocation of fishing days without special conditions.
12.5.On request from the Commission, Member States shall provide information on the transfers that have taken place. The format of spreadsheets for the collection and transmission of information referred to in this point may be established by the Commission, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
13.TRANSFER OF DAYS BETWEEN FISHING VESSELS FLYING THE FLAG OF DIFFERENT MEMBER STATES
Member States may permit the transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.1. and 4.2. and 12 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission, before the transfer takes place, of the details of the transfer, including the number of days to be transferred, the fishing effort and, where applicable, the fishing quotas relating thereto.
Chapter VI
Reporting obligations
14.FISHING EFFORT REPORT
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area specified in point 2 of this Annex.
15.COLLECTION OF RELEVANT DATA
Member States shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kilowatt days, on the basis of information used for the management of fishing days present within the area as set out in this Annex.
16.COMMUNICATION OF RELEVANT DATA
Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in point 15 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission’s request, send detailed information to the Commission on effort allocated and consumed covering all or parts of the current and the precedent management periods, using the data format specified in Tables IV and V.
Table II
Reporting format kWday information by management period
Member State
|
Gear
|
Management period
|
Cumulative effort declaration
|
(1)
|
(2)
|
(3)
|
(4)
|
Table III
Data format kWday information by management period
Name of field
|
Maximum number of characters/digits
|
Alignment(1) L(eft)/R(ight)
|
Definition and comments
|
(1)
Member State
|
3
|
|
Member State (Alpha3 ISO code) in which the vessel is registered
|
(2)
Gear
|
2
|
|
One of the following gear types:
TR = trawls, Danish seines and similar gear ≥ 32 mm
GN = gillnets ≥ 60 mm
LL = bottom longlines
|
(3)
Management period
|
4
|
|
One management period in the period from the 2006 management period to the current management period
|
(4)
Cumulative effort declaration
|
7
|
R
|
Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 February until 31 January of the relevant management period
|
(1)
Information relevant for transmission of data by fixedlength formatting.
|
Table IV
Reporting format for vesselrelated information
Member State
|
CFR
|
External marking
|
Length of management period
|
Gear notified
|
Special condition applying to notified gear(s)
|
Days eligible using notified gear(s)
|
Days spent with notified gear(s)
|
Transfer of days
|
|
|
|
|
No 1
|
No 2
|
No 3
|
…
|
No 1
|
No 2
|
No 3
|
…
|
No 1
|
No 2
|
No 3
|
…
|
No 1
|
No 2
|
No 3
|
…
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(5)
|
(5)
|
(5)
|
(6)
|
(6)
|
(6)
|
(6)
|
(7)
|
(7)
|
(7)
|
(7)
|
(8)
|
(8)
|
(8)
|
(8)
|
(9)
|
Table V
Data format for vesselrelated information
Name of field
|
Maximum number of characters/digits
|
Alignment(1)
L(eft)/R(ight)
|
Definition and comments
|
(1)
Member State
|
3
|
|
Member State (Alpha3 ISO code) in which vessel is registered
|
(2)
CFR
|
12
|
|
Union fishing fleet register number (CFR)
Unique identification number of a fishing vessel
Member State (Alpha3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros shall be inserted on the left hand side
|
(3)
External marking
|
14
|
L
|
Under Commission Regulation (EEC) No 1381/87(2)
|
(4)
Length of management period
|
2
|
L
|
Length of the management period measured in months
|
(5)
Gears notified
|
2
|
L
|
One of the following gear types:
TR = trawls, Danish seines and similar gear ≥ 32 mm
GN = gillnets ≥ 60 mm
LL = bottom longlines
|
(6)
Special condition applying to notified gear(s)
|
2
|
L
|
Indication of which, if any, of the special condition referred to in point 6.1.(a) or (b) of Annex IIB that apply
|
(7)
Days eligible using notified gear(s)
|
3
|
L
|
Number of days for which the vessel is eligible under Annex IIB for the choice of gears and length of management period notified
|
(8)
Days spent with notified gear(s)
|
3
|
L
|
Number of days the vessel actually spent present within the area and using gear corresponding to gear notified during the notified management period
|
(9)
Transfers of days
|
4
|
L
|
For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’
|
(1)
Information relevant for transmission of data by fixedlength formatting.
(2)
Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (OJ L 132, 21.5.1987, p. 9).
|
ANNEX IIC
FISHING EFFORT FOR VESSELS IN THE CONTEXT
OF THE MANAGEMENT OF WESTERN CHANNEL
SOLE STOCKS IN ICES DIVISION 7e
Chapter I
General provisions
1.SCOPE
1.1.This Annex shall apply to Union fishing vessels of 10 metres length overall or more carrying on board or deploying beam trawls of mesh size equal to or greater than 80 mm and static nets including gillnets, trammelnets and tanglenets with mesh size equal to or less than 220 mm in accordance with Regulation (EC) No 509/2007, and present in ICES division 7e.
1.2.Vessels fishing with static nets with mesh size equal to or larger than 120 mm and with track records of less than 300 kg live weight of sole per year during the three previous years, according to their fishing records, shall be exempt from the application of this Annex subject to the following conditions:
(a)such vessels caught less than 300 kg live weight of sole during the 2015 management period;
(b)such vessels do not tranship any fish at sea to another vessel;
(c)by 31 July 2018 and 31 January 2019 each Member State concerned makes a report to the Commission on these vessels’ catch records for sole in the three previous years as well as on catches of sole in 2018.
Where any of these conditions is not met, the vessels concerned shall cease to be exempt from the application of this Annex, with immediate effect.
2.DEFINITIONS
For the purposes of this Annex the following definitions shall apply:
(a)‘gear grouping’ means the grouping consisting of the following two gear categories:
(i)beam trawls of mesh size equal to or greater than 80 mm; and
(ii)static nets, including gillnets, trammel nets and tanglenets, with mesh size equal to or less than 220 mm;
(b)‘regulated gear’ means any of the two gear categories belonging to the gear grouping;
(c)‘area’ means ICES division 7e;
(d)‘current management period’ means the period from 1 February 2018 to 31 January 2019.
3.LIMITATION IN ACTIVITY
Without prejudice to Article 29 of Regulation (EC) No 1224/2009, each Member State shall ensure that, when carrying on board any regulated gear, Union fishing vessels flying its flag and registered in the Union shall be present within the area for no more than the number of days set out in Chapter III of this Annex.
Chapter II
Authorisations
4.AUTHORISED VESSELS
4.1A Member State shall not authorise fishing with regulated gear in the area by any vessel flying its flag which has no record of such fishing activity in the area in the period from 2002 to 2015, excluding the record of fishing activities as a result of transfer of days between fishing vessels, unless it ensures that equivalent capacity, measured in kilowatts, is prevented from fishing in the area.
4.2However, a vessel with a track record of using a regulated gear may be authorised to use a different fishing gear, provided that the number of days allocated to this latter gear is greater than or equal to the number of days allocated to the regulated gear.
4.3A vessel flying the flag of a Member State having no quotas in the area shall not be authorised to fish in the area with regulated gear, unless the vessel is allocated a quota after a transfer as permitted in accordance with Article 16(8) of Regulation (EU) No 1380/2013 and is allocated days at sea in accordance with point 10 or 11 of this Annex.
Chapter III
Number of days present within the area
allocated to Union fishing vessels
5.MAXIMUM NUMBER OF DAYS
During the current management period, the maximum number of days at sea for which a Member State may authorise a vessel flying its flag to be present within the area having carried on board any regulated gear is shown in Table I.
Table I
Maximum number of days a vessel may be present within the area
by category of regulated gear per year
Regulated gear
|
Maximum number of days
|
Beam trawls of mesh size ≥ 80 mm
|
BE
|
176
|
|
FR
|
188
|
|
UK
|
222
|
Static nets with mesh size ≤ 220 mm
|
BE
|
176
|
|
FR
|
191
|
|
UK
|
176
|
6.KILOWATT DAY SYSTEM
6.1.During the current management period, a Member State may manage its fishing effort allocations in accordance with a kilowatt days system. Through that system it may authorise any vessel concerned by any regulated gear as set out in Table I to be present within the area for a maximum number of days which is different from that set out in that Table, provided that the overall amount of kilowatt days corresponding to the regulated gear is respected.
6.2.This overall amount of kilowatt days shall be the sum of all individual fishing efforts allocated to the vessels flying the flag of that Member State and qualified for the regulated gear. Such individual fishing efforts shall be calculated in kilowatt days by multiplying the engine power of each vessel by the number of days at sea it would benefit from, according to Table I, if point 6.1. were not applied.
6.3.A Member State wishing to benefit from the system referred to in point 6.1. shall submit a request to the Commission, for the regulated gear as laid down in Table I, with reports in electronic format containing the details of the calculation based on:
(a)the list of vessels authorised to fish by indicating their Union fishing fleet register number (CFR) and their engine power;
(b)the number of days at sea for which each vessel would have initially been authorised to fish according to Table I and the number of days at sea which each vessel would benefit from in application of point 6.1.
6.4.On the basis of that request, the Commission shall assess whether the conditions referred to in point 6 are complied with and, where applicable, may authorise that Member State to benefit from the system referred to in point 6.1.
7.ALLOCATION OF ADDITIONAL DAYS FOR PERMANENT CESSATION OF FISHING ACTIVITIES
7.1.An additional number of days at sea on which a vessel may be authorised by its flag Member State to be present within the area when carrying on board any regulated gear may be allocated to a Member State by the Commission on the basis of permanent cessations of fishing activities that have taken place during the preceding management period either in accordance with Article 23 of Regulation (EC) No 1198/2006 or Regulation (EC) No 744/2008. Permanent cessations resulting from any other circumstances may be considered by the Commission on a casebycase basis, following a written and duly motivated request from the Member State concerned. Such written request shall identify the vessels concerned and confirm, for each of them, that they shall never return to fishing activities.
7.2.The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using a given gear grouping shall be divided by the effort expended by all vessels using that gear grouping during 2003. The additional number of days at sea shall be then calculated by multiplying the ratio so obtained by the number of days that would have been allocated according to Table I. Any part of a day resulting from that calculation shall be rounded to the nearest whole day.
7.3.Points 7.1.and 7.2. shall not apply where a vessel has been replaced in accordance with point 4.2., or when the withdrawal has already been used in previous years to obtain additional days at sea.
7.4.A Member State wishing to benefit from the allocations referred to in point 7.1. shall submit a request to the Commission, by 15 June of the current management period, with reports in electronic format containing for the gear grouping as laid down in Table I, the details of the calculation based on:
(a)lists of withdrawn vessels with their Union fishing fleet register number (CFR) and their engine power;
(b)the fishing activity deployed by such vessels in 2003 calculated in days at sea according to the grouping of fishing gears.
7.5.On the basis of such a request by a Member State the Commission may, by means of implementing acts, allocate that Member State a number of days additional to that referred to in point 5 for that Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
7.6.During the current management period, a Member State may reallocate those additional days at sea to all or part of the vessels remaining in fleet and qualified for the regulated gears.
7.7.When the Commission allocates additional days at sea due to a permanent cessation of fishing activities during the preceding management period the maximum number of days per Member State and gear shown in Table I shall be adjusted accordingly for the current management period.
8.ALLOCATION OF ADDITIONAL DAYS FOR ENHANCED SCIENTIFIC OBSERVER COVERAGE
8.1.Three additional days on which a vessel may be present within the area when carrying on board any regulated gear may be allocated between 1 February 2018 and 31 January 2019 to a Member State by the Commission on the basis of an enhanced programme of scientific observer coverage in partnership between scientists and the fishing industry. Such a programme shall focus in particular on levels of discarding and on catch composition and go beyond the requirements on data collection, as laid down in Regulation (EC) No 199/2008 and its implementing rules for national programmes.
8.2.Scientific observers shall be independent from the owner, the master of the fishing vessel and any crew member.
8.3.A Member State wishing to benefit from the allocations referred to in point 8.1. shall submit a description of its enhanced scientific observer coverage programme to the Commission for approval.
8.4.On the basis of that description, and after consultation with STECF, the Commission may, by means of implementing acts, allocate the Member State concerned a number of days additional to that referred to in point 5 for that Member State and for the vessels, the area and gear concerned by the enhanced programme of scientific observers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
8.5.If an enhanced scientific observer coverage programme submitted by a Member State has been approved by the Commission in the past and the Member State concerned wishes to continue its application without changes, it shall inform the Commission of the continuation of that programme four weeks before the beginning of the period for which the programme applies.
Chapter IV
Management
9.GENERAL OBLIGATION
Member States shall manage the maximum allowable effort in accordance with Articles 26 to 35 of Regulation (EC) No 1224/2009.
10.MANAGEMENT PERIODS
10.1.A Member State may divide the days present within the area set out in Table I into management periods of durations of one or more calendar months.
10.2.The number of days or hours for which a vessel may be present within the area during a management period shall be fixed by the Member State concerned.
10.3.Where a Member State authorises vessels flying its flag to be present within the area by hours, the Member State shall continue measuring the consumption of days as specified in point 9. Upon request by the Commission, the Member State shall demonstrate its precautionary measures taken to avoid an excessive consumption of days within the area due to a vessel terminating presences in the area before the end of a 24hour period.
Chapter V
Exchanges of fishing effort allocations
11.TRANSFER OF DAYS BETWEEN FISHING VESSELS FLYING THE FLAG OF A MEMBER STATE
11.1.A Member State may permit any fishing vessel flying its flag to transfer days present within the area for which it has been authorised to another vessel flying its flag within the area, provided that the product of the days received by a vessel multiplied by its engine power in kilowatts (kilowatt days) is equal to or less than the product of the days transferred by the donor vessel and the engine power in kilowatts of that vessel. The engine power in kilowatts of the vessels shall be that recorded for each vessel in the Union fishing fleet register.
11.2.The total number of days present within the area transferred in accordance with point 11.1., multiplied by the engine power in kilowatts of the donor vessel, shall not be higher than the donor vessel’s average annual days track record in the area as verified by the fishing logbook in the years 2001, 2002, 2003, 2004 and 2005 multiplied by the engine power in kilowatts of that vessel.
11.3.The transfer of days as described in point 11.1. shall be permitted between vessels operating with any regulated gear and during the same management period.
11.4.On request from the Commission, Member States shall provide information on the transfers that have taken place. Formats of spreadsheet for the collection and transmission of information referred to in this point may be established by the Commission, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(2).
12.TRANSFER OF DAYS BETWEEN FISHING VESSELS FLYING THE FLAG OF DIFFERENT MEMBER STATES
Member States may permit transfer of days present within the area for the same management period and within the area between any fishing vessels flying their flags provided that points 4.2., 4.4., 5, 6 and 10 apply mutatis mutandis. Where Member States decide to authorise such a transfer, they shall notify the Commission before the transfer takes place, the details of the transfer, including the number of days to be transferred, the fishing effort and, where applicable, the fishing quotas relating thereto.
Chapter VI
Reporting obligations
13.FISHING EFFORT REPORT
Article 28 of Regulation (EC) No 1224/2009 shall apply to vessels falling under the scope of this Annex. The geographical area referred to in that Article shall be understood as the area specified in point 2 of this Annex.
14.COLLECTION OF RELEVANT DATA
Member States shall collect on a quarterly basis the information about total fishing effort deployed within the area for towed gears and static gears, effort deployed by vessels using different types of gear in the area, and the engine power of those vessels in kilowatt days, on the basis of information used for the management of fishing days present within the area as set out in this Annex.
15.COMMUNICATION OF RELEVANT DATA
Upon request from the Commission, Member States shall make available to the Commission a spreadsheet with data specified in point 14 in the format specified in Tables II and III by sending it to the appropriate electronic mailbox address, which shall be communicated to the Member States by the Commission. Member States shall, upon the Commission’s request, send detailed information to the Commission on effort allocated and consumed covering all or parts of the 2014 and 2015 management periods, using the data format specified in Tables IV and V.
Table II
Reporting format kWday information by management period
Member State
|
Gear
|
Management period
|
Cumulative effort declaration
|
(1)
|
(2)
|
(3)
|
(4)
|
Table III
Data format kWday information by management period
Name of field
|
Maximum number of characters/digits
|
Alignment(1)
L(eft)/R(ight)
|
Definition and comments
|
(1)
Member State
|
3
|
|
Member State (Alpha3 ISO code) in which the vessel is registered
|
(2)
Gear
|
2
|
|
One of the following gear types:
BT = beam trawls ≥ 80 mm
GN = gillnet < 220 mm
TN = trammel net or entangling net < 220 mm
|
(3)
Management period
|
4
|
|
One year in the period from the 2006 management period to the current management period
|
(4)
Cumulative effort declaration
|
7
|
R
|
Cumulative amount of fishing effort expressed in kilowatt days deployed from 1 February until 31 January of the relevant management period
|
(1)
Information relevant for transmission of data by fixedlength formatting.
|
Table IV
Reporting format for vesselrelated information
Member State
|
CFR
|
External marking
|
Length of management period
|
Gear notified
|
Days eligible using notified gear(s)
|
Days spent with notified gear(s)
|
Transfer of days
|
|
|
|
|
No 1
|
No 2
|
No 3
|
…
|
No 1
|
No 2
|
No 3
|
…
|
No 1
|
No 2
|
No 3
|
…
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(5)
|
(5)
|
(5)
|
(6)
|
(6)
|
(6)
|
(6)
|
(7)
|
(7)
|
(7)
|
(7)
|
(8)
|
Table V
Data format for vesselrelated information
Name of field
|
Maximum number of characters/digits
|
Alignment(1)
L(eft)/R(ight)
|
Definition and comments
|
(1)
Member State
|
3
|
|
Member State (Alpha3 ISO code) in which vessel is registered
|
(2)
CFR
|
12
|
|
Union fishing fleet register number (CFR)
Unique identification number of a fishing vessel
Member State (Alpha3 ISO code) followed by an identifying series (9 characters). Where a series has fewer than 9 characters, additional zeros shall be inserted on the left hand side
|
(3)
External marking
|
14
|
L
|
Under Regulation (EEC) No 1381/87
|
(4)
Length of management period
|
2
|
L
|
Length of the management period measured in months
|
(5)
Gears notified
|
2
|
L
|
One of the following gear types:
BT = beam trawls ≥ 80 mm
GN = gillnet < 220 mm
TN = trammel net or entangling net < 220 mm
|
(6)
Special condition applying to notified gear(s)
|
3
|
L
|
Number of days for which the vessel is eligible under Annex IIC for the choice of gears and length of management period notified
|
(7)
Days spent with notified gear(s)
|
3
|
L
|
Number of days the vessel actually spent present within the area and using a gear corresponding to gear notified during the notified management period
|
(8)
Transfers of days
|
4
|
L
|
For days transferred indicate ‘– number of days transferred’ and for days received indicate ‘+ number of days transferred’
|
(1)
Information relevant for transmission of data by fixedlength formatting.
|
ANNEX IID
MANAGEMENT AREAS FOR SANDEEL IN ICES DIVISIONS 2a, 3a AND ICES SUBAREA 4
For the purposes of the management of the fishing opportunities of sandeel in ICES divisions 2a, 3a and ICES subarea 4 fixed in Annex IA, the management areas within which specific catch limits apply are defined as shown below and in the Appendix to this Annex:
Sandeel management area
|
ICES statistical rectangles
|
1r
|
31–33 E9–F4; 33 F5; 34–37 E9–F6; 38–40 F0–F5; 41 F4–F5
|
2r
|
35 F7–F8; 36 F7–F9; 37 F7–F8; 38-41 F6–F8; 42 F6–F9; 43 F7–F9; 44 F9–G0; 45 G0–G1; 46 G1
|
3r
|
41–46 F1–F3; 42–46 F4–F5; 43–46 F6; 44–46 F7–F8; 45–46 F9; 46–47 G0; 47 G1 and 48 G0
|
4
|
38–40 E7–E9 and 41–46 E6–F0
|
5r
|
47–52 F1–F5
|
6
|
41–43 G0–G3; 44 G1
|
7r
|
47–52 E6–F0
|
Appendix 1 to Annex IID
SANDEEL MANAGEMENT AREAS
ANNEX III
MAXIMUM NUMBER OF FISHING AUTHORISATIONS
FOR UNION FISHING VESSELS FISHING IN THIRDCOUNTRY WATERS
Area of fishing
|
Fishery
|
Number of fishing authorisations
|
Allocation of fishing authorisations amongst Member States
|
Maximum number of vessels present at any time
|
Norwegian waters and fishery zone around Jan Mayen
|
Herring, north of 62° 00' N
|
pm
|
DK
|
pm
|
pm
|
|
|
|
DE
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
IE
|
pm
|
|
|
|
|
NL
|
pm
|
|
|
|
|
PL
|
pm
|
|
|
|
|
SV
|
pm
|
|
|
|
|
UK
|
pm
|
|
|
Demersal species, north of 62° 00' N
|
pm
|
DE
|
pm
|
pm
|
|
|
|
IE
|
pm
|
|
|
|
|
ES
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
PT
|
pm
|
|
|
|
|
UK
|
pm
|
|
|
|
|
Unallocated
|
pm
|
|
|
Mackerel (1)
|
Not relevant
|
Not relevant
|
pm
|
|
Industrial species, south of 62° 00' N
|
pm
|
DK
|
pm
|
pm
|
|
|
|
UK
|
pm
|
|
Faroese waters
|
All trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines
|
pm
|
BE
|
pm
|
pm
|
|
|
|
DE
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
UK
|
pm
|
|
|
Directed fisheries for cod and haddock with a minimum mesh of 135 mm, restricted to the area south of 62° 28′ N and east of 6° 30′ W
|
pm (2)
|
Not relevant
|
pm
|
|
Trawl fisheries outside 21 miles from the Faroese baseline. In the periods from 1 March to 31 May and from 1 October to 31 December, these vessels may operate in the area between 61° 20′ N and 62° 00′ N and between 12 and 21 miles from the baselines
|
pm
|
BE
|
pm
|
pm
|
|
|
|
DE
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
UK
|
pm
|
|
|
Trawl fisheries for blue ling with a minimum mesh of 100 mm in the area south of 61° 30′ N and west of 9° 00′ W and in the area between 7° 00′ W and 9° 00′ W south of 60° 30′ N and in the area southwest of a line between 60° 30′ N, 7° 00′ W and 60°00′ N, 6°00′ W
|
pm
|
DE (3)
|
pm
|
pm (4)
|
|
|
|
FR (3)
|
pm
|
|
|
Directed trawl fisheries for saithe with a minimum mesh size of 120 mm and with the possibility to use roundstraps around the codend
|
pm
|
Not relevant
|
pm (4)
|
|
Fisheries for blue whiting. The total number of fishing authorisations may be increased by four vessels to form pairs, should the Faroese authorities introduce special rules of access to an area called ‘main fishing area of blue whiting’
|
pm
|
DE
|
pm
|
pm
|
|
|
|
DK
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
NL
|
pm
|
|
|
|
|
UK
|
pm
|
|
|
|
|
SE
|
pm
|
|
|
|
|
ES
|
pm
|
|
|
|
|
IE
|
pm
|
|
|
|
|
PT
|
pm
|
|
|
Line fisheries
|
pm
|
UK
|
pm
|
pm
|
|
Mackerel
|
pm
|
DK
|
pm
|
pm
|
|
|
|
BE
|
pm
|
|
|
|
|
DE
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
IE
|
pm
|
|
|
|
|
NL
|
pm
|
|
|
|
|
SE
|
pm
|
|
|
|
|
UK
|
pm
|
|
|
Herring, north of 62° 00' N
|
pm
|
DK
|
pm
|
pm
|
|
|
|
DE
|
pm
|
|
|
|
|
IE
|
pm
|
|
|
|
|
FR
|
pm
|
|
|
|
|
NL
|
pm
|
|
|
|
|
PL
|
pm
|
|
|
|
|
SE
|
pm
|
|
|
|
|
UK
|
pm
|
|
I, IIb (5)
|
Fishery for snow crab with pots
|
pm
|
EE
|
pm
|
Not applicable
|
|
|
|
ES
|
pm
|
|
|
|
|
LV
|
pm
|
|
|
|
|
LT
|
pm
|
|
|
|
|
PL
|
pm
|
|
(1)
Without prejudice to additional licences granted to Sweden by Norway in accordance with established practice.
(2)
These figures are included in the figures for all trawl fisheries with vessels of not more than 180 feet in the zone between 12 and 21 miles from the Faroese baselines.
(3)
These figures refer to the maximum number of vessels present at any time.
(4)
These figures are included in the figures for ‘Trawl fisheries outside 21 miles from the Faroese baselines’.
(5)
The allocation of fishing opportunities available to the Union in the zone of Svalbard is without prejudice to the rights and obligations deriving from the Treaty of Paris of 1920.
|
ANNEX IV
ICCAT CONVENTION AREA
1.Maximum number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic
Spain
|
pm
|
France
|
pm
|
Union
|
pm
|
2.Maximum number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean
Spain
|
pm
|
France
|
pm
|
Italy
|
pm
|
Cyprus
|
pm
|
Malta
|
pm2
|
Union
|
pm
|
3.Maximum number of Union fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Adriatic Sea for farming purposes
Croatia
|
pm
|
Italy
|
pm
|
Union
|
pm
|
4.Maximum number and total capacity in gross tonnage of fishing vessels of each Member State that may be authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean
Table A
|
Number of fishing vessels
|
|
Cyprus
|
Greece
|
Croatia
|
Italy
|
France
|
Spain
|
Malta
|
Purse Seiners
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
Longliners
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
Baitboat
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
Handline
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
Trawler
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
Other artisanal
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
pm
|
Table B
|
Total capacity in gross tonnage
|
|
Cyprus
|
Croatia
|
Greece
|
Italy
|
France
|
Spain
|
Malta
|
Purse Seiners
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
Longliners
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
Baitboats
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
Handlines
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
Trawlers
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
Other artisanal
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
To be established
|
5.Maximum number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery authorised by each Member State
|
Number of traps
|
Spain
|
pm
|
Italy
|
pm
|
Portugal
|
pm
|
6.Maximum bluefin tuna farming capacity and fattening capacity for each Member State and maximum input of wild caught bluefin tuna that each Member State may allocate to its farms in the eastern Atlantic and Mediterranean
Table A
Maximum tuna farming capacity and fattening capacity
|
|
Number of farms
|
Capacity (in tonnes)
|
Spain
|
pm
|
pm
|
Italy
|
pm
|
pm
|
Greece
|
pm
|
pm
|
Cyprus
|
pm
|
pm
|
Croatia
|
pm
|
pm
|
Malta
|
pm
|
pm
|
Table B
Maximum input of wild caught bluefin tuna (in tonnes)
|
Spain
|
pm
|
Italy
|
pm
|
Greece
|
pm
|
Cyprus
|
pm
|
Croatia
|
pm
|
Malta
|
pm
|
Portugal
|
pm
|
7.The distribution between the Member States of the maximum number of fishing vessels flying the flag of a Member State authorised to fish for northern albacore as a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be as follows:
Member State
|
Maximum number of vessels
|
Ireland
|
pm
|
Spain
|
pm
|
France
|
pm
|
United Kingdom
|
pm
|
Portugal
|
pm
|
8.Maximum number of Union fishing vessels of at least 20 meters length that fish for bigeye tuna in the ICCAT Convention Area shall be as follows:
Member State
|
Maximum number of vessels with purse seines
|
Maximum number of vessels with longlines
|
Spain
|
pm
|
pm
|
France
|
pm
|
pm
|
Portugal
|
pm
|
pm
|
Union
|
pm
|
pm
|
ANNEX V
CCAMLR CONVENTION AREA
PART A
PROHIBITION OF DIRECTED FISHING IN CCAMLR CONVENTION AREA
Target species
|
Zone
|
Period of prohibition
|
Sharks (all species)
|
Convention Area
|
pm
|
Notothenia rossii
|
FAO 48.1. Antarctic, in the Peninsula Area
FAO 48.2. Antarctic, around the South Orkneys
FAO 48.3. Antarctic, around South Georgia
|
pm
|
Finfish
|
FAO 48.1. Antarctic(1)
FAO 48.2. Antarctic(1)
|
pm
|
Gobionotothen gibberifrons
Chaenocephalus aceratus
Pseudochaenichthys georgianus
Lepidonotothen squamifrons
Patagonotothen guntheri
Electrona carlsbergi(1)
|
FAO 48.3.
|
pm
|
Dissostichus spp.
|
FAO 48.5. Antarctic
|
pm
|
Dissostichus spp.
|
FAO 88.3. Antarctic(1)
FAO 58.5.1. Antarctic(1) (2)
FAO 58.5.2. Antarctic east of 79° 20' E and outside the EEZ to the west of 79° 20' E(1)
FAO 58.4.4. Antarctic(1) (2)
FAO 58.6. Antarctic(1) (2)
FAO 58.7. Antarctic(1)
|
pm
|
Lepidonotothen squamifrons
|
FAO 58.4.4.(1) (2)
|
pm
|
All species except Champsocephalus gunnari and Dissostichus eleginoides
|
FAO 58.5.2. Antarctic
|
pm
|
Dissostichus mawsoni
|
FAO 48.4. Antarctic(1) within the area bounded by latitudes 55° 30' S and 57° 20' S and by longitudes 25o 30' W and 29o 30' W
|
pm
|
(1)
Except for scientific research purposes.
(2)
Excluding waters subject to national jurisdiction (EEZs).
|
PART B
TACs AND BYCATCH LIMITS FOR EXPLORATORY FISHERIES IN THE CCAMLR CONVENTION AREA IN 2016/2017
Subarea/
Division
|
Region
|
Season
|
SSRUs
|
Dissostichus mawsoni catch limit (in tonnes)
|
|
Bycatch catch limit (in tonnes)
|
|
|
|
SSRU
|
Limit
|
|
|
Skates and rays
|
Macrourus spp.
|
Other species
|
58.4.1.
|
Whole Division
|
pm
|
A, B, D, F, H
|
pm
|
pm
|
58411
|
pm
|
pm
|
pm
|
|
|
|
C (including 58.4.1_1, 58.4. 1_2)
|
pm
|
|
58412
|
pm
|
pm
|
pm
|
|
|
|
|
|
|
58413
|
pm
|
pm
|
pm
|
|
|
|
E (58.4.1_3, 58.4.1_4)
|
pm
|
|
58414
|
pm
|
pm
|
pm
|
|
|
|
|
|
|
58415
|
pm
|
pm
|
pm
|
|
|
|
G (including 58.4.1_5, 58.4.1_6)
|
pm
|
|
58416
|
pm
|
pm
|
pm
|
|
|
|
|
|
|
|
pm
|
pm
|
pm
|
58.4.2.
|
Whole Division
|
pm
|
A, B, C, D
|
pm
|
pm
|
|
pm
|
pm
|
pm
|
|
|
|
E (including 58.4.2_1)
|
pm
|
|
|
|
|
|
58.4.3a.
|
Whole Division58.4.3a._1
|
pm
|
|
pm
|
pm
|
|
pm
|
pm
|
pm
|
|
|
|
Not relevant
|
pm
|
|
|
|
|
|
|
|
|
|
pm
|
|
|
|
|
|
88.1.
|
Whole Subarea
|
pm
|
A, D, E, F, M
|
pm
|
pm
|
|
|
|
|
|
|
B, C, G
|
pm
|
|
A, D, E, F, M
|
pm
|
A, D, E, F, M
|
pm
|
A, D, E, F, M
|
pm
|
|
|
|
H, I, K
|
pm
|
|
B, C, G
|
pm
|
B, C, G
|
pm
|
B, C, G
|
pm
|
|
|
|
J, L
|
pm
|
|
H, I, K
|
pm
|
H, I, K
|
pm
|
H, I, K
|
pm
|
|
|
|
|
pm
|
|
J, L
|
pm
|
J, L
|
pm
|
J, L
|
pm
|
88.2.
|
|
pm
|
A, B, I
|
pm
|
pm
|
|
pm
|
|
|
|
|
|
C, D, E, F, G (88.2_1 to 88.2_4)
|
pm
|
|
A, B
|
pm
|
A, B
|
pm
|
A, B
|
pm
|
|
|
|
H
|
pm
|
|
C, D, E, F, G, H, I
|
pm
|
C, D, E, F, G, H, I
|
pm
|
C, D, E, F, G, H, I
|
pm
|
|
|
Appendix to Annex V, Part B
List of SmallScale Research Units (SSRUs)
Region
|
SSRU
|
Boundary line
|
48.6
|
A
|
From 50° S 20° W, due east to 1°30' E, due south to 60° S, due west to 20° W, due north to 50° S.
|
|
B
|
From 60° S 20° W, due east to 10° W, due south to coast, westward along coast to 20° W, due north to 60° S.
|
|
C
|
From 60° S 10° W, due east to 0° longitude, due south to coast, westward along coast to 10° W, due north to 60° S.
|
|
D
|
From 60° S 0° longitude, due east to 10° E, due south to coast, westward along coast to 0° longitude, due north to 60° S.
|
|
E
|
From 60° S 10° E, due east to 20° E, due south to coast, westward along coast to 10° E, due north to 60° S.
|
|
F
|
From 60° S 20° E, due east to 30° E, due south to coast, westward along coast to 20° E, due north to 60° S.
|
|
G
|
From 50° S 1° 30' E, due east to 30° E, due south to 60° S, due west to 1° 30' E, due north to 50° S.
|
58.4.1
|
A
|
From 55° S 86° E, due east to 150° E, due south to 60° S, due west to 86° E, due north to 55° S.
|
|
B
|
From 60° S 86° E, due east to 90° E, due south to coast, westward along coast to 80° E, due north to 64° S, due east to 86° E, due north to 60° S.
|
|
C
|
From 60° S 90° E, due east to 100° E, due south to coast, westward along coast to 90° E, due north to 60° S.
|
|
D
|
From 60° S 100° E, due east to 110° E, due south to coast, westward along coast to 100° E, due north to 60° S.
|
|
E
|
From 60° S 110° E, due east to 120° E, due south to coast, westward along coast to 110° E, due north to 60° S.
|
|
F
|
From 60° S 120° E, due east to 130° E, due south to coast, westward along coast to 120° E, due north to 60° S.
|
|
G
|
From 60° S 130° E, due east to 140° E, due south to coast, westward along coast to 130° E, due north to 60° S.
|
|
H
|
From 60° S 140° E, due east to 150° E, due south to coast, westward along coast to 140° E, due north to 60° S.
|
58.4.2
|
A
|
From 62° S 30° E, due east to 40° E, due south to coast, westward along coast to 30° E, due north to 62° S.
|
|
B
|
From 62° S 40° E, due east to 50° E, due south to coast, westward along coast to 40° E, due north to 62° S.
|
|
C
|
From 62° S 50° E, due east to 60° E, due south to coast, westward along coast to 50° E, due north to 62° S.
|
|
D
|
From 62° S 60° E, due east to 70° E, due south to coast, westward along coast to 60° E, due north to 62° S.
|
|
E
|
From 62° S 70° E, due east to 73° 10' E, due south to 64° S, due east to 80° E, due south to coast, westward along coast to 70° E, due north to 62° S.
|
58.4.3a
|
A
|
Whole division, from 56° S 60° E, due east to 73°10' E, due south to 62° S, due west to 60° E, due north to 56° S.
|
58.4.3b
|
A
|
From 56° S 73° 10' E, due east to 79° E, south to 59° S, due west to 73°10' E, due north to 56° S.
|
|
B
|
From 60° S 73° 10' E, due east to 86° E, south to 64° S, due west to 73°10' E, due north to 60° S.
|
|
C
|
From 59° S 73° 10' E, due east to 79° E, south to 60° S, due west to 73°10' E, due north to 59° S.
|
|
D
|
From 59° S 79° E, due east to 86° E, south to 60° S, due west to 79° E, due north to 59° S.
|
|
E
|
From 56° S 79° E, due east to 80° E, due north to 55° S, due east to 86° E, south to 59° S, due west to 79° E, due north to 56°S.
|
58.4.4
|
A
|
From 51° S 40° E, due east to 42° E, due south to 54° S, due west to 40° E, due north to 51° S.
|
|
B
|
From 51° S 42° E, due east to 46° E, due south to 54° S, due west to 42° E, due north to 51° S.
|
|
C
|
From 51° S 46° E, due east to 50° E, due south to 54° S, due west to 46° E, due north to 51° S.
|
|
D
|
Whole division excluding SSRUs A, B, C, and with outer boundary from 50° S 30° E, due east to 60° E, due south to 62° S, due west to 30° E, due north to 50° S.
|
58.6
|
A
|
From 45° S 40° E, due east to 44° E, due south to 48° S, due west to 40° E, due north to 45° S.
|
|
B
|
From 45° S 44° E, due east to 48° E, due south to 48° S, due west to 44° E, due north to 45° S.
|
|
C
|
From 45° S 48° E, due east to 51° E, due south to 48° S, due west to 48° E, due north to 45° S.
|
|
D
|
From 45° S 51° E, due east to 54° E, due south to 48° S, due west to 51° E, due north to 45° S.
|
58.7
|
A
|
From 45° S 37° E, due east to 40° E, due south to 48° S, due west to 37° E, due north to 45° S.
|
88.1
|
A
|
From 60° S 150° E, due east to 170° E, due south to 65° S, due west to 150° E, due north to 60° S.
|
|
B
|
From 60° S 170° E, due east to 179° E, due south to 66°40' S, due west to 170° E, due north to 60° S.
|
|
C
|
From 60° S 179° E, due east to 170° W, due south to 70° S, due west to 178° W, due north to 66°40' S, due west to 179° E, due north to 60° S.
|
|
D
|
From 65° S 150° E, due east to 160° E, due south to coast, westward along coast to 150° E, due north to 65° S.
|
|
E
|
From 65° S 160° E, due east to 170° E, due south to 68° 30' S, due west to 160° E, due north to 65° S.
|
|
F
|
From 68° 30' S 160° E, due east to 170° E, due south to coast, westward along coast to 160° E, due north to 68° 30' S.
|
|
G
|
From 66° 40' S 170° E, due east to 178° W, due south to 70° S, due west to 178° 50' E, due south to 70° 50' S, due west to 170° E, due north to 66°40' S.
|
|
H
|
From 70° 50' S 170° E, due east to 178° 50' E, due south to 73° S, due west to coast, northward along coast to 170° E, due north to 70° 50' S.
|
|
I
|
From 70° S 178° 50' E, due east to 170° W, due south to 73° S, due west to 178° 50' E, due north to 70° S.
|
|
J
|
From 73° S at coast near 170° E, due east to 178° 50' E, due south to 80° S, due west to 170° E, northward along coast to 73° S.
|
|
K
|
From 73° S 178° 50' E, due east to 170° W, due south to 76° S, due west to 178° 50' E, due north to 73° S.
|
|
L
|
From 76° S 178° 50' E, due east to 170° W, due south to 80° S, due west to 178° 50' E, due north to 76° S.
|
|
M
|
From 73° S at coast near 169° 30' E, due east to 170° E, due south to 80° S, due west to coast, northward along coast to 73° S.
|
88.2
|
A
|
From 60° S 170° W, due east to 160° W, due south to coast, westward along coast to 170° W, due north to 60° S.
|
|
B
|
From 60° S 160° W, due east to 150° W, due south to coast, westward along coast to 160° W, due north to 60° S.
|
|
C
|
From 70° 50' S 150° W, due east to 140° W, due south to coast, westward along coast to 150° W, due north to 70° 50' S.
|
|
D
|
From 70° 50' S 140° W, due east to 130° W, due south to coast, westward along coast to 140° W, due north to 70° 50' S.
|
|
E
|
From 70° 50' S 130° W, due east to 120° W, due south to coast, westward along coast to 130° W, due north to 70° 50' S.
|
|
F
|
From 70° 50' S 120° W, due east to 110° W, due south to coast, westward along coast to 120° W, due north to 70° 50' S.
|
|
G
|
From 70°50' S 110° W, due east to 105° W, due south to coast, westward along coast to 110° W, due north to 70° 50' S.
|
|
H
|
From 65° S 150° W, due east to 105° W, due south to 70° 50' S, due west to 150° W, due north to 65° S.
|
|
I
|
From 60° S 150° W, due east to 105° W, due south to 65° S, due west to 150°W, due north to 60° S.
|
88.3
|
A
|
From 60° S 105° W, due east to 95° W, due south to coast, westward along coast to 105° W, due north to 60° S.
|
|
B
|
From 60° S 95° W, due east to 85° W, due south to coast, westward along coast to 95° W, due north to 60° S.
|
|
C
|
From 60° S 85° W, due east to 75° W, due south to coast, westward along coast to 85° W, due north to 60° S.
|
|
D
|
From 60° S 75° W, due east to 70° W, due south to coast, westward along coast to 75° W, due north to 60° S.
|
PART C
ANNEX 2103/A
NOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY
FOR EUPHAUSIA SUPERBA
General information
Member:
Fishing season:
Name of vessel:
Expected level of catch (tonne):
Vessel’s daily processing capacity (tonnes in green weight):
Intended fishing subareas and divisions
This conservation measure applies to notifications of intentions to fish for krill in Subareas 48.1, 48.2, 48.3 and 48.4 and Divisions 58.4.1 and 58.4.2. Intentions to fish for krill in other subareas and divisions must be notified under Conservation Measure 2102.
Subarea/Division
|
Tick the appropriate boxes
|
48.1
|
□
|
48.2
|
□
|
48.3
|
□
|
48.4
|
□
|
58.4.1
|
□
|
58.4.2
|
□
|
Fishing technique:
|
Tick the appropriate boxes
|
|
□ Conventional trawl
|
|
□ Continuous fishing system
|
|
□ Pumping to clear codend
|
|
□ Other method: Please specify
|
Product types and methods for direct estimation of green weight of krill caught
Product type
|
Method for direct estimation of green weight of krill caught, where relevant (refer to Annex 2103/B)(1)
|
Whole frozen
|
|
Boiled
|
|
Meal
|
|
Oil
|
|
Other product, please specify
|
|
(1)
If the method is not listed in Annex 2103/B, then please describe in detail
|
Net configuration
Net measurements
|
Net 1
|
Net 2
|
Other net(s)
|
Net opening (mouth)
|
|
|
|
Maximum vertical opening (m)
|
|
|
|
Maximum horizontal opening (m)
|
|
|
|
Net circumference at mouth(1) (m)
|
|
|
|
Mouth area (m2)
|
|
|
|
Panel average mesh size(3) (mm)
|
Outer(2)
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Inner(2)
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Outer(2)
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Inner(2)
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Outer(2)
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Inner(2)
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1st panel
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2nd panel
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3rd panel
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…
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Final panel (Codend)
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(1)
Expected in operational conditions.
(2)
Size of outer mesh, and inner mesh where a liner is used.
(3)
Inside measurement of stretched mesh based on the procedure in Conservation Measure 2201.
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Net diagram(s):
For each net used, or any change in net configuration, refer to the relevant net diagram in the CCAMLR fishing gear library if available (www.ccamlr.org/node/74407), or submit a detailed diagram and description to the forthcoming meeting of WGEMM. Net diagrams must include:
1.Length and width of each trawl panel (in sufficient detail to allow calculation of the angle of each panel with respect to water flow.)
2.Mesh size (inside measurement of stretched mesh based on the procedure in Conservation Measure 2201), shape (e.g. diamond shape) and material (e.g. polypropylene).
3.Mesh construction (e.g. knotted, fused).
4.Details of streamers used inside the trawl (design, location on panels, indicate ‘nil’ if streamers are not in use); streamers prevent krill fouling the mesh or escaping.
Marine mammal exclusion device
Device diagram(s):
For each type of device used, or any change in device configuration, refer to the relevant diagram in the CCAMLR fishing gear library if available (www.ccamlr.org/node/74407), or submit a detailed diagram and description to the forthcoming meeting of WGEMM.
Collection of acoustic data
Provide information on the echosounders and sonars used by the vessel.
Type (e.g. echosounder, sonar)
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Manufacturer
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Model
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Transducer frequencies (kHz)
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Collection of acoustic data (detailed description):
Outline steps which will be taken to collect acoustic data to provide information on the distribution and abundance of Euphausia superba and other pelagic species such as myctophiids and salps (SCCAMLRXXX, paragraph 2.10)
ANNEX 2103/B
GUIDELINES FOR ESTIMATING
THE GREEN WEIGHT OF KRILL CAUGHT
Method
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Equation (kg)
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Parameter
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|
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Description
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Type
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Estimation method
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Unit
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Holding tank volume
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W*L*H*ρ*1 000
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W = tank width
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Constant
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Measure at the start of fishing
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m
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L = tank length
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Constant
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Measure at the start of fishing
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m
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|
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ρ = volumetomass conversion factor
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Variable
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Volumetomass conversion
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kg/litre
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|
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H = depth of krill in tank
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Haulspecific
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Direct observation
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m
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Flow meter(1)
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V*Fkrill*ρ
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V = volume of krill and water combined
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Haul1specific
|
Direct observation
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litre
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Fkrill = fraction of krill in the sample
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Haul1specific
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Flow meter volume correction
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|
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ρ = volumetomass conversion factor
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Variable
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Volumetomass conversion
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kg/litre
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Flow meter(2)
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(V*ρ)–M
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V = volume of krill paste
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Haul1specific
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Direct observation
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litre
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M = amount of water added to the process, converted to mass
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Haul1specific
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Direct observation
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kg
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ρ = density of krill paste
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Variable
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Direct observation
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kg/litre
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Flow scale
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M*(1–F)
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M = mass of krill and water combined
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Haul2specific
|
Direct observation
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kg
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|
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F = fraction of water in the sample
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Variable
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Flow scale mass correction
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Plate tray
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(M–Mtray)*N
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Mtray = mass of empty tray
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Constant
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Direct observation prior to fishing
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kg
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M = mean mass of krill and tray combined
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Variable
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Direct observation, prior to freezing with water drained
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kg
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N = number of trays
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Haulspecific
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Direct observation
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Meal conversion
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Mmeal*MCF
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Mmeal = mass of meal produced
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Haulspecific
|
Direct observation
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kg
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MCF = meal conversion factor
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Variable
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Meal to whole krill conversion
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|
Codend volume
|
W*H*L*ρ*π/4*1 000
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W = codend width
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Constant
|
Measure at the start of fishing
|
m
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|
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H = codend height
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Constant
|
Measure at the start of fishing
|
m
|
|
|
ρ = volumetomass conversion factor
|
Variable
|
Volumetomass conversion
|
kg/litre
|
|
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L = codend length
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Haulspecific
|
Direct observation
|
m
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Other
|
Please specify
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|
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(1)
Individual haul when using a conventional trawl, or integrated over a sixhour period when using the continuous fishing system.
(2)
Individual haul when using a conventional trawl, or a twohour period when using the continuous fishing system.
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Observation steps and frequency
Holding tank volume
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At the start of fishing
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Measure the width and length of the holding tank (if the tank is not rectangular in shape, then additional measurements may be required; precision ±0,05 m)
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Every month(1)
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Estimate the volumetomass conversion derived from the drained mass of krill in a known volume (e.g. 10 litres) taken from the holding tank
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Every haul
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Measure the depth of krill in the tank (if krill are held in the tank between hauls, then measure the difference in depth; precision ±0,1 m)
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|
Estimate the green weight of krill caught (using equation)
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Flow meter (1)
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Prior to fishing
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Ensure that the flow meter is measuring whole krill (i.e. prior to processing)
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More than once per month (1)
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Estimate the volumetomass conversion (ρ) derived from the drained mass of krill in a known volume (e.g. 10 litres) taken from the flow meter
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Every haul (2)
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Obtain a sample from the flow meter and:
|
|
measure the volume (e.g. 10 litres) of krill and water combined
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|
estimate the flow meter volume correction derived from the drained volume of krill
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|
Estimate the green weight of krill caught (using equation)
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Flow meter (2)
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Prior to fishing
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Ensure that both flow meters (one for the krill product and one for the water added) are calibrated (i.e. show the same, correct reading)
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Every week (1)
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Estimate the density (ρ) of the krill product (ground krill paste) by measuring the mass of a known volume of krill product (e.g. 10 litres) taken from the corresponding flow meter
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Every haul (2)
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Read both flow meters, and calculate the total volumes of the krill product (ground krill paste) and that of the water added; density of the water is assumed to be 1 kg/litre
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Estimate the green weight of krill caught (using equation)
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Flow scale
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Prior to fishing
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Ensure that the flow scale is measuring whole krill (i.e. prior to processing)
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Every haul (2)
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Obtain a sample from the flow scale and:
|
|
measure the mass of krill and water combined
|
|
estimate the flow scale mass correction derived from the drained mass of krill
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|
Estimate the green weight of krill caught (using equation)
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Plate tray
|
Prior to fishing
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Measure the mass of the tray (if trays vary in design, then measure the mass of each type; precision ±0,1 kg)
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Every haul
|
Measure the mass of krill and tray combined (precision ±0,1 kg)
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|
Count the number of trays used (if trays vary in design, then count the number of trays of each type)
|
|
Estimate the green weight of krill caught (using equation)
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Meal conversion
|
Every month(1)
|
Estimate the meal to whole krill conversion by processing 1 000 to 5 000 kg (drained mass) of whole krill
|
Every haul
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Measure the mass of meal produced
|
|
Estimate the green weight of krill caught (using equation)
|
Codend volume
|
At the start of fishing
|
Measure the width and height of the codend (precision ±0,1 m)
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Every month (1)
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Estimate the volumetomass conversion derived from the drained mass of krill in a known volume (e.g. 10 litres) taken from the codend
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Every haul
|
Measure the length of codend containing krill (precision ±0,1 m)
|
|
Estimate the green weight of krill caught (using equation)
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_________________
(1)
A new period will commence when the vessel moves to a new subarea or division.
(2)
Individual haul when using a conventional trawl, or integrated over a sixhour period when using the continuous fishing system.
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ANNEX VI
IOTC AREA OF COMPETENCE
1.Maximum number of Union fishing vessels authorised to fish for tropical tunas in the IOTC Area of Competence
Member State
|
Maximum number of vessels
|
Capacity (gross tonnage)
|
Spain
|
pm
|
pm
|
France
|
pm
|
pm
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Portugal
|
pm
|
pm
|
Italy
|
pm
|
pm
|
Union
|
pm
|
pm
|
2.Maximum number of Union fishing vessels authorised to fish for swordfish and albacore in the IOTC Area of Competence
Member State
|
Maximum number of vessels
|
Capacity (gross tonnage)
|
Spain
|
pm
|
pm
|
France
|
pm(1)
|
pm
|
Portugal
|
pm
|
pm
|
United Kingdom
|
pm
|
pm
|
Union
|
pm
|
pm
|
(1)
This figure does not include vessels registered in Mayotte; it may be increased in the future in accordance with Mayotte’s fleet development plan.
|
3.The vessels referred to in point 1 shall also be authorised to fish for swordfish and albacore in the IOTC Area of Competence.
4.The vessels referred to in point 2 shall also be authorised to fish for tropical tunas in the IOTC Area of Competence.
ANNEX VII
WCPFC CONVENTION AREA
Maximum number of Union fishing vessels authorised to fish for swordfish in areas south of 20° S of the WCPFC Convention Area
ANNEX VIII
QUANTITATIVE LIMITATIONS OF FISHING AUTHORISATIONS
FOR THIRDCOUNTRY VESSELS FISHING IN UNION WATERS
Flag State
|
Fishery
|
Number of fishing authorisations
|
Maximum number of vessels present at any time
|
Norway
|
Herring, north of 62° 00' N
|
pm
|
pm
|
Faroe Islands
|
Mackerel, 6a (north of 56° 30' N), 2a, 4a (north of 59º N)
Horse mackerel, 4, 6a (north of 56° 30' N), 7e, 7f, 7h
|
pm
|
pm
|
|
Herring, north of 62° 00' N
|
pm
|
pm
|
|
Herring, 3a
|
pm
|
pm
|
|
Industrial fishing for Norway pout, 4, 6a (north of 56° 30' N) (including unavoidable bycatches of blue whiting)
|
pm
|
pm
|
|
Ling and tusk
|
pm
|
pm
|
|
Blue whiting, 2, 4a, 5, 6a (north of 56° 30' N), 6b, 7 (west of 12° 00' W)
|
pm
|
pm
|
|
Blue ling
|
pm
|
pm
|
Venezuela(1)
|
Snappers (French Guiana waters)
|
pm
|
pm
|
(1)
To issue those fishing authorisations, proof must be produced that a valid contract exists between the ship owner applying for the fishing authorisation and a processing undertaking situated in the Department of French Guiana, and that it includes an obligation to land at least 75 % of all snapper catches from the vessel concerned in that department so that they may be processed in that undertaking’s plant. Such a contract must be endorsed by the French authorities, which shall ensure that it is consistent both with the actual capacity of the contracting processing undertaking and with the objectives for the development of the Guianese economy. A copy of the duly endorsed contract shall be appended to the fishing authorisation application. Where such an endorsement is refused, the French authorities shall give notification of this refusal and state their reasons for it to the party concerned and to the Commission.
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