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Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95

EU Regulation No 1954/2003 · Adopted 4 November 2003 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Council Regulation (EC) No 1954/2003

of 4 November 2003

on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95

Contents

  1. Chapter I: SCOPE AND DEFINITIONS
  2. 1Scope
  3. 2Definitions
  4. Chapter II: FISHING EFFORT MANAGEMENT REGIME
  5. Title I: Provisions concerning certain fisheries
  6. 3Measures concerning the catching of demersal species and certain molluscs and crustaceans Repealed
  7. 4Fishing vessels less than 15 metres and 10 metres
  8. 5Conditions for certain fishing activities Repealed
  9. Title II
  10. 6... The biologically sensitive area
  11. Title III: General provisions
  12. 7Lists of vessels
  13. 8Regulation of fishing effort
  14. 9Article 9
  15. 10Notification Repealed
  16. 11Maximum annual effort
  17. 12Adaptations
  18. Chapter III: CONTROL REGIME
  19. 13Control provisions
  20. 14Amendments Repealed
  21. Chapter IV: FINAL PROVISIONS
  22. 15Repeal
  23. 16Entry into force Repealed
  24. Signature
  25. Annex
  26. 1Maximum Annual Fishing Effort
  27. 2Maximum Annual Fishing Effort: the biologically sensitive area

1Scope

This Regulation establishes the criteria and procedures for a system relating to the management of fishing effort in F1those parts of ICES areas V, VI, VII, VIII, IX and X and CECAF divisions 34.1.1, 34.1.2 and 34.2.0 F2which are within United Kingdom waters.

2Definitions

For the purpose of this Regulation the following definitions shall apply:

  1. (a)

    ICES and CECAF zones are as defined in F1Regulation (EC) No 218/2009 of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic;

  2. (b)

    ‘fishing effort’ means the product of the capacity and the activity of a fishing vessel; for a group of vessels it means the sum of fishing effort exerted by each vessel of the group.

F2For the calculation of fishing effort, as defined in point (b), the fishing capacity of a vessel must be measured as the installed power expressed in kilowatts (kW).

3Measures concerning the catching of demersal species and certain molluscs and crustaceansF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Fishing vessels less than 15 metres and 10 metresF1

1.

A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 15 metres in length overall for each fishery listed in paragraph 3 in relation to each of the areas and divisions referred to in Article 1, excluding the biologically sensitive area.

2.

A fisheries administration must, jointly with the other fisheries administrations, determine the average annual fishing effort during the period 1998 to 2002 of United Kingdom fishing vessels less than 10 metres in length overall for each fishery listed in paragraph 3 in relation to the biologically sensitive area.

3.

The fisheries referred to in paragraphs 1 and 2 are—

(a)

demersal fisheries, excluding demersal fisheries covered by Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep-sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic;

(b)

fisheries for scallops;

(c)

fisheries for edible crab and spider crab.

(4.)

A fisheries administration must, jointly with the other fisheries administrations, ensure that the fishing effort of these vessels is limited to the average annual level of fishing effort determined conforming to paragraphs 1 and 2.

5Conditions for certain fishing activitiesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6... The biologically sensitive areaF4

1.

F1In this Regulation, references to ‘the biologically sensitive area’ are references to the area enclosed by the coast of Ireland to the south of 53° 30' N and to the west of 07° 00' W and straight lines sequentially joining the following geographical coordinates:

  • a point on the coast of Ireland at latitude 53° 30' N

  • latitude 53° 30' N, longitude 12° 00' W

  • latitude 53° 00' N, longitude 12° 00' W

  • latitude 51° 00' N, longitude 11° 00' W

  • latitude 49° 30' N, longitude 11° 00' W

  • latitude 49° 30' N, longitude 07° 00' W

  • a point on the coast of Ireland at longitude 07° 00' W.

F22.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Lists of vessels

1.

The F1Secretary of State shall establish a list of F2United Kingdom fishing vessels which are authorised to carry out their fishing activities in the fisheries defined in F3Article 4(3) in the areas and divisions referred to in Article 1.

2.

F4Vessels on the list referred to in paragraph 1 may subsequently F5be replaced provided that the total fishing effort of vessels in any area and fishery defined in F6paragraph 1 does not increase.

8Regulation of fishing effort

F11.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.

F2A fisheries administration shall regulate fishing effort by monitoring the activity of F3the fleet and by taking appropriate action if the level of the fishing effort authorised under Article 11 is about to be reached, to ensure that effort does not exceed the set limits.

3.

F4A fisheries administration shall issue F5authorisations for United Kingdom fishing vessels which engage in fishing activities in the fisheries referred to in F6Article 4(3) in the areas and divisions referred to in Article 1 in accordance with F7Article 7 of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.

9

F1A fisheries administration may limit fishing activities by F2United Kingdom fishing vessels to specific gear, seasons or parts of an ICES area or CECAF division.

10NotificationF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Maximum annual effortF1

1.

The maximum levels of annual fishing effort in the areas and divisions referred to in Article 1, excluding the biologically sensitive area, for United Kingdom fishing vessels equal to or more than 15 metres in length overall are set out in Part 1 of the Annex to this Regulation by reference to group of species.

2.

The maximum levels of annual fishing effort in the biologically sensitive area for United Kingdom fishing vessels equal to or more than 10 metres in length overall are set out in Part 2 of the Annex to this Regulation by reference to group of species.

3.

The maximum levels of annual fishing effort fixed in Parts 1 and 2 of the Annex are without prejudice to fishing effort limitations fixed under recovery plans or any other management measure under relevant F2assimilated direct law provided that the measure with the lower amount of fishing effort is complied with.

12AdaptationsF1

1.

Subject to paragraphs 2 and 3, the Secretary of State may, by regulations, adjust the maximum annual fishing effort in Article 11 either by an increase of the maximum fishing effort in a particular area or division, or by a shift of fishing effort between areas or divisions.

2.

Where, in the circumstances described in paragraph 4, the exercise of the power to make regulations under paragraph 1 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under that power the Secretary of State must obtain the consent of—

(a)

the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation in the circumstances described in paragraph 4;

(b)

the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 4;

(c)

the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation in the circumstances described in paragraph 4.

3.

Before making any regulations under this Article, the Secretary of State must—

(a)

obtain scientific information on the relevant fishing stocks; and

(b)

consult—

(i)

such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations,

(ii)

such other bodies or persons as the Secretary of State may consider appropriate.

(4.)

The circumstances referred to in paragraph 2 are circumstances where the power in paragraph 1 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.

(5.)

Regulations made by the Secretary of State under this Article are to be made by statutory instrument.

(6.)

A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

(7.)

Such regulations may—

(a)

contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 ));

(b)

make different provision for different purposes.

13Control provisionsF1

For the purposes of this Regulation, Section 2 of Chapter 1 of Title 4 of Council Regulation (EC) No 1224/2009 shall apply in the areas and divisions referred to in Article 1.

14AmendmentsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Repeal

1.

Regulations (EC) No 685/95 and (EC) No 2027/95 shall be repealed with effect from:

(a)

the date of entry into force of the Regulation referred to in Article 11(2) or (3);

or

(b)

1 August 2004,

whichever is the earlier.

2.

References made to the repealed Regulations shall be construed as being made to this Regulation.

16Entry into forceF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

F1...

1Maximum Annual Fishing EffortF1

Demersal species excluding those covered by Regulation (EU) 2016/2336

1 For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.

Fishing area (except, where appropriate, for the biologically sensitive area)Annual average of fishing effort, in kW(x) days1, for vessels equal to or more than 15 metres in length
ICES V, VI24,017,229
ICES VII25,756,266
ICES VIII248,406
ICES IX0
ICES X0
CECAF 34.1.10
CECAF 34.1.20
CECAF 34.2.00
Total50,021,901

Scallops

1 For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.

Fishing area (except, where appropriate, for the biologically sensitive area)Annual average of fishing effort, in kW(x) days1, for vessels equal to or more than 15 metres in length
ICES V, VI1,974,425
ICES VII3,315,619
ICES VIII0
ICES IX0
ICES X0
CECAF 34.1.10
CECAF 34.1.20
CECAF 34.2.00
Total5,209,044

Edible crab and spider crab

1 For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.

Fishing area (except, where appropriate, for the biologically sensitive area)Annual average of fishing effort, in kW(x) days1, for vessels equal to or more than 15 metres in length
ICES V, VI702,292
ICES VII543,366
ICES VIII0
ICES IX0
ICES X0
CECAF 34.1.10
CECAF 34.1.20
CECAF 34.2.00
Total1,245,658

2Maximum Annual Fishing Effort: the biologically sensitive areaF1

1 For the calculation of fishing effort by vessel in a particular area, the activity is defined, for the vessel absent from port, as the number of days at sea by trip in the area, rounded up to the nearest whole number.

Target species in the biologically sensitive areaAnnual average of fishing effort, in kW(x) days1, for vessels equal to or more than 10 metres in length overall
Demersal species excluding those covered by Regulation (EU) 2016/23363,061,485
Scallops1,223
Edible crab and spider crab393
Total3,063,101