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Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks

EU Regulation No 2015/2006 · Adopted 19 December 2006 · Extends to United Kingdom

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Council Regulation (EC) No 2015/2006

of 19 December 2006

fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policyf1, and in particular Article 20 thereof,

Having regard to the proposal of the Commission,

Whereas:

(1)

Under Article 4 of Regulation (EC) No 2371/2002 the Council is to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account, inter alia, available scientific advice.

(2)

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunities by fishery or group of fisheries and to allocate them in accordance with prescribed criteria.

(3)

The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning certain stocks of fish found in the deep sea indicates that those stocks are harvested unsustainably, and that fishing opportunities for those stocks should be reduced in order to assure their sustainability.

(4)

The ICES has further advised that the exploitation rate of orange roughy in ICES Area VII is much too high. Scientific advice further indicates that orange roughy in Area VI is heavily depleted, and areas of vulnerable aggregations of these species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.

(5)

In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established.

(6)

In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year to year management of TACs and quotasf2, it is necessary to indicate which stocks are subject to the various measures fixed therein.

(7)

The measures provided for in this Regulation should be fixed by reference to ICES zones as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlanticf3 and to CECAF zones (Committee for Eastern Central Atlantic Fisheries) as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlanticf4.

(8)

The fishing opportunities should be utilised in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fishf5, Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vesselsf6, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyf7, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permitsf8, Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organismsf9 Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable for fishing for deep-sea stocksf10, and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98f11,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 358, 31.12.2002, p. 59.

f2

OJ L 115, 9.5.1996, p. 3.

f3

OJ L 365, 31.12.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).

f4

OJ L 270, 13.11.1995, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

f5

OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Commission Regulation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).

f6

OJ L 132, 21.5.1987, p. 9.

f7

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

f8

OJ L 171, 6.7.1994, p. 7.

f9

OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 2166/2005 (OJ L 345, 28.12.2005, p. 5).

f10

OJ L 351, 28.12.2002, p. 6. Regulation as amended by Regulation (EC) No 2269/2004 (OJ L 396, 31.12.2004, p. 1).

f11

OJ L 349, 31.12.2005, p. 1.

Contents

  1. 1Subject-matter
  2. 2Definitions
  3. 3Fixing of fishing opportunities
  4. 4Allocation among Member States
  5. 5Quota flexibility
  6. 6Conditions for landing catch and by-catch
  7. 7Orange Roughy
  8. 8Entry into force
  9. Signature
  10. Annex
  11. 1Definition of Species and Species Groups
  12. 2Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)

1Subject-matter

This Regulation fixes for 2007 and for 2008, for stocks of deep-sea species and for Community fishing vessels, annual fishing opportunities in zones in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.

2Definitions

1.

For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002.

2.

The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.

3Fixing of fishing opportunities

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

4Allocation among Member States

The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:

  1. (a)

    exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;

  2. (b)

    reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;

  3. (c)

    additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;

  4. (d)

    quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;

  5. (e)

    deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.

5Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytic’ quotas.

However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.

6Conditions for landing catch and by-catch

Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.

The first subparagraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.

7Orange Roughy

1.

The Orange Roughy Protection Areas are defined as the following sea areas:

(a)

that sea area enclosed by rhumb lines sequentially joining the following positions:

  • 57° 00′ N, 11° 00′ W

  • 57° 00′ N, 8° 30′ W

  • 56° 23′ N, 8° 30′ W

  • 55° 00′ N, 9° 38′ W

  • 55° 00′ N, 11° 00′ W

  • 57° 00′ N, 11° 00′ W;

(b)

that sea area enclosed by rhumb lines sequentially joining the following positions:

  • 55° 30′ N, 15° 49′ W

  • 53° 30′ N, 14° 11′ W

  • 50° 30′ N, 14° 11′ W

  • 50° 30′ N, 15° 49′ W;

(c)

that sea area enclosed by rhumb lines sequentially joining the following positions:

  • 55° 00′ N, 13° 51′ W

  • 55° 00′ N, 10° 37′ W

  • 54° 15′ N, 10° 37′ W

  • 53° 30′ N, 11° 50′ W

  • 53° 30′ N, 13° 51′ W.

Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.

2.

Member States shall ensure that vessels holding a deep-sea fishing permit shall be properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.

3.

Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:

(a)

all gears carried on board are lashed and stowed during the transit in accordance with the conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93;

(b)

the average speed during transit is not less than 8 knots.

8Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply as from 1 January 2007.

Signature

This Regulation shall be binding in its entirety and directly applicable in all Member States.

1Definition of Species and Species Groups

Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep sea sharks are placed at the beginning of that list. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

Common nameScientific name
Black scabbardfish Aphanopus carbo
Alfonsinos Beryx spp.
Tusk Brosme brosme
Roundnose grenadier Coryphaenoides rupestris
Orange roughy Hoplostethus atlanticus
Blue ling Molva dypterigia
Forkbeards Phycis blennoides
Red seabream Pagellus bogaraveo

Where reference is made to ‘deep sea sharks’, this shall refer to sharks in the following list of species: Portuguese dogfish (Centroscymnus coelolepis), Leafscale gulper shark (Centrophorus squamosus), Birdbeak dogfish (Deania calceus), Kitefin shark (Dalatias licha), Greater lanternshark (Etmopterus princeps), Velvet belly (Etmopterus spinax), Black dogfish (Centroscyllium fabricii), Gulper shark (Centrophorus granulosus), Blackmouth dogfish (Galeus melastomus), Mouse catshark (Galeus murinus), Iceland catshark (Apristuris spp.).

2Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)

All references are to ICES sub-areas unless otherwise stated.

By-catches only. No directed fisheries for deep sea sharks are permitted.
SpeciesDeep Sea SharksZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX
Year2007f1 2008
Germany59 F140
Spain280 210
Estonia42
France1 014 807
Ireland F2209 110
Lithuania42
Poland42
Portugal381 232
United Kingdom562 422
EC 2 517 1 827
SpeciesDeep Sea SharksZoneX (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year20072008
Portugal20 22
EC20 22
SpeciesDeep Sea Sharks and Deania histricosa and Deania profondorum ZoneXII (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year20072008
Spain69 41
France2211
Ireland 5 3
United Kingdom42
EC 100 57
SpeciesBlack scabbardfishAphanopus carbo ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV
Year20072008
Germany5 6
France5 6
United Kingdom5 6
EC15 18

Exclusively for by-catches. No directed fisheries are permitted under this quota.
SpeciesBlack scabbardfishAphanopus carbo ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII
Year20072008
Germany35 37
Spain173173
Estonia1717
France2 433 2 695
Ireland 96 88
Latvia113113
Lithuania11
Poland11
United Kingdom173 182
Othersf2 99
EC 3 051 3 316
SpeciesBlack scabbardfishAphanopus carbo ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X
Year20072008
Spain13 14
France31 42
Portugal3 956 4 344
EC4 000 4 400
SpeciesBlack scabbardfishAphanopus carbo ZoneCECAF 34.1.2. (Community waters and waters not under the sovereignty or jurisdiction of third countries.)
Year20072008
Portugal4 285 4 714
EC4 285 4 714
F3Species Alfonsinos Beryx spp. Zone Community waters and waters not under the sovereignty or jurisdiction of third countries of III, IV, V, VI, VII, VIII, IX, X, XII and XIV
Year 2007 2008
Spain 74 74
France 20 23
Ireland 10 10
Portugal 214 204
United Kingdom 10 11
EC 328 322
SpeciesRoundnose grenadierCoryphaenoides rupestris ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, IV and Va
Year20072008
Denmark22
Germany22
France14 15
United Kingdom22
EC20 21

F4Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.

Species Roundnose grenadier Coryphaenoides rupestris Zone IIIa and Community waters of IIIbcd
Year 2007 2008
Denmark 1 002 946
Germany 6 6 f3
Sweden 52 54
EC 1 060 1 006

Exclusively for by-catches. No directed fisheries are permitted under this quota.
SpeciesRoundnose grenadierCoryphaenoides rupestris ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI and VII
Year20072008
Germany9 10
Estonia6767
Spain7474
France3 789 4 173
Ireland 323 331
Lithuania8787
Poland4444
United Kingdom222 239
Othersf4 99
EC 4 624 5 034
Species Roundnose grenadier Coryphaenoides rupestris Zone Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV
Year 2007 2008
Germany 40 51
Spain 4 391 4 403
France 202 222
Ireland 9 10
United Kingdom 18 20
Latvia 71 71
Lithuania 9 9
Poland 1 374 1 374
EC 6 114 6 160
Species Orange roughy Hoplostethus atlanticus Zone VI (Community waters)
Year 2007 2008
Spain 6 5
France 33 25
Ireland 6 5
United Kingdom 6 5
EC 51 40

Exclusively for by-catches. No directed fisheries are permitted under this quota.

Species Orange roughy Hoplostethus atlanticus Zone VII (Community waters)
Year 2007 2008
Spain 1 1
France 147 108
Ireland 43 – 103
United Kingdom 1 1
Others f5 1 1
EC 193 8
F5Species Orange roughy Hoplostethus atlanticus Zone EC waters and waters not under the sovereignty or jurisdiction of third countries I, II, III, IV, V, VIII, IX, X, XII and XIV
Year 2007 2008
Spain 4 3
France 23 15
Ireland 6 4
Portugal 7 5
United Kingdom 4 3
EC 44 30

Exclusively for by-catches. No directed fisheries are permitted under this quota.
SpeciesBlue lingMolva dypterygia ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V
Year20072008
Denmark 8 7
Germany7 7
France42 40
Ireland76
United Kingdom25 22
Othersf6 76
EC 96 88
SpeciesBlue lingMolva dypterygia ZoneIII (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year20072008
Denmark 9 7
Germany43
Sweden8 7
EC 21 17

Exclusively for by-catches. No directed fisheries are permitted under this quota.

Member States shall ensure that the fishery for blue ling is scientifically monitored, in particular the activities of those fishing vessels that landed more than 30 tonnes of blue ling in 2005. All vessels shall give prior notification of landing of more than 5 tonnes of blue ling and shall not land more than 25 tonnes of blue ling at the end of any fishing trip.

Species Blue ling Molva dypterygia Zone Community waters and waters not under the sovereignty or jurisdiction of third countries of VI and VII f7
Year 2007 2008
Germany 26 21
Estonia 4 3
Spain 83 – 72
France 1 898 1 698
Ireland 7 6
Lithuania 2 1
Poland 1 1
United Kingdom 482 408
Others f8 7 6
EC 2 510 2 072

Exclusively for by-catches. No directed fisheries are permitted under this quota.
SpeciesRed seabreamPagellus bogaraveo ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII
Year20072008
Spain238 222
France12 17
Ireland 10 9
United Kingdom3030
Othersf9 99
EC 299 287
SpeciesRed seabreamPagellus bogaraveo ZoneIX (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year20072008
Spain850 935
Portugal230 253
EC1 080 1 188

Up to 10 % of the 2008 quotas may be taken in December 2007.

Species Red seabream Pagellus bogaraveo Zone X (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year 2007 2008
Spain f10 10 11
Portugal 1 116 1 116
United Kingdom 10 11
EC 1 136 1 138
SpeciesForkbeardsPhycis blennoides ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV
Year20072008
Germany10 11
France10 11
United Kingdom16 18
EC36 40
SpeciesForkbeardsPhycis blennoides ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII
Year20072008
Germany10 11
Spain588588
France356 424
Ireland 276 260
United Kingdom814 885
EC 2 044 2 168
SpeciesForkbeardsPhycis blennoides ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX
Year20072008
Spain242 247
France 11 18
Portugal1010
EC 263 275
Species18Phycis blennoides ZoneCommunity waters and waters not under the sovereignty or jurisdiction of third countries of X and XII
Year20072008
France10 11
Portugal43 47
United Kingdom10 11
EC63 69