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Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

EU Regulation No 43/2009 · Adopted 16 January 2009 · 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 43/2009

of 16 January 2009

fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required

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 Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotasf2, and in particular Article 2 thereof,

Having regard to Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stockf3, and in particular Article 5 thereof,

Having regard to Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsulaf4 and in particular Articles 4 and 8 thereof,

Having regard to Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscayf5, and in particular Article 4 thereof,

Having regard to Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Western Channelf6, and in particular Articles 3 and 5 thereof,

Having regard to Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Seaf7, and in particular Articles 6 and 9 thereof,

Having regard to Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multiannual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stockf8, and in particular Article 4 thereof,

Having regard to Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocksf9, and in particular Articles 7, 8, 9 and 12 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

Article 4 of Regulation (EC) No 2371/2002 requires the Council to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking account of available scientific advice and, in particular, the report prepared by the Scientific, Technical and Economic Committee for Fisheries (STECF).

(2)

Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be allocated to Member States and third countries in accordance with the criteria laid down in Article 20 of that Regulation.

(3)

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

(4)

The principles and certain procedures for fishery management need to be laid down at Community level, so that Member States can ensure the management of the vessels flying their flag.

(5)

Article 3 of Regulation (EC) No 2371/2002 lays down definitions of relevance for the allocation of fishing opportunities.

(6)

Fishing opportunities should be used in accordance with the Community legislation on the subject, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fishf10, Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vesselsf11, Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vesselsf12, Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States in the north-east Atlanticf13, Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policyf14, Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permitsf15, 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 organismsf16, Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumptionf17, Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocksf18, Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resourcesf19, Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisionsregarding satellite-based Vessel Monitoring Systemsf20, Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resourcesf21, Regulation (EC) No 811/2004, Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisationf22, Regulation (EC) No 2166/2005, Regulation (EC) No 388/2006, Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Seaf23, Regulation (EC) No 509/2007, Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory speciesf24, Regulation (EC) No 676/2007 Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisationf25, Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community watersf26, Regulation (EC) No 1300/2008, Regulation (EC) No 1342/2008 and Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocksf27.

(7)

It should be clarified that this Regulation should apply if marine organisms caught during fishing operations conducted solely for the purpose of scientific investigations are sold, stored, displayed, or offered for sale for any purpose.

(8)

It is necessary, following the advice from the International Council for the Exploration of the Sea (ICES), to maintain the application of a system to manage the catch limits of anchovy in ICES zone VIII. The Commission should fix the catch limits for the stock of anchovy in ICES zone VIII in the light of scientific information collected during the first half of 2008 and of discussions taking place in the context of a multiannual plan for anchovy.

(9)

It is necessary, following the advice from the ICES, to maintain and revise a system to manage the fishing effort on sandeel in ICES zones IIIa and IV and EC waters of zone IIa.

(10)

This Regulation should fix and distribute a number of new fishing opportunities for skates and rays in areas VIId, IIIa, VIa-b, VIIa-c, e-k, VIII and IX. A method for allocating these new fishing opportunities, based on objective criteria should be established, whilst bearing in mind the interests of each Member State concerned. For this purpose, it seems appropriate to take into account the record of landings of each Member State concerned for this species in these areas during a recent and sufficiently representative period.

(11)

As a transitional measure in the light of the most recent scientific advice from the ICES, the fishing effort on certain deep-sea species should be further reduced.

(12)

Under Article 20 of Regulation (EC) No 2371/2002 it is incumbent upon the Council to decide on the conditions associated with the limits on catches and/or fishing effort limits. Scientific advice indicates that substantial catches in excess of agreed TACs result in the sustainability of fishing operations being prejudiced. It is therefore appropriate to introduce associated conditions that will result in improved implementation of the agreed fishing possibilities.

(13)

In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.

(14)

In accordance with the procedure provided for in the agreements or protocols on fisheries relations, the Community has held consultations on fishing rights with Norwayf28, the Faroe Islandsf29 and Greenlandf30.

(15)

The Community is a contracting party to several fisheries organisations, and participates in other organisations as a cooperating non-party. Moreover, by virtue of the Act concerning the conditions of accession of the Republic of Poland to the European Union, as from its date of accession fisheries agreements previously concluded by this country, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are managed by the Community. Those fisheries organisations have recommended the introduction for 2009 of a number of measures, including the setting of catch limitations and/or effort limitations and other associated conservation and control rules for certain species. Such recommendations should therefore be implemented by the Community. In order to effectively contribute to the conservation of fish stocks and pending the adoption of the relevant Council acts implementing these measures into Community law, it is necessary to incorporate them in this Regulation.

(16)

The Inter-American Tropical Tuna Commission (IATTC) failed to adopt catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna at its Annual Meeting in 2008, and although the Community is not a member of the IATTC, it is necessary to adopt measures to ensure sustainable management of the resource under the jurisdiction of the IATTC

(17)

At its Annual Meeting in 2008, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for two additional fish stocks and a conservation measure to protect Vulnerable Marine Ecosystem addressing UN General Assembly Resolution 61/105 on Sustainable Fisheries in the SEAFO Convention Area. These measures were agreed by the Community on the basis of a negotiating mandate from the Council and with input from the Member States and sector representatives present at the Annual Meeting. These measures are binding upon the Community from 2009. It is necessary to implement these measures into Community law.

(18)

During the Third International Meeting for the creation of a new South Pacific Regional Fisheries Management Organisation (SPFO) held in May 2007, the participants adopted interim measures in order to regulate pelagic fishing activities as well as bottom fisheries in the South Pacific. It is necessary to implement these measures into Community law.

(19)

During 2008, alternative systems for effort management based on kilowatt day ceilings were allowed under certain conditions, with a view to the successive introduction of such a system as a general rule. A general shift towards management by kilowatt day ceilings in 2009 should be made for effort limitations linked to the long-term plan for cod stocks, while in other effort regimes the current system should be maintained in 2009, including the option of introducing kilowatt day schemes at the discretion of the Member State.

(20)

Certain temporary provisions should be maintained on the use of vessel monitoring system (VMS) data in order to provide for greater efficiency and effectiveness in the monitoring, control and surveillance of effort management.

(21)

For the adjustment of fishing effort limitations on sole as laid down in Regulation (EC) No 509/2007 alternative arrangements should be established in order to manage fishing effort consistently with the TAC, as laid down in Article 5(2) of that Regulation.

(22)

For the adjustment of fishing effort limitations on plaice and sole as laid down in Regulation (EC) No 676/2007, alternative arrangements should be established in order to manage fishing effort consistently with the TAC, as laid down in Article 9(2) of that Regulation.

(23)

For the cod stocks in the North Sea, the Skagerrak and the Western channel, in the Irish Sea and in the west of Scotland, and the stocks of hake and of Norway lobster in ICES zones VIIIc and IXa, the levels of permissible effort within the management scheme need to be adapted.

(24)

In order to contribute to the conservation of fish stocks, certain supplementary measures on control and technical conditions of fishing should be implemented in 2009.

(25)

Following further scientific analysis and consultations with stakeholders in 2008, it is appropriate to take measures to protect the spawning aggregations of blue ling in addition to catch limitations in view of regulating directed fishery and by-catches in order to protect spawning aggregations of blue ling in ICES zone VIa.

(26)

Scientific investigations have demonstrated that the fishing practices when fishing with gillnets and entangling nets in ICES zones VIa, VIb, VIIb, VIIc, VIIj, VIIk, VIII, IX, X and XII constitute a serious threat to deep-sea species. However, transitional measures to allow these fisheries to take place under certain conditions should be implemented until more permanent measures are adopted.

(27)

In accordance with the Agreed Record of conclusions between the European Community and Norway of 10 December 2008, technical measures to increase selectivity of towed gears in order to reduce discards of whiting in the North Sea should continue to be tested during the first part of 2009.

(28)

In order to ensure sustainable exploitation of the hake and Norway lobster stock and to reduce discards, the use of the latest developments as regards selective gears should be permitted in ICES zones VIIIa, VIIIb and VIIId.

(29)

The use of gears that do not catch Norway lobster should be permitted in certain areas dedicated to the protection of the species, where fishing is prohibited.

(30)

In the light of advice from the Scientific, Technical and Economic Committee for Fisheries (STECF), certain herring spawning ground closures are not necessary to ensure sustainable exploitation of that species in ICES zone VIa.

(31)

In order to contribute to the conservation of octopus and in particular to protect juveniles, it is necessary to maintain, in 2009, a minimum size of octopus from the maritime waters under the sovereignty or jurisdiction of third countries and situated in the region of Fishery Committee for the Eastern Central Atlantic (CECAF) pending the adoption of a regulation amending Regulation (EC) No 850/98.

(32)

In the light of advice from STECF, fishing with beam trawl using electrical pulse current should be allowed in 2009 in ICES zones IVc and IVb south under certain conditions.

(33)

In order to ensure that catches of blue whiting by third-country vessels in Community waters are correctly accounted for, it is necessary to maintain the strengthened control provisions for such vessels.

(34)

In order to ensure the livelihood of Community fishers and in order to avoid endangering resources and any possible difficulty due to the lapsing of Council Regulation (EC) No 40/2008 of 16 January 2008 fixing for 2008 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are requiredf31, it is essential to open those fisheries on 1 January 2009 and maintain in force in January 2009 some of the rules of the said Regulation. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in Title I, Article 3 of the Protocol on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,

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 150, 30.4.2004, p. 1.

f4

OJ L 345, 28.12.2005, p. 5.

f5

OJ L 65, 7.3.2006, p. 1.

f6

OJ L 122, 11.5.2007, p. 7.

f7

OJ L 157, 19.6.2007, p. 1.

f8

OJ L 344, 20.12.2008, p. 6.

f9

OJ L 348, 24.12.2008, p. 20.

f10

OJ L 276, 10.10.1983, p. 1.

f11

OJ L 274, 25.9.1986, p. 1.

f12

OJ L 132, 21.5.1987, p. 9.

f13

OJ L 365, 31.12.1991, p. 1.

f14

OJ L 261, 20.10.1993, p. 1.

f15

OJ L 171, 6.7.1994, p. 7.

f16

OJ L 125, 27.4.1998, p. 1.

f17

OJ L 191, 7.7.1998, p. 10.

f18

OJ L 351, 28.12.2002, p. 6.

f19

OJ L 289, 7.11.2003, p. 1.

f20

OJ L 333, 20.12.2003, p. 17.

f21

OJ L 97, 1.4.2004, p. 16.

f22

OJ L 340, 23.12.2005, p. 3.

f23

OJ L 36, 8.2.2007, p. 6.

f24

OJ L 123, 12.5.2007, p. 3.

f25

OJ L 318, 5.12.2007, p. 1.

f26

OJ L 286, 29.10.2008, p. 33.

f27

OJ L 352, 31.12.2008, p. 1.

f28

OJ L 226, 29.8.1980, p. 48.

f29

OJ L 226, 29.8.1980, p. 12.

f30

OJ L 172, 30.6.2007, p. 1.

f31

OJ L 19, 23.1.2008, p. 1.

Contents

  1. Chapter I: SCOPE AND DEFINITIONS
  2. 1Subject matter
  3. 2Scope
  4. 3Definitions
  5. 4Fishing zones
  6. Chapter II: FISHING OPPORTUNITIES AND ASSOCIATED CONDITIONS FOR COMMUNITY VESSELS
  7. 5Catch limits and allocations
  8. 6Prohibited species
  9. 7Special provisions on allocations
  10. 8Fishing effort limits and associated conditions for the management of stocks
  11. 9Conditions for landing catches and by-catches
  12. 10Unsorted landings in ICES zones IIIa, IV and VIId and EC waters of ICES zone IIa
  13. 11Access limits
  14. 12Determination of mesh size and twine thickness
  15. 13Transitional technical and control measures
  16. Chapter III: CATCH LIMITS AND ASSOCIATED CONDITIONS FOR THIRD-COUNTRY FISHING VESSELS
  17. 14Authorisation
  18. Artclie 15Prohibited species
  19. 16Geographical restrictions
  20. 17Transit through Community waters
  21. 18Conditions for landing catches and by-catches
  22. 19Transitional technical and control measures
  23. Chapter IV: FISHING AUTHORISATIONS OF COMMUNITY VESSELS
  24. 20Fishing authorisations and associated conditions
  25. 21Faroe Islands
  26. Chapter V: FISHING AUTHORISATIONS OF THIRD-COUNTRY FISHING VESSELS
  27. 22Obligation to have a fishing authorisation
  28. 23Application for a fishing authorisation
  29. 24Number of fishing authorisations
  30. 25Cancellation
  31. 26Obligations of the holder of the fishing authorisation
  32. 27Specific provisions concerning the Department of French Guyana
  33. Chapter VI: SPECIAL PROVISIONS FOR FISHING IN THE GFCM AREA
  34. Conservation measures
  35. 28Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)
  36. 29Establishment of fisheries restrictive areas in order to protect the deep-sea sensitive habitats
  37. 30Minimum mesh size of trawl nets deployed in certain local and seasonal demersal trawl fisheries in the Mediterranean Sea
  38. Reporting of statistical matrixes
  39. 31Transmission of data
  40. Chapter VII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE NAFO REGULATORY AREA
  41. 32Catch reporting
  42. 33Additional control measures
  43. Chapter VIII: SPECIAL PROVISIONS FOR THE LANDING OR TRANSHIPPING OF FISH FROZEN AFTER BEING CAUGHT BY THIRD-COUNTRY FISHING VESSELS IN THE NEAFC CONVENTION AREA
  44. 34Port State control
  45. 35Designated ports
  46. 36Prior notice of entry into port
  47. 37Authorisation to land or tranship
  48. 38Inspections
  49. 39Inspection reports
  50. Chapter VIIIa: LABELLING OF FISH FROZEN AFTER BEING CAUGHT IN THE NEAFC CONVENTION AREA BY COMMUNITY VESSELS OR THIRD COUNTRY VESSELS
  51. 39aLabelling of frozen fish
  52. Chapter IX: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE CCAMLR CONVENTION AREA
  53. Restrictions and vessel information requirements
  54. 40Prohibitions and catch limitations
  55. Exploratory fisheries
  56. 41Rules of conduct for exploratory fisheries
  57. 42Participation in exploratory fisheries
  58. 43Reporting systems
  59. 44Definition of hauls
  60. 45Research plans
  61. 46Data collection plans
  62. 47Tagging programme
  63. 48Scientific observers
  64. 49Notifications of intent to participate in a krill fishery during the 2009/2010 fishing season
  65. 50Precautionary catch limitations on krill fishery for certain sub areas
  66. 51Data Reporting System for krill fisheries
  67. 52Interim prohibition of deep-sea gillnetting
  68. 53Minimisation of the incidental mortality of seabirds
  69. 54Closure of all fisheries
  70. Chapter X: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SEAFO AREA
  71. Authorisation of vessels
  72. 55Authorisation of vessels
  73. 56Obligations for authorised vessels
  74. 57Unauthorised vessels
  75. Transhipments
  76. 58Prohibition of transhipments at sea
  77. 59In-port Transhipments
  78. Conservation measures for the management of vulnerable deep-water habitats and ecosystems
  79. 60Closed areas
  80. 61Resumption of fishing in a closed area
  81. Measures on reducing incidental by-catch of seabirds
  82. 62Information on interactions with seabirds
  83. 63Mitigation measures
  84. Technical measures
  85. 64Measures for the protection of deep water sharks
  86. Control
  87. 65Special Provisions for Patagonian Toothfish (Dissostichus eleginoides)
  88. 66Special Provisions for Deep-sea Red Crab (Chaceon spp.)
  89. 67Special Provisions for Alfonsino (Beryx spp.)
  90. 68Special Provisions for Orange Roughy (Hoplostethus atlanticus)
  91. 69Communication of vessel movements and catches
  92. 70Scientific observation and collection of information to support stock assessment
  93. 71Sightings of non-Contracting Party vessels
  94. Protection of Vulnerable Marine Ecosystems
  95. 72Use of terms
  96. 73Identification of existing bottom fishing areas
  97. 74Bottom fishing activities in new bottom fishing areas
  98. 75Assessment of bottom fishing activities in new and existing areas
  99. 76Scientific Observers
  100. 77VME encounters
  101. Chapter XI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE IOTC AREA
  102. 78Reduction of sea-birds by-catch
  103. 79Limitation of fishing capacity of vessels fishing for tropical tunas
  104. 80Limitation of fishing capacity of vessels fishing for swordfish and albacore
  105. Chapter XII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE SPFO AREA
  106. 81Pelagic fisheries — Capacity limitation
  107. 82Bottom fisheries
  108. 83Data collection and sharing
  109. Chapter XIII: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE WCPFC AREA
  110. 84Fishing effort limitations
  111. 85Closed area for FAD fishing
  112. 86Management plans for the use of FADs
  113. 87Maximum number of vessels fishing for swordfish
  114. Chapter XIV: SPECIAL PROVISIONS FOR COMMUNITY VESSELS FISHING IN THE ICCAT AREA
  115. 88Reduction of sea-birds by-catch
  116. 89Establishment of a closed area/fishing season of the swordfish fisheries in Mediterranean Sea
  117. 90Minimum size for Atlantic swordfish
  118. 91Sharks
  119. 91aMaximum number of vessels fishing bluefin tuna in the Eastern Atlantic
  120. 91bCatch limits for bluefin tuna in the Eastern Atlantic
  121. 91cMaximum number of vessels fishing bluefin tuna in the Mediterranean applicable to the Community coastal artisanal fishery
  122. 91dCatch limits for bluefin tuna in the Mediterranean applicable to the Community coastal artisanal fishery
  123. 91eMaximum number of vessels fishing bluefin tuna in the Adriatic Sea for farming purposes
  124. 91fCatch limits for bluefin tuna in the Adriatic Sea for farming purposes
  125. 92Closed fishing season for bluefin tuna Repealed
  126. 93Recreational and sport fisheries for bluefin tuna Repealed
  127. Chapter XV: ILLEGAL, UNREPORTED AND UNREGULATED FISHERIES
  128. 94North Atlantic
  129. Chapter XVI: SPECIAL PROVISIONS FOR COMMUNITY VESSELS IN THE HIGH SEAS OF THE BERING SEA
  130. 95Prohibition to fish in the High Seas of the Bering Sea
  131. Chapter XVII: FINAL PROVISIONS
  132. 96Data transmission
  133. 97Entry into force
  134. Signature
  135. Annex ICATCH LIMITS APPLICABLE TO COMMUNITY VESSELS IN AREAS WHERE CATCH LIMITS EXIST AND FOR THIRD-COUNTRIES' FISHING VESSELS IN EC WATERS, BY SPECIES AND BY AREA (IN TONNES LIVE WEIGHT, EXCEPT WHERE OTHERWISE SPECIFIED)
  136. ANNEX IASKAGERRAK, KATTEGAT, ICES zones I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV, EC waters of CECAF, French Guyana waters
  137. ANNEX IBNORTH EAST ATLANTIC AND GREENLAND
  138. ANNEX ICNORTH WEST ATLANTIC
  139. ANNEX IDHIGHLY MIGRATORY FISH — All areas
  140. ANNEX IEANTARCTIC
  141. ANNEX IFSOUTH-EAST ATLANTIC OCEAN
  142. ANNEX IGSOUTHERN BLUEFIN TUNA — ALL AREAS
  143. Annex IIAnnex II
  144. ANNEX IIAFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF CERTAIN STOCKS IN ICES ZONES IIIa, IV, VIa, VIIa, VIId, AND EC WATERS OF ICES ZONES IIa AND Vb
  145. 1 to Annex IIaMaximum allowable fishing effort in kilowatt days
  146. 2 to Annex IIaAppendix 2 to Annex IIa
  147. ANNEX IIBAppendix ANNEX IIB
  148. ANNEX IICFISHING EFFORT FOR VESSELS IN THE CONTEXT OF THE RECOVERY OF WESTERN CHANNEL SOLE STOCKS ICES ZONE VIIe
  149. ANNEX IIDFISHING OPPORTUNITIES AND FISHING EFFORT FOR VESSELS FISHING FOR SANDEEL IN ICES ZONES IIIA AND IV AND IN EC WATERS OF ICES ZONE IIa
  150. Annex III: TRANSITIONAL TECHNICAL AND CONTROL MEASURES
  151. Part A: North Atlantic including the North Sea, Skagerrak and Kattegat
  152. 1Fishing for Herring in EC waters of ICES zone IIa
  153. 2Technical conservation measures in the Skagerrak and in the Kattegat
  154. Electric fishing in ices zones IVc and IVb
  155. 3.1By way of derogation from Article 31(1) of Regulation (EC) No 850/98 fishing with beam trawl using electrical pulse current shall be allowed in ICES zones IVc and IVb south of a rhumb line joined by the following points, which shall be measured according to the WGS84 coordinate system:
  156. 3.2The following measures shall apply from 1 January 2010 to 31 December 2012 :
  157. Closure of an area for sandeel fisheries in ices zone IV
  158. 4.1It shall be prohibited to land or retain on board sandeels caught within the geographical area bounded by the east coast of England and Scotland, and enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
  159. 4.2Division 4.2
  160. 5Rockall Haddock box in ices zone VI
  161. Cod selectivity in the North Sea and Skagerrak
  162. 5a.1Division 5a.1
  163. 5a.2Division 5a.2
  164. 5a.3Division 5a.3
  165. 5a.4Division 5a.4
  166. 5a.5Division 5a.5
  167. 5a.6Division 5a.6
  168. 5a.7Division 5a.7
  169. Prohibition of high grading all ICES zones
  170. 5b.1Division 5b.1
  171. 5b.2Division 5b.2
  172. Real time closures in the Eastern Channel
  173. 5c.1Division 5c.1
  174. 5c.2The measures referred to in point 5c.1:
  175. 5c.3Member States shall inform the Commission, the other Member States and the Regional Advisory Council concerned without delay of the measures adopted under point 5c.1, by sending a copy of those measures together with an explanatory memorandum.
  176. Cod selectivity in Eastern Channel
  177. 5d.1Division 5d.1
  178. 5d.2Division 5d.2
  179. 5d.3Division 5d.3
  180. 5d.4Division 5d.4
  181. Real time closures in the North Sea and Skagerrak
  182. 5e.1For the purpose of this point:
  183. 5e.2Division 5e.2
  184. 5e.3In the areas identified in accordance with point 5e.2, Member States shall carry out inspections to measure whether the percentage of juveniles exceeds the trigger level, including through Joint Deployment Plans. For this purpose, Member States shall:
  185. 5e.4Division 5e.4
  186. 5e.5When a sample referred to in point 5e.3(a) shows a percentage of juveniles that exceeds the trigger level, the Coastal Member State concerned shall prohibit fishing in that area with any fishing gear other than pelagic trawls, purse seines, driftnets and jiggers targeting herring, mackerel, horse mackerel, pots and scallop dredges and gillnets.
  187. 5e.6The prohibition referred to in point 5e.5 shall:
  188. 5e.7Division 5e.7
  189. 5e.8Division 5e.8
  190. 5e.9The Coastal Member State shall without delay:
  191. 5e.10Division 5e.10
  192. 6Restrictions on fishing for cod, haddock and whiting in ICES zones VI and restriction on fishing for cod in ICES zone VII
  193. 6.1ICES zone VIa
  194. 6.2ICES zones VII f and g
  195. 6.3By way of derogation from points 6.1 and 6.2, it shall be permitted to conduct fishing activities using inshore static nets fixed with stakes, scallop dredges, mussel dredges, handlines, mechanised jigging, draft nets and beach seines, pots and creels within the specified areas and time periods, provided that:
  196. 6.4By way of derogation from points 6.1 and 6.2, it shall be permitted to conduct fishing activities within the areas referred to in those points using nets of mesh size less than 55 mm, provided that:
  197. 6.5By way of derogation from point 6.1, it shall be permitted to fish for nephrops provided that:
  198. 6.6By way of derogation from point 6.1, it shall be permitted to fish with trawls, demersal seines or similar gears provided that:
  199. 6.7Observer coverage in ICES zone VIa
  200. 6.8Experiments to reduce catches of whitefish when fishing for nephrops
  201. 6.9Division 6.9
  202. Special rules for the protection of blue ling in Zone VIa
  203. 7.1In the period from 1 March to 31 May 2009 the special conditions as laid down in this point shall apply in the areas of Zone VIa delimited by rhumb lines sequentially joining the following coordinates:
  204. 7.2Division 7.2
  205. 7.3Division 7.3
  206. 7.4In either of the two areas set out in point 7.1 it shall be prohibited to retain on board any quantity of blue ling in excess of 6 tonnes per fishing trip. If a vessel reaches this quantity the vessel:
  207. 7.5Division 7.5
  208. 7.6During the period from 15 February to 15 April both in the year of 2010 as well as that of 2011 , it shall be prohibited to use bottom trawls, longlines and gillnets within an area enclosed by sequentially joining with rhumb lines the following coordinates:
  209. Technical conservation measures in the Irish Sea
  210. 8.1In the period from 14 February 2009 to 30 April 2009 it shall be prohibited to use any demersal trawl, seine or similar towed net, any gill net, trammel net, tangle net or similar static net or any fishing gear incorporating hooks within that part of ICES division VIIa enclosed by:
  211. 8.2By way of derogation from point 8.1, within the area and time period referred to therein:
  212. 8.3Division 8.3
  213. Use of gillnets in ICES Zones IIIa, IVa, Vb, VIa, VIb, VIIb, c, j, k, VIII, IX, X and XII
  214. 9.1Division 9.1
  215. 9.2Division 9.2
  216. 9.3Division 9.3
  217. 9.4By way of derogation from point 9.3 it shall be permitted to use the following gear:
  218. 9.5Division 9.5
  219. 9.6Division 9.6
  220. 9.7The master of a vessel with a fixed net permit referred to in point 9.6 shall record in the logbook the amount and lengths of gear carried by a vessel before it leaves port and when it returns to port, and must account for any discrepancy between the two quantities.
  221. 9.8The naval services or other competent authorities shall have the right to remove unattended gear at sea in ICES Zones IIIa, IVa, Vb, VIa, VIb, VII b, c, j, k, and XII east of 27° W, and as from 1 October 2010 in ICES Zones VIII, IX, X, in the following situations:
  222. 9.9The master of a vessel with a fixed net permit referred to in point 9.6 shall be recorded in the logbook the following information during each fishing trip:
  223. 9.10Division 9.10
  224. 9.11Division 9.11
  225. 9.12Division 9.12
  226. Special measures for the redfish fishery in the Irminger Sea and adjacent waters
  227. 9a.1The measures set out in this point 9a shall apply to the fishery for redfish ( Sebastes spp .) in international waters of ICES zone V and EC waters of ICES zones XII and XIV bounded by the following coordinates (hereinafter referred to as the ‘Redfish Conservation Area’):
  228. 9a.2Division 9a.2
  229. 9a.3Division 9a.3
  230. 9a.4Division 9a.4
  231. 9a.5Division 9a.5
  232. 9a.6Division 9a.6
  233. 9a.7Division 9a.7
  234. 9a.8Division 9a.8
  235. 9a.9Division 9a.9
  236. Reduction of whiting discards in the North Sea
  237. 10.1Division 10.1
  238. 10.2Division 10.2
  239. 10.3Division 10.3
  240. Reduction of cod discards in the North Sea
  241. 11.1Division 11.1
  242. 11.2Division 11.2
  243. Condition for fisheries with certain towed gears authorised in the Bay of Biscay.
  244. 12.1Division 12.1
  245. 12.2Division 12.2
  246. 13Restrictions on fishing for roundnose grenadier in ICES zone IIIa
  247. 14Fishing effort for deep sea species
  248. 14.1Division 14.1
  249. 14.2Division 14.2
  250. Interim measures for the protection of vulnerable deep-sea habitats
  251. 15.1It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
  252. 15.2It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the areas enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
  253. 15.3Division 15.3
  254. 15.4Division 15.4
  255. 15.5Division 15.5
  256. 15.6Division 15.6
  257. 15.7Division 15.7
  258. 15.8Division 15.8
  259. 15.9It shall be prohibited to conduct bottom trawling and fishing with static gear, including bottom set gill-nets and long-lines, within the area enclosed by sequentially joining with rhumb lines the following positions, which shall be measured according to the WGS84 coordinate system:
  260. 15.10Division 15.10
  261. 16Minimum size of Short-necked clam
  262. 17Condition for certain creel fisheries in zone IXa (West Galicia)
  263. 18Conditions for fishing for herring in zone VIa (Butt of Lewis)
  264. Part B: All EC waters
  265. 19Conditions regarding the release of common skate, undulate ray, white skate and angel shark
  266. 19aConditions for third-country vessels fishing for mackerel in EC waters
  267. Part C: Eastern Central Atlantic
  268. 20Minimum size for octopus
  269. Part D: Eastern Pacific Ocean
  270. Purse seines in the Regulatory Area of the Inter-American Tropical Tuna Commission (IATTC)
  271. 21.1The fishing by purse-seine vessels for yellowfin tuna ( Thunnus albacares ), bigeye tuna ( Thunnus obesus ) and skipjack tunas ( Katsuwonus pelamis ) shall be prohibited from either, 1 August to 28 September 2009 , or, 10 November 2009 to 8 January 2010 in the area defined by the following limits:
  272. 21.2Division 21.2
  273. 21.3Division 21.3
  274. 21.4The fishing by purse seine vessels for bigeye, skipjack and yellowfin tuna shall be prohibited from 29 September to 29 October 2009 in the area defined by the following limits:
  275. Part E: Eastern Pacific Ocean and Western and Central Pacific Ocean
  276. 22Special measures for the Eastern, Western and Central Pacific Ocean
  277. 23Specific measures applying to encircled or entangled sea turtles
  278. Part F: North East Atlantic
  279. 24Special measures for the redfish fishery in international waters of ICES zones I and II
  280. 1 to Annex IIITOWED GEARS: Skagerrak and Kattegat
  281. 2 to Annex IIISpecifications for the Sorting grid for 70 mm trawl fishery
  282. 3 to Annex IIICondition for fisheries with certain towed gears authorised in the Bay of Biscay
  283. 4 to Annex IIISpecifications of the large mesh trawl
  284. 5 to Annex IIIAppendix 5 to Annex III
  285. 6 to Annex IIISquare mesh window for vessels of less than 15 metres
  286. 7 to Annex IIIAppendix 7 to Annex III
  287. 8 to Annex IIIAppendix 8 to Annex III
  288. Annex IV
  289. IQuantitative limitations of fishing authorisations for Community vessels fishing in third-country waters
  290. IIQuantitative limitations of fishing authorisations for third-country fishing vessels in Community waters
  291. IIIDeclaration pursuant to Article 25(2)
  292. Annex V: LOGBOOK TO BE KEPT BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS
  293. IInformation to be recorded in the logbook
  294. IIPart II
  295. Annex VI: INFORMATION TO BE TRANSMITTED TO THE COMMISSION BY THIRD-COUNTRY VESSELS FISHING IN COMMUNITY WATERS
  296. The information to be transmitted to the Commission of the European Communities and the timetable for its transmission is as follows:
  297. 1.1On each occasion a vessel commences a fishing trip in Community waters it shall send a ‘catch on entry’ message specifying the following
  298. 1.2On each occasion a vessel terminates a fishing trip in Community waters it shall send a ‘catch on exit’ message specifying the following:
  299. 1.3At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel, and in weekly intervals, commencing the seventh day after the vessel first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel, a ‘catch report’ message has to be sent, specifying:
  300. 1.4Whenever a trans-shipment is planned between the ‘catch on entry’ and ‘catch on exit’ message and apart from the ‘catch report’ messages, an additional ‘trans-shipment’ message has to be sent minimum 24 hours in advance, specifying:
  301. 2Form of the communication
  302. Communication scheme
  303. 3.1Division 3.1
  304. 3.2Division 3.2
  305. 3.3In the case a Flag State has the technical capability to send all above messages and contents in the so-called NAF-format on behalf of its operating vessels, that Flag State may — after bilateral agreement between the Flag State and the Commission — transmit this information via a secured transmission protocol to the Commission of the European Communities in Brussels. In that case, some extra information will be added — as a kind of envelope — to the transmission (after the AD information)
  306. 4Name of the radio station
  307. 5Code to be used to indicate the species
  308. 6Codes to be used to indicate the relevant area.
  310. 7In addition to the provisions laid down in points 1 to 6 the following provisions shall apply to third-country vessels intending to fish for blue whiting in Community waters:
  311. Annex VIIAnnex VII
  312. ANNEX 1Appendix ANNEX 1
  313. ANNEX 2Appendix ANNEX 2
  314. ANNEX 3Geographical coordinates GFCM Geographical Sub-Areas (GSAs)
  315. Annex VIIIGFCM Task 1 — Operational Units
  316. Annex IX
  317. IPort State control forms
  318. IIPart II
  319. to Annex IXProducts and packing
  320. Annex XPROHIBITION OF DIRECTED FISHING IN CCAMLR AREA
  321. Annex XICATCH AND BY-CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN THE AREA OF CCAMLR IN 2008/09
  322. Annex XIINOTIFICATION OF INTENT TO PARTICIPATE IN A FISHERY FOR EUPHAUSIA SUPERBA
  323. Annex XIIINet configuration and use of fishing techniques
  324. Net Panel length and mesh size
  325. Provide diagram of each net configuration used
  326. Use of multiple fishing techniques: Yes No
  327. Presence of marine mammal exclusion device: Yes No
  328. Provide explanation of fishing techniques, gear configuration and characteristics and fishing patterns:
  329. Annex XIV
  330. ISEAFO transhipment declaration
  331. TRANSHIPMENT DECLARATION
  332. 1General rule
  333. 2Procedure for completion
  334. 3Responsibilities of the master in respect of the landing declaration and the transhipment declaration
  335. 4Information to be provided
  336. 5Procedure of transmission
  337. Part II: Guidelines for Design and Deployment of Tori Lines
  338. 1Division 1
  339. Tori Line Design
  340. 2.1Division 2.1
  341. 2.2Division 2.2
  342. 2.3Division 2.3
  343. 2.4Division 2.4
  344. 2.5Division 2.5
  345. 2.6Division 2.6
  346. 2.7Division 2.7
  347. Deployment of Tori Lines
  348. 3.1Division 3.1
  349. 3.2Division 3.2
  350. 3.3Division 3.3
  351. 3.4Division 3.4
  352. 3.5When fishers use a bait casting machine (BCM) they must ensure co-ordination of the tori line and machine by:
  353. 3.6Division 3.6
  354. Annex XV: Vessels engaged in illegal, unreported and unregulated fisheries in the North Atlantic
  355. 1The Commission shall without delay inform Member States of vessels flying flags of non-contracting Parties to the Convention on Future Multilateral Co-operation in North-East Atlantic Fisheries (hereinafter referred to as ‘the Convention’) that have been sighted engaging in fishing activities in the NEAFC Convention Area and placed by the North-East Atlantic Fisheries Commission (NEAFC) on a provisional list of vessels that are being presumed to be undermining the Recommendations established under the Convention. The following measures shall apply to these vessels:
  356. 2In addition to the measures referred to in point 1, the following measures shall apply to vessels that have been placed by NEAFC on the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries (IUU vessels):
  357. 3Division 3
  358. 4Division 4
  359. to AnnexAppendix to Annex