COUNCIL REGULATION (EU) 2015/104
of 19 January 2015
fixing for 2015 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union vessels, in certain non-Union waters, amending Regulation (EU) No 43/2014 and repealing Regulation (EU) No 779/2014
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 (1) 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 socio-economic 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. As of 1 January 2015, the landing obligation applies to small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine and sprat), to large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna and blue and white marlin), to fisheries for industrial purposes (e.g. fisheries for capelin, sandeel and Norwegian pout). 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.
(6)
For some years, certain TACs for stocks of elasmobranchs (skates, sharks, rays) have been set at 0, with a linked provision establishing an obligation to immediately release accidental catches. The reason for this specific treatment is that those stocks are in a poor conservation status and, because of their high survival rates, discards will not raise fishing mortality rates for them; discards are deemed as beneficial for the conservation of these species. As of 1 January 2015, however, catches of these species in pelagic fisheries will 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 these species in the areas concerned.
(7)
In recent years, the TAC for anchovy in the Bay of Biscay has been set in a separate fishing opportunities regulation applicable from 1 July of one year to 30 June of the following year. In 2014, STECF concluded that changing the management period to a normal calendar year (January to December) considerably reduces conservation risks for this stock. Following consultations with Spain, France and the South Western Waters Advisory Council (SWWAC), the change proposed by STECF was positively assessed. On this basis it is appropriate to repeal Council Regulation (EU) No 779/2014 (2) and to introduce a new TAC for the stock of anchovy in the Bay of Biscay for 2015 in this Regulation.
(8)
In addition, 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 Southern hake and Norway lobster, of sole in the Western Channel, of plaice and sole in the North Sea, of herring to the west of Scotland, of cod in the Kattegat, to the west of Scotland, the Irish Sea, the North Sea, Skagerrak and the Eastern Channel 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 2166/2005 (3), (EC) No 509/2007 (4), (EC) No 676/2007 (5), (EC) No 1300/2008 (6), (EC) No 1342/2008 (7) (the ‘Cod Plan’) and (EC) No 302/2009 (8).
(9)
With regard, however, to the stocks of northern hake (Council Regulation (EC) No 811/2004 (9)) and sole in the Bay of Biscay (Council Regulation (EC) No 388/2006 (10)), the minimum targets of the relevant recovery and management plans have been reached and, therefore, it is appropriate to follow scientific advice provided in order to achieve or maintain the TACs at maximum sustainable yield levels, as the case may be.
(10)
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 stock-specific factors, including, in particular, available information on stock trends and mixed fisheries considerations.
(11)
Council Regulation (EC) No 847/96 (11) introduced additional conditions for year-to-year management of TACs, including flexibility provisions under Articles 3 and 4 for precautionary and analytical stocks respectively. Under Article 2 of that Regulation, when fixing the TACs, the Council is to decide to which stocks Articles 3 and 4 do not apply, in particular on the basis of the biological status of the stocks. More recently, a flexibility mechanism was introduced for all catches covered by the landing obligation by Article 15(9) of Regulation (EU) No 1380/2013. Therefore, in order to avoid excessive flexibility, which would undermine the conservation objectives set out in the Common Fisheries Policy, and to prevent negative impacts on the biological state of the stocks, Articles 3 and 4 of Regulation (EC) No 847/96 may apply to TACs only where Member States do not use the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
(12)
In accordance with the outcome of consultations between the Union and Norway, the Union may authorise fishing of Northern prawn in area IIIa by Union vessels of up to 10 per cent beyond the quota available to the Union, provided that any quantities used beyond the quota available to the Union would be deduced from its quota for 2015. It is appropriate to enable such flexibility in the fixing of those fishing opportunities in order the ensure a level-playing field for Union vessels by allowing the Member States concerned to opt for the use of a flexibility quota. Regulation (EU) No 43/2014 should therefore be amended accordingly.
(13)
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.
(14)
It is necessary to establish the fishing effort ceilings for 2015 in accordance with Article 8 of Regulation (EC) No 2166/2005, Article 5 of Regulation (EC) No 509/2007, Article 9 of Regulation (EC) No 676/2007, Articles 11 and 12 of Regulation (EC) No 1342/2008 and Articles 5 and 9 of Regulation (EC) No 302/2009, while taking into account Council Regulation (EC) No 754/2009 (12).
(15)
In the light of the most recent scientific advice from International Council for the Exploration of the Sea (ICES) and in accordance with the international commitments in the context of the North East Atlantic Fisheries Convention (NEAFC), it is necessary to limit the fishing effort on certain deep-sea species.
(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 of Migratory Species of Wild Animals, held in Quito from 3 to 9 November 2014, a number of species was 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 vessels fishing in all waters and non-Union vessels fishing in Union waters.
(18)
The use of fishing opportunities available to Union vessels set out in this Regulation is subject to Council Regulation (EC) No 1224/2009 (13), 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)
For certain TACs Member States should be allowed to grant additional allocations for vessels participating in trials on fully documented fisheries. The aim of those trials is to test a catch-quota system in fisheries that are not yet under the landing obligation set out in Regulation (EU) No 1380/2013, i.e. a system where all catches should be landed and counted against quotas in order to avoid discards and the waste of otherwise usable fish resources they entail. Uncontrolled discards of fish are a threat to the long term sustainability of fish as a public good and thus to the Common Fisheries Policy objectives. By contrast, catch-quota systems inherently present the fishers with an incentive to optimise the catch selectivity of their operations. For the purpose of monitoring compliance with the conditions to which the fully documented fisheries trials are subject, Member States should ensure detailed and accurate documentation of all fishing trips and adequate capacity and means, such as observers, closed-circuit television (CCTV) and others. In doing so, Member States should respect the principle of efficiency and proportionality. For the use of CCTV systems, the requirements of Directive 95/46/EC of the European Parliament and of the Council (14) should be complied with.
(20)
In order to ensure that trials of fully documented fisheries can effectively evaluate the potential of catch-quota systems to control the absolute fishing mortality of the stocks concerned, it is necessary for all fish caught in those trials, including those under minimum landing size, to be counted against the total allocation assigned to the participating vessel, and for fishing operations to cease when that total allocation has been fully utilised by that vessel. It is also appropriate to allow transfers of allocations between vessels participating in the fully documented fisheries trials and non-participating vessels provided that it can be demonstrated that discards by non-participating vessels do not increase.
(21)
It is appropriate, following advice from the ICES, to maintain a specific system to manage sandeel in Union waters of ICES divisions IIa and IIIa and ICES subarea IV. Given that the ICES scientific advice is expected to become available only in February 2015, it is appropriate to set the TAC and quotas provisionally at zero until such advice is released.
(22)
In order to guarantee full use of fishing opportunities, it is appropriate to allow for the implementation of a flexible arrangement between some of the TAC areas where the same biological stock is concerned.
(23)
In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (15) and the Faroe Islands (16) 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 (17), the Joint Committee has established the level of fishing opportunities available for the Union in Greenland waters in 2015. It is therefore necessary to include these fishing opportunities in this regulation.
(24)
At its Annual Meeting in 2014, NEAFC adopted a conservation measure on the redfish stock in the Irminger Sea fixing for 2015 the TAC and quotas for the contracting parties, including the Union. Furthermore, consultations between NEAFC Coastal States will continue in 2015 on fishing opportunities for Atlanto-Scandian herring for that year. It is therefore appropriate to fix provisional catch limits for Atlanto-Scandian herring as a percentage of the Union quota in place for 2014, whilst awaiting a revision following the outcome of the NEAFC Coastal States consultations.
(25)
At its Annual Meeting in 2014, NEAFC did not adopt a conservation measure on the redfish stock in ICES international waters of I and II fixing the TAC and quotas for the Contracting Parties. Consultations will continue in 2015 on fishing opportunities for this redfish stock. As the fishery occurs in the second half of the year, catch limits for this stock will be fixed during 2015, taking account of the outcome of the NEAFC Coastal States consultations.
(26)
At its Annual Meeting in 2014, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted an increase of the TACs and quotas for bluefin tuna over a period of three years, and confirmed TACs and quotas for North-Atlantic swordfish, Southern-Atlantic swordfish, Southern-Atlantic Albacore and North-Atlantic Albacore at the current level for the 2015-2016 period. Furthermore, as it is already the case for the stock of bluefin tuna, it is appropriate that catches in recreational and sport fisheries performed on all other ICCAT stocks included in Annex ID should also be subject to the catch limits adopted by that organisation in order to guarantee that the Union does not exceed its quotas. All these measures should be implemented in the law of the Union.
(27)
At its Annual Meeting in 2014, the Parties to the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and by-catch species, including a by-catch quota for the years 2015 and 2016 for certain exploratory fisheries in subarea 88.2. The uptake of such quota during 2015 should be considered when setting fishing opportunities for the year 2016.
(28)
At its Annual Meeting in 2014, the Indian Ocean Tuna Commission (IOTC) did not modify the conservation and management measures in place. It is however necessary to fix the capacity limits in Annex VI to this Regulation taking into account the inclusion of Mayotte as an outermost region in Annex II of Regulation (EU) No 1380/2013 as modified by Council Regulation (EU) No 1385/2013 (18).
(29)
The third Annual Meeting of the South Pacific Regional Fisheries Management Organisation (SPRFMO) will be held in February 2015. It is appropriate that current measures in the SPRFMO Convention Area are provisionally maintained until such Annual Meeting is held. However, the stock of jack mackerel should not be targeted before a TAC is set as a result of that Annual Meeting.
(30)
At its 87th Annual Meeting in 2014, the Inter-American Tropical Tuna Commission (IATTC) maintained its conservation measures for yellowfin tuna, bigeye tuna and skipjack tuna. IATTC also maintained its resolution on the conservation of oceanic whitetip sharks. Those measures should continue to be implemented in the law of the Union.
(31)
At its Annual Meeting in 2014, the South East Atlantic Fisheries Organisation (SEAFO) adopted a recommendation for new biennial TACs for alfonsinos, orange roughy and pelagic armourhead, while the existing TACs for Patagonian toothfish and deep-sea red crab remained in force. The currently applicable measures on allocation of fishing opportunities adopted by SEAFO should be implemented in the law of the Union.
(32)
At its 9th Annual Meeting, the Western and Central Pacific Fisheries Commission (WCPFC) adopted a conservation and management measure for the protection of whale sharks from purse seine fishing operations. At its 10th Annual Meeting, WCPFC adopted catch limits for longliners fishing for bigeye tuna. The 11th Annual Meeting of the WCPFC in 2014 did not modify its measures adopted in 2013 as regards fishing opportunities. All these measures should be implemented in the law of the Union.
(33)
At its Annual Meeting in 2013, the Parties to the Convention on the Conservation and Management of Pollock resources in the central Bering Sea did not modify its measures regarding fishing opportunities. Those measures should be implemented in the law of the Union.
(34)
At its 36th Annual Meeting in 2014, the Northwest Atlantic Fisheries Organisation (NAFO) adopted a number of fishing opportunities for 2015 of certain stocks in Subareas 1-4 of the NAFO Convention Area. In that context, NAFO adopted a moratorium for the shrimp fishery in Division 3L, increased the TAC for redfish in Division 3M in order to cover certain by-catches and reopened the fishery for witch flounder in Division 3NO.
(35)
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 2014, it is appropriate that the relevant provisions of this Regulation apply from that date. Such retroactive application will be without prejudice to the principle of legitimate expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area without authorisation.
(36)
In accordance with the declaration by the Union addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (19), it is necessary to fix the fishing opportunities for snappers available to Venezuela in Union waters.
(37)
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 days system, implementing powers should be conferred on the Commission.
(38)
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. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (20).
(39)
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 2015, except for the provisions concerning fishing effort limits, which should apply from 1 February 2015, and certain provisions in particular regions, which should have a specific date of application. For reasons of urgency, this Regulation should enter into force immediately after its publication.
(40)
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 vessels, in certain non-Union 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 2015 and, where specified in this Regulation, for the year 2016;
(b)
fishing effort limits for the period from 1 February 2015 to 31 January 2016, except where other periods are established for effort limits in Articles 9, 29 and 31;
(c)
fishing opportunities for the period from 1 December 2014 to 30 November 2015 for certain stocks in the CCAMLR Convention Area;
(d)
fishing opportunities for certain stocks in the IATTC Convention Area set out in Article 32 for the periods in 2015 and 2016 specified in that provision.
Article 2
Scope
This Regulation shall apply to the following vessels:
(a)
Union vessels;
(b)
third-country vessels in Union waters.
Article 3
Definitions
For the purposes of this Regulation the following definitions shall apply:
(a)
‘Union vessel’ means a Union fishing vessel as defined in Article 4(1)(5) of Regulation (EU) No 1380/2013;
(b)
‘third-country vessel’ means a fishing vessel as defined in Article 4(1)(4) of Regulation (EU) No 1380/2013, flying the flag of, and registered in, a third country;
(c)
‘Union waters’ means the Union waters as defined in Article 4(1)(1) of Regulation (EU) No 1380/2013;
(d)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(e)
‘stock’ means the stock as defined in Article 4(1)(14) of Regulation (EU) No 1380/2013;
(f)
‘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 that can be caught from each stock each year;
(ii)
in all other fisheries, the quantity that can be landed from each stock each year;
(g)
‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;
(h)
‘analytical assessment’ means a quantitative evaluation 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;
(i)
‘precautionary approach to fisheries management’, means the precautionary approach to fisheries management as defined in Article 4(1)(8) of Regulation (EU) No 1380/2013;
(j)
‘mesh size’ means the mesh size of fishing nets as determined in accordance with Commission Regulation (EC) No 517/2008 (21);
(k)
‘Union fishing fleet register’ means the register set up by the Commission in accordance with Article 24(3) of Regulation (EU) No 1380/2013;
(l)
‘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 (22);
(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 VII’ 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 IXa’ 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 IXa’ 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 IXa east of longitude 7° 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 (23);
(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 (24);
(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 South-East Atlantic Ocean (25);
(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 (26);
(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 Regulation (EC) No 601/2004 (27);
(m)
‘IATTC (Inter-American Tropical Tuna Commission) Convention Area’ is the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (‘the Antigua Convention’) (28);
(n)
‘IOTC (Indian Ocean Tuna Commission) Convention Area’ is the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (29);
(o)
‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ is the high seas geographical area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (30), and west of the areas of fisheries jurisdictions of South American States;
(p)
‘the 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 (31);
(q)
‘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;
(r)
‘overlap area between IATTC and WCPFC’ is the geographical area defined by the following limits:
-
longitude 150° W,
-
longitude 130° W,
-
latitude 4° S,
-
latitude 50° S.
TITLE II
FISHING OPPORTUNITIES FOR UNION VESSELS
CHAPTER I
General provisions
Article 5
TACs and allocations
1. The TACs for Union vessels in Union waters or certain non-Union 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 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, Iceland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 19 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 (32) and its implementing provisions.
3. For the purposes of the special condition laid down in Annex IA for the stock of sandeel in Union waters of ICES zones IIa, IIIa and IV, the management areas defined in Annex IID shall apply.
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 2015 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 2015, 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 by-catches
1. Fish from stocks for which TACs are established that have been caught in the fisheries specified in Article 15(1)(a) of Regulation (EU) No 1380/2013 are subject to the landing obligation as established in Article 15 of that Regulation (‘the landing obligation’).
2. Fish from other stocks for which TACs are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels flying the flag of a Member State having a quota and that quota is not exhausted; or
(b)
the catches 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.
3. The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I 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 certain cod, sole, and plaice stocks in the Kattegat, the Skagerrak, that part of ICES division IIIa not covered by the Skagerrak and the Kattegat, ICES subarea IV and ICES divisions VIa, VIIa and VIId and Union waters of ICES divisions IIa and Vb;
(b)
Annex IIB for the recovery of hake and Norway lobster in ICES divisions VIIIc and IXa, with the exception of the Gulf of Cádiz;
(c)
Annex IIC for the management of the sole stock in ICES division VIIe.
Article 9
Catch and effort limits for deep-sea fisheries
1. Article 3(1) of Regulation (EC) No 2347/2002 (33) establishing the requirement of holding a deep-sea fishing permit shall apply to Greenland halibut. The catching, retaining on board, transhipping and landing of Greenland halibut shall be subject to the conditions referred to in that Article.
2. Member States shall ensure that for 2015 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits referred to in Article 3(1) of Regulation (EC) No 2347/2002, do not exceed 65 % of the average annual fishing effort deployed by the vessels of the Member State concerned in 2003 on trips when deep-sea fishing permits were held or deep-sea species, as listed in Annexes I and II to that Regulation, were caught. This paragraph shall apply only to fishing trips on which more than 100 kg of deep-sea species, other than greater silver smelt, are caught.
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 19 of this Regulation;
(h)
additional allocations pursuant to Article 14 of this Regulation.
2. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to analytical TAC. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year 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 2015: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and spurdog.
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 IIa, IIIa and ICES subarea IV from 1 January to 31 March 2015 and from 1 August to 31 December 2015.
The prohibition set out in the first subparagraph shall also apply to third-country vessels authorised to fish for sandeel in Union waters of ICES subarea IV.
Article 12
Prohibitions
1. It shall be prohibited for Union vessels to fish for, to retain on board, to tranship or to land the following species:
(a)
starry ray (Amblyraja radiata) in Union waters of ICES divisions IIa, IIIa and VIId and ICES subarea IV;
(b)
the following species of sawfish in all waters:
(i)
narrow sawfish (Anoxypristis cuspidate);
(ii)
dwarf sawfish (Pristis clavata);
(iii)
smalltooth sawfish (Pristis pectinata);
(iv)
largetooth sawfish (Pristis pristis);
(v)
green sawfish (Pristis zijsron);
(c)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all waters;
(d)
common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(e)
tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I, V, VI, VII, VIII, XII and XIV;
(f)
smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division IIa and subarea IV and in Union and international waters of ICES subareas I, V, VI, VII, VIII, XII and XIV;
(g)
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 IIa and subarea IV and in Union and international waters of ICES subareas I and XIV;
(h)
porbeagle (Lamna nasus) in all waters;
(i)
reef manta ray (Manta alfredi) in all waters;
(j)
giant manta ray (Manta birostris) in all waters;
(k)
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);
(l)
thornback ray (Raja clavata) in Union waters of ICES division IIIa;
(m)
Norwegian skate (Raja (Dipturus) nidarosiensis) in Union waters of ICES divisions VIa, VIb, VIIa, VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk;
(n)
undulate ray (Raja undulata) in Union waters of ICES subareas VI and X and white skate (Raja alba) in Union waters of ICES subareas VI, VII, VIII, IX and X;
(o)
guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(p)
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
Additional allocations for vessels participating in trials on fully documented fisheries
Article 14
Additional allocations
1. For certain stocks, a Member State may grant an additional allocation to vessels flying its flag and participating in trials on fully documented fisheries. Those stocks are identified in Annex I.
2. The additional allocation referred to in paragraph 1 shall not exceed the overall limit set out in Annex I as a percentage of the quota allocated to that Member State.
Article 15
Conditions for additional allocations
1. The additional allocation referred to in Article 14 shall comply with the following conditions:
(a)
Member States shall ensure detailed and accurate documentation of all fishing trips and adequate capacity and means, such as observers, closed-circuit television (CCTV) and others. In doing so, Member States shall respect the principle of efficiency and proportionality;
(b)
the additional allocation granted to an individual vessel that participates in trials on fully documented fisheries shall not exceed any of the following limits:
(i)
75 % of the discards of the stock, as estimated by the relevant Member State, produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs;
(ii)
30 % of the vessel's individual allocation prior to participating in the trials;
(c)
all catches by the vessel from the stock subject to the additional allocation, including fish that are under minimum landing size as defined in Annex XII of Council Regulation (EC) No 850/98 (34), shall be counted against the individual allocation of the vessel, as resulting from any additional allocation granted under Article 14 of this Regulation;
(d)
once the individual allocation for any stock subject to the additional allocation has been fully utilised by a vessel, the vessel in question must cease all fishing activity in the relevant TAC area;
(e)
in respect of the stocks for which this Article may be used, Member States may allow transfers of the individual allocation or any part thereof from vessels not participating in trials on fully documented fisheries to vessels participating in those trials provided that it can be demonstrated that discards by the non-participating vessels do not increase.
2. Notwithstanding paragraph 1(b)(i), a Member State may exceptionally grant to a vessel flying its flag an additional allocation exceeding 75 % of the estimated discards of the stock produced by the type of vessel to which the individual vessel that has been granted the additional allocation belongs, provided that:
(a)
the rate of stock discards, as estimated for the relevant type of vessel, is less than 10 %;
(b)
the inclusion of that type of vessel is important to evaluate the potential of the monitoring means used in accordance with Article 15(1)(a);
(c)
an overall limit of 75 % of the estimated stock discards produced by all vessels participating in the trials is not exceeded.
3. Prior to granting the additional allocation referred to in Article 14, a Member State shall submit the following information to the Commission:
(a)
the list of vessels flying its flag and participating in trials on fully documented fisheries;
(b)
the specifications of the remote electronic monitoring equipment installed on board those vessels;
(c)
the capacity, type and specification of gears used by those vessels;
(d)
the estimated discards for each type of vessel participating in the trials;
(e)
the amount of catches of the stock subject to the relevant TAC made in 2014 by the vessels participating in the trials.
Article 16
Processing of personal data
To the extent that the recordings obtained in accordance with Article 15(1)(a) of this Regulation involve the processing of personal data within the meaning of Directive 95/46/EC, that Directive shall apply to the processing of such data.
Article 17
Withdrawal of additional allocations
Where a Member State detects that a vessel participating in trials on fully documented fisheries fails to comply with the conditions set out in Article 15, it shall immediately withdraw the additional allocation granted to that vessel and exclude it from participation in those trials for the remainder of the year 2015.
Article 18
Scientific review of discard assessments
The Commission may request any Member State that avails itself of this Chapter to submit its assessment of the discards produced per type of vessel to a scientific advisory body for review, in order to monitor the implementation of the requirement set out in Article 15(1)(b)(i). In the absence of an assessment confirming such discards, the Member State concerned shall take any appropriate measure to ensure compliance with that requirement and shall inform the Commission thereof.
CHAPTER III
Fishing authorisations in third-country waters
Article 19
Fishing authorisations
1. The maximum number of fishing authorisations for Union 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 of 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 that Annex, shall not be exceeded.
CHAPTER IV
Fishing opportunities in waters of regional fisheries management organisations
Article 20
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 exchange, 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 then give notification of the agreed quota transfer or exchange to the secretariat of the RFMO 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.
Section 1
ICCAT Convention Area
Article 21
Fishing, farming and fattening capacity limitations for bluefin tuna
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 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.
Article 22
Recreational and sport fisheries
Where appropriate, Member States shall allocate a specific quota for recreational and sport fisheries from their quotas allocated in Annex ID.
Article 23
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 24
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 by-catch limits set out in Part B of Annex V, shall apply in the subareas set out therein.
Article 25
Exploratory fisheries
1. Only those Member States which are members of the CCAMLR Commission may participate in longline exploratory fisheries for 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 2015. If such 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 2015.
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 by-catch 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 over-concentration 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 26
Krill fishery during the 2015/2016 fishing season
1. Only those Member States which are members of the CCAMLR Commission may fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2015/2016 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the Commission, no later than 1 May 2015 and 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 2015.
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 only notify its intention to do so 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 Convention Area
Article 27
Limitation of fishing capacity of vessels fishing in the IOTC Convention Area
1. The maximum number of Union vessels fishing for tropical tunas in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.
2. The maximum number of Union vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Convention Area and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.
3. Member States may re-allocate 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 (IUU vessels) of any RFMO may be transferred.
5. In order to take into account the implementation of the development plans submitted to the IOTC, Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in those plans.
Article 28
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 paragraph 1 and 2 shall not be harmed. Specimens shall be promptly released.
Section 4
SPRFMO Convention Area
Article 29
Pelagic fisheries - capacity limitation
Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2015 to the total Union level of 78 600 gross tonnage in that area.
Article 30
Pelagic fisheries - TACs
1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009, as specified in Article 29, may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.
2. The fishing opportunities set out in Annex IJ may only be fished under the condition that Member States send the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifth day of the following month to the Commission, in order to communicate them to the SPRFMO Secretariat.
Article 31
Bottom fisheries
Member States with 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 limit their bottom fishing catch or effort in 2015 in the Convention Area to those parts of the Convention Area where bottom fishing has occurred in that period and to a level that does not exceed the annual average levels of catches or effort parameters over the period from 1 January 2002 to 31 December 2006.
Section 5
IATTC Convention Area
Article 32
Purse-seine fisheries
1. The fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:
(a)
from 29 July to 28 September 2015 or from 18 November 2015 to 18 January 2016 in the area defined by the following limits:
-
the Pacific coastlines of the Americas,
-
longitude 150° W,
-
latitude 40° N,
-
latitude 40° S;
(b)
from 29 September to 29 October 2015 in the area defined by the following limits:
-
longitude 96° W,
-
longitude 110° W,
-
latitude 4° N,
-
latitude 3° S.
2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1 before 1 April 2015. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.
3. Purse-seine 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 33
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 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, who shall also:
(a)
record the number of releases with indication of status (dead or alive);
(b)
report the information specified in paragraph (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 2015.
Section 6
SEAFO Convention Area
Article 34
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:
-
skates (Rajidae),
-
spiny dogfish (Squalus acanthias),
-
blurred smooth lanternshark (Etmopterus bigelowi),
-
shorttail lanternshark (Etmopterus brachyurus),
-
great lanternshark (Etmopterus princeps),
-
smooth lanternshark (Etmopterus pusillus),
-
ghost catshark (Apristurus manis),
-
velvet dogfish (Scymnodon squamulosus),
-
deep-sea sharks of the Selachimorpha super-order.
Section 7
WCPFC Convention Area
Article 35
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 purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area in the high seas and located between 20° N and 20° S does not exceed 403 days. In these fisheries, it shall be prohibited to set a purse seine on a school of tuna associated with a whale shark (Rhincodon typus) if the animal is sighted prior to the commencement of the set.
2. Union 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 2015.
Article 36
Closed area for FAD fishing
1. In the part of the WCPFC Convention Area located between 20° N and 20° S, fishing activities of purse-seine vessels making use of fish aggregating devices (FADs) shall be prohibited between 00:00 hours of 1 July 2015 and 24:00 hours of 31 October 2015. During that period, a purse-seine vessel may only engage in fishing operations within that part of the WCPFC Convention Area if it carries onboard an observer to monitor that the vessel does not, at any time:
(a)
deploy or service a FAD or associated electronic device;
(b)
fish on schools in association with FADs.
2. All purse-seine 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 37
Overlap area between IATTC and WCPFC
1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in Articles 35 to 38 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(r).
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 32(1)(a) and (2) to (4) and Article 33 when fishing in the overlap area between IATTC and WCPFC as defined in Article 4(r).
Article 38
Limitations to the number of Union vessels authorised to fish swordfish
The maximum number of Union vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as indicated in Annex VII.
Article 39
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.
Section 8
Bering Sea
Article 40
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 THIRD-COUNTRY VESSELS IN UNION WATERS
Article 41
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 subject to the conditions provided for in this Regulation and Chapter III of Regulation (EC) No 1006/2008.
Article 42
Fishing authorisations
The maximum number of fishing authorisations for third-country vessels fishing in Union waters is laid down in Annex VIII.
Article 43
Conditions for landing catches and by-catches
The conditions specified in Article 7 shall apply to catches and by-catches of third-country vessels fishing under the authorisations specified in Article 42.
Article 44
Prohibitions
1. It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or to land the following species whenever they are found in Union waters:
(a)
starry ray (Amblyraja radiata) in Union waters of ICES divisions IIa, IIIa and VIId and ICES subarea IV;
(b)
the following species of sawfish in Union waters:
(i)
narrow sawfish (Anoxypristis cuspidate);
(ii)
dwarf sawfish (Pristis clavata);
(iii)
smalltooth sawfish (Pristis pectinata);
(iv)
largetooth sawfish (Pristis pristis);
(v)
green sawfish (Pristis zijsron);
(c)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in Union waters;
(d)
common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division IIa and ICES subareas III, IV, VI, VII, VIII, IX and X;
(e)
tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division IIa and ICES subareas I, IV, V, VI, VII, VIII, XII and XIV;
(f)
smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division IIa and ICES subareas I, IV, V, VI, VII, VIII, XII and XIV;
(g)
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 IIa and ICES subareas I, IV and XIV;
(h)
porbeagle (Lamna nasus) in Union waters;
(i)
reef manta ray (Manta alfredi) in Union waters;
(j)
giant manta ray (Manta birostris) in Union waters;
(k)
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);
(l)
thornback ray (Raja clavata) in Union waters of ICES division IIIa;
(m)
Norwegian skate (Raja (Dipturus) nidarosiensis) in Union waters of ICES divisions VIa, VIb, VIIa, VIIb, VIIc, VIIe, VIIf, VIIg, VIIh and VIIk;
(n)
undulate ray (Raja undulata) in Union waters of ICES subareas VI, IX and X and white skate (Raja alba) in Union waters of ICES subareas VI, VII, VIII, IX and X;
(o)
guitarfishes (Rhinobatidae) in Union waters of ICES subareas I, II, III, IV, V, VI, VII, VIII, IX, X and XII;
(p)
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 45
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 46
Amendment to Regulation (EU) No 43/2014
In paragraph 1 of Article 18a of Regulation (EU) No 43/2014 the following point is added:
‘(o)
Northern prawn in area IIIa.’
Article 47
Repeal
Council Regulation (EU) No 779/2014 is repealed with effect from 1 January 2015.
Article 48
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 2015.
However, Article 8 shall apply from 1 February 2015.
Points (b), (i) and (k) of Article 12 and points (b), (i) and (k) of Article 44 shall apply from 8 February 2015.
Article 46 shall apply from 1 January 2014.
The provisions on fishing opportunities set out in Articles 23, 24 and 25 and Annexes IE and V for the CCAMLR Convention Area shall apply from the dates specified therein.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 January 2015.