COUNCIL REGULATION (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
(1) Whereas Council Regulation (EEC) No 1866/86 of 12 June 1986 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (3) has been frequently and substantially amended; whereas for reasons of clarity and rationality the said Regulation should be consolidated;
(2) Whereas, pursuant to Articles 2 and 4 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (4), the Council is responsible for adopting, in the light of the available scientific advice, the conservation measures necessary to ensure the rational and responsible exploitation of living marine aquatic resources on a sustainable basis; whereas, to that end, the Council may lay down technical measures concerning fishing gear and the ways in which it is used;
(3) Whereas it is necessary to establish the principles and certain procedures for laying down the said technical measures at Community level so that each Member State can manage the fishing activities carried on in the maritime waters within its jurisdiction or under its sovereignty;
(4) Whereas the accession of the Community to the Convention on Fishing and Conservation of the Living Resources in the Baltic Sea and the Belts, as amended by the Protocol to the Conference of the representatives of the States Parties to the Convention and hereinafter referred to as 'the Gdansk Convention`, was approved by Council Decision 83/414/EEC (5);
(5) Whereas the Gdansk Convention entered into force in respect of the Community on 18 March 1984 and the Community accepted all the rights and obligations of Denmark and the Federal Republic of Germany as laid down by the Gdansk Convention;
(6) Whereas the International Baltic Sea Fishery Commission, set up by the Gdansk Convention, has adopted, since it was established, a body of measures for the conservation and management of fishery resources in the Baltic Sea and has, by its letters of 20 September 1985, 8 December 1986, 21 December 1987, 29 October 1988, 20 September 1993, 20 September 1994 and 11 September 1995, notified the Contracting Parties of certain recommendations to modify those technical measures;
(7) Whereas the Gdansk Convention provides that the Community must give effect to the said recommendations in the waters of the Baltic Sea, the Belts and the Sound, subject to the objection procedure laid down in Article XI of the Convention;
(8) Whereas the most effective means of minimising catches of small fish is to prohibit fishing in those areas where they are heavily concentrated,
HAS ADOPTED THIS REGULATION:
Article 1
Definition of the geographical area
1. This Regulation concerns the taking and landing of fishery resources occurring in the waters of the Baltic Sea, the Belts and the Sound bounded to the west by a line drawn from Hasenøre Head to Gniben Point, from Korshage to Spodsbjerg and from Gilbjerg Head to the Kullen. It does not apply to waters within the baselines.
2. It applies to:
- Community fishermen in the geographical area described in paragraph 1,
- all fishermen in the waters of this area which lie under the sovereignty or jurisdiction of the Member States.
3. The geographical area is divided into 11 subdivisions numbered 22 to 32 which are described in Annex I.
Article 2
Ban on fishing for certain species in certain geographical areas during certain periods
1. It shall be prohibited to retain on board the following species of fish which have been taken in the waters and during the periods listed below:
>TABLE>
2. By way of derogation from the provisions of paragraph 1, by-catches of flounder and plaice in fishing for cod, taken during the periods of prohibition referred to in that paragraph, may be retained on board within a limit of 10 % by weight of the total catch of cod on board the vessel.
Article 3
Minimum fish sizes
1. A fish shall be regarded as undersized if it is smaller than the minimum size specified in Annex III for the species and waters in question.
2. The size of a fish shall be measured from the tip of the snout, with mouth closed, to the extreme end of the tail fin.
3. Fish smaller than the minimum size, even where such fish are part of a by-catch, shall not be retained on board or be transhipped, landed, transported, processed, preserved, sold or stored, displayed or offered for sale. They must be returned to the sea, if at all possible while still alive, immediately after being taken.
4. By way of derogation from paragraph 3, undersized cod may be kept on board within a limit of 5 % by weight of the cod catch on board.
5. The by-cach of cod taken when fishing for herring and sprat shall not exceed 10 % of the total weight of the catch. Of this by-catch of cod, no more than 5 % of undersized cod shall be kept on board.
Article 4
Determination of by-catch percentage
1. The percentage of the by-catches referred to in Article 2(2) shall be measured as a proportion by weight of the total quantity of cod on board after sorting, or of all cod in the hold or on landing.
2. The percentage of the by-catches referred to in Article 3(4) shall be measured as a proportion by weight of the total quantity of fish on board after sorting, or of all fish in the hold or on landing.
3. Detailed rules for the determination of percentage by-catches may be adopted in accordance with the procedure referred to in Article 13.
Article 5
Minimum mesh size
1. It shall be prohibited to use or to tow any trawl, Danish seine or similar net having meshes of a smaller size than those laid down in Annex IV for the waters, species or group of species of fish concerned.
2. It shall be prohibited to use anchored floating nets or drift nets having meshes of a smaller size than those laid down in Annex IV for salmon fishery.
3. It shall be prohibited to use gill nets having meshes of a smaller size than those laid down in Annex IV for the waters, species or groups of species of fish concerned.
Article 6
Measurement of mesh size
1. During the inspection of nets, meshes shall be measured using a flat gauge which is 2 mm thick and made of durable material that will retain its shape. It shall have several parallel-edge sides connected by intermediate tapering sides each with a taper of 1 cm in 8 cm or shall have tapering sides only, with the same taper as indicated above. The gauge shall be inscribed on its surface with the width in millimetres both on the parallel-sided section, where one exists, and on the tapering section. In the case of the latter, the width shall be inscribed every 1 mm interval, and the indication of the width shall appear at regular intervals.
2. To measure the size of a mesh, the gauge shall be inserted by its narrowest extremity into the mesh opening in a direction perpendicular to the plane of the net so as to measure the long axis of the mesh when stretched diagonally lengthwise. The gauge shall be inserted into the mesh opening with manual force until it is stopped at the tapering edges by the resistance of the mesh. The size of an individual mesh shall be the width of the gauge at the point where the gauge is stopped.
3. The mesh size of a net shall be the average size of at least one series of 20 consecutive meshes in the direction of the long axis of the net, chosen at random. Meshes less than 10 meshes and within 50 cm from lacings, ropes or codline shall not be measures. This distance shall be measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measurement.
4. The meshes of a net shall be measured only when the net is wet.
5. An individual mesh shall not be considered undersized if the section of the gauge corresponding to the minimum size listed in Annex IV for the species, waters and type of net concerned, easily passes through it.
Article 7
Attachments to nets
1. By way of derogation from Article 5(1) it shall be permitted to attach to the outside of the lower half of the codend of any trawl, Danish seine or similar net, any canvas, netting or other material which has the purpose of preventing or reducing wear. Such material shall be attached along the forward and lateral edges of the codend only.
2. By way of derogation from Article 5(1), it shall be permitted to attach to the outside of the codend and the lengthening piece as strengthening bag. A strengthening bag is a cylindrical piece of netting completely surrounding the codend and the lengthening piece. It may be made of either the same or heavier material as the codend or lengthening piece. The mesh size of the strengthening bag shall be at least twice as large as that of the codend except that its minimum mesh size shall not be less than 80 mm.
A strengthening bag may be attached at the following points:
(a) at its forward edge; and
(b) at its rear edge; and, either
(c) laced circumferentially to the codend and the lengthening piece around one row of meshes; or
(d) laced longitudinally along a single row of meshes.
3. By way of derogation from Article 5(1), it shall be permitted to use in trawls, Danish seines and similar nets a non-return net or flapper which has a mesh size smaller than that of the codend.
The flapper may be attached either inside the codend or in front of the codend.
The distance from the point of forward attachment of the flapper to the rear end of the codend shall be at least three times the length of the flapper.
Article 8
Use of gear
1. Gear that may not be used within a certain geographical area or during a certain period shall be stowed away on board in such a manner that it is not ready for use in the prohibited area or during the prohibited period. Reserve gear shall be stowed away separately and in such a manner that it is not ready for use.
2. Fishing gear shall be considered not ready for use if:
- in the case of trawls, Danish seines and similar nets,
(a) the trawl boards are made fast to the inner or outer side of the bulwark or the gallows, and
(b) sweep lines or warps are unschackled from the trawl boards or weights,
- in the case of salmon-fishing gear,
(a) the nets are stowed under a lashed cover,
(b) the lines and hooks are kept in closed boxes,
- in the case of purse seines, the main or bottom wire is unschackled from the seine.
3. It shall be prohibited throughout the year, to fish with any trawl, Danish seine and similar net in the geographical area bounded by a line joining the following coordinates:
>TABLE>
4. By way of derogation from paragraph 1, during fishing for cod, only gear authorised for fishing for cod or gear with a larger mesh size than the sizes laid down in Annex IV may be allowed to be kept on board. If there is gear on board that is not authorised for fishing for cod, the landing of cod shall be prohibited.
Article 9
Restrictions on fishing for salmon and sea trout
1. It shall be prohibited, in fishing for salmon (Salmo salar) or sea trout (Salmo trutta):
- to use drifting or anchored nets from 15 June to 30 September in the waters of subdivisions 22 to 28, 29 south of 59° 30' N and 32,
- to use drifting or anchored nets from 1 June to 15 September in the waters of subdivisions 29, 30 and 31 north of 59° 30' N,
- to use drifting lines and anchored lines from 1 April to 15 November in the waters of subdivisions 22 to 31,
- to use drifting lines and anchored lines from 1 July to 15 September in the waters of subdivision 32.
The area of prohibition during the closed season is beyond four nautical miles measured from the baselines, except in subdivision 32 and the area east of longitude 22° 30' E (Bengtskär lighthouse) inside the Finnish fishery zone where fishing with driftlines and anchored lines is prohibited from 1 July to 15 September.
2. It shall be prohibited, in fishing for salmon (Salmo salar) or sea trout (Salmo trutta):
- where fishing is conducted using anchored floating nets and drift nets, to use more than 600 nets at once per vessel, the length of each net not exceeding 35 metres measured in the gear's headrope. In addition to the number of nets permitted for fishing, not more than 100 reserve nets may be kept on board,
- where fishing is conducted by means of drifting lines or anchored lines, to use more than 2 000 hooks at once per vessel.
Hooks on drifting lines and anchored lines shall have a minimum distance between the point and the shaft of at least 19 mm.
In addition to the number of hooks permitted in fishing, a maximum of 200 reserve hooks may be kept on board.
General provisions
Article 10
1. It shall be prohibited to fish directly for cod and flatfish (Pleuronectidae) with the intention of landing them for purposes other than human consumption.
2. Explosives, poisonous or stupefying substances may not be used for the purpose of catching fish.
3. It shall be prohibited to use anchored or drifting gear without marking it with buoys or other identification marks.
4. It shall be prohibited to release exotic species into the Baltic Sea, the Belts and the Sound or to fish for exotic species and sturgeon, unless authorised by the rules adopted in accordance with the procedure referred to in Article 13 and with the obligations arising from the Gdansk Convention. Exotic species are defined as those which do not occur naturally in the Baltic Sea, the Belts and the Sound.
Article 11
This Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member State or Member States concerned and of which the Commission and the Member State or Member States in whose waters the research is carried out have been informed in advance.
Fish, crustaceans and molluscs caught for the purposes specified in the first paragraph may be sold, stored, displayed or offered for sale provided that:
- they meet the standards laid down in Annexes II and III and the marketing standards adopted pursuant to Article 2 of Regulation (EEC) No 3759/92 (6), or
- they are sold directly for purposes other than human consumption.
A vessel conducting any of the operations referred to in the first paragraph must carry on the board an authorisation issued by the Member State whose flag the vessel is flying.
Article 12
This Regulation shall not apply to fishing operations carried out during the course of artificial restocking or transplantation of fish, crustaceans or molluscs.
Fish, crustaceans and molluscs caught for the purposes set out in the first paragraph may not be sold for human consumption in contravention of the other provisions of this Regulation.
Article 13
1. Member States may take measures for the conservation and management of stocks where such measures concern:
(a) strictly local stocks of value only to the fishermen of the relevant Member State; or
(b) conditions or procedures designed to limit catches by technical measures:
(i) supplementing those defined in Community fisheries Regulations; or
(ii) going beyond minimum requirements set out in such Regulations,
provided that such measures are applicable solely to the fishermen of the Member State concerned, are compatible with Community law and consistent with the common fisheries policy or with obligations under the Gdansk Convention.
2. The Commission shall be informed of any draft for the introduction or amendment of national technical measures early enough to make its comments.
If within one month after such notification the Commission so requests, the Member State concerned shall suspend the entry into force of the planned measures for three months from the date of notification to enable the Commission to rule within this time limit on the compatibility of the measures with the provisions of paragraph 1.
Where the Commission finds, in a decision of which it must inform the other Member States, that a planned measure does not comply with the provisions of paragraph 1, the Member State concerned may not implement the measure without making the necessary changes.
The Member State concerned shall communicate without delay to the other Member States and the Commission the measures adopted, where appropriate after making the necessary changes.
3. The Member States shall supply to the Commission, on its request, all information needed for the assessment of whether the national technical measures comply with the provisions of paragraph 1.
4. At the initiative of the Commission or on a request from any Member State, the question of whether a national technical measure implemented by a Member State complies with the provisions of paragraph 1 may be referred to the Management Committee for examination in accordance with Article 17 of Regulation (EEC) No 3760/92, and a decision may be taken in accordance with the procedure laid down in Article 18 of that Regulation. Where such a decision is taken, the third and fourth subparagraphs of paragraph 2 shall apply mutatis mutandis.
5. Where the Commission finds that a measure notified does not comply with the provisions of paragraph 1, it shall adopt a decision, within not more than one year from the date of notification of the measure, to the effect that the Member State must terminate or amend the measure within a time limit which the Commission shall indicate. The provisions of the fourth subparagraph of paragraph 2 shall apply mutatis mutandis.
6. Measures concerning aquaculture and fishing from the shore shall be notified by the Member State to the Commission for information purposes only.
'Aquaculture` shall be taken to mean the farming of fish, crustaceans or molluscs in salt or brackish water.
Article 14
Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 18 of Regulation (EEC) No 3760/92.
Article 15
Regulation (EEC) No 1866/86 is hereby repealed.
References to the said Regulation shall be construed as references to this Regulation and should be read in accordance with the correlation table set out in Part A of Annex VI.
Article 16
This Regulation enters into force on the 20th day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 December 1997.