COUNCIL REGULATION (EEC) No 4047/89 of 19 December 1989 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1990 and certain conditions under which they may be fished
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources(1), as amended by the Act of Accession of Spain and Portugal, and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to the terms of Article 2 of Regulation (EEC) No 170/83, it is incumbent upon the Council to formulate, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific and Technical Committee on Fisheries, the conservation measures necessary to achieve the aims set out in Article 1 of the abovementioned Regulation;
Whereas, pursuant to the terms of Article 3 of Regulation (EEC) No 170/83, it is incumbent on the Council to establish the total allowable catches (TAC) by stock or group of stocks, the share available for the Community and also the specific conditions under which the catches must be made; whereas, in order to ensure effective management, the share available for the Community in 1990 should be allocated among the Member States in accordance with Article 4 of the abovementioned Regulation;
Whereas, in order to ensure the protection of fishing grounds and fish stocks and the balanced exploitation of the resources of the sea, in the interests of both fishermen and consumers, there should be fixed, each year for the
different species of which the catches must be restricted, a TAC per stock or group of stocks and the share of these catches available to the Community taking into account its commitments to third countries;
Whereas Article 161 of the Act of Accession fixes the share of the TACs to be allocated to Spain for certain stocks in certain zones;
Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community and the Kingdom of Norway(2), Article 2 of the Agreement on fisheries between European Economic Community and the Government of Sweden(3), and Article 2 of the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands of the other part(4), the parties have consulted on their reciprocal fishing rights for 1990;
Whereas these bilateral consultations have been successfully concluded and whereas, as a result, it is possible to fix the TACs, the Community shares and the quotas for certain joint and autonomous stocks, of which part is allocated to Norway, Sweden and the Faroe Islands;
Whereas trilateral consultations with Norway and Sweden concerning reciprocal fishing rights in the Skagerrak and the Kattegat have taken place; whereas an agreement has not yet been reached and it is therefore necessary to establish Community shares for the stocks in these areas in order to allow fishing activities to continue;
Whereas the Community has signed the United Nations Convention on the Law of the Sea, which contains principles and rules relating to the conservation and management of the living resources of the sea;
Whereas, in the framework of its wider international obligations, the Community participates in efforts to conserve fish stocks arising in international waters; whereas the extent to which such stocks are fished by vessels of the Community should be viewed in the light of overall fishing activity and the contribution made hitherto by the Community towards their conservation should be taken into account;
Whereas the International Baltic Sea Fishery Commission has recommended TACs for the stocks of cod, herring and sprat occurring in the waters of the Baltic Sea and the shares thereof for each contracting party;
Whereas, in order to ensure effective management, the TACs available for the Community in 1990 should be distributed among the Member States in a manner which assures relative stability of fishing activities;
Whereas, in the case of certain stocks fished mainly for reduction to meal and oil, it does not appear necessary to make quota allocations;
Whereas, pursuant to Article 161 of the Act of Accession, flat-rate amounts of horse-mackerel and blue whiting are allocated to Spain;
Whereas those flat-rate amounts of horse-mackerel and blue whiting must be distributed among ICES sub-areas and divisions Vb (EC zone), VI, VII and VIIIa, b and d;
Whereas, pursuant to Article 158 of the Act of Accession, a distinction must be made between fishing for demersal species and fishing for species other than demersal and whereas the group to which blue whiting and horse-mackerel belong must therefore be defined;
Whereas, in order to ensure effective management of these TACs, the specific conditions under which fishing operations occur should be established;
Whereas, taking account of the latest scientific advice, it is necessary to establish seasonal limitations on certain fishing activities in the North Sea and to increase the minimum mesh size in order to limit catches of juvenile cod;
Whereas, it is necessary to prohibit the use of nets with a mesh size of less than 32 millimetres for sprat fishing in the Skagerrak and Kattegat in order to limit fishing of juvenile herring;
Whereas, in order to ensure a better exploitation of the quotas of herring, hake and mackerel, transfers of quotas from the zones IV c and VII d to ICES division IV b should be allowed for herring, transfers from the zones V b (EC zone), VI, VII, and XIV and from zones VIII a, b and d to zone II a (EC zone) and IV (EC zone) should be permitted for hake, and transfers from zones II a (EC zone) and IV and zones II (except EC zone), V b (EC zone), VI, VII, VIII a, b, d and e, XII, XIV to zone IV a (EC zone) should be permitted for mackerel;
Whereas, in order to ensure a better exploitation of the haddock stocks in zones V b (EC zone), VI, XII and XIV, catches in zone VI a should be limited;
Whereas, in the light of the most recent scientific advice, the definition of sole fishing should be amended for large vessels,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation fixes for 1990, for certain fish stocks and groups of fish stocks, TACs per stock or group of stocks, the share of these catches available to the Community, the allocation of that share among Member States and the specific conditions under which these stocks may be fished(5).
For the purposes of this Regulation, the Skagerrak is 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.
For the purposes of this Regulation, the Kattegat is 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 Hasenoere to Gniben Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen.
For the purposes of this Regulation, the North Sea shall comprise ICES sub-area IV and that part of ICES division IIIa which is not covered by the definition of the Skagerrak given in this Article.
Article 2
TACs for stocks or groups of stocks to which Community rules apply and the share of these catches available to the Community are hereby fixed for 1990 as set out in the Annex.
Article 3
The allocation among the Member States of the share available to the Community of the TACs mentioned in Article 2 is fixed in the Annex.
This allocation shall be without prejudice to exchanges made pursuant to Article 5 (1) of Regulation (EEC) No 170/83 and re-allocations made pursuant to Article 11 (4) of Council Regulation (EEC) No 2241/87(6).
Article 4
As regards the herring stock of the North Sea and of the eastern English Channel, transfers to up to 50 % of the quotas may be effected from ICES divisions IV c and VII d to ICES division IV b.
As regards the hake stock in zones II a (EC zone), IV (EC zone), Member States having a quota in this zone, may on exhaustion of this quota, make transfers from the zones V b (EC zone), VI, VII, XII and XIV and from the zones VII a, b and d to the zone II a (EC zone), IV (EC zone).
However, the transfers referred to in this Article must be notified in advance to the Commission.
Article 5
1. It shall be prohibited to retain on board or to land catches from stocks for which TACs or quotas are fixed unless:
ii(i)the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or
i(ii)the share of the TAC available to the Community (Community share) has not been allocated by quota among Member States and the Community share has not been exhausted; or
(iii)for all species other than herring and mackerel, they are mixed with other species and have been taken with nets whose mesh size is 32 millimetres or less in regions 1 and 2 or 40 millimetres or less in region 3 in accordance with Article 2 (1) of Regulation (EEC)
No 3094/86(7), as last amended by Regulation (EEC)
No 2220/89(8), and are not sorted either on board
or on landing; or
i(iv)for herring, they are within the limits of paragraph 2; or
ii(v)for mackerel, they are mixed with horse-mackerel or pilchard and the mackerel does not exceed 10 % of the total weight of mackerel, horse-mackerel and pilchard on board and the catches are not sorted; or
i(vi)they are caught during the course of scientific investigations carried out under Regulation (EEC)
No 3094/86.
All landings shall count against the quota, or, if the Community share has not been allocated between Member States by quotas, against the Community share, except for catches made under the provisions of (iii), (iv), (v) and (vi).
2. When fishing with nets whose mesh size is less than 32 millimetres in regions 1 and 2 other than the Skagerrak and the Kattegat and with nets whose mesh size is less than 40 millimetres in region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with sprat only, does not exceed 10 % by weight of the total weight of herring and sprat combined.
When fishing with nets whose mesh size is less than 32 millimetres in regions 1 and 2 and with nets whose mesh size is less than 40 millimetres in region 3, it shall be prohibited to retain on board catches of herring mixed with other species unless such catches are not sorted and unless the herring, if mixed with other species whether or not including sprat, does not exceed 5 % by weight of the total weight of the herring and other species combined.
3. The determination of the percentage of by-catches and their disposal shall be made in accordance with Article 2 of Regulation (EEC) No 3094/86.
Article 6
1. Fishing for herring shall be prohibited from 1 July to 31 October 1990 within the area bounded by the following coordinates:
-the west coast of Denmark 55°30mN,
-latitude 55°30mN longitude 07°00mE,
-latitude 57°00mN longitude 07°00mE,
-the west coast of Denmark at 57°00mN.
2. Fishing for herring shall be prohibited in the zone extending from six to 12 miles off the east coast of the United Kingdom as measured from the baselines between latitudes 54°10mN and 54°45mN for the period 15 August to 30 September 1990 and between latitudes 55°30mN and paste 55°45mN for the period 15 August to 15 September 1990.
3. Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES division VIIa) in the maritime area between the west coasts of Scotland, England and Wales and a line drawn 12 miles from the baselines of these coasts bounded to the south by latitude 53°20mN and to the north-west by a line drawn between the Mull of Galloway (Scotland) and the Point of Ayre (Isle of Man).
4. Fishing for herring shall be prohibited from 21 September to 31 December 1990 in the parts of the Irish Sea (ICES division VIIa) bounded by the following coordinates:
(a)-the east coast of the Isle of Man at latitude 54°20mN,
-latitude 54°20mN, longitude 3°40mW,
-latitude 53°50mN, longitude 3°50mW,
-latitude 53°50mN, longitude 4°50mW,
-the south-west coast of the Isle of Man at longitude 4°50mW;
(b)-the east coast of Northern Ireland at latitude 54°15mN,
-latitude 54°15mN, longitude 5°15mW,
-latitude 53°50mN, longitude 5°50mW,
-the east coast of Ireland at latitude 53° 50mN.
Fishing for herring shall be prohibited throughout 1990 in Logan Bay, defined as being the waters east of a line drawn from the Mull of Logan situated at latitude 54°44mN and longitude 4°59mW, to Laggantalluch Head, situated at latitude 54°41mN and longitude 4°58mW.
5. Notwithstanding paragraph 4, vessels with a length not exceeding 12,2 metres based in ports situated on the east coast of Ireland and Northern Ireland between latitudes 53°00mN and 55°00mN may fish for herring in the prohibited area described in paragraph 4 (b). The only method of fishing authorized shall be drift netting with nets of a minimum mesh size of 54 millimetres.
6. Fishing for herring shall be prohibited in the maritime area situated to the north-east of a line drawn between Mull of Kintyre and Corsewall Point from 1 January to 15 April 1990.
7. The areas and periods described in this Article may be altered in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 170/83.
Article 7
1. Fishing for sprat with trawls with a mesh size of less than 32 millimetres shall be prohibited throughout the year in the Skagerrak and Kattegat.
2. Fishing for sprat shall be prohibited:
(a)from 1 July to 31 October 1990 within the area bounded by the following coordinates:
-the west coast of Denmark at 55°30mN,
-latitude 55°30mN longitude 07°00mE,
-latitude 57°00mN longitude 07°00mE,
-the west coast of Denmark at 57°00mN;
(b)in ICES statistical rectangle 39 E8 from 1 January to 31 March 1990 and from 1 October to 31 December 1990. For the purposes of this Regulation this ICES rectangle is bounded by a line running due east from the east coast of England along latitude 55°00mN to longitude 1°00mW, due north to latitude 55°30mN and due west to the English coast;
(c)in the inner waters of the Moray Firth west of longitude 3°30mW and in the inner waters of the Firth of Forth west of longitude 3°00mW from 1 January to 31 March 1990 and from 1 October to 31 December 1990.
3. The areas and periods described in this Article may be altered in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 170/83.
Article 8
Trawling and purse seining for mackerel, sprat and herring shall be prohibited in the Skagerrak from Saturday midnight to Sunday midnight and in the Kattegat from Friday midnight to Sunday midnight.
Article 9
1. It shall be prohibited to use any trawl, Danish seine or similar towed net from 1 January to 31 March 1990 and from 1 October to 31 December 1990 in the geographical areas bounded by a line joining the following coordinates:
-a point on the west coast of Denmark at latitude 55°00mN,
-latitude 55°00mN, longitude 7°00mE,
-latitude 54°30mN, longitude 7°00mE,
-latitude 54°30mN, longitude 6°00mE,
-latitude 53°30mN, longitude 6°00mE,
-latitude 53°30mN, longitude 4°00mE,
-a point on the coast of the Netherlands at longitude 4°00mE.
2. Notwithstanding paragraph 1 it shall be permitted to use any trawl, Danish seine or similar towed net in the areas described in paragraph 1 provided that the mesh size is equal to or greater than 100 millimetres.
3. Notwithstanding paragraph 1 it shall be permitted to fish for shrimps (Crangon crangon) in the areas described in paragraph 1 provided a separator trawl is used so that the by-catch of fish is not retained in the trawl.
4. Notwithstanding paragraph 1 it shall be permitted to fish for adult eel (Anguilla anguilla) in the zones indicated in that paragraph.
Article 10
Blue whiting and horse-mackerel shall be considered to be species other than demersal.
Article 11
Notwithstanding Article 2 of Regulation (EEC) No 3094/86 and Annex I thereto, fishing in the North Sea between 1 April and 31 December 1990 by vessels of
221 kW or more using beam trawls with a mesh size of 80 millimetres and above but less than 90 millimetres shall be confined to the area south of latitude 55°N. For the fishery in question:
-the minimum percentage of 15 % for sole as the target species shall not apply,
-the maximum percentage of cod, haddock, whiting and saithe shall be 15 %.
It shall be prohibited for the abovementioned vessels fishing in the abovementioned zone to have on board any trawl or piece of netting with a mesh size smaller than the net which is being used for fishing.
Article 12
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1990.
This regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 1989.