COUNCIL REGULATION (EU) No 23/2010
of 14 January 2010
fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009
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 Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks (1), and in particular Article 11 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
According to Article 43(3) of the Treaty, the Council, on a proposal from the Commission, shall adopt measures on the fixing and allocation of fishing opportunities.
(2)
Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) requires the Council to establish measures governing access to waters and resources and the sustainable pursuit of fishing activities, taking into account available scientific, technical and economic advice and in particular reports drawn up by the Scientific, Technical and Economic Committee for Fisheries (STECF).
(3)
It is incumbent upon the Council to establish the total allowable catches (TAC) by fishery or group of fisheries. Fishing opportunities should be distributed among Member States in such a way as to assure each Member State relative stability of fishing activities for each stock or fishery and having due regard to the objectives of the Common Fisheries Policy established in Regulation (EC) No 2371/2002. Moreover, in order for the fishing opportunities to be optimal and applied in an effective way, certain conditions essential to and functionally linked to them should be fixed.
(4)
The TACs should be established on the basis of the available scientific advice and by taking into account the biological and socio-economic aspects whilst ensuring fair treatment between fishing sectors. In this regard, it is necessary to take account of the opinions expressed during the consultation of stakeholders, in particular at the meeting on 23 July 2009 with the Advisory Committee for Fisheries and Aquaculture, the concerned Regional Advisory Councils and Member States and on 29 September 2009 with the Advisory Committee for Fisheries and Aquaculture and the concerned Regional Advisory Councils.
(5)
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 hake, of Norway lobster, of sole in the Bay of Biscay, the Western Channel and the North Sea, of plaice in the North Sea, of herring to the west of Scotland and of cod in the Kattegat, North Sea, Skagerrak, eastern Channel, to the west of Scotland and in the Irish Sea should be established in accordance with the rules laid down in Council Regulation (EC) No 811/2004 of 21 April 2004 establishing measures for the recovery of the Northern hake stock (3), Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian Peninsula (4),
Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (5), Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (6), Council Regulation (EC) No 676/2007 of 11 June 2007 establishing a multiannual plan for fisheries exploiting stocks of plaice and sole in the North Sea (7), Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (8), Regulation (EC) No 1342/2008 and Council Regulation (EC) No 302/2009 of 6 April 2009 concerning a multiannual recovery plan for bluefin tuna in the eastern Atlantic and Mediterranean (9) respectively.
(6)
In accordance with Article 2 of Regulation (EC) No 847/96, the stocks that are subject to the various measures referred to therein must be identified.
(7)
Fishing operations conducted solely for the purpose of scientific investigations should not be included in the scope of this Regulation, with the exception of the operations carried out by vessels participating in initiatives regarding fully documented fisheries.
(8)
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 to fish those species.
(9)
It is necessary to establish the maximum allowable effort ceilings for 2010 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 of 27 July 2009 excluding certain groups of vessels from the fishing effort regime laid down in Chapter III of Regulation (EC) No 1342/2008 (10).
(10)
It is necessary, following the advice from the ICES, to maintain and revise a system to manage the fishing effort on sandeel in EU waters of ICES zones IIa, IIIa and IV.
(11)
In the light of the most recent scientific advice from the 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.
(12)
Fishing opportunities should be used in accordance with the Union legislation on the subject, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (11), Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (12), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (13), Article 21 of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (14), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (15), Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (16),
Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (17), Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources (18), Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (19), Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (20), Council Regulation (EC) No 2115/2005 of 20 December 2005 establishing a recovery plan for Greenland halibut in the framework of the Northwest Atlantic Fisheries Organisation (21),
Regulation (EC) No 2166/2005, Regulation (EC) No 388/2006, Council Regulation (EC) No 1966/2006 of 21 December 2006 on electronic recording and reporting of fishing activities and on means of remote sensing (22), Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (23), Regulation (EC) No 509/2007, Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species (24), Regulation (EC) No 676/2007, Council Regulation (EC) No 1386/2007 of 22 October 2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (25), Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (26), Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (27),
Commission Regulation (EC) No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (28), Regulation (EC) No 1300/2008, Regulation (EC) No 1342/2008, Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast) (29), Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast) (30), Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast) (31), Regulation (EC) No 302/2009 and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (32).
(13)
In accordance with the procedure provided for in the agreements or protocols on fisheries relations with Norway (33), the Faroe Islands (34) and Greenland (35), the Union has held consultations on fishing rights with those partners. The consultations with Greenland were concluded on 25 November 2009 with the establishment of the fishing opportunities available for 2010 for EU vessels in Greenland waters. The consultations with the Faroe Islands and Norway have not been finalised and the arrangements for 2010 with those partners are expected to be concluded early 2010. In order to avoid interruption of Union fishing activities whilst allowing for the necessary flexibility for the conclusion of those arrangements early 2010, it is appropriate for the Union to establish the fishing opportunities for stocks subject to those arrangements on a provisional basis awaiting their conclusion.
(14)
The Union is a contracting party to several fisheries organisations and participates in other organisations as a cooperating non-party. Moreover, by virtue of the 2003 Act of Accession fisheries agreements previously concluded by the Republic of Poland, such as the Convention on the Conservation and Management of Pollock resources in the central Bering Sea, are as from the date of accession of Poland to the European Union managed by the Union. Those fisheries organisations have recommended the introduction for 2010 of a number of measures, including fishing opportunities for EU vessels. Those fishing opportunities should be implemented by the Union.
(15)
The Inter-American Tropical Tuna Commission (IATTC) failed to adopt catch limitations for yellowfin tuna, bigeye tuna and skipjack tuna at its Annual Meeting in 2009, and although the Union is not a member of the IATTC, it is necessary to regulate the fishing opportunities for resource under the jurisdiction of the IATTC in order to ensure its sustainable management.
(16)
At its Annual Meeting in 2009, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted tables indicating the under-utilisation and over-utilisation of the fishing possibilities of the ICCAT contracting parties. In that context, ICCAT adopted a decision observing that during the year 2008, the Union had under-exploited its quota for Northern and Southern swordfish, bigeye tuna and Northern albacore. In order to respect the adjustments to the Union quotas established by the ICCAT, it is necessary for the distribution of the fishing opportunities arising from this under-utilisation to be carried out on the basis of the respective contribution of each Member State towards the under-utilisation without modifying the distribution key established in this Regulation concerning the annual allocation of TACs. At the same meeting the recovery plan for bluefin tuna was amended. ICCAT further adopted a recommendation on the conservation of bigeye thresher sharks. In order to contribute to the conservation of fish stocks it is necessary to implement those measures.
(17)
During the Third International Meeting, held in May 2007, for the creation of a Regional Fisheries Management Organisation (SPRFMO) in the high seas of the South Pacific, the participants adopted interim measures, including fishing opportunities, in order to regulate pelagic fishing activities as well as bottom fisheries in that area until the establishment of such RFMO. Those measures were revised during the Eighth International Meeting for the creation of that SPRFMO held in November 2009. According to the agreement reached by the participants, those interim measures are voluntary and are not legally binding under international law. It is nevertheless advisable, in the light of the related provisions of the United Nations Fish Stock Agreement, to incorporate those measures into Union law.
(18)
At its Annual Meeting in 2009, the South East Atlantic Fisheries Organisation (SEAFO) adopted catch limits for two additional fish stocks in the SEAFO Convention Area. It is necessary to implement those catch limits into Union law.
(19)
For continuity reasons, certain third-country fishing vessels should be allowed to fish in EU waters under certain conditions and subject to Regulation (EC) No 1006/2008 and its implementing provisions.
(20)
Within the context of establishing fishing opportunities and in accordance with Article 11 of Regulation (EC) No 1342/2008, the Council may, on the basis of information provided by Member States and assessed by the STECF, exclude certain groups of vessels from the effort regime established in that Regulation, provided that appropriate data is available on cod catches and discards of the vessels concerned, that the percentage of cod catches does not exceed 1,5 % of the total catches of the group of vessels and that the inclusion of the group in the effort regime would constitute an administrative burden disproportionate to its overall impact on cod stocks. Poland provided information on the cod catches by a group of vessels consisting of one vessel targeting saithe in the North Sea with bottom trawls of mesh size equal to or larger than 100 mm. The United Kingdom provided information on the cod catches of two groups of vessels using bottom trawls to the west of Scotland. On the basis of that information as assessed by STECF, it can be established that the cod catches, including discards, of those groups of vessels do not exceed 1,5 % of their total catches. Having moreover regard to control and monitoring measures in place ensuring the monitoring and control of the fishing activities of those groups of vessels and considering that the inclusion of these groups would constitute an administrative burden disproportionate to the overall impact of that inclusion on cod stocks, it is appropriate to exclude those groups of vessels from the application of Chapter III of Regulation (EC) No 1342/2008, thus allowing to establish the effort limits for the concerned Member States accordingly.
(21)
In accordance with Article 291 of the Treaty, the measures necessary for the fixing of the catch limits for certain short-lived stocks should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (36) for reasons of urgency,
HAS ADOPTED THIS REGULATION:
TITLE I
SCOPE AND DEFINITIONS
Article 1
Subject matter
1. This Regulation fixes the following fishing opportunities and the conditions functionally linked to the use of those fishing opportunities:
-
for the year 2010, fishing opportunities for certain fish stocks and groups of fish stocks, and
-
for the year 2011, certain effort limitations, and, for the periods set out in Section 2 of Chapter III of Title II and in Annexes IE and V, fishing opportunities for certain Antarctic stocks.
2. This Regulation also fixes provisional fishing opportunities for certain fish stocks or groups of fish stocks subject to the bilateral fisheries agreements with Norway and the Faroe Islands, pending the consultations on the arrangements for 2010.
Article 2
Scope
1. If not otherwise provided for, this Regulation shall apply to:
(a)
EU vessels; and
(b)
fishing vessels flying the flag of, and registered in, third countries (‘third-country vessels’) in EU waters.
2. By way of derogation from paragraph 1, this Regulation, except footnote 1 to the table set out in Part B of Annex V, 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 whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.
3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quotas.
Article 3
Definitions
For the purposes of this Regulation, in addition to the definitions laid down in Article 3 of Regulation (EC) No 2371/2002, the following definitions shall apply:
(a)
‘EU vessels’ means fishing vessels defined in Article 3(d) of Regulation (EC) No 2371/2002;
(b)
‘EU waters’ means waters defined in Article 3(a) of Regulation (EC) No 2371/2002;
(c)
‘total allowable catches’ (TAC) means the quantity that can be taken and landed from each stock each year;
(d)
‘quota’ means a proportion of the TAC allocated to the Union, Member States or third countries;
(e)
‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;
(f)
‘mesh size’ means the mesh size as determined in accordance with Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 850/98 as regards the determination of the mesh size and assessing the thickness of twine of fishing nets (37).;
(g)
‘EU fishing fleet register’ means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002;
(h)
‘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 as defined in Regulation (EC) No 218/2009;
(b)
‘Skagerrak’ means the 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 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)
‘Gulf of Cádiz’ means the area of ICES zone IXa east of longitude 7o 23' 48″ W;
(e)
CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009;
(f)
NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EC) No 217/2009;
(g)
SEAFO (South East Atlantic Fisheries Organisation) Convention Area is as defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean (38);
(h)
the ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area is as defined in the International Convention for the Conservation of Atlantic Tunas (39);
(i)
CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) Convention Area is as defined in Regulation (EC) No 601/2004;
(j)
the IATTC (Inter American Tropical Tuna Convention) Convention Area is as 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 (40);
(k)
the IOTC (Indian Ocean Tuna Commission) Area is as defined in the Agreement for the establishment of the Indian Ocean Tuna Commission (41);
(l)
‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ means the high seas area south of 10o N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement (42), and west of the areas of fisheries jurisdictions of South American States;
(m)
the WCPFC (Western and Central Pacific Fisheries Convention) Convention Area is as defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (43).
(n)
‘high seas of the Bering Sea’ means the 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.
TITLE II
FISHING OPPORTUNITIES FOR EU VESSELS
CHAPTER I
General provisions
Article 5
Catch limits and allocations
1. The catch limits for EU vessels in EU waters or in certain non-EU waters and the allocation of such catch limits among Member States and additional conditions in accordance with Article 2 of Regulation (EC) No 847/96 are set out in Annex I.
2. EU vessels are hereby authorised to make catches, within the quota limits 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 conditions set out in Article 12 of and Annex III to this Regulation and in Regulation (EC) No 1006/2008 and its implementing provisions.
3. The Commission shall fix the catch limits for the fisheries on sandeel in EU waters of ICES zones IIa, IIIa and IV according to the rules laid down in point 6 of Annex IID.
4. The Commission shall fix catch limits for capelin in Greenland waters of ICES zones V and XIV available to the Union at 7,7 % of the capelin TAC as soon as the TAC has been established.
5. Catch limits for the stock of Norway pout in EU waters of ICES zones IIa, IIIa and IV and for the stock of sprat in EU waters of ICES zones IIa and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.
6. As a consequence of a revision of the stock of Norway pout in accordance with paragraph 5, the catch limits for the stocks of whiting in EU waters of ICES zone IIa, IIIa and IV and for the stocks of haddock in EU waters of ICES zone IIa, III and IV may be revised by the Commission in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 to take into account industrial by-catches in the Norway pout fishery.
7. The Commission may fix the catch limits for the stock of anchovy in ICES zone VIII in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002 in the light of scientific information collected during the first half of 2010.
Article 6
Prohibited species
It shall be prohibited for EU vessels to fish for, to retain on board, to tranship and to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU and non-EU waters;
(b)
angel shark (Squatina squatina) in all EU waters;
(c)
common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X;
(d)
undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X, and
(e)
porbeagle (Lamna nasus) in international waters.
Article 7
Special provisions on allocations
1. The allocation of fishing opportunities among Member States as set out in Annex I shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Article 21(3) of Regulation (EEC) No 2847/93 or pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
(c)
additional landings allowed under Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009.
2. Except where otherwise specified in Annex I of 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 to stocks subject to analytical TAC.
Article 8
Fishing effort limits
From 1 February 2010 to 31 January 2011, the fishing effort measures laid down in:
(a)
Annex IIA shall apply for the management of certain stocks in the Kattegat, the Skagerrak, that part of ICES zone IIIa not covered by the Skagerrak and the Kattegat, ICES zones IV, VIa, VIIa, VIId and EU waters of ICES zones IIa and Vb;
(b)
Annex IIB shall apply for the recovery of hake and Norway lobster in ICES zones VIIIc and IXa with the exception of the Gulf of Cádiz;
(c)
Annex IIC shall apply for the management of the sole stock in ICES zone VIIe;
(d)
Annex IID shall apply for the management of sandeel stocks in EU waters of ICES zones IIa, IIIa and IV.
Article 9
Catch and effort limits deep-sea fisheries
1. In addition to the catch limits laid down in Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (44), it shall be prohibited to catch and to retain on board, to tranship or to land any aggregate quantity of the deep-sea species and of Greenland halibut in excess of 100 kg in each sea trip, unless the vessel in question holds a deep-sea permit issued in accordance with Article 3 of Regulation (EC) No 2347/2002.
2. Member States shall ensure that fishing activities which lead to catches and retention on board of more than 10 tonnes each calendar year of deep-sea species and of Greenland halibut by vessels flying their flag and registered in their territory shall be subject to a deep-sea fishing permit.
3. Member States shall ensure that for 2010 the fishing effort levels, measured in kilowatt days absent from port, by vessels holding deep-sea fishing permits 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 and/or deep-sea species, as listed in Annexes I and II to Regulation (EC) No 2347/2002, 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, were caught.
Article 10
Conditions for landing catches and by-catches
1. Fish from stocks for which catch limits are established shall be retained on board or landed only if:
(a)
the catches have been taken by vessels 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.
2. By way of derogation from paragraph 1, the following fish may be retained on board and landed even if a Member State has no quotas or the quotas or shares are exhausted:
(a)
species, other than herring and mackerel, where
(i)
they are caught mixed with other species with nets whose mesh size is less than 32 mm in accordance with Article 4 of Regulation (EC) No 850/98; and
(ii)
the catches are not sorted either on board or on landing;
or
(b)
mackerel, where
(i)
they are caught mixed with horse mackerel or pilchard;
(ii)
they do not exceed 10 % of the total weight of mackerel, horse mackerel and pilchard on board; and
(iii)
the catches are not sorted either on board or on landing.
3. All landings shall count against the quota or, if the Union quota has not been allocated between Member States by quotas, against the Union quota, except for catches made in accordance with paragraph 2.
4. The percentage of by-catches and their disposal shall be determined in accordance with Articles 4 and 11 of Regulation (EC) No 850/98.
Article 11
Restrictions on the use of certain fishing opportunities
During the period from 1 May to 31 July 2010 it shall be prohibited to fish for or retain on board any marine organisms other than herring, mackerel, pilchard/sardines, horse mackerel, sprat, blue whiting and argentines within the area bounded by rhumb lines sequentially joining the following positions:
Point
Latitude
Longitude
1
52o 27' N
12o 19' W
2
52o 40' N
12o 30' W
3
52o 47' N
12o 39,600' W
4
52o 47' N
12o 56' W
5
52o 13,5' N
13o 53,830' W
6
51o 22' N
14o 24' W
7
51o 22' N
14o 03' W
8
52o 10' N
13o 25' W
9
52o 32' N
13o 07,500' W
10
52o 43' N
12o 55' W
11
52o 43' N
12o 43' W
12
52o 38,800' N
12o 37' W
13
52o 27' N
12o 23' W
14
52o 27' N
12o 19' W
Article 12
Unsorted landings in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa
1. When catch limits of a Member State for herring in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa are exhausted, vessels flying the flag of that Member State, registered in the Union and operating within the fisheries to which the relevant catch limitations apply shall be prohibited from landing catches which are unsorted and which contain herring.
2. Member States shall ensure that an adequate sampling programme is in place allowing an efficient monitoring of unsorted landings by species caught in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa.
3. Unsorted catches in ICES zones IIIa, IV and VIId and EU waters of ICES zone IIa shall be landed only at ports and landing locations where a sampling programme as referred to in paragraph 2 is in place.
Article 13
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send 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
Fishing authorisation in third-country waters
Article 14
Fishing authorisations
1. The maximum number of fishing authorisations for EU 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 on the basis of Article 20(5) of Regulation (EC) No 2371/2002, 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 Annex III, shall not be exceeded.
CHAPTER III
Fishing opportunities in waters of regional fisheries management organisations
Section 1
ICCAT convention Area
Article 15
Limitations to the number of vessels authorised to fish for bluefin tuna
The maximum number of the following vessels shall be limited as set out in Annex IV:
-
EU bait boats and trolling boats authorised to fish actively for bluefin tuna (Thunnus thynnus) between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic;
-
EU coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean;
-
EU 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.
Article 16
Additional conditions to the bluefin tuna quota allocated in Annex ID
In addition to Article 7(2) of Regulation (EC) No 302/2009, purse-seine fishing for bluefin tuna shall be prohibited in the eastern Atlantic and Mediterranean during the period from 15 April to 15 May 2010.
Article 17
Recreational and sport fisheries
Member States shall allocate a specific quota of bluefin tuna for recreational and sport fisheries from their quotas allocated set out in Annex ID.
Article 18
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 genus Alopias.
Section 2
CCAMLR convention Area
Article 19
Prohibitions and catch limitations
1. Direct fishing of the species set out in Annex V, Part A, shall be prohibited in the zones and during the periods set out in that Annex.
2. For new and exploratory fisheries, the catch and by-catch limits set out in Annex V, Part B, shall apply in the subareas set out in that Part.
Article 20
Exploratory fisheries
1. Fishing vessels flying the flag of, and registered in a Member State that have been notified to CCAMLR in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 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 and 58.4.2 outside areas of national jurisdiction.
2. With regard to FAO Subareas 88.1 and 88.2 as well as Divisions 58.4.1 and 58.4.2 total catch 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 Annex V, Part B. Fishing in any SSRU shall cease when the reported catch reaches the specified catch limit, and that 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 and 58.4.2 shall be prohibited in depths less than 550 m.
Article 21
Krill fishery during the 2010/2011 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 2010/2011 fishing season. If such a Member State intends to fish for krill in the CCAMLR Convention Area, it shall notify the CCAMLR Secretariat and the Commission in accordance with Article 5a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2010:
(a)
of its intention to fish for krill, using the format laid down in Annex V, Part C;
(b)
of the net configuration form, using the format laid down in Annex V, Part D.
2. The notification referred to in paragraph 1 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. Member States intending to fish for krill in the CCAMLR Convention Area shall only notify authorised vessels flying its flag at the time of the notification.
4. Member States shall be entitled to authorise participation in a krill fishery by a vessel other than those notified to CCAMLR in accordance with paragraphs 1, 2 and 3, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member State concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:
(a)
full details of the intended replacement vessel(s) referred to in paragraph 2, 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 either of the CCAMLR IUU Vessel Lists to participate in krill fisheries.
Article 22
Closure of all fisheries
1. Following notification by the CCAMLR Secretariat of the closure of a fishery due to the exhaustion of the TAC as set out in Annex IE, Member States shall ensure that all vessels flying their flag and fishing in the area, management area, subarea, division, SSRU or other management unit, subject to the closure notice, shall remove all their fishing gear from the water by the notified closure date and time.
2. On receipt of such notification by the vessel, no further longlines may be set within 24 hours of the notified date and time. If such notification is received less than 24 hours before the closure date and time, no further longlines may be set following receipt of that notification.
3. In the case of closure of the fishery referred to in paragraph 1, all vessels shall depart from the fishing area as soon as all fishing gear has been removed from the water.
4. Where a vessel is unable to remove all its fishing gear from the water by the notified closure date and time for reasons relating to:
(a)
the safety of the vessel and crew;
(b)
the limitations which may arise from adverse weather conditions;
(c)
sea-ice cover; or
(d)
the need to protect the Antarctic marine environment,
the vessel shall notify its flag Member State of the situation. The Member States shall promptly notify the CCAMLR Secretariat and the Commission. The vessel shall nonetheless make all reasonable efforts to remove all its fishing gear from the water as soon as possible.
5. If paragraph 4 applies, Member States shall carry out an investigation of the vessel’s actions and, according to its domestic procedures, report the CCAMLR Secretariat and the Commission of its findings no later than before the next CCAMLR meeting. The final report shall assess whether the vessel made all reasonable efforts to remove all its fishing gear from the water:
(a)
by the notified closure date and time; and
(b)
as soon as possible after the notification referred to in paragraph 4.
6. Where a vessel does not depart from the closed area as soon as all fishing gear has been removed from the water, the flag Member State shall ensure that the CCAMLR Secretariat and the Commission are informed.
Section 3
IOTC Area
Article 23
Limitation of fishing capacity of vessels fishing in the IOTC Area
1. The maximum number of EU vessels fishing for tropical tunas in the IOTC Area and the corresponding capacity in gross tonnage (GT) shall be as set out in point 1 of Annex VI.
2. The maximum number of EU vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area and the corresponding capacity in GT shall be as set out in point 2 of Annex VI.
3. Member States may change the number of vessels referred to in paragraphs 1 and 2 by gear type 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. No vessels featuring on the list of vessels engaged in illegal, unreported and unregulated fishing activities (IUU vessels) of any regional fisheries management organisation 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 the limitations of fishing capacity, as mentioned in this Article, within the limits set out in those development plans.
Section 4
SPRFMO convention Area
Article 24
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 GT of vessels flying their flag and fishing for pelagic stocks in 2010 to the levels of total 78 610 GT in the SPRFMO Convention Area in such manner that sustainable exploitation of the pelagic fishery resources in South Pacific is ensured.
Article 25
Pelagic fisheries - catch limits
1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in the years 2007, 2008 or 2009, as referred to in Article 24, may fish for pelagic stocks in this Area in accordance with the catch limits set out in Annex IJ.
2. Member States shall notify the Commission on a monthly basis of the names and characteristics, including GT, of their vessels engaged in the fishery referred to in this Article.
3. For the purpose of monitoring the fishery referred to in this Article, Member States shall send to the Commission, for forwarding to the SPRFMO Interim Secretariat, records from vessel monitoring systems (VMS), monthly catch reports and, where available, port calls at the latest by the fifteenth day of the following month.
Article 26
Bottom fisheries
Member States shall limit bottom fishing effort or catch in the SPRFMO Convention Area to the average annual levels over the period from 1 January 2002 to 31 December 2006 in terms of the number of fishing vessels and other parameters that reflect the level of catch, fishing effort and fishing capacity and to only those parts of the SPRFMO Convention Area where bottom fisheries has occurred during the previous fishing season.
Section 5
IATTC convention Area
Article 27
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)
either from 29 July to 28 September 2010 or from 10 November 2010 to 18 January 2011 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 2010 in the area defined by the following limits:
-
longitude 94° W,
-
longitude 110° W,
-
latitude 3° N,
-
latitude 5° S.
2. The Member States concerned shall notify the Commission of the selected period of closure referred to in paragraph 1(a) before 1 April 2010. All the purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the defined area during the period selected.
3. Purse-seine vessels fishing for tuna in the IATTC Regulatory Area shall retain on board and then land all yellowfin, bigeye and skipjack tuna caught, except fish considered unfit for human consumption for reasons other than size. A single exception shall be the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
Section 6
SEAFO convention Area
Article 28
Measures for the protection of 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) and deep-sea sharks of super-order Selachimorpha.
Section 7
WCPFC convention Area
Article 29
Fishing effort limitations for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore
Member States shall ensure that the total fishing effort for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), skipjack tuna (Katsuwonus pelamis) and south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area is limited to the fishing effort provided for in fisheries partnership agreements between the Union and coastal States in the region.
Article 30
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 on 1 July 2010 and 24:00 hours on 30 September 2010. During this 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 at no time does the vessel:
(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 those connected with size; or
(c)
when a serious malfunction of freezer equipment occurs.
Article 31
Limitations to the number of vessels authorised to fish swordfish
The maximum number of EU 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.
Section 8
Bering Sea
Article 32
Prohibition to fish 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 EU WATERS
Article 33
Catch limits
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands shall be authorised to make catches in EU waters within the catch limits set out in Annex I and subject to the conditions provided for in Chapter III of Regulation (EC) No 1006/2008 and in this Title.
Article 34
Fishing authorisations
1. The maximum number of fishing authorisations for third-country vessels fishing in EU waters is laid down in Annex VIII.
2. Fish from stocks for which catch limits are fixed shall not be retained on board or landed unless the catches have been taken by third-country vessels having a quota and that quota is not exhausted.
Article 35
Prohibited species
It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship and to land the following species:
(a)
basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias) in all EU waters;
(b)
angel shark (Squatina squatina) in all EU waters;
(c)
common skate (Dipturus batis) in EU waters of ICES zones IIa, III, IV, VI, VII, VIII, IX and X; and
(d)
undulate ray (Raja undulata) and white skate (Rostroraja alba) in EU waters of ICES zones VI, VII, VIII, IX and X.
TITLE IV
FINAL PROVISIONS
Article 36
Amendment of Regulation (EC) No 1359/2008
In Part 2 of the Annex to Regulation (EC) No 1359/2008, the entry concerning roundnose grenadier in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES subarea III is replaced by the following:
‘Species:
Roundnose grenadier
Coryphaenoides rupestris
Zone:
Community waters and waters not under the sovereignty or jurisdiction of third countries of III (45)
(RNG/03-)
Year
2009
2010
Denmark
804
804
Germany
5
5
Sweden
41
41
EC
850
850
Article 37
Amendment of Regulation (EC) No 754/2009
In Article 1 of Regulation (EC) No 754/2009, the following points are added:
‘c)
the group of vessels flying the flag of the United Kingdom, participating in the fishery indicated in the request from the United Kingdom dated 18 June 2009, targeting Norway lobster and using bottom trawls and seines of mesh size equal to or larger than 70 mm and less than 100 mm in the West of Scotland, in particular in the Minch (ICES statistical rectangles 42 E3, 42 E4, 43 E3, 43 E4, 44 E3, 44 E4, 45 E3);
d)
the group of vessels flying the flag of the United Kingdom, participating in the fishery indicated in the request from the United Kingdom dated 18 June 2009, targeting Norway lobster and using bottom trawls and seines of mesh size equal to or larger than 70 mm and less than 100 mm in the West of Scotland, in particular in the Firth of Clyde (ICES statistical rectangles 39 E5 and 40 E5);
e)
the group of vessels flying the flag of Poland, participating in the fishery indicated in the request from Poland dated 24 April 2009 as completed by correspondence dated 11 July 2009, targeting saithe and using bottom trawls of mesh size equal to or larger than 100 mm in the North Sea and EU waters of ICES zone IIa with full-time observer coverage.’.
Article 38
Amendment of Regulation (EC) No 1226/2009
Article 2 of Council Regulation (EC) No 1226/2009 of 20 November 2009 fixing the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2010 (46) is replaced by the following:
‘Article 2
Scope
1. This Regulation shall apply to Community fishing vessels (“Community vessels”) operating in the Baltic Sea.
2. By way of derogation from paragraph 1, 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 whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.
3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quotas.’
Article 39
Amendment of Regulation (EC) No 1287/2009
Article 2 of Council Regulation (EC) No 1287/2009 of 27 November 2009 fixing the fishing opportunities and the conditions relating thereto for certain fish stocks applicable in the Black Sea for 2010 (47) is replaced by the following:
‘Article 2
Scope
1. This Regulation shall apply to Community fishing vessels (“Community vessels”) operating in the Black Sea.
2. By way of derogation from paragraph 1, 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 whose flag the vessel concerned is flying and of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out, ICES and STECF of all catches from such fishing operations.
3. Paragraph 2 shall not apply to fishing operations by vessels participating in initiatives regarding fully documented fisheries where such fisheries benefit from additional quota.’
Article 40
Entry into force and application
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 2010.
Where the fishing opportunities for the CCAMLR Convention Area are set for periods starting before 1 January 2010, Section 2 of Chapter III of Title II and Annexes IE and V shall apply with effect from the beginning of the respective periods of application of those fishing opportunities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 January 2010.