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"B COUNCIL REGULATION (EC) No 894/97
of 29 April 1997
laying down certain technical measures for the conservation of fishery resources
(OJ L 132, 23.5.1997, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 850/98 of 30 March 1998 L 125 1 27.4.1998
"M2 Council Regulation (EC) No 1239/98 of 8 June 1998 L 171 1 17.6.19981997R0894 — EN — 01.01.2000 — 002.001 — 1
COUNCIL REGULATION (EC) No 894/97
of 29 April 1997
laying down certain technical measures for the conservation of fishery
resources
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 43 thereof,
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 3094/86 of 7 October 1986
laying down certain technical measures for the conservation of fisheryresources (
3), has been frequently and substantially amended; whereas
for reasons of clarity and rationality that Regulation should be
codified;
(2) Whereas, in order to ensure the protection of marine biological
resources and the balanced exploitation of fishery resources in theinterests of both fishermen and consumers, technical measures shouldbe laid down for the conservation of fishery resources specifying inter
aliathe mesh sizes, by-catch rates and fish sizes permitted, as well as
the limitation of fishing within certain areas and periods and withcertain gear;
(3) Whereas a balance needs to be struck between adjusting technical
conservation measures to the diversity of the fisheries and the need forhomogeneous rules which are easier to apply;
(4) Whereas the rules governing fishing operations in the Skagerrak and
Kattegat, agreed between the Community and Norway and Sweden,should be included in this Regulation; whereas, taking account of
scientific advice, it is therefore necessary to establish seasonal
limitations on certain fishing activities in the Skagerrak and theKattegat;
(5) Whereas management measures concerning fishing in the Baltic Sea
should be adopted by the International Baltic Sea Fishery Commis-sion;
(6) Whereas discards currently account for unacceptable wastage on a
large scale; whereas a ban on fishing using insufficiently selective
techniques or practised in areas where juveniles are concentrated,
together with increases in mesh sizes and the prohibition of gearconducive to discarding, constitute a first step towards the finalelimination of practices which are incompatible with conservation and
the proper use of resources; whereas it is necessary to introduce a
coherent system of management and exploitation which reducesdiscards to a minimum;
(7) Whereas it is appropriate to define directed fishing for certain species
of fish as well as by-catches and protected species;
(8) Whereas extensive trials have shown that the use of square mesh
panels ahead of and above the cod-end can play a significant part inreducing under-size fish;
(9) Whereas industrial fishing is a continuous activity and whereas,
accordingly, the conditions governing it should also be stable;
(10) Whereas the catching of certain species to be transformed into
fish-meal or oil can be carried out with a derogatory mesh sizeprovided that such catching operations do not have a negativeinfluence on other demersal stocks, in particular cod and haddock;!B
(1) OJ No C 362, 2. 12. 1996, p. 318.
(2) OJ No C 30, 30. 1. 1997, p. 93.
(3) OJ No L 288, 11. 10. 1986, p. 1. Regulation as last amended by Regulation (EC)
No 3071/95 (OJ No L 329, 30. 12. 1995, p. 14).1997R0894 — EN — 01.01.2000 — 002.001 — 2
(11) Whereas there is an increasing tendency to use smaller and smaller
mesh sizes for bottom set gillnets, entangling nets and trammel nets,which is resulting in increasing mortality rates for juveniles of thetarget species of the fisheries concerned;
(12) Whereas this trend should be checked and the mesh sizes used for
passive gear such as bottom set gillnets, entangling nets and trammel
nets should be designed to achieve selective catches of the target
species or group of target species;
(13) Whereas biological parameters for the species concerned differ
between geographical areas; whereas these differences justify theapplication of different measures in those areas;
(14) Whereas in order to permit fishermen adequate time to adapt existing
gear to the new requirements, a sufficient transition period should be
provided;
(15) Whereas the manner in which the size of crustaceans and molluscs are
to be measured should be defined;
(16) Whereas the rules concerning fishing within the 12-mile coastal zone
should be defined in terms which are enforceable;
(17) Whereas in this respect, protection of nursery areas should be provided
for in the coastal zone of Member States, taking into account the
specific biological conditions on those various zones;
(18) Whereas the non-selective use of purse seines on schools of tuna and
other species of fish found in association with or in close proximity tomarine mammals may result in the pointless catching and killing of
such mammals;
(19) Whereas, when properly and responsibly conducted the use of purse
seines is an effective method of fishing solely for desired target
species; whereas under such circumstances it no longer represents athreat to the conservation of marine mammals;
(20) Whereas on 22 December 1989 the General Assembly of the United
Nations adopted Resolution 44/225 on large-scale pelagic driftnet
fishing and its impact on the living marine resources of the world’ s
oceans and seas;
(21) Whereas by Decision 82/72 EEC (
1) the Council approved the
Convention on the conservation of European wildlife and naturalhabitats (Berne Convention);
(22) Whereas the Community has signed the United Nations Convention on
the Law of the Sea which requires all the members of the internationalcommunity to cooperate in the conservation and management of the
living resources of the high seas;
(23) Whereas the uncontrolled expansion and growth of drift-netting may
entail serious disadvantages in terms of increased fishing effort and
increased by-catches of species other than the target species; whereasit is therefore desirable to regulate fishing with driftnets;
(24) Whereas, in order not to hinder scientific research, this Regulation
should not apply to operations which may be necessitated, even
incidentally, by the conduct of such research;
(25) Whereas, where conservation is seriously threatened, Member States
should be permitted to take appropriate provisional measures;
(26) Whereas additional national measures of a strictly local character
should not be invalidated or hampered by the adoption of this
Regulation;
(27) Whereas, therefore, such measures may be maintained or adopted
subject to consideration by the Commission of their compatibility withCommunity law and conformity with the common fisheries policy;
(28) Whereas this Regulation should apply without prejudice to certain
national measures going beyond the minimum requirements which it
lays down;!B
(1) OJ No L 38, 10. 2. 1982, p. 1.1997R0894 — EN — 01.01.2000 — 002.001 — 3
(29) Whereas urgent new conservation measures and detailed rules on the
implementation of this Regulation may be necessary; whereas suchmeasures and rules should be adopted in accordance with theprocedure laid down in Article 18 of Council Regulation (EEC) No
3760/92 of 20 December 1992 establishing a Community system for
fisheries and aquaculture (
1),
HAS ADOPTED THIS REGULATION:
TITLΕI
NETS AND CONDITIONS FOR THEIR USE
TITLE II
MINIMUM SIZE OF FISH, CRUSTACEANS AND MOLLUSCS
TITLE III
PROHIBITION OF FISHING
TITLE IV
RESTRICTIONS ON CERTAIN TYPES OF FISHING
Article 11
No vessel may keep on board, or use for fishing, one or more drift-nets whose
individual or total length is more than 2,5 kilometres.
Article 11a
1. From 1 January 2002, no vessel may keep on board, or use for fishing,
one or more drift-nets intended for the capture of species listed in Annex VIII.
2. From 1 January 2002, it is prohibited to land species listed in Annex VIII
which have been caught in drift-nets.
3. Until 31 December 2001, a vessel may keep on board, or use for fishing,
one or more drift-nets referred to in paragraph 1 after receiving authorisationfrom the competent authorities of the flag Member State. In 1998, the
maximum number of vessels which may be authorised by a Member State to
keep on board, or use for fishing, one or more drift-nets shall not exceed 60 %of the fishing vessels which used one or more drift-nets during the period1995 to 1997.!B
(1) OJ No L 389, 31. 12. 1992, p. 1. Regulation as last amended by the 1994 Act of
Accession.!M1
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!M21997R0894 — EN — 01.01.2000 — 002.001 — 4
4. Member States shall communicate to the Commission for each target
species by 30 April of each year, the list of vessels authorised to carry outfishing activities using the drift-nets referred to in paragraph 3; for 1998, theinformation shall be sent not later than 31 July 1998.
Article 11b
1. All fishing vessels using one or more drift-nets intended for the capture
of species listed in Annex VIII shall operate under the following conditions:
— during fishing activity, the vessel must keep the net under constant visual
observation,
— floating buoys, with radar reflectors, must be moored to each end of the
netting, so that its position can be determined at any time. The buoys
must be permanently marked with the registration letter(s) and number ofthe vessel to which they belong.
2. The master of a fishing vessel using one or more drift-nets referred to in
paragraph 1 shall keep a logbook in which he must record the followinginformation on a day-to-day basis:
— the total length of the nets on board,— the total length of the nets used in each fishing operation,— the quantity of each species caught during each fishing operation,
including by-catches and discards at sea, in particular cetaceans, reptilesand sea-birds,
— the quantity of each species held on board,— the date and position of such catches.3. All masters referred to in paragraph 2 shall forward to the competent
authorities of the Member State of landing a declaration giving at least thequantities of each species landed and the catch dates and zones.
4. Masters of vessels using one or more drift-nets referred to in paragraph 1
who wish to use a landing location in a Member State shall notify thecompetent authorities in the Member State concerned, at least two hours
before arrival in port, of the planned landing location and time of arrival.
5. All fishing vessels using one or more drift-nets referred to in paragraph 1
shall keep on board the prior authorisation to fish issued by the competent
authorities of the flag Member State.
6. In the case of failure to comply with the obligations laid down in Articles
11 and 11a and this Article, the competent authorities shall take appropriatemeasures in respect of the vessels concerned, in accordance with Article 31 of
Regulation (EEC) No 2847/93.
Article 11c
With the exception of waters covered by 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 Beltsand the Sound (
1) and notwithstanding Article 1(1), Articles 11, 11a and 11b
shall apply in all waters falling within the sovereignty of jurisdiction of the
Member States and, outside those waters shall apply to all Community fishing
vessels.
TITLE V
FINAL PROVISIONS!M2
(1) OJ L 9, 15.1.1998, p. 1.!M1
!B
!M11997R0894 — EN — 01.01.2000 — 002.001 — 5
Article 18
Detailed rules for the implementation of this Regulation shall be adopted in
accordance with the procedure laid down in Article 18 of Regulation (EEC)
No 3760/92.
Article 19
Regulation (EEC) No 3094/86 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 VII.
Article 20
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
However, the provisions of Article 2 (10) and of Annexes V and VI shall enter
into force on 31 December 1997.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M11997R0894 — EN — 01.01.2000 — 002.001 — 6
ANNEX VIII
— Albacore: Thunnus alalunga
— Bluefin tuna: Thunnus thynnus
— Bigeye tuna: Thunnus obesus
— Skipjack: Katsuwonus pelamis
— Atlantic Bonito: Sarda Sarda
— Y ellowfin tuna: Thunnus albacares
— Blackfin tuna: Thunnus atlanticus
— Little tuna: Euthynnus spp.
— Southern bluefin tuna: Thunnus maccoyii
— Frigate tuna: Auxis spp.
— Oceanic sea breams: Brama rayi
— Marlins: Tetrapturus spp.; Makaira spp.
— Sailfishes: Istiophorus spp.
— Swordfishes: Xiphias gladius
— Sauries: Scomberesox spp.; Cololabis spp.
— Dolphinfishes: Coryphœna spp.
— Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae; Carcharhini-
dae; Sphymidae; Isuridae; Lamnidae
— Cephalopods: all species!M21997R0894 — EN — 01.01.2000 — 002.001 — 7