COUNCIL REGULATION (EEC) No 4194/88 of 21 December 1988 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1989 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 (2), 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 for 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 upon 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 shares available for the Community in 1989 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 (3), Article 2 of the Agreement on fisheries between the European Economic Community and the Government of Sweden (4), 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 (5), the parties have consulted on their reciprocal fishing rights for 1989;

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 been concluded and whereas it is possible, in consequence, to fix definitively the TACs and the Community shares available for the stocks in these areas;

Whereas, as a consequence of these consultations it is necessary to establish a TAC for deepwater prawn in the Skagerrak;

Whereas, in the light of the latest scientific information it is necessary to establish separate TACs for blue whiting, pollack and anglerfish in ICES division VIII e;

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 Internatinoal Baltic Sea Fishery Commission has recommended TACs for the stocks of cod, herring and sprat occuring 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 1989 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, under 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 V b (EC zone), VI, VII and VIII a, b and d;

Whereas, under 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 in order to limit fishing on juvenile cod;

Whereas, it is necessary to extend the seasonal limitations on certain fishing activities in the Skagerak and Kattegat in order to limit fishing on juvenile herring,

Whereas, in order to ensure a better exploitation of the quotas of herring, mackerel and hake, transfers of quotas from the zone 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, XII and XIV and from zone 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 zone II (except EC zone), V b (EC zone), VI, VII, VIII a, b, d and e, XII and XIV to zone IV a (EC zone) should be permitted for mackerel;

Whereas, taking account of the latest scientific advice, it is necessary to establish seasonal limitations on fishing activities in the Firth of Clyde and the Celtic Sea in order to limit fishing on herring;

Whereas, taking account of the latest scientific advice, it is necessary to establish seasonal limitations on certain fishing activities in the North Sea in order to limit fishing on juvenile sole,

HAS ADOPTED THIS REGULATION

Article 1

This Regluation fixes for 1989, 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 (6).

For the purposes of this Regulation, the Skagerrak is bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindeness 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 o Gnibens 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 III a 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 1989 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 the preceding Article is fixed in the Annex.

This allocation shall be without prejudice to exchanges made under Article 5 (1) of Regulation (EEC) No 170/83 and re-allocations made under Article 11 (4) of Council regulation (EEC) No 2241/87 (7).

Article 4

As regards the herring stock of the North Sea and of the eastern English Channel, transfers of 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 zone II a (EC zone) and IV (EC zone), Member States having a quota in this zone, may on exhaustion of this quota, make transfers from the zone V b (EC zone), VI, VII, XII and XIV and from the zone VIII a, b and d to the zone II a (EC zone) and 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:

(i) the catches have been taken by vessels of a Member State having a quota and that quota is not exhausted; or

(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 (8), as last amended by Regulation (EEC) No 4193/88(9), and are not sorted either on board or on landing; or

(iv) for herring, they are within the limits of paragraph 2; or

(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

(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 1989 within the area bounded by the following coordinates:

- the west coast of Denmark at 55o30m N,

- latitude 55°30m N longitude 07°00m E,

- latitude 57°00m N longitude 07°00m E,

- the west coast of Denmark at 57°00m N.

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°10m N and 54°45m N for the period 15 August to 30 September and between latitudes 55°30m N and 55°45m N for the period 15 August to 15 September.

3. Fishing for herring shall be prohibited throughout the year in the Irish Sea (ICES division VII a) 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°20m N 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 1989 in the parts of the Irish Sea (ICES division VII a) bounded by the following co-ordinates:

(a) - the east coast of the Isle of Man at latitude 54°20m N,

- latitude 54°20m N, longitude 3°40m W,

- latitude 53°50m N, longitude 3°50m W,

- latitude 53°50m N, longitude 4°50m W,

- the south-west coast of the Isle of Man at longitude 4°50m W;

(b) - the east coast of Northern Ireland at latitude 54°15m N,

- latitude 54°15m N, longitude 5°15m W,

- latitude 53°50m N, longitude 5°50m W,

- the east coast of Ireland at latitude 53°50m N.

Fishing for herring shall be prohibited throughout 1989 in Logan Bay, defined as being the waters east of a line drawn from the Mull of Logan, situated at latitude 54°44m N and longitude 4°59m W, to Laggantalluch Head, situated at latitude 54°41m N and longitude 4°58m W.

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°00m N and 55°00m N 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 1989.

7. Fishing for herring shall be prohibited from 1 to 16 November 1989 within the area bounded by the following coordinates:

- the south coast of Ireland at longitude 08°00m W,

- latitude 51°15m N, longitude 08°00m W,

- latitude 51°15m N, longitude 09°00m W,

- the south coast of Ireland at longitude 09°00m W.

8. 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 of mesh size less than 32 millimetres shall be prohibited:

(a) throughout the year for all vessels of overall length of 25 metres or above fishing in either the Skagerrak or the Kattegat;

(b) for all vessels of overall length less than 25 metres fishing in either the Skagerrak or the Kattegat:

- from 1 January to 31 October.

2. Fishing for sprat shall be prohibited:

(a) from 1 July to 31 October 1989 within the area bounded by the following coordinates:

- the west coast of Denmark at 55°30m N,

- latitude 55°30m N longitude 07°00m E,

- latitude 57°00m N longitude 07°00m E,

- the west coast of Denmark at 57°00m N;

(b) in ICES statistical rectangle 39E8 from 1 January to 31 March 1989 and from 1 October to 31 December 1989. 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°00m N to longitude 1°00m W, due north to latitude 55°30m N and due west to the English coast;

(c) in the inner waters of the Moray Firth west of longitude 3°30m W and in the inner waters of the Firth of Forth west of longitude 3°00m W from 1 January to 31 March 1989 and from 1 October to 31 December 1989.

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 1989 and from 1 October to 31 December 1989 in the geographical areas bounded by a line joining the following coordinates:

- a point on the west coast of Denmark at latitude 55°00m N,

- latitude 55°00m N, longitude 7°00m E,

- latitude 54°30m N, longitude 7°00m E,

- latitude 54°30m N, longitude 6°00m E,

- latitude 53°30m N, longitudec 6°00m E,

- latitude 53°30m N, longitude 4°00m E,

- a point on the coast of the Netherlands at longitude 4°00m E.

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

1. It shall be prohibited for any vessel of which the engine power exceeds 1 324 kW to fish using a beam trawl in the Skagerrak or that part of the North Sea south of latitude 55° N during the period 1 April to 30 June 1989.

2. It shall be prohibited for any vesse lof which the engine power exceeds 1 324 kW and which fishes using one or more beam trawls in the Skagerrak or the North Sea to retain on board, tranship or land any sole (Solea vulgaris) during the period 1 April to 30 June 1989.

Article 11

Blue whiting and horse mackerel shall be considered to be species other than demersal.

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 1989.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 1988.

For the Council

The President

V. PAPANDREOU

(1) OJ No L 24, 27. 1. 1983, p. 1.

(2) OJ No L 302, 15. 11. 1985, p. 25.

(3) OJ No L 226, 29. 8. 1980, p. 48.

(4) OJ No L 226, 29. 8. 1980, p. 2.

(5) OJ No L 226, 29. 8. 1980, p. 12.

(6) The definition of the ICES and CECAF areas referred to in this Regulation are given in Commission communications 85/C 347/05 (OJ No C 347, 31. 12. 1985, p. 14) and 85/C 335/02 (OJ No C 335, 24. 12. 1985, p. 2) respectively.

(7) OJ No L 207, 29. 7. 1987, p. 1.

(8) OJ No L 288, 11. 10. 1986, p. 1.

(9) See page 1 of this Official Journal.