Proposal for a COUNCIL REGULATION fixing for 2002 the fishing opportunities for deep-sea fish stocks

EXPLANATORY MEMORANDUM

Deep-sea stocks are fish stocks caught in waters beyond the main fishing grounds of continental shelves. They are distributed on the continental slopes or associated with seamounts. These species are believed to be slow-growing, and particularly vulnerable to overexploitation. As fisheries for these species are being developed in recent years, it is necessary to establish a management system to ensure that their exploitation be sustainable. Scientific advice from ICES and endorsed by STECF indicates that the most appropriate conservation measures for these species would be based on effort limitation and reduction. It is expected to develop a system for the management of effort directed at deep-sea species in line with this scientific advice as soon as possible. However, restricting catches by means of quota management of fisheries is considered a useful firts step in applying conservation measures.

At the Fisheries Council of 14-15 December 2000, the Council and the Commission adopted a declaration whereby the Commission was invited to propose catch limitations for these stocks in 2001 at the latest, and to propose the allocation of these catch limitations among Member States.

This proposal for a Council Regulation fixes for 2002 the fishing opportunities for some deep-sea stocks for the Community, both in international waters and in Community waters. Due to the urgent requirements for conservation of these species, it is desirable to implement these measures unilaterally whilst agreement on harmonised measures is being sought within the relevant regional fisheries organisation (NEAFC, the North-East Atlantic Fisheries Commission). The fixing and sharing of possibilities for fishing falls exclusively within the competence of the Community and arises from obligations set out in Article 8(4) of Regulation No 3760/92 of the Council of 20 December 1992.

Such fishing opportunities should be in accordance with international agreements covering precautionary management and the sustainable use of fisheries resources, inter alia the United Nations agreement concerning the conservation and management of straddling fish stocks and highly migratory fish stocks.

The most recent report of ACFM, endorsed by STECF, indicates that many of the stocks of deep-water fish stocks are too heavily exploited and are considered to be in a state which is actually or potentially outside safe biological limits. Depending on the stock in question, ACFM have recommended action implying the restriction of fishing opportunities. For stocks for which little biological information is available, ACFM have recommended that the expansion of the fisheries should be restricted until comprehensive data-collection systems have been put in place. Such recommendations are reflected in this proposal.

Concomitant with scientific advice, the Commission intends to complement the proposed limitations on catches with a proposal on a licensing system as a first step towards effort management measures for deep-sea fisheries as soon as possible in 2002.

Proposal for a COUNCIL REGULATION fixing for 2002 the fishing opportunities for deep-sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture [1], and in particular Article 8(4) thereof,

[1] OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

Having regard to the proposal of the Commission,

Whereas:

(1) Article 4 of Regulation (EEC) No 3760/92 requires the Council to adopt, in the light of the available scientific advice and, in particular, of the report prepared by the Scientific, Technical and Economic Committee for Fisheries, the measures necessary to ensure the rational and responsible exploitation of resources on a sustainable basis;

(2) New scientific advice concerning certain stocks of fish found in the deep sea indicates that these stocks are vulnerable to exploitation, and that fishing opportunities for these stocks should be limited or reduced in order assure their sustainability by establishing total allowable catches (TAC) and quotas;

(3) In order to ensure effective management of these TACs and quotas, the specific conditions under which fishing operations occur should be established both for Community waters and for waters not under the sovereignty or jurisdiction of third countries;

(4) It is necessary to establish the principles and certain procedures of fishery management at Community level, so that Member States can ensure the management of the vessels flying their flag;

(5) In accordance with the provisions laid down in Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year to year management of TACs and quotas [2] , it is necessary to indicate which stocks are subject to the various measures fixed therein;

[2] OJ L 115, 9.5.1996, p. 3.

(6) The realisation of fishing opportunities should be in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy [3], Council Regulation (EC) No 2027/95 of 15 June 1995 for the management of fishing effort [4], Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound [5] and 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 [6].

[3] OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) 2846/98 (OJ L 358, 31.12.1998, p. 5).

[4] OJ L 199, 24.8.1995, p.1.

[5] OJ L 9, 15.1.1998, p. 1. Regulation as last amended by Regulation (EC) ...

[6] OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) ...

HAS ADOPTED THIS REGULATION:

Article 1

1. This Regulation fixes for 2002, for stocks of deep-sea species, fishing opportunities applicable to vessels flying the flag and registered in Member States, hereinafter "Community vessels" in zones where catch limitations are required, and the specific conditions under which these fishing opportunities may be utilised.

2. For the purposes of this Regulation, fishing opportunities shall take the form of Total Allowable Catches (TACs) available to the Community and allocated to Member States.

Article 2

Definition of Zones

The definitions of ICES [7], CECAF [8] (Eastern Central Atlantic or FAO major fishing zone 34) zones are those given, respectively, in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic [9], Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic [10]. Definitions of other zones referred to shall be as stated in Annex I to this Regulation.

[7] International Council for the Exploration of the Sea.

[8] Committee for Eastern Central Atlantic Fisheries.

[9] OJ L 365, 31.12.1991, p. 1.

[10] OJ L 270, 13.11.1995, p. 1.

Article 3

Fishing opportunities of stocks of deep-sea species for Community vessels in Community waters or in international waters are hereby fixed as set out in Annex II.

Article 4

The allocation of fishing opportunities among Member States shall be without prejudice to:

(a) exchanges made pursuant to Article 9(1) of Regulation (EEC) No 3760/92;

(b) reallocations made pursuant to Articles 21(4), 23(1) and 32(2) of Regulation (EEC) No 2847/93;

(c) additional landings allowed under the stipulations of 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 Article 5 of Regulation (EC) No 847/96;

Article 5

Quota flexibility

The stocks which are subject to a precautionary or to an analytical TAC, the stocks to which the year-to-year flexibility conditions stipulated in Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply, and the stocks to which the penalty coefficients provided for in Article 5(2) of the same Regulation shall apply, are fixed for 2002 in Annex III of this Regulation .

Article 6

Conditions for landing catch and by-catch

1. Fish from stocks for which fishing opportunities are fixed shall not be retained on board or landed unless:

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

(ii) catches are taken during the course of scientific investigations carried out under Regulation (EC) No 850/98.

All landings shall count against the quota except for catches made under the provisions of point (ii) of the first paragraph.

Article 7

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

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

Done at Brussels, XX December 2001

For the Council

The President

ANNEX I

Definition of areas

Where references are made to specific sea zones, the meaning of those references shall be as defined in the table below:

VIIf(N) // Waters to the north of 50°30N within ICES Subarea VIIf

VIIIc(ES) // Waters under the soverignty or jurisdiction of Spain within ICES Division VIIIc

VIIIe(ES) // Waters under the soverignty or jurisdiction of Spain within ICES Division VIIIe

IX(PT) // Waters under the soverignty or jurisdiction of Portugal within ICES Sub-Area IX

IX(ES) // Waters under the soverignty or jurisdiction of Spain within ICES Sub-Area IX

X(PT) // Waters under the soverignty or jurisdiction of Portugal within ICES Sub-Area X

ANNEX II

Definition of Species and Species Groups

Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:

Common name // Scientific name

Alfonsinos // Beryx spp.

Black scabbardfish // Aphanopus carbo

Blue ling // Molva dypterigia

Forkbeards // Phycis spp.

Greater silver smelt // Argentina silus

Ling // Molva molva

Orange roughy // Hoplostethus atlanticus

Red Seabream // Pagellus bogaraveo

Roundnose grenadier // Coryphaenoides rupestris

Tusk // Brosme brosme

Where reference is made to "deep sea sharks", this shall refer to sharks in the following list of species: Portuguese dogfish (Centroscymnus coelolepis ), Leafscale gulper shark (Centrophorus squamosus), Birdbeak dogfish (Deania calceus), Kitefin shark (Dalatias licha), Greater lanternshark (Etmopterus princeps), Velvet belly (Etmopterus spinax), Black dogfish (Centroscyllium fabricii), Gulper shark (Centrophorus granulosus), Blackmouth dogfish (Galeus melastomus), Mouse catshark (Galeus murinus), Iceland catshark (Apristuris spp.)

Fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight).

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ANNEX III

Stocks subject to the various measures of Regulation (EC) No 847/96.

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