Proposal for a COUNCIL REGULATION establishing measures to be applicable in 2001 for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa)

(presented by the Commission)

EXPLANATORY MEMORANDUM

Scientific advice provided in November 1999 by the International Council for the Exploration of the Sea indicated that the quantity of mature cod currently present in the Irish Sea is at an historically low level and that this quantity is likely to decrease further in 2001. This gives rise to concern that this stock may be in a condition such that it cannot readily replenish itself by reproduction.

Steps have already been taken to protect mature cod during the spawning season of 2000 to allow them to produce as many eggs as possible in the hope that this will result in abundant young cod this year. Similar conditions need to be established during the spawning season of 2001.

2000/0292 (CNS)

Proposal for a COUNCIL REGULATION establishing measures to be applicable in 2001 for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C , , p. .

Having regard to the opinion of the European Parliament [2],

[2] OJ C , , p. .

Whereas:

(1) In November 1999, the International Council for the Exploration of the Sea (ICES) indicated that the stock of cod in the Irish Sea (ICES Division VIIa) is at serious risk of collapse;

(2) The advice from ICES also indicated that quantities of mature cod in the Irish Sea will remain at a very low level during 2000 and 2001;

(3) Commission Regulation (EC) No 304/2000 of 9 February 2000 establishing measures for the recovery of the stock of cod in the Irish Sea (ICES Division VIIa) [3] as last modified by Regulation (EC) No 660/2000 [4] put in place measures to protect adult cod during the spawning season of 2000;

[3] OJ L 35, 10.2.2000, p. 10.

[4] OJ L 80, 31.3.2000, p. 14.

(4) During the period of application of these measures, further scientific work has been completed and practical experience has been gained which imply that the precise conditions applicable in 2000 require to be modified for 2001;

(5) Therefore, conditions similar to those established in 2000 need to be established for 2001;

(6) In particular, two types of fishing which had previously been prohibited within an area of the Irish Sea are now permitted;

(7) Furthermore, these types of fishing should be subject to observation and to conditions whereby such activities will cease if the by-catch of cod becomes excessive.

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down measures to protect mature cod during their spawning season of 2001 in the Irish Sea (ICES Division VIIa as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of national catch statistics by Member States fishing in the Northeast Atlantic [5]).

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

Article 2

1. In the period 14 February to 30 April 2001 it shall be prohibited to use any demersal trawl, seine or similar towed net, any gill net, trammel net, tangle net or similar static net or any fishing gear incorporating hooks within that part of ICES Division VIIa enclosed by:

- the east coast of Ireland and the east coast of Northern Ireland and

- straight lines sequentially joining the following geographical coordinates;

a point on the east coast of the Ards peninsula in Northern Ireland at 54°30'N

54°30'N, 04°50'W

53°15'N, 04°50'W a point on the east coast of Ireland at 53°15'N

2. By way of derogation from paragraph 1: within the area and time period referred to therein,

(a) the use of demersal otter trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

(i) are of mesh size either 70 mm to 79 mm or 80 mm to 89 mm and

(ii) are of only one of the permitted mesh size ranges and

(iii) incorporate no individual mesh, irrespective of its position within the net, of mesh size greater than 300 mm and

(iv) are deployed only within an area enclosed by sequentially joining with straight lines the following geographical coordinates:

53°30'N, 05°30'W

53° 30'N, 05°20'W

54°20'N, 04°50'W

54°30'N, 05°10'W

54°30'N, 05°20'W

54°00'N, 05°50'W

54°00'N, 06°10'W

53°45'N, O6°10'W

53°45'N, 05°30'W

53°30'N, 05°30'W;

Furthermore, catches retained on board and taken by demersal otter trawls under these conditions shall not be landed unless their percentage composition complies with conditions laid down in Annex I to Regulation (EC) No 850/98 of 30 March 1998 for the protection of juveniles of marine organisms [6] with respect to towed gears of mesh size range 70mm to 79mm.

[6] OJ L 125, 27.4.1998, p. 1.

(b) The use of separator trawls shall be permitted provided that no other type of fishing gear is retained on board and that such nets:

(i) comply with the conditions laid down in subparagraphs (i), (a), (b), (c) and

(ii) are constructed in conformity with the technical details provided in the Annex and

(iii) are deployed only within an area enclosed by straight lines sequentially joining the following geographical coordinates:

53°45'N, O6°00'W

53°45'N, 05°30'W

53°30'N, 05°30'W

53°30'N, 06°00'W

53°45'N, O6°00'W

Furthermore, whenever the total weight of cod retained on board a fishing vessel deploying under these conditions a separator trawl is greater than 18% of the weight of the totality of marine organisms retained on board, that vessel shall immediately cease fishing in this area and shall not return to fish in this area until a period of at least 24 hours has elapsed.

(c) The use of semi-pelagic trawls shall be permitted provided that no other type of fishing gear is retained on board and such nets:

(i) are of mesh size equal to or greater than 100mm

(ii) incorporate at least 500 individual meshes of mesh size at least 300mm

(iii) are deployed only in the period 14 February to 22 March

(iv) are deployed only within the area enclosed by straight lines sequentially joining the following geographical coordinates:

54°30'N, 05°30'W

54°30'N, 04°50'W

53°15'N, 04°50'W

53°15'N, 05°30'W

54°30'N, 05°30'W

Furthermore, whenever the total weight of cod retained on board a fishing vessel deploying under these conditions a semi-pelagic trawl is greater than 15% of the weight of the totality of marine organisms retained on board, that vessel shall immediately cease fishing in this area and shall not return to fish in this area until a period of at least 24 hours has elapsed.

Article 3

The authorities of Member States shall ensure that, on at least 50 fishing voyages, observers shall be present on board fishing vessels deploying either semi-pelagic trawls or separator trawls under the conditions laid down in Article 2.

For fishing activities carried out under the conditions laid down in Article 2, the observers shall record:

(a) The total quantity by weight of all marine organisms caught by each operation of the fishing gear

(b) The total quantity by weight of cod caught by each operation of the fishing gear

(c) The length to the nearest centimetre below the absolute length of each cod caught

(d) The total quantity of all marine organisms landed

(e) The total quantity of cod landed

(f) The length to the nearest centimetre below the absolute length of each cod landed

Article 4

This Regulation shall enter into force on the 14 February 2001.

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

Done at Brussels,

For the Council

The President

ANNEX

Technical details of separator trawl

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