Proposal for a COUNCIL REGULATION amending for the sixth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

(presented by the Commission)

EXPLANATORY MEMORANDUM

For the effective performance of various types of fishing activity and for the conservation of fishery resources, clarification or correction is required of conditions established in Council Regulation (EC) No 850/98 for:

1) the calculation of the proportion by live weight of marine organisms on board after sorting or on landing with respect to catches taken by nets of mesh sizes less than 16mm;

2) the installation of square-meshed panels into towed nets of mesh size range 70 to 79mm and the installation of sorting grids into towed nets of mesh size range 32 to 54mm;

3) fishing with dredges;

4) landing of parts of crabs or damaged crabs;

5) ensuring that area-specific minimum sizes of crabs are duly observed;

6) informing competent control authorities of required information relating to fishing in an area established for the protection of mackerel;

7) the establishment of areas and time periods closed to defined methods of fishing for the protection of hake;

8) the mesh size of fixed gears to be used when fishing for a variety of species in the North Sea and adjacent geographical areas;

9) the use of combinations of nets with mesh sizes 16 to 31mm and greater than or equal to 100mm or of 80 to 99mm and greater than or equal to 100mm in Regions 1 and 2 except the Skagerrak and Kattegat;

10) minimum sizes of crawfish, plaice, surf clams and a species of horse mackerel;

11) the measurement of the size of crawfish.

2000/0215 (CNS)

Proposal for a

COUNCIL REGULATION

amending for the sixth time Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

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. .

Having regard to the opinion of the Economic and Social Committee [3],

[3] OJ C , , p. .

Whereas:

(1) For the effective performance of various types of fishing activity and for the conservation of fishery resources, clarification or correction is required of conditions established in Council Regulation (EC) No 850/98 [4] for:

[4] OJ L 125, 27 April 1998, p. 1 as last amended by Regulation.....

i) the calculation of the proportion by live weight of marine organisms on board after sorting or on landing with respect to catches taken by nets of mesh sizes less than 16mm;

ii) the installation of square-meshed panels into towed nets of mesh size range 70 to 79mm and the installation of sorting grids into towed nets of mesh size range 32 to 54mm;

iii) fishing with dredges;

iv) landing of parts of crabs or damaged crabs;

v) ensuring that area-specific minimum sizes of crabs are duly observed;

vi) informing competent control authorities of required information relating to fishing in an area established for the protection of mackerel;

vii) the establishment of areas and time periods closed to defined methods of fishing for the protection of hake;

viii) the mesh size of fixed gears to be used when fishing for a variety of species in the North Sea and adjacent geographical areas;

ix) the use of combinations of nets with mesh sizes 16 to 31mm and greater than or equal to 100mm or of 80 to 99mm and greater than or equal to 100mm in Regions 1 and 2 except the Skagerrak and Kattegat;

x) minimum sizes of crawfish, plaice, surf clams and a species of horse mackerel;

xi) the measurement of the size of crawfish.

(2) Regulation (EC) No 850/98 should therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 850/98 is hereby amended as follows:

1. Article 5(5) is deleted.

2. In Article 7,

a) paragraph 4 is replaced by the following:

"4. Notwithstanding paragraph 1(a), any demersal trawl, Danish seine or similar towed net of which the mesh size lies in the range 70 to 79 millimetres shall be equipped with a square-meshed panel having a mesh size equal to, or greater than, 80 millimetres."

b) the following text is added to the end of paragraph 5:

"or with a sorting grid whose use is established under the conditions laid down in Article 46."

3. Article 10 is replaced by the following:

"Article 10

Notwithstanding Article 4; it shall be prohibited,

-a) during any fishing voyage when dredges are carried on board to transship marine organisms other than bivalve molluscs and

-b) to retain on board or land more than 5% by weight of marine organisms other than bivalve molluscs."

4. Article 18(4) is replaced by the following:

"4. - Edible crabs may only be retained and landed whole.

However, a maximum of 10% by weight of the total catch of edible crabs or parts thereof retained on board or landed may consist of crabs which are not whole and/or of detached claws."

5. The following paragraph 4 is added to Article 19:

"4. It shall be prohibited to retain on board or land edible crabs caught during any voyage in which fishing has not been conducted entirely within

- Region 1 and 2 north of longitude 56° N or

- Region 2 south of longitude 56° N, except ICES Divisions IVb,c and ICES Divisions VIId,e,f or

- ICES Divisions IVb,c south of longitude 56° N or

- ICES Divisions VIId,e,f or

- Region 3"

6. In Article 22, paragraph 3, last subparagraph, the reference to the competent control authority for France and the United Kingdom shall be changed to:

- for France:

" CROSS Etel

Service Surpeche

Télécopie: 33 (0) 2 97 55 23 75

Télex: CRAPECH 951.892 "

- for the United Kingdom:

" Ministry of Agriculture Fisheries and Food:

Fax: +44 (0) 207 270 8125

Email: s.h.dutyroom-wpe@egd.maff.gov.uk

Telex: London 21274 "

7. In Article 28:

a) paragraph 1(a) is replaced by the following:

"(a) from 1 October to 31 January of the following year, within the geographical area bounded by a line sequentially joining the following coordinates:

- latitude 43° 46.5' N, longitude 7° 54.4' W

- latitude 44° 01.5' N, longitude 7° 54.4' W

- latitude 43° 25' N, longitude 9° 12' W

- latitude 43° 10' N, longitude 9° 12' W"

b) paragraph 1(b) is deleted

8. Annex VI is replaced by the text in Annex 1 to this Regulation.

9. In Annex X:

a) point 1 is replaced by:

"1. Mesh size combination: 16 to 31 mm + >= 100 mm

The catch retained on board shall consist of at least 20% of any mixture of shrimps and common prawns (Pandalus montagui, Crangon spp. and Palaemon spp.)."

b) point 4 is replaced by:

"4. Mesh size combination: 80 to 99 mm + >= 100 mm

The catch retained on board shall consist of at least 40% of any mixture of those marine organisms indicated in Annex I as the target species for mesh sizes between 80 and 99 mm."

10. In Annex XII:

- the minimum size of plaice (Pleuronectes platessa) in Regions 1 to 5 except the Skagerrak and Kattegat shall be 27cm;

- a footnote shall be associated with the reference to minimum size of 15cm for horse mackerel (Trachurus spp) in Regions 1 to 5, except Skagerrak and Kattegat, which shall read:

"No minimum size will apply to horse mackerel (Trachurus picturatus) caught in waters adjacent to the Azores islands and under the sovereignty or jurisdiction of Portugal";

- the entry "Surf clams (Spisula solidissima)" shall be replaced by "Surf clams (Spisula solida)", and

- the minimum size of crawfish (Palinurus spp.) in Regions 1 to 5 except the Skagerrak and Kattegat shall be 95mm.

11. In Annex XIII

- in point 3, the words "or crawfish" shall be deleted;

- a new point 8 shall be added and shall read:

"8. The size of a crawfish shall be measured as shown in Figure 7 as the length of the carapace from the tip of the rostrum to the midpoint of the distal edge of the carapace.";

- The figure in Annex 2 to this Regulation shall be inserted as Figure 7.

Article 2

This Regulation shall enter into force on the twentieth 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,

For the Council

The President

ANNEX 1

Annex

" ANNEX VI

FIXED GEARS: Regions 1 and 2

>TABLE POSITION>

(1) Catches of anglerfish (Lophius spp.) taken from ICES Sub-areas VI and VII and retained on board in excess of 30% of the total catch on board from those areas must be taken with a minimum mesh size of 250 mm or greater.

(2) In ICES divisions VIIe and VIId, with effect from 31 December 1999, the minimum size will be 90 mm.

(3) In ICES divisions VIIe and VIId, with effect from 31 December 1999, the minimum size will be 110 mm.

(4) Applicable only in ICES Divisions VIId and IIIa and in the North Sea "

ANNEX 2

>REFERENCE TO A GRAPHIC>