Proposal for a COUNCIL REGULATION (EEC) amending for the fourteenth time Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources
Date: 1992-07-15
Institutions: European Commission
Subjects: conservation of fish stocks, fishing net, fishing regulations, marine mammal, protection of animal life

C08VMISSI0N  OF  THE  EUROPEAN  CCMMUNITIES 

C0M(92)  311 final 

Brussels,.15  July  1992 

Proposal  for a 

CQUNCIL REGULATIQN  CEEC) 

amending  for the  fourteenth time 

Regulation  (EEC) No 3094/86  laying down  certain technical measures 

for the conservation of  fishery  resources 

(presented by the Commission) 

^tks 

EXPLANATORY  MEMORANDUM 

Fishing  for certain kinds of tropical  tuna  in the eastern  Pacific  using 
purse  seines  has  the  side-effect  of  catching  and  killing  dolphins 
because  these  marine  species  often  consort  together.  Although  this 
particular  problem  is  especially  acute  in  the  area  covered  by  the 
Inter-American  Tropical  Tuna  Commission(IATTC),  it  is  reasonable  to 
take  steps to ensure that  the use of  purse  seines  for  catching  a given 
target  species  be  carried  out  responsibly  and  without  damaging  the 
environment. 

Like  any  other  well-adapted  method  of  taking  various  pelagic  species, 
it  is  possible  to  use  a  purse  seine  selectively  to  catch  only  the 
desired target  species without  loss of  efficiency. 

In the  light of these  factors, and  in view  of  the  concern  expressed  by 
the  public  as  recorded  by  Parliament  in  its  report  PE  151.169/fin 
adopted  on  22 November  1991, as well  as  in  response  to  representations 
from  fishermen  using  this  gear,  the  Commission  staff  has  prepared  the 
attached  fourteenth  amendment  to  Regulation  (EEC)  No  3094/86  laying 
down  certain  technical  measures  for  the  conservation  of  fishery 
resources. 

K . T.  /l«MOD92/EXPOSE.7er/mr 

Proposal  for a 

COUNCIL REGULATION  (EEC) No 

/.. 

of 

amending  for the fourteenth  time 

Regulation  (EEC) No 3094/86  laying down certain  technical  measures 

for the conservation  of  fishery  resources 

TMB COU1ICIL OF THE EUROPEAN  COHMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 

lity, 

Having  regard  to Council  Regulation  (EEC) No  170/83 of  25 January  1983 

estafelishing  a Community  system  for  the conservation  and  tnanagement of 

fishery  resources^),  as  last amended  by  the Act  of Accession  of  Spain 

and Portugal, and  in particular Article  11 thereof, 

Having regard to the proposal  from the Commission, 

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 

to marine  mammals  may  result  in the  pointless  catching  and  killing  of 

such mammals; 

Whereas  the  mortality  of  marine  mammals  as  a  result  of  the  use  of 

purse-seines  has  aroused  concern  among  the  public  and  within  the 

fishing  industry; 

Whereas  the  importance  of  this  issue  and  the  interest  it  has  received 

at  international  level  are  attested  to  by  the  report  approved  by  the 

European Parliament on  fishing with purse seines; 

Whereas,  when  properly  and  responsibly  conducted,  the  use  of  purse 

seines  is an effective method  of  fishing  solely  for  the  desired  target 

species;  whereas  under  such  circumstances  it  no  longer  represents  a 

threat to the environment; 

(1)  OJ No L 24, 27.1.1983, p. 1 

M  . T.  / 1 4 M O D9  2 / R E G L T / e n / i ri 

- 2-

Whereas,  therefore, Regulation  (EEC) No 3 0 9 4 / 8 6 ^ ),  as  iast  amended  by 

Council Regulation  (EEC) No  1465/92^^),  should  be amended  accordingly, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  following  is added  to Article  9 of Regulation  (EEC) No 3094/86: 

"14.  It shall be prohibited  to undertake  fishing  or encirclements with 

purse  seines  on  schools  of  tuna  and  other  species  of  fish  where 

this may result  in the catching or killing of marine mammals. 

Notwithstanding  Article  1(1), this  Paragraph  shall  apply  to  all 

vessels  flying  the  flag  of,  or  registered  in, a  Member  State  in 

all  waters  under  the  sovereignty  or  jurisdiction  of  the  Member 

States as well as outside these waters." 

Article 2 

This  Regulation  shall  enter  into  force  on  the  third  day  following  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  ...  , 

For the Council 

The  President 

(2)  OJ No L 288, 11.10.1986, p.l 

(3)  OJ No L155, 06.06.1992, p.l 

M.T. /HMOD92/REGLT/en/mr 

ISSN 0254-1475 

COM(92)311final 

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ISBN 92-77-46881-5 

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