Proposal for a COUNCIL REGULATION (EC) amending for the sixteenth time Regulation (EEC) No 3094/86 laying down certain technical measures for the conservation of fishery resources
Date: 1994-04-08
Institutions: European Commission
Subjects: conservation of fish stocks, fishery management, fishery resources, fishing licence, fishing vessel, technical standard

OMMISSION OF  THE  EUROPEAN  COMMUNITIES 

C0M(94) 131 final 
Brussels, 08.04.1994 

94/0108  (CNS) 

P r o p o s al 

f or  a 

COUNCIL  REGULATION 

(EC) 

amending  for the  sixteenth  time  Regulation  (EEQ  No  3094/86 
laying  down  certain  technical  measures  for  the 
conservation  of  fishery  resources 

(presented  by  the Commission) 

I 1  * M # M É& 

VM 

i 

il» 

>, "iMf 

EXPLANATORY  MEMORANDUM 

The  purpose  of  the  proposal  is  to  amend  Regulation  (RFC)  No  3094/86  with  regard  to  the 
technical  measures  applicable  to  fishing  with  drift-nets  by  Community  vessels 

The  use  of  drift-nets  and 
in  Community  and 
international  bodies  and  have  led,  inter  alia,  to  three  United  Nations  General  Assembly 
resolutions  resulting  in  a  request  for  a  moratorium  from  31  December  1992 

its  consequences  have  caused  concern 

The  decision  taken  at  the  Council  meeting  on  fisheries  of  28  October  1991  established  the 
principle  of  a  maximum  authorized  length  of  2.5  km.  Two  exceptions  were  made  however: 
a temporary  derogation  was granted  for  vessels fishing  for  albacore  in  the North-East  Atlantic 
and  the  Baltic  Sea  was  excluded  from  application  of  the  Regulation. 

At the Council  meeting on  fisheries  of  20 and 21  December  1993, the Commission  was  asked 
to  "draw  up  a  report  and  if  necessary  a  proposal"  concerning  the  action  to  be  taken  on  the 
derogation  contained  in  Article  9a  of  Regulation  (EEC)  No  3094/861  which  expired  on 
3 1 December  1993, the  date  laid  down  The  action  was  to  be based  on  the  conditions  defined 
by the Council's decision  of October  1991} requiring  scientific  proof  that any  derogation  posed 
no  ecological  threat 

The  report  drawn  up  by  the  Commission  has  revealed  that  the  situation  calls  for  more  than 
just  a  decision  on  the  derogation  granted  in  1992  and  1993  for  certain  vessels  fishing  for 
albacore  On  the  one  hand,  the  application  of  all  the  rules  in  force  is  essential  and,  on  the 
other,  the  definition  of  a maximum  length  of  2 5  km  is not  enough  to  rule  out  the  risk  of  an 
increase  in  the  fishing  effort  of  drift-net  fishing  which  would  be  incompatible  with  the 
principles  of  responsible  fishing  and  the  Union's  international  commitments 

A proposal  is therefore  necessary  to provide  for  the  eventual  cessation  of  all  fishing  activities 
using  drift-nets  and  the  immediate  application  of  special  control  measures  For  economic  and 
social  reasons,  however,  transitional  phases  are  necessary  It  is  proposed  that  vessels  having 
operated  in  1992  and  1993  with  nets of  more  than  2 5  km  long  be permitted  to  continue  their 
activities, both  in the North-Fast  Atlantic  and  in  the Baltic  Sea, throughout  1994  For  all  nets, 
it  is  proposed  that  activities  be  gradually  reduced  with  a  total  cessation  of  activities  by 
31  December  1997 at the  latest  The  control  measures  proposed  will  ensure  that the  transition 
is  made  in  accordance  with  ecological  requirements 

1  O.I  No  I.  2XS;  1  1.10.1986,  p.  I 

a l l' 

|in  I ' I .I  liil  mliif ill  m il 

COUNCIL  REGULATION  (EQ  No 

/94 

proposal  for  a 

amending  for  the  sixteenth  time  Regulation  (EEQ  No  3094/86 
laying  down  certain  technical  measures  for  the 
conservation  of  fishery  resources 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to the Treaty  establishing  the European  Community,  and  in particular  Article  43 

thereof, 

Having  regard  to  the  proposal  from  the  Commission1, 

Having  regard  to  the  opinion  of  the  European  Parliament2, 

Having  regard  to  the  opinion  of  the  Economic  and  Social  Committee3, 

Whereas  Articles  2 and  4 of  Regulation  (EEC)  No  3760/92  of  20  December  1992  establishing 

a  Community  system  for  fisheries  and  aquaculture4  state  that  the  Council  is to  establish,  in  the 

light  of  available  scientific  opinion,  conservation  measures  necessary  to  ensure  rational  and 

responsible exploitation, on  a sustainable basis, of living marine  resources, taking account,  inter 

alia,  of  the  impact  of  fishing  on  the  marine  ecosystem;  whereas  for  that  purpose  the  Council 

may  adopt  technical  measures  regarding  fishing  gear  and  its  method  of  use; 

Whereas  it is necessary  to establish  the  principles  and  certain  rules  at  Community  level  so  that 

Member  States  may  ensure  the  management  of  fishing  activities  by  vessels  flying  their  flag  or 

under  their  jurisdiction; 

1 
2 
3 
4 

OJ No  ... 

Opinion  given  on 

Opinion  given  on 

O J N oL  389, 31.12.1992, p. 1. 

1  &^S 

Whereas  Council  Regulation  (EEC)  No  3094/865,  as  last  amended  by  Regulation 

(EEC)  No  3034/926,  lays  down  the  general  technical  rules  for  the  taking  and 

landing  of  biological  resources  occurring  in  the  waters  which  it  delimits; 

Whereas  fishing  activities  using  drift-nets  have  undergone  a  rapid  increase  in  terms  of  fishing 

effort  since  they  were  introduced  in the  Community;  whereas  uncontrolled  expansion  of  these 

activities  can  present  a  grave  risk  of  an  excessive  increase  in  the  fishing  effort  as  regards  the 

target  species; 

Whereas  drift-net  fishing  for  highly  migratory  species  and  for  salmonids  is  non-selective, 

giving  rise to  by-catches  and  a risk  for  the  populations  of  species other  than  the  target  species; 

Whereas  Article  130r(2)  of  the  Treaty  establishes  the  principle  that  all  Community  measures 

must  take  account  of  the  requirements  of  environmental  protection  in  a  precautionary  spirit; 

Whereas,  in  accordance  with  the  Community's  international  obligations  to  contribute  towards 

the  conservation  and  management  of  the  biological  resources  of  the  oceans,  it  is  necessary  to 

regulate  strictly  any  expansion  of  drift-net  fishing  by  Community  vessels; 

Whereas,  in  view  of  the  risk  of  an  uncontrolled  expansion  of  the  fishing  effort  and  the  lack 

of  selectivity  of  drift-nets,  their  use  should  in  due  course  be  prohibited;  whereas  the  transition 

should  be  made  rapidly  to  avoid  any  ecological  risks; 

F. _i 

i 

r-  _ 

- ii 

_ - _ ! i i- 

J _ _ : IV 

Whereas, given  similar  economic  and  ecological  constraints, the  use of  drift-nets  should  in  due 

course  be  prohibited  in  the  Baltic  Sea  and  a  transitional  phase  of  one  year  set  for  nets 

exceeding  2.5  km; 

Whereas  fishing  using  drift-nets  should  only  take  place  under  conditions  where  such  use  can 

be  and  actually  is  controlled; 

Whereas  Commission  Regulation  (EEC)  No  2807/83  of  22  September  1983  laying  down 

detailed  rules  for  recording  information  on  Member  States'  catches  offish7  does  not  cover  all 

fisheries  concerned  by  the  use  of  drift-nets;  and  whereas  the  general  provisions  of  Council 

Regulation  (EEC)  No  2847/93  of  12  October  1993  establishing  a control  system  applicable  to 

the  common  fisheries  policy8  concerning  logbooks  and  landing  declarations  will  not  apply  to 

the  Mediterranean  before  1 January  1999; 

Whereas,  therefore,  controlling  fishing  using  drift-nets  poses  special  difficulties;  whereas 

specific  provisions  for  that  activity  should  be  defined; 

Whereas  the  use  of  drift-nets  must  not  pose  a threat  to  navigation;  whereas  the  submersion  of 

the  headlines  of  marine  nets  is  a  necessary  measure  in  that  regard; 

Whereas  the  consequences  of  fishing  using  drift-nets  must  be  subject  to  constant  assessment; 

whereas,  therefore,  the  necessary  data  must  be  collected; 

Whereas  the  logbook  data  must  be verified  against  the volume  of  landings, on  which  effective 

checks  must  be  possible; 

Whereas,  during  the  period  in  which  their  activity  remains  authorized,  fishing  vessels  using 

nets  longer  than  2.5  kilometres  must  be  subject  to  supplementary  administrative  measures  in 

line  with  their  potential  biological  impact; 

7 
8 

O J N oL  276,  10.10.1983, p.  1. 

O J N oL  261,20.10.1993, p.  1. 

Whereas  the  Member  States  must  supply  the  Commission  with  certain  information  necessary 

for  the  supervision  at  Community  level  of  the  checks  they  carry  out, 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Regulation  (EEC)  No  3094/86  is  amended  as  follows: 

1.  Article  9a  is  replaced  by  the  following: 

"Article  9a 

1.  No  vessel  may  keep  on  board,  or  use  for  fishing,  one  or  more  drift-nets  whose 

individual  or  total  length  is  more  than  2.5  kilometres. 

2.  Notwithstanding  paragraph  1, fishing  vessels  which  have  already  benefited  from  an 

exemption  for  the  use  of  drift-nets  of  a  total  length  exceeding  2.5  kilometres,  have 

been  entered  in  a  Community  register  since  1992  and  have  carried  out  fishing 

activities  using  drift-nets  in  1992  and  1993  may  continue  to  keep  on  board  and  use 

for  fishing  for  the  species  listed  in  Annex  Via  drift-nets  whose  total  length  does  not 

exceed  5  kilometres. 

3.  Notwithstanding  paragraph  1, vessels  which  have  used  drift-nets  to  fish  for  salmon 

in  the  Baltic  Sea  in  1992  and  1993  shall  be  authorized  to  keep  on  board  and  carry 

out  fishing  activities  using  drift-nets  of  a  total  length  of  up  to  21  km.  Such  vessels 

must  figure  on  a  list  to  be  drawn  up  by  the  Commission  on  the  basis  of  reasoned 

requests  to  be  submitted  by  the  Member  States  before  15  May  1994. 

4. 

The  derogations  provided 

for 

in  paragraphs  2 

and 

3 

shall 

cease  on 

31  December  1994. 

Article  9M 

1.  After  31 December  1997, no vessel  may keep on board,  or use  for  fishing,  one or 

more  drift-nets  intended  for  the capture  of  species  listed  in Annexes  Via  and  Vlb. 

2.  Until  31 December  1997, a vessel may only keep on board,  or use for  fishing,  one 

or more drift-nets  referred  to in paragraph  1 after  receiving authorization  from  the 

authorities of the flag Member State. Authorization shall only be granted for  vessels 

having  fished  with  such  gear  in either  1992 or  1993. 

3.  Member  States  shall  adopt  the measures  necessary  to ensure  the gradual  reduction 

of  catches  and  fishing  effort  using  the drift-nets  referred  to in paragraph  2  by  one 

quarter  in  1995, a half  in  1996 and  three-quarters  in  1997  in comparison  with  the 

reference  year  1994. 

4.  The fishing  effort  shall be calculated on the basis of one kilometre of drift-net  used 

for  one  day. 

The fishing  effort  and the reference  catches for each target species shall be the sum 

of  the  fishing  efforts  and  catches  of  the  vessels  having  used  the  drift-nets  not 

exceeding  2,5  km  in  1994 plus: 

for  the  fishing  activities  referred  to  in Article  9a(2),  half  of  the  fishing  efforts 

and  catches  of  the  vessels  authorized  to  operate  with  nets  up  to  5 km  long  in 

1994. 

for  the  fisheries  for  salmon  referred  to  in  Article  9a(3),  11.5%  of  the  fishing 

efforts  and  catches  of  the  vessels  authorized  to  operate  with  drift-nets  not 

exceeding  21 km  in  1994. 

5.  Member  States  shall  communicate  to  the  Commission  for  each  target  species: 

before  1 January  of  each  year,  the  list  of  vessels  authorized  to  carry  out  fishing 

activities using the drift-nets  referred  to in paragraph  2; for  1994, the  information 

shall  be  sent  before  30  May  1994; 

before  15 January  each year,  the total  fishing  effort  and  the total  catch  by  species 

for  the previous year  for  all  the vessels  for  which  authorization  has  been  granted 

pursuant  to  paragraph  2;  for  1994,  the  fishing  efforts  and  the  catches  of  the 

vessels  authorized  to  use  drift-nets  longer  than  2.5  km  shall  be  communicated 

separately. 

Article  9b 

1.  All  fishing  vessels  using  one  or  more  drift-nets  intended  for  the  capture  of  species 

listed  in  Annexes  Via  and  VIb  must  operate  under  the  following  conditions: 

throughout  the  fishing  activity  the  net  must  remain  attached  to  the  vessel; 

floating  signal  buoys  must  be  moored  to  each  end  of  the  netting  so  that  its 

position  can  be  determined  at  any  time.  The  buoys  must  be  permanently  marked 

with  the  registration  letter(s)  and  number  of  the  vessel  to  which  they  belong. 

2.  All vessels using drift-nets  intended  for  catching  the species listed  in Annex  Via  must 

operate  in  such  a  way  that  the  headline  is  submerged  to  a  minimum  depth  of  two 

metres. 

3. 

The  master  of a fishing  vessel  using  one  or  more  drift-nets  referred  to  in paragraph  1 

shall  keep  a logbook  in  which  he  must  record  the following  information  on  a  day-to 

day  basis: 

the  total  length  of  the  nets  on  board; 

the  total  length  of  the  nets  used  in  each  fishing  operation; 

the  quantity  of  each  species  caught  during  each  fishing  operation,  including  by-

catches  and  discards  at  sea,  in  particular  cetaceans,  reptiles  and  sea-birds; 

the  quantity  of  each  species  held  on  board; 

the  date  and  position  of  such  catches. 

4.  All  masters  referred  to  in  paragraph  3  must  forward  to  the  competent  authorities  of 

the  Member  State  of  landing  a  declaration  giving  at  least  the  quantities  of  each 

species  landed  and  the  catch  dates  and  zones. 

5.  Masters  of  vessels  using  one  or  more  drift-nets  referred  to  in  paragraph  2  who  wish 

to  use  a landing  location  in  a Member  State  must  notify  the  competent  authorities  in 

that  Member  State  at  least  two  hours  prior  to  arrival  in  port  of  the  planned  landing 

location  and  time  of  arrival. 

6.  All  fishing  vessels  using  one  or  more  drift-nets  referred  to  in  paragraph  1 must  keep 

on  board  the  prior  authorization  to  fish  issued  by the  competent  authorities of the  flag 

Member  State. The  authorization  shall  be  withdrawn  or  suspended  by  the  competent 

authorities  of  the  flag  Member  State  in  the  case  of  failure  to  comply  with  the 

obligations  laid  down  in  this  Regulation  for  a period  depending  on  the  gravity  of  the 

infringement. 

7.  Masters  of  vessels  using one or more  drift-nets  referred  to  in paragraph  1 must  notify 

the  competent  authorities  in  the  flag  Member  State  each  time  they  enter  or  leave  a 

statistical  sector  corresponding  to  ICES  Sub-areas  where  they  are  defined  or  to  FAO 

divisions  where  they  are  not,  and  must  also  notify  the  start  and  finish  of  fishing 

operations. 

Article  9c 

1.  Any  fishing  activity  using  drift-nets  of  more than  2.5  kilometres  long shall  be  subject 

both  to  Article  9b  and  to  the prior  approval  by  the  Commission  of  a detailed  specific 

programme  of  inspection  and  control  drawn  up  by  the  competent  authorities  of  the 

Member  States  concerned.  The  programme  must  be  presented  to  the  Commission, 

which  shall  then  have  ten  working  days  in  which  to  approve  it. The  programme  must 

contain  at  least  inspections  on  land  and  at  sea  carried  out  by  the  competent 

authorities  of  the  Member  States  concerned  and  lay  down  the  following  conditions: 

(a)  Inspections  on  land  shall  cover  checking  the  total  length  of  nets  landed  and  put 

on  board,  the  check  being  carried  out  each  time  the  vessels  concerned  put  to  sea 

and  return  to  port. 

(b)  Inspections  at  sea  shall  cover  at  least  ten  days  per  month  during  the  fishing 

season.  An  inspection  visit  at  sea  must  cover  at  least  the  following  for  each 

vessel  inspected: 

a  check  on  the  logbook  for  consistency  of  position  and  catch  data; 

estimates  per  species  of  the  quantities  held  on  board  and  comparison  with 

catches  recorded  in  the  logbook; 

measurement  of  the  length  of  the  nets  kept  on  board  and/or  put  into  the 

water; 

a  check  that  the  conditions  laid  down  in  Article  9b(l)  and  (2)  are  being 

complied  with. 

2.  AH vessels  referred  to  in  Article  9a(2)  and  (3)  shall  keep  on  board  a radio  beacon  so 

that  the  competent  authorities  of  the  flag  Member  State  may  locate  them  at  all  times 

in  whatever  waters  they  are  operating  or  in  whatever  port  they  are  moored. 

3. 

The  information  obtained  from  logbooks  and  landing  certificates,  the  position  data 

collected  under  the  terms  of  paragraph  2  and  the  information  acquired  from  the 

inspections  referred  to  in  paragraph  1 shall  be  subject  to  a  systematic  cross-check 

supported  by  aerial  surveys  if  necessary. 

4.  Observers  appointed  by  the  flag  Member  State  shall  be  put  on  board  fishing  vessels 

engaged  in  the  fishing  activities  referred  to  in  Article  9a(2)  and  (3)  for  at  least  ten 

consecutive  days  per  vessel  during  each  fishing  voyage.  This  arrangement  must 

guarantee  the  presence  of  observers  for  at  least  half  the  total  number  of  fishing  days 

each  month.  The  observers  shall  note  and  record  the  fishing  activities  of  the  vessels 

on  which  they  are  present  in  a  report  which  they  shall  transmit  at  the  end  of  the 

8 

observation  period  to  the competent  authorities  of  the  flag  Member  State, which  will 

forward  it  to  the  Commission. 

5. 

The  total  weight  of  albacore  landed  by  the  drift-net  fishermen  referred  to  in  Article 

9a(2)  may  not  exceed  2800  tonnes  in  1994. 

6.  Once  the  quantities  referred  to  in  paragraph  5  are  attained,  the  Member  State  shall 

ensure  that  the  vessels  concerned  do  not  use  drift-nets  for  the  rest  of  the  year. 

7. 

The procedures  referred  to in Articles  14, 15 and 21 of Regulation  (EEC) No  2847/93 

shall  apply  mutatis  mutandis  to  the  fishing  activities  referred  to  in  Article  9a(2)  of 

this  Regulation. 

Article  9d 

1.  Notwithstanding  Article  1(1), Articles 9a to  9c shall  apply  in  all  waters  falling  within 

the  sovereignty  or jurisdiction  of  the  Member  States  and,  outside  those  waters,  shall 

apply  to  all  Community  fishing  vessels." 

2.  The  text  annexed  hereto  is  added  as  Annexes  Via  and  VIb. 

This  Regulation  shall  enter  into  force  on  the  seventh  day  following  its  publication  in  the 

Official  Journal  of  the  European  Communities. 

Article  2 

It  shall  apply  from  1 June  1994. 

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

Done  at  Brussels, 1994 

For  the  Council 

The  President 

ANNEX 

"ANNEX  Via 

-Albacore:  Thunnus  alalunga 

-Bluefin  tuna:  Thunnus 

thynnus 

-Bigeye  tuna:  Thunnus  obesus 

-Skipjack:  Katsuwonus  pelamis 

-Yellowfin  tuna:  Thunnus  albacarcs 

-Blackfin  tuna:  Thunnus  atlanticus 

-Little  tuna:  Eu thynnus  spp. 

-Southern  bluefin  tuna:  Thunnus  maccoyii 

-Frigate  tuna: A uxis  spp. 

-Sea  breams:  Bramidae 

-Marlins:  Tetrapturus  spp.;  Makaira  spp. 

-Sail fish es:  Istiophorus  spp. 

-Swordfishes:  Xiphias  gladius 

-Sauries:  Scomberesox  spp.;  Cololabis  spp. 

-Dolphinfishes:  Coryphcena  spp. 

-Sharks:  Hexanchus  griseus;  Cetorhinus  maxim  us;  Alopiidae;  Carcharhinidae;  Sphymidae; 

Isuridae;  Lamnidae 

-Cephalopods:  (all  species) 

•Salmons  and  trouts:  Salmo  spp." 

ANNEX  VIb 

W 

ISSN 0254-1475 

COM(94) 131  final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-94-137-EN-C 

ISBN 92-77-67531-4 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg 

n