Proposal for a COUNCIL REGULATION (EC) fixing special management measures for North Sea herring and modifying Council Regulation (EC) No 3074/95
Date: 1996-07-18
Institutions: European Commission
Subjects: North Sea, authorised catch, fishery management, fishery resources, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  18.07.1996 
COM(96) 349 final 

Proposal  for a 

COUNCIL REGULATION (EC) 

Fixing  special  management  measures  for  North  Sea  herring  and  modifying  Council 
Regulation  (EC)  No 3074/95 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

According  to  the  most  recent  scientific  information,  and  in  particular,  the  report  of  the 
Advisory Committee for Fisheries Management of the International Council of the Exploration 
of the  Sea, the  stock of herring in the North  Sea is outside  safe biological limits, its present 
fishing  mortality  is  at  more  than  double  the  level  considered  to  be  sustainable,  and  recent 
recruitment  of fish to the stock is not sufficient  to replenish the stock at present  exploitation 
levels. 

According to scientific  advice from the above-mentioned  sources, it is necessary to take rapid 
action to rebuild the  spawning  stock and to reduce fishing  mortality; these measures  should 
consist of a reduction of the catch of herring by fleets fishing for human consumption in 1996 
to half the present  figures  of Total Allowable  Catch (TAC) and of a decrease by half of the 
fishing  mortality of herring caught as by-catch by other fleets in  1996. If these objectives are 
not  achieved,  no  fishing  of  herring  in  1997  should  take  place;  otherwise  the  stock  would 
collapse. 

In view of this situation, the Union has consulted Norway, in the framework  of our  fisheries 
agreements,  in order  to decide  on the most  appropriate  management  measures  for  this joint 
stock.  The  measures  agreed  consist  of  a  reduction  of  the  current  TAC,  the  setting  of  a 
limitation in industrial by-catches, and other accompanying measures contributing to achieve 
the aim of reducing  fishing  mortality  of herring to half its present level. 

Given that some Member States had already fished a substantial part of their quota as set out 
by  the  1996 TAC regulation1,  and that  catches  could  increase  swiftly  due to  the  schooling 
behaviour  of herring, there  was a risk  that the objectives  pursued  cannot be reached  unless 
very rapid  action was taken. It was therefore justified  to make use of the procedure  foreseen 
in  Article  15  of  Council  Regulation  No  3760/922,  by  which  the  Commission  can  take 
autonomous  measures which are binding  for  all Member  States for  a period not longer  than 
six months. The Commission  has adopted the pertinent measures by  1 July  1996. 

However, now that the urgent measures had already been taken, it is advisable to propose to 
the Council that the situation be tackled within the normal context of fisheries  management, 
especially in relation to control. The present proposal aims at that objective, in addition to the 
measures  already  taken  by the Commission,  it contains three further  provisions: 

i) 

ii) 

iii) 

A reduction  in the TAC for North  Sea sprat, in order to give additional protection to 
herring, which  is usually taken  as by-catch in large quantities; 
A  "one-net" rule for vessels using trawls of less than 32 mm mesh, in order to better 
identify  the type  of fishery  that originated the landings of herring, and 
A prohibition to land unsorted  catches containing  any herring  after  ehaustion  of by-
catch limits. 

1  Council  Regulation  (EC) No  3074/95, O. J. No L 330, 30.12.1995, p.  1. 

2  O. J. No L 389, 31.12.1992, p.l 

Proposal  for a 

COUNCIL REGULATION (EC) 

Fixing special  management  measures  for North  Sea  herring and modifying  Council 
Regulation  (EC) No 3074/95 

THE COUNCIL  OF THE  EUROPEAN  UNION, 

Having  regard  to the Treaty  establishing the European  Community, 

Having regard  to Council  Regulation (EC) N° 3760/92 establishing a Community  system  for 
fisheries  and  aquaculture1  as  amended  by  the  Act  of  Accession  of  Austria,  Finland  and 
Sweden,  and  in particular  Article  8(4) thereof, 

Whereas the  most  recent  scientific  information,  and  in particular  the report  of the  Advisory 
Committee  for  Fisheries  Management  of the International  Council  for the Exploration  of the 
Sea, indicates that the stock of herring in the North  Sea is outside safe  biological  limits, that 
the  present  fishing  mortality  is more than double the  level  considered  to be sustainable and 
that  recent  recruitment  of  young fish to the  stock  is not  sufficient  to  replenish  the  stock  at 
present  exploitation  levels; 

Whereas, according to scientific  advice from  the above-mentioned  sources, it is necessary  to 
take rapid action to rebuild the stock and to reduce fishing mortality; whereas these measures 
should  consist  of  a  reduction  of  the  catch  of  herring  by  fleets  landing  herring  for  human 
consumption  in  1996  to  half  the  present  figure  of  Total  Allowable  Catch  (TAC)  and  of  a 
decrease  by  50%  of  the  fishing  mortality  of  herring  caught  as  by-catch  by  other  llccts  in 
1996; 

Whereas,  in  accordance  with  the  procedure  provided  in  Articles  2  and  7  of  the  Fisheries 
Agreement  Between  the European  Economic Community  and  the Kingdom  of Norway2, the 
Community  and Norway  have held  consultations concerning  the measures  which  fall  within 
their  remit  to  be  taken  for  North  Sea  herring;  whereas  these  consultations  have  been 
successfully  concluded  and  measures  have been  agreed; 

Whereas  the  Commission  has  already  implemented  in  Regulation  (EC)  N°  1265/963  such 
measures under powers delegated to it in accordance with Article  15 of Regulation (EEC) No 
3760/92; 

1 

2 

' 

O. t. No  L 389, 31.12.1992, p. 1 

OJ  L226,  29.8.1930,  p. 48 

O. J. No I  163, 2.07.1996, p. 24 

Whereas  additional,  complementary  measures  are  also  required  to  support  the  measures 
already  implemented;  whereas  these additional  measures  should  include  reduction  in the TAC 
for  sprats  in  the  North  Sea,  specification  of  conditions  to  be  implemented  when  limits  on  by-
catch  are  reached  and  the  implementation  of  a  "one-net  rule"  when  fishing  with  nets  of 
minimum  mesh  size  less  than  32mm; 

Whereas  it  is  appropriate  to  merge  these  measures  and  those  stipulated  in  Regulation  (EC) 
No  1265/96  in  a  single  act  and  to  repeal  the  latter; 

Whereas  Regulation  (EC)  No  3074/954  fixes,  for  certain  stocks  and  groups  of  stocks,  the 
TACs,  their  allocation  to  Member  States  and  certain  conditions  under  which  they  may  be 
fished;  whereas  certain  of  its  provisions  should  be  modified  accordingly, 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

Member  States where  landings occur of herring unsorted  from  the remainder  of the catch  shall 
ensure  that  adequate  sampling  systems  are  in  place  in  order  to  monitor  effectively  the 
landings  of  by-catches  of  herring. 

It shall  be prohibited  to  land  in harbours  where such a sampling  system  is not  in place  catches 
of  fish  containing  unsorted  herring. 

Article  2 

Member  States  shall  adopt  special  control  and  management  measures  and  any  other  actions 
concerning  the  capture,  sorting  and  landing  of  herring  taken  from  the  North  Sea  or  from  the 
Skagerrak  and  Kattegat  with  a  view  to  ensuring  the  observance  of  catch  limitations.  These 
measures  shall  include,  in  particular: 

(i) 

special  control  and  inspection  programmes; 

(ii) 

effort  plans,  including  lists of authorised  vessels  and,  where  deemed  necessary  on  the 
basis  of  quota  exhaustion  beyond  the  level  of  70%,  limitations  on  the  activity  of 
authorised  vessels; 

(iii) 

control  of  transshipment  and  of  practices  which  incur  discarding; 

(iv) 

where  possible,  temporal  prohibition  to  fish  in  areas  where  high  by-catch  rates  of 

O. J. No  L330,  30.12.1995, p. 1 

«v 

Article  3 

Inspectors authorised  by the Commission  shall, whenever the Commission  deems  it  necessary, 
carry  out  independent  inspections  in  order  to  verify  the  implementation  by  Ilu*  competcnl 
authorities  ol  the  sampling  programmes  and  of  the  detailed  measures  mentioned  in  Articles 
I  and  2. 

Article  4 

The  Commission  shall  prohibit  landings  of herring  if  it  is deemed  that  the  implementation  of 
the  measures  mentioned  in  Articles  1 and  2  do  not  constitute  a  sufficient  guarantee  that  a 
strict  control  of  fishing  mortality  of  herring  in  all  fisheries  is  achieved. 

Article  5 

Notwithstanding  Article  15(1)  of  Regulation  (EC)  N°  2847/93\  Member  States  shall 
communicate  to  the  Commission,  by  Tuesday  of  every  week,  the  landings  of  herring  and  of 
sprat  caught  in  the  zones  mentioned  in  Annexes  I and  II  made  in  the  preceding  week. 

Article  6 

Vessels  which  carry  on  board  in  the  North  Sea  or  the  Skagerrak  and  Kattegat  towed  nets  of 
minimum  mesh  size  less  than  32mm  may  not  simultaneously  carry  on  board  towed  nets  of 
minimum  mesh  size  of  32mm  or  greater. 

Article  7 

Council  Regulation  (EC)  No  3074/95  is  hereby  amended  as  follows: 

1. The  following  paragraph  is  inserted  in  Article  5: 

"Ibis.  Notwithstanding  paragraphs  1 and  2, when  each  of the catch  limits  indicated  in 
Annex  II  of  this  Regulation  is  exhausted,  it  shall  be  prohibited  for  vessels  operating 
within  the  fisheries  to  which  these  catch  limits  apply  to  land  catches  which  arc 
unsorted  and  which  contain  herring." 

2.  Annex  I of  this  Regulation  shall  replace  the  corresponding  elements  of  the  Annex. 

3  Annex  II  of  this  Regulation  shall  be  inserted  in  the  Annex 

O  J.  No L 2.61, 20.10.1993, p. 1. 

Article  X 

Commission  Regulation  (EC)  N°  1265/96  is  hereby  repealed. 

Article  9 

This  Regulation  shall  enter  into  force  on  the day  of  its  publication  in  the  Official  Journal  of 
the  European  Communities  and  shall  be  applicable  until  31  December  1996. 

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

Done  at  Brussels, 

Annex  I, page 1 

Species: 

herring (1) 
Clupea harengus 

Zone  Ilia 

België / Belgique 
Oanmark 

OeutSChland 
Ellada 

3 7 5 8 0 ( 2) 

6 00 (3) 

Landed as the entire catch or sorted from the remainder of the catch 

(1 ) 
(2)  No fishing of this quota may take place, in the Skagerrak. within 4 miles of the baselines 

of the Kingdom of Norway 

(3)  No fishing of this quota may take place, in the Skagerrak. within 12 miles of the baselines 

of me Kingdom of Norway 

(*) 

Precautionary TAC 

Espana 

France 

Ireland 

Italia 

Luxembourg 

Nederland 

Osterreich 

Portugal 

Suomi/Finland 

Sverige 

39320  (2) 

United  Kingdom 

EC 

TAC 

77500 

90000  C) 

Species: 

herring (1) 

Zone  IVab 

( 1 ) 

Landed as the entire catch or sorted from the remainder of the catch 

(2)  May only be fished m IVa and IVb 
(3)  Of which no more than 452401 may be fished in waters under the sovereignty or 

jurisdiction of Norway. 

(4)  Member States must inform the Commission of their landings of herring distinguishing 

5410 

between ICES Divisions IVa and IVb 

21380 

Clupea harengus 

België /  Belgique 

Danmark 
DeutSChfand 

21240 
13230 

Ellada 
Espana 
France 

Ireland 

Italia 

Luxembourg 

Nederland 

Osterreich 

Portugal 

Suomi/Finland 

Sverige 

1590  (2) 

United Kingdo 

22910 

EC 

TAC 

85760  (3H4) 

131000 

herring (1) 
Clupea harengus 
7100 
350 
350 

Annex  I, page 2 

Zone  IVc. Vlld (2) 

(1) 
(2) 

Landed  as  the entire catch  or  sorted from  the  remainder  of  the  catch 

Except  Blackwater  stock:  reference  is to  the  herring  stock  in the  maritime  region  of 

the  Thames  estuary  within  a zone  delimited  by  a line  running  due  south  from  Landguard 

Point  (51°  56'  N.  1°19.1"  E) to latitude  S1"33' N and  hence  due  west  to  a point  on  the 

[Species: 

België /  Belgiq 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdo 

EC 

IAC 

8680 

(*) 

Precautionary  TAC 

coast  of  the  United  Kingdom 

6790 

1730 

25000 

25000 (') 

Zone  lla(1),  IV (1) 

( 1 ) 

Community  waters 

( 2) 

( 3) 

(*) 

Available  to all  Member  States  except  Spain.  Portugal.  Sweden  and  Finland 

Including  sandeel 

Precautionary  TAC 

(Species: 

Sprat 
Sprattus sprattus 

België / Belgiq 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United Kingdo 

EC 

TAC 

1500 
1500 
1500 

1500 

1500 

1330 (3) 
1500 
114670 (2) 
125000 

150000  n 

t 

Annex  II,  page  1 

ISpecies: 

herring  (1) 
Clupea  harengus 

Zone: 

Ilia 

(1 ) 

(2) 

By-catches of herring taken in the fishery for sprat and landed unsorted 

Available to all Member States except Spain, Portugal and Finland 

Zone: 

(1 ) 

(2) 

By-catches of herring taken in fisheries for species other than sprat and landed unsorted 

Available to all Member  States except  Spam, Portugal and Finland 

België  /  Belgique 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United  Kingdom 

FC 

AC 

12000  (2) 
12000 

12000 

Species: 

herring  (1) 
Clupea  harengus 

België  /  Belgique 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 

Portugal 
Suomi/Finland 
Sverige 
United  Kingdom 

EC 

TAC 

87000 (2) 
87000 

87000 

1 

Annex  II,  page  2 

[Species: 

herring(1) 
Clupea  harengus 

Zone: 

lla(2).  IV.  Vlld 

(1 ) 

(2) 

(3) 

By-catches of herring taken in fisheries for species other than herring and landed unsorted 

Community waters 

Available to all Member States, except Spain. Portugal and Finland 

België  /  Belgique 
Danmark 
Deutschiand 
Ellada 
Espana 
France 
Ireland 
Italia 
Luxembourg 
Nederland 
Osterreich 
Portugal 
Suomi/Finland 
Sverige 
United  Kingdom 

EC 

TAC 

44000 (3) 
44000 

44000 

4> 

ISSN 0254-1475 

COM(96) 349  final 

DOCUMENTS 

EN 

03 

Catalogue number  :  CB-CO-96-357-EN-C 

ISBN 92-78-06940-X 

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