Council Regulation (EC) No 1434/98 of 29 June 1998 specifying conditions under which herring may be landed for industrial purposes other than direct human consumption
Date: 1998-06-29
Institutions: Council of the European Union
Subjects: authorised catch, catch area, catch by species, conservation of fish stocks, fishing controls, fishing industry, human nutrition, quantity of fish landed, sea fish, sea fishing

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1434/98

of 29 June 1998

specifying conditions under which herring may be landed for industrial purposes
other than direct human consumption

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 Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Whereas Council Regulation (EEC) No 2115/77 of 27
September 1977 prohibiting the direct
fishing and
landing of herring for industrial purposes other than
human consumption (3) is founded upon a situation of
in many
over-exploitation which no longer
geographical areas;

exists

Whereas stocks of herring in the Baltic Sea, the Belts and
the Sound are currently not threatened; whereas improved
economical utilisation of these stocks allows them to be
fished for purposes other than direct human consump-
tion; whereas restriction on the industrial purpose for
which landings
from these stocks are made is not
required;

Whereas industrial fishing for herring in the Baltic Sea
may induce significant by-catches of young cod; whereas
therefore such fishing should not be permitted in areas
where young cod are abundant;

Whereas the state of the stock of herring in the North
Sea, Skagerrak and Kattegat gives rise to serious concern;

Whereas for other stocks of herring in the North-East
Atlantic, current fishing practice i.e. fishing for human
consumption, gives rise to sufficiently high rates of
exploitation; whereas, therefore, changes in the fishing
practice for these stocks is undesirable;

Whereas the level of by-catches of herring should be
limited in industrial fisheries targeted at other species;

whereas by-catches taken under such limitations may be
used for industrial purposes;

Whereas Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to
the common fisheries policy (4) provides for satellite
monitoring of vessels engaged in fishing for industrial
purposes from 1 July 1998 onwards;

Whereas Council Regulation (EC) No 88/98 of 18
December 1997 laying down certain technical measures
for the conservation of fishery resources in the waters of
the Belts and the Sound (5) stipulates
the Baltic Sea,
conditions for fishing for herring in these waters;

Whereas Council Regulation (EC) No 894/97 of 29 April
1997 laying down certain technical measures for the
conservation of fishery resources (6) stipulates conditions
for retention on board and landing of herring caught in
Regions 1 and 2 with fishing gears currently used for
fishing for
than human
industrial purposes other
consumption,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following

1.
definitions of waters shall apply:

Region 1:

All waters which lie to the north and west of a line
running from a point at latitude 48(cid:190) N, longitude 18(cid:190) W,
thence due north to latitude 60(cid:190) N, thence due east to
longitude 5(cid:190) W, thence due north to latitude 60(cid:190)30Y N,
thence due east to longitude 4(cid:190) W, thence due north to
latitude 64(cid:190) N, thence due east to the coast of Norway.

(1) OJ C 25, 24. 1. 1998, p. 19.
(2) Opinion delivered on 19 June 1998 (not yet published in the

Official Journal).

(3) OJ L 247, 28. 9. 1977, p. 2.

(4) OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation (EC) No 2205/97 (OJ L 304, 7. 11. 1997, p. 1.)

(5) OJ L 9, 15. 1. 1998, p. 1.
(6) OJ L 132, 23. 5. 1997, p. 1.

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Region 2:

All waters situated north of latitude 48(cid:190) N, but excluding
the waters in Region 1 and ICES Divisions IIIb, IIIc and
IIId.

species, are not sorted, and the herring does not exceed
20 % by weight of the total combined weight of herring
and other species caught by such gears and retained on
board.

Region 3:

All waters corresponding to ICES Sub-areas VIII and IX.

2.
ICES Divisions IIIb, IIIc and IIId divided into 11
sub-divisions numbered 22 to 32 which are described in
Annex I to Regulation (EC) No 88/98.

Article 2

1. Herring caught when fishing:

(cid:190) in Regions 1 and 2 with nets of minimum mesh size

less than 32 mm or,

(cid:190) in Region 3 with nets of minimum mesh size less

than 40 mm,

may not be retained on board unless such catches:

(i) are taken within ICES Sub-area IV, consist of a
mixture of herring and other species, are not sorted
and the herring does not exceed 20 % by weight of
the total combined weight of herring and other
species caught by such gears and retained on board
or;

(ii) are taken within ICES Division IIIa, consist of a
mixture only of sprat and herring, are not sorted and
the herring does not exceed 10 % by weight of the
total combined weight of herring and sprat caught by
such gears and retained on board or;

(iii) are taken within ICES Division IIIa, consist of a
mixture of herring and other species whether or not
including sprat, are not sorted and the herring does
not exceed 5 % by weight of the total combined
weight of the herring and other species caught by
such gears and retained on board or;

(iv) are taken outside ICES Sub-area IV or ICES Division
IIIa, consist of a mixture of herring and other species,
are not sorted and the herring does not exceed 10 %
by weight of the total combined weight of herring
and other species caught by such gears and retained
on board.

2. Herring caught by Community fishing vessels when
fishing in ICES Divisions IIIb, or IIIc or ICES Division
IIId to the west of 16(cid:190) E with nets of minimum mesh size
less than 32 mm may not be retained on board unless
such catches consist of a mixture of herring and other

3. Herring caught by Community fishing vessels when
fishing:

(cid:190) east of 16(cid:190) E in Sub-divisions 25 to 27 of ICES Divi-
sion IIId with nets of minimum mesh size less than
32 mm or,

(cid:190) in Sub-division 28 of ICES Division IIId or in that
part of Sub-division 29 of ICES Division IIId which
lies south of latitude 59(cid:190)30Y N with nets of minimum
mesh size less than 28 mm or,

(cid:190) in Sub-divisions 30 to 32 of ICES Division IIId or in
that part of Sub-division 29 of ICES Division IIId
which lies north of latitude 59(cid:190)30Y N with nets of
minimum mesh size less than 16 mm,

may not be retained on board unless such catches consist
of a mixture of herring and other species, are not sorted,
and the herring does not exceed 45 % by weight of the
total combined weight of herring and other species
caught by such gears and retained on board.

Article 3

1. Catches of herring taken:

(cid:190) in Regions 1 and 2 with towed nets of minimum
mesh size equal to or greater than 32 mm or,

(cid:190) in Region 3 with towed nets of minimum mesh size

equal to or greater than 40 mm or,

(cid:190) in ICES Divisions IIIb or IIIc with towed nets of
minimum mesh size equal to or greater than 32 mm
or,

(cid:190) in Sub-division 24 or that part of Sub-division 25 to
the west of 16(cid:190)00Y E of ICES Division IIId with towed
nets of minimum mesh size equal to a greater than 32
mm or,

(cid:190) in Regions 1 or 2 or 3 or in ICES Divisions IIIb, or
IIIc or in ICES Division IIId to the west of 16(cid:190)00Y E
with any fishing gear other than towed nets,

shall not be landed for purposes other than direct human
consumption unless they are first offered for sale for
direct human consumption and fail to find a buyer.

2. However,

(cid:190) any herring caught with any fishing gear in ICES

Division IIId to the east of 16(cid:190)00Y E or,

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(cid:190) any herring caught with any fishing gear within the

conditions specified in Article 2,

may be landed for purposes other than direct human
consumption.

Article 4

Not
later than 31 December 2002 the Council shall
decide, on the basis of a Report and Proposal from the
Commission, on any necessary adjustments to this Regu-
lation.

Article 5

Regulation (EEC) No 2115/77 is hereby repealed.

Article 6

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of
the European Communities.

It shall apply from 1 January 1999.

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

Done at Luxembourg, 29 June 1998.

For the Council

The President

R. COOK