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
Date: 2000-09-06
Institutions: European Commission
Subjects: conservation of fish stocks, fishery resources, fishing net, fishing regulations, protection of animal life

C 365 E/264

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Official Journal of the European Communities

19.12.2000

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

(2000/C 365 E/22)

COM(2000) 501 final (cid:15) 2000/0215(CNS)

(Submitted by the Commission on 6 September 2000)

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,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

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

(i) the calculation of the proportion by live weight of
sorting or on
to catches taken by nets of

marine organisms on board after
landing with respect
mesh sizes less than 16 mm;

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

80 to 99 mm and greater than or equal to 100 mm 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.@

(iii) fishing with dredges;

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

(iv) landing of parts of crabs or damaged crabs;

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

(v) ensuring that area-specific minimum sizes of crabs

are duly observed;

3. Article 10 is replaced by the following:

(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;

?Article 10

Notwithstanding Article 4; it shall be prohibited,

(a) during any fishing voyage when dredges are carried on
than

board to transship marine organisms other
bivalve molluscs and

(b) to retain on board or land more than 5 % by weight of

marine organisms other than bivalve molluscs.@

(ix) the use of combinations of nets with mesh sizes 16 to
31 mm and greater than or equal to 100 mm or of

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

(1) OJ L 125, 27.4.1998, p. 1.

?4. B Edible crabs may only be retained and landed
whole.

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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

9. In Annex X:

(a) point 1 is replaced by:

?1. Mesh size
> = 100 mm

combination: 16 to 31 mm +

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

shrimps

B Region 1 and 2 north of longitude 56 DN or

(b) point 4 is replaced by:

B Region 2 south of

longitude 56 DN except
Divisions IVb, c and ICES Divisions VIId, e, f or

ICES

B ICES Divisions IVb, c south of longitude 56 DN or

B ICES Divisions VIId, e, f or

B Region 3@

?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:

6. In Article 22, paragraph 3,

the
reference to the competent control authority for France
and the United Kingdom shall be changed to:

subparagraph,

last

B for France:

?CROSS Etel
Service Surpeche
TØlØcopie: 33 (0) 2 97 55 23 75
TØlex: CRAPECH 951.892@

B for the United Kingdom:

?Ministry of Agriculture Fisheries and Food:
Fax: + 44 (0) 207 270 8125
E-mail: s.h.dutyroom-wpe@egd.maff.gov.uk
Telex: London 21274@

7.

In Article 28:

B the minimum size of plaice (Pleuronectes platessa)

in
the Skagerrak and Kattegat

Regions 1 to 5 except
shall be 27 cm;

B a footnote shall be associated with the reference to
minimum size of 15 cm 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 juris-
diction of Portugal@;

B the entry ?Surf clams (Spisula solidissima)@ shall be

replaced by ?Surf clams (Spisula solida)@, and

B the minimum size of crawfish (Palinurus

in
the Skagerrak and Kattegat

spp.)

Regions 1 to 5 except
shall be 95 mm.

11.

In Annex XIII

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

B in point 3, the words ?or crawfish@ shall be deleted;

?(a)

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

B latitude 43D 46.5’ N, longitude 7D 54.4’ W

B 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.@;

B latitude 44D 01.5’ N, longitude 7D 54.4’ W

B The figure in Annex 2 to this Regulation shall be

B latitude 43D 25’ N, longitude 9D 12’ W

B latitude 43D 10’ N longitude, 9D 12’ W.@

(b) paragraph 1(b) is deleted

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

lation.

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.

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ANNEX 1

,ANNEX VI

FIXED GEARS: Regions 1 and 2

Species/mesh

10B30 mm 50B70 mm 90B99 mm 100B119 mm 120B219 mm ‡ 220 mm

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Sardine (Sardina pilchardus)
Eel (Anguilla anguilla)
Sprat (Sprattus sprattus)

Horse mackerel (Trachurus spp.)
Herring (Clupea harengus)
Makerel (Scomber spp.)
Red mullets (Mullidae)
Garfish (Belone spp.)

Sea bass (Dicentrarchus labrax)
Grey mullets (Mugilidae)
Lesser spotted dogfish (Scyliorhinus
canicula)

Dab (Limanda limanda)
Haddock (Melanogrammus
aeglefinus)
Withing (Merlangius merlangus) (2)
Flounder (Platichthys flesus)
Sole (Solea vulgaris)
Plaice (Pleuronectes platessa)
Cutlefish (Sepia officinalis)

Cod (Gadus morhua)
Pollack (Pollachius pollachius) (3)
Ling (Molva molva)
Saithe (Pollachius virens)
Hake (Merluccius merluccius) (3)
Picked dogfish (Squalus acanthias)
Greater spotted dogfish (Scyliorhinus
stellaris)
Megrim (Lepidorhombus spp.)
Lumpsucker (Cyclopterus lumpus)

All other marine organisms

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* (1)

(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@

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ANNEX 2