Commission Regulation (EC) No 259/2001 of 7 February 2001 establishing measures for the recovery of the stock of cod in the North Sea (ICES subarea IV) and associated conditions for the control of activities of fishing vessels
Date: 2001-02-07
Institutions: European Commission
Subjects: North Sea, catch quota, fishery management, fishing area, fishing regulations, vessel

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 259/2001

of 7 February 2001

establishing measures for the recovery of the stock of cod in the North Sea (ICES subarea IV) and
associated conditions for the control of activities of fishing vessels

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

passing through the closed area, additional measures to
control the activities of such fishing vessels are required,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3760/92 of 20
December 1992 establishing a Community system for fisheries
and aquaculture (1), as last amended by Regulation (EC) No
1181/98 (2), and in particular Article 15(1) thereof,

Whereas:

In November 2000, the International Council for the
Exploration of the Sea indicated that the stock of cod in
the North Sea (ICES subarea IV) is at serious risk of
collapse.

At the Council meeting of 14 and 15 December 2000,
the Commission and the Council noted the urgent
requirement to establish a recovery plan for cod in the
North Sea.

Norway and the European Union are co-managers of the
stock of cod in the North Sea and an Agreed Record
indicating,
inter alia, the management measures which
should immediately be brought in to force was signed
by the two Parties on 24 January 2001.

The immediate requirement is to allow as many cod as
possible to spawn during the period mid-February to the
end of April 2001.

HAS ADOPTED THIS REGULATION:

Article 1

1.
Throughout the period 14 February to 30 April 2001 it
shall be prohibited to conduct any fishing activity within those
parts of
ICES subarea IV situated outside the limit of 12
the coastal
nautical miles calculated from the baselines of
Member States and within the area comprising the following
ICES statistical rectangles or parts thereof:

50 E7 (3), 50 E8 (3), 50 E9, 50 F0, 50 F1, 50 F2 (4)

49 E6 (3), 49 E7 (3), 49 F1, 49 F2

48 E6, 48 F1, 48 F2

47 F1, 47 F2, 47 F3 (5)

46 F3 (6)

45 F3 (7), 45 F4 (7)

44 F3, 44 F4 (7), 44 F5 (7)

43 F4, 43 F5, 43 F6, 43 F7 (8)

42 F5, 42 F6, 42 F7 (9)

41 F5, 41 F6, 41 F7 (9)

40 F4, 40 F5, 40 F6, 40 F7 (9)

39 F4, 39 F5, 39 F6, 39 F7 (9)

38 F4, 38 F5, 38 F6

34 F3, 34 F4

33 F2, 33 F3, 33 F4

32 F1, 32 F2, 32 F3.

Therefore, the establishment of an area closed to fishing
in this period is urgently required in the appropriate
geographical area of the North Sea.

For indicative purposes, a map of the abovementioned area is
provided in the Annex.

2.

Paragraph 1 shall not apply to vessels which fish with:

However, fishing with gears appropriate for the capture
of pelagic fish and sandeels in the North Sea creates no
peril for the cod stock. Fisheries for these species within
the closed area should, therefore, be permitted.

To confirm that fishing for pelagic fish and sandeels
creates no peril for cod, observers should be placed on
board vessels which fish for these species within the
closed area.

(a) purse seines or similar encircling gears; or

(b) trawls provided that:

(i) the mesh size of such trawls is less than 16 mm for
fishing for sandeels or lies in the range 32 mm to
69 mm for fishing for pelagic fish;

(3) South of

(4) South of

straight
a
61° 00(cid:1) N, 01° 43(cid:1) W.
straight
60° 30(cid:1) N, 03° 00(cid:1) E.
straight
59° 00(cid:1) N, 03° 30(cid:1) E.

a

a

(5) West of

line between 60° 00(cid:1) N, 04° 00(cid:1) W and

line between 61° 00(cid:1) N, 02° 00(cid:1) E and

line between 59° 30(cid:1) N, 03° 00(cid:1) E

and

(8)

To further ensure compliance with the required condi-
tions for fishing by fishing vessels operating within or

(1) OJ L 389, 31.12.1992, p. 1.
(2) OJ L 164, 9.6.1998, p. 1.

(6) West of 03° 30(cid:1) E.
(7) South of

a

(8) South of

straight
57° 30(cid:1) N, 05° 30(cid:1) E.
straight
57° 27(cid:1) N, 08° 00(cid:1) E and north of
57° 15(cid:1) N, 08° 00(cid:1) E and 57° 00(cid:1) N, 07° 15(cid:1) E.

a

(9) West of 07° 15(cid:1) E.

line between 58° 30(cid:1) N, 03° 30(cid:1) E and

line between 57° 27(cid:1) N, 07° 00(cid:1) E and
line between

straight

a

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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(ii) all such trawls retained on board are of only one of the

(e) the total quantity of cod landed;

permitted mesh size ranges;

(iii) trawls of mesh size less than 16 mm are deployed
only from 1 March 2001 and to the south of
59° 00(cid:1) N.

3. Whenever a vessel is operating under the conditions laid
down in paragraph 2,

it is prohibited to carry on board:

— any trawl
carried, or

if purse seines or similar encircling gears are

— any purse seine or similar encircling gear if trawls are

carried, or

— any other type of fishing gear if trawls or purse seines or

any similar encircling gears are carried.

Vessels operating under the conditions laid down in para-
4.
graph 2 shall be equipped with a functioning vessel monitoring
system in conformity with conditions laid down in Article 3 of
Council Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common fish-
eries policy (1).

(f) the length to the nearest centimetre below the absolute

length of the cod landed.

The master of a Community vessel designated to receive
3.
an observer on board shall make every reasonable effort to
facilitate the arrival and departure of the observer and shall
provide the observer with appropriate facilities for accommo-
dation and work.

Article 4

The authorities of Member States shall ensure that on at
1.
least 100 occasions, the landings of vessels which have oper-
ated under the conditions laid down in Article 1(2)(b) with no
observer on board shall be sampled immediately after landing.

To this end, each Member State shall establish a sampling plan
and transmit it to the Commission for approval.

2.

The sampling shall be designed to provide estimates of:

(a) the total quantity of pelagic fish, sandeels and all other

marine organisms except cod landed;

Article 2

(b) the total quantity of cod landed;

Within the area and time period laid down in Article 1(1),
any vessel is prohibited from immersing, partially or wholly,
or otherwise deploying for any purpose any fishing gear which
is not
laid down in
Article 1(2).

in conformity with the conditions

Article 3

1.
The authorities of Member States shall ensure that, for
the duration of at least 50 voyages, observers shall be on board
Community fishing vessels flying their flag which operate
under the conditions laid down in Article 1(2)(b).

To this end, each Member State shall establish a sampling plan
and transmit it to the Commission for approval.

2.
The observers shall record for each operation of the
fishing gear, the mesh size of the trawl and the geographical
location of the operation and shall implement an appropriately
designed sampling procedure to estimate:

(a) the total quantity by weight of pelagic fish, sandeels and all
other marine organisms except cod caught by each opera-
tion of the fishing gear;

(b) the total quantity by weight of cod caught by each opera-

tion of the fishing gear;

(c) the length to the nearest centimetre below the absolute
length of the cod caught by each operation of the fishing
gear;

(d) the total quantity of pelagic fish, sandeels and all other

marine organisms except cod landed;

(c) the length to the nearest centimetre below the absolute

length of the cod landed.

Article 5

Member States shall send to the Commission by 1 June at the
latest, a comprehensive report of the activities and findings of
the observers assigned to Community vessels flying their flag
and of their sampling of landings.

Article 6

the internal

Each Member State shall transmit to the Commission
1.
before 14 February 2001 a list of Community vessels flying
their flag and registered in the Community authorised to
engage in fishing activities within the area and time period
indicate, for each
referred to in Article 1(1). The list shall
vessel,
register number as attributed in
conformity with Article 5 of Commission Regulation (EC) No
2090/98 of 30 September 1998 concerning the fishing vessel
register of the Community (2). The Commission shall send the
lists to the authorities responsible for controlling the provisions
of the present regulation. Subsequent changes to the lists shall
immediately be transmitted to the Commission which will
immediately inform the responsible authorities.

fleet

2. Masters of fishing vessels engaging in fishing activities
under the conditions laid out in Article 1(2) shall transmit a
report by fax, radio station, telex or telephone to:

— the flag state, and

— where

appropriate,

for
monitoring activities in waters in which the fishing activity
takes place.

coastal State

responsible

the

(1) OJ L 261, 20.10.1993, p. 1.

(2) OJ L 266, 1.10.1998, p. 27.

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include:

The report shall
— the quantities in kilograms live-weight of each species of
marine organisms retained on board immediately prior to
each entry into the area,

— the quantities in kilograms live-weight of each species of
marine organisms caught in the area and retained on board
immediately prior to each departure from the area,

the Commission to the Member States. The list shall contain
the items listed in Article 13(2) of Council Regulation (EC) No
2848/2000 of 15 December 2000 fixing for 2001 the fishing
opportunities and associated conditions for certain fish stocks
and groups of fish stocks, applicable in Community waters and,
for Community vessels, in waters where limitations of catch are
required (1).

— name of the vessel,
— code (entry ‘IN’, exit ‘OUT’),
— date, time, geographical
— name of the master.

location,

Article 7

The list of vessels notified by Norwegian authorities as author-
ised to engage in fishing activities within the area and during
the time period defined in Article 1(1) shall be transmitted by

Article 8

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

It shall be applicable until 30 April 2001.

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

Done at Brussels, 7 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 334, 30.12.2000, p. 1.

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ANNEX

Map of the area referred to in Article 1(1)

(for indicative purposes only)