Commission Regulation (EC) No 456/2001 of 6 March 2001 establishing measures for the recovery of the stock of cod to the west of Scotland (ICES Division VIa) and associated conditions for the control of activities of fishing vessels
Date: 2001-03-06
Institutions: European Commission
Subjects: Scotland, fishery management, fishing area, fishing controls, fishing regulations, sea fish

7.3.2001

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Official Journal of the European Communities

L 65/13

COMMISSION REGULATION (EC) No 456/2001

of 6 March 2001

establishing measures for the recovery of the stock of cod to the west of Scotland (ICES Division
VIa) and associated conditions for the control of activities of fishing vessels

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(a) the area enclosed by sequentially joining with straight lines

the following geographical coordinates:

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 to
the west of Scotland (ICES Division VIa) is at serious risk
of collapse.

59° 05(cid:1) N, 06° 45(cid:1) W,

59° 30(cid:1) N, 06° 00(cid:1) W,

59° 40(cid:1) N, 05° 00(cid:1) W,

60° 00(cid:1) N, 04° 00(cid:1) W,

59° 30(cid:1) N, 04° 00(cid:1) W,

59° 05(cid:1) N, 06° 45(cid:1) W, and

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 to the
west of Scotland.

(b) that part of ICES statistical rectangle 39E4 which lies to the
east of the peninsula of Kintyre and to the north of a
straight line between 55° 18(cid:1) 18(cid:2) N, 05° 38(cid:1) 50(cid:2) W and
55° 00(cid:1) 30(cid:2) N, 05° 09(cid:1) 24(cid:2) W; and

The immediate requirement is to allow as many cod as
possible to spawn before the end of April 2001 when
the spawning season finishes.

Therefore, the establishment of areas to the west of
Scotland closed to fishing in this time period is urgently
required.

However, fishing with gears appropriate for the capture
of pelagic fish, molluscs and crustaceans to the west of
Scotland creates no peril for the cod stock. Fisheries for
these species within the closed areas should, therefore,
be permitted.

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

To further ensure compliance with the required condi-
tions for fishing by fishing vessels operating within or
passing through the closed areas, additional measures to
control the activities of such fishing vessels are required,

HAS ADOPTED THIS REGULATION:

Article 1

Until 30 April 2001 it shall be prohibited to conduct any

1.
fishing activity within the following three areas:

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

of

(c) that part of ICES statistical rectangle 39E4 which lies to the
north
55° 17(cid:1) 57(cid:2) N,
line
05° 47(cid:1) 54(cid:2) W and 55° 00(cid:1) 00(cid:2) N, 05° 21(cid:1) 00(cid:2) W and to
the south of a straight line between 55° 18(cid:1) 18(cid:2) N, 05° 38(cid:1)
50(cid:2) W and 55° 00(cid:1) 30(cid:2) N, 05° 09(cid:1) 24(cid:2) W.

between

straight

a

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

2.

(a) Paragraph 1 shall not apply to vessels which fish with:

(i) purse seines or similar encircling gears; or

(ii) trawls provided that:

— the mesh size of such trawls lies in the range
32 mm to 69 mm for fishing for pelagic fish,
and

— all such trawls retained on board are of the

permitted mesh size range.

(b) The prohibition laid down in paragraph 1(b) shall not

apply to vessels which fish with:

(i) dredges for fishing for scallops; or

(ii) pots or creels; or

(iii) trawls provided that:

— the mesh size of such trawls lies in the range 70
to 79 mm or 80 to 99 mm for fishing for
Norway lobsters, and

— all such trawls retained on board are of only
one of the permitted mesh size ranges, and

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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Official Journal of the European Communities

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— the catches retained on board are landed only if
their percentage composition complies with the
conditions laid down with respect
to towed
gears of mesh size range 70 mm to 79 mm in
Annex I of Council Regulation (EC) No 850/98
of 30 March 1998 for the conservation of
fishery resources through technical measures for
the
of marine
organisms (1).

protection

juveniles

of

(c) The prohibition laid down in paragraph 1(c) shall not

apply to vessels which fish with:

(i) dredges for fishing for scallops; or

(ii) pots or creels.

3. Whenever a vessel is operating under the conditions laid
down in paragraph 2, it is prohibited to carry on board any
other type of fishing gear whenever:

— purse seines or similar encircling gears, or

— trawls, or

— pots or creels, or

— dredges,

are carried.

Vessels operating in the area defined in paragraph 1(a)
4.
under the conditions laid down in paragraph 2(a) 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 (2) establishing a control system
applicable to the common fisheries policy.

Article 2

Until 30 April 2001 it is prohibited for any vessel to immerse,
wholly or partially, or to otherwise deploy:

— in the geographical area defined in Article 1(1)(a), fishing
gears which are not in conformity with the conditions laid
down in Article 1(2)(a), or

— in the geographical area defined in Article 1(1)(b), fishing
gears which are not in conformity with the conditions laid
down in Article 1(2)(b), or

— in the geographical area defined in Article 1(1)(c), fishing
gears which are not in conformity with the conditions laid
down in Article 1(2)(c).

— for the duration of at least 20 voyages undertaken in the
area defined in Article 1(1)(b) under the conditions laid
down in Article 1(2)(b)(iii).

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, of Norway
lobsters and of all other marine organisms except cod
caught by each operation 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, of Norway lobsters and of

all other marine organisms except cod landed;

(e) the total quantity of cod landed;

(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 of
the observer and shall provide the
observer with appropriate facilities for accommodation and
work.

Article 4

1.
The authorities of Member States shall ensure that, on at
least 50 occasions, the landings of vessels which have operated
with no observer on board:

— in the area defined in Article 1(1)(a) under the conditions

laid down in Article 1(2)(a)(ii), and

— in the area defined in Article 1(1)(b) under the conditions

laid down in Article 1(2)(b)(iii),

shall be sampled immediately after landing.

Article 3

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

1.
The authorities of Member States shall ensure that obser-
vers shall be on board Community fishing vessels flying their
flag:

— for the duration of at least 20 voyages undertaken in the
area defined in Article 1(1)(a) and carried out under the
conditions laid down in Article 1(2)(a)(ii),

2.

The sampling shall be designed to provide estimates of:

(a) the total quantity of pelagic fish, of Norway lobsters and of

all other marine organisms except cod landed;

(b) the total quantity of cod landed;

(1) OJ L 125, 26.4.1998, p. 1.
(2) OJ L 261, 20.10.1993, p. 1.

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

length of the cod landed.

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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

1.
Each Member State shall transmit to the Commission, at
the latest 10 working days after the date of entry into force of
this Regulation, a list of Community fishing vessels flying their
flag authorised to engage in fishing activities within the areas
and time period referred to in Article 1(1). The list shall indi-
cate, for each vessel, the internal fleet register number as attrib-
uted in conformity with Article 5 of Commission Regulation
(EC) No 2090/98 (1) concerning the fishing vessel register of
the Community. The Commission shall send the lists to the
authorities responsible for controlling the provisions of the
present Regulation. Subsequent changes to the lists shall imme-
diately be transmitted to the Commission which will imme-
diately inform the responsible authorities.

2. Masters of fishing vessels engaging in fishing activities
under the conditions laid out in Article 1(2)(a) and who have
fished or who intend to fish in the area defined in Article

1(1)(a), shall transmit a report by fax, radio station, telex or
telephone to:

— the flag State, and
appropriate,
— where

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

coastal State

responsible

the

The report shall

include:

— 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;

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

location,

Article 7

This Regulation shall enter into force on the day following 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.

Done at Brussels, 6 March 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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

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Official Journal of the European Communities

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ANNEX

Cod closure areas