Council Regulation (EC) No 973/2001 of 14 May 2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species
Date: 2001-05-14
Institutions: Council of the European Union
Subjects: authorised catch, conservation of fish stocks, fishing area, fishing net, fishing regulations, technical regulations

19.5.2001

EN

Official Journal of the European Communities

L 137/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 973/2001

of 14 May 2001

laying down certain technical measures for the conservation of certain stocks of highly migratory
species

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 (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

has

conservation and management of

The Community
by Decision 98/392/EC (3)
approved the United Nations Convention on the Law of
the Sea, which contains principles and rules relating to
the
living
resources of the sea.
its wider
international obligations, the Community participates in
efforts arising in international waters to conserve fish
stocks.

In the framework of

the

Pursuant to Decision 86/237/EEC (4), the Community
has been a Contracting Party to the International
Commission for the Conservation of Atlantic Tunas,
hereinafter called ‘the ICCAT Convention’, since 14
November 1997.

The ICCAT Convention provides a framework for
regional cooperation on the conservation and manage-
ment of
tunas and tuna-like species in the Atlantic
Ocean and adjoining seas by setting up an International
Commission for the Conservation of Atlantic Tunas,
hereinafter called the ‘ICCAT’, and adopting recommen-
dations on conservation and management
in the
Convention area which become binding on the
Contracting Parties.

The ICCAT has recommended a number of technical
measures for certain stocks of highly migratory species
in the Atlantic and the Mediterranean, specifying inter
alia authorised sizes and weights of fish, and restrictions

(5)

(6)

(7)

(8)

on fishing within certain areas and time-periods, with
certain gears, and on capacity. These recommendations
are binding on the Community and should therefore be
implemented.

Certain technical measures adopted by the ICCAT were
incorporated into Council Regulation (EC) No 1626/94
of 27 June 1994 laying down certain technical measures
for the conservation of fishery resources in the Mediter-
ranean (5) and Council Regulation (EC) No 850/98 of 30
March 1998 for the conservation of fishery resources
through technical measures for the protection of juve-
niles of marine organisms (6). In the interests of clarity,
these measures should be brought together in this Regu-
lation and the relevant Articles of the above Regulations
should be repealed.

To take into account
fishing practice in
certain areas, specific provisions on the capture and
retention on board of certain tuna species should be
adopted.

traditional

has

The Community
by Decision 95/399/EC (7)
approved the Agreement for the establishment of the
agreement
Indian Ocean Tuna Commission. This
provides a useful
framework for closer international
cooperation and rational use of tunas and related species
in the Indian Ocean by setting up the Indian Ocean
Tuna Commission, hereinafter called the ‘IOTC’, and
and
adopting
management in the IOTC area which become binding
on the Contracting Parties.

recommendations

conservation

on

The IOTC has adopted a recommendation laying down
technical measures for certain stocks of highly migratory
species in the Indian Ocean. This recommendation is
binding on the Community and should therefore be
implemented.

(1) OJ C 337 E, 28.11.2000, p. 78.
(2) Opinion delivered on 28 February 2001 (not yet published in the

Official Journal).

(3) OJ L 179, 23.6.1998, p. 1.
(4) OJ L 162, 18.6.1986, p. 33.

(5) OJ L 171, 6.7.1994, p. 1.
(6) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regula-

tion (EC) No 812/2000 (OJ L 100, 20.4.2000, p. 3).

(7) OJ L 236, 5.10.1995, p. 24.

L 137/2

EN

Official Journal of the European Communities

19.5.2001

(9)

(10)

(11)

(12)

The European Community has by Decision 1999/
337/EC (1) signed the Agreement on the International
Dolphin Conservation Program and by Decision 1999/
386/EC (2) decided to apply it on a provisional basis
pending its approval. The Community should therefore
apply the provisions laid down in this Agreement.

The objectives of the Agreement include the progressive
reduction of incidental dolphin mortalities in the tuna
purse-seine fishery in the Eastern Pacific Ocean to levels
approaching zero, by setting annual limits, and the long
term sustainability of the tuna stocks in the Agreement
Area.

Some provisions of this Agreement were incorporated
into Regulation (EC) No 850/98. These provisions
should be incorporated into this Regulation.

The Community has fishing interests in the Eastern
Pacific Ocean and has applied to accede to the Inter-
American Tropical Tuna Commission, hereinafter
‘IATTC’. Pending accession, and in accordance with its
obligation to cooperate with the other Parties involved
in the management and conservation of resources in this
region under the United Nations Convention on the Law
of the Sea, the technical measures adopted by the IATTC
should be applied by the Community. These measures
should therefore be incorporated into Community law.

(13)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (3),

(b) A r e a 2 :

all waters of the Indian Ocean covered by the Agreement
for the establishment of the IOTC as defined in Article 2
thereof;

(c) A r e a 3 :

all waters of the Eastern Pacific Ocean as defined in Article
3 of the Agreement on the International Dolphin Conserva-
tion Program.

TITLE II

TECHNICAL MEASURES APPLICABLE IN AREA 1

C h a p t e r 1

Restrictions on the use of certain types of vessels and
gears

Article 3

1.
During the period 1 November to 31 January in the area
specified in paragraph 2, it shall be prohibited for Community
fishing vessels to:

— anchor floating objects,
— fish under artificial objects,
— fish under natural objects,
— fish using ancillary vessels,
— throw into the sea artificial floating objects with or without

HAS ADOPTED THIS REGULATION:

buoys,

Article 1

This Regulation lays down technical conservation measures
applicable to vessels flying the flag of Member States and
registered in the Community, hereinafter
referred to as
‘Community fishing vessels’, with regard to the capture and
landing of certain stocks of highly migratory species referred to
in Annex I.

TITLE I

DEFINITIONS

Article 2

For the purposes of this Regulation, the following definitions of
maritime waters shall apply:

(a) A r e a 1 :

all waters of the Atlantic Ocean and adjacent seas covered
by the ICCAT Convention as defined in Article 1 thereof;

(1) OJ L 132, 27.5.1999, p. 1.
(2) OJ L 147, 12.6.1999, p. 23.
(3) OJ L 184, 17.7.1999, p. 23.

— install buoys on floating objects found at sea,
— remove floating objects and wait for the fish attracted by

these objects to gather underneath the vessel,

— tow floating objects outside the area.

The area referred to in paragraph 1 shall be bounded as

2.
follows:

— southern boundary at latitude 4° S,
— northern boundary at latitude 5° N,
— western boundary at longitude 20° W,
— eastern boundary at the coast of Africa.

Vessels

3.
shall be prohibited from commencing or
continuing fishing in the area and during the period specified
in paragraphs 1 and 2 without an observer on board.

4.
Until 31 December 2002, Member States shall take the
necessary steps to appoint observers and ensure that they are
placed on board all vessels flying their flag or registered in their
territory which are about to undertake fishing activities in the
area referred to in paragraph 2.

5. Without prejudice to paragraph 4, Member States shall
take the necessary steps to ensure that properly appointed
observers remain on board the fishing vessels to which they
have been assigned until they are replaced by other observers.

19.5.2001

EN

Official Journal of the European Communities

L 137/3

The master of a Community vessel operating in the area
6.
and during the period specified in paragraphs 1 and 2 shall
receive
and cooperate with him in the
performance of his duties during his stay on board.

the observer

For the purposes of this Regulation, the southern limit of the
Adriatic Sea shall be a line drawn between the Albanian-Greek
border and Cape Santa Maria di Leuca.

The master of a vessel designated to receive an observer on
board shall make every reasonable effort to facilitate his arrival
and departure. During the observer's stay on board he shall be
provided with appropriate
accommodation and working
facilities.

The practical arrangements for paragraphs 4, 5 and 6

7.
shall be as defined in Annex II.

8. Member States shall send the Commission by 1 May each
year at the latest a comprehensive report assessing the content
and conclusions of the reports of the observers assigned to
vessels flying their flag.

9.
The period referred to in paragraph 1, the area referred to
in paragraph 2 and the arrangements for the assignment of
observers set out in Annex II may be amended by the Commis-
sion pursuant to ICCAT recommendations which are binding
upon the Community and in accordance with the procedure
laid down in Article 19(2).

Article 4

It shall be prohibited to retain on board any quantity of
1.
skipjack, bigeye or yellowfin tuna which are caught using purse
seines in waters under
jurisdiction of
Portugal in ICES subarea X north of 36°30(cid:1) N or in CECAF
areas north of 31° N and east of 17°30(cid:1) W, or to fish for the
said species in the said areas with the said gears.

the sovereignty or

2.
It shall be prohibited to retain on board tuna caught
using drift-nets in waters under the sovereignty or jurisdiction
of Spain or Portugal in ICES subareas VIII, IX and X, or in
CECAF areas around the Canary Islands and Madeira, or to fish
for the said species in the said areas with the said gears.

Article 5

Fishing for bluefin tuna with encircling nets shall be

1.
prohibited:

— from 1 to 31 May in the Mediterranean Sea as a whole and
in the Mediterranean Sea
from 16 July to 15 August
excluding the Adriatic for vessels operating exclusively or
predominantly in the Adriatic;

— from 16 July to 15 August in the Mediterranean Sea as a
whole and from 1 to 31 May in the Adriatic for vessels
operating exclusively or predominantly in the Mediterra-
nean Sea excluding the Adriatic.

The use of aeroplanes or helicopters in support of fishing
2.
operations for bluefin tuna in the Mediterranean shall be
prohibited during the period from 1 to 30 June.

3.
Fishing for bluefin tuna in the Mediterranean using
surface-set longlines from vessels greater than 24 metres in
length shall be prohibited during the period from 1 June to 31
July each year. The applicable length shall be that defined by
the ICCAT and given in Annex III.

4.
The definition of the periods and areas referred to in this
Article and the length of vessels given in Annex III may be
modified by the Commission pursuant to ICCAT recommenda-
tions which are binding upon the Community and in accord-
ance with the procedure laid down in Article 19(2).

C h a p t e r 2

Minimum size

Article 6

1.
its
A highly migratory species shall be undersized if
dimensions are smaller than the minimum dimensions speci-
fied in Annex IV for the relevant species.

2.
The dimensions set out in Annex IV may be modified by
the Commission pursuant to ICCAT recommendations which
are binding upon the Community and in accordance with the
procedure laid down in Article 19(2).

Article 7

Undersized fish of highly migratory species shall not be
1.
retained on board or be transshipped,
transported,
stored, displayed or offered for sale, sold or marketed. These
species shall be returned immediately to the sea.

landed,

However, the preceding subparagraph shall not apply to the
species referred to in Annex IV caught by accident and which
total no more than 15 %, expressed in numbers of individuals,
of the quantities landed.
In the case of bluefin tuna, that
tolerance shall not apply to fish weighing less than 3,2 kg.

The release for free circulation or marketing in the
2.
Community of undersized fish of highly migratory species
originating in third countries shall be prohibited.

Article 8

Member States shall ensure that all vessels flying their flag or
registered in their territory are subject to the above rules.

The measurement of the size of fish of highly migratory species
shall be carried out in accordance with Article 18 of Regulation
(EC) No 850/98.

L 137/4

EN

Official Journal of the European Communities

19.5.2001

C h a p t e r 3

fishing vessels fishing for North Atlantic albacore tuna as a
target species during the period 1993 to 1995.

Restrictions on the number of vessels

Article 9

The Council, acting in accordance with the procedure laid
1.
down in Article 8(4)(i) of Regulation (EEC) No 3760/92 (1),
shall determine the number and total capacity in gross regis-
tered tonnage (GRT) of Community fishing vessels greater than
24 metres in length fishing for bigeye tuna as a target species.
These shall be fixed as the average number and the capacity in
GRT of Community fishing vessels fishing for bigeye tuna as a
target species in Area 1 during the period 1991 to 1992.

By 31 January each year at the latest Member States shall
2.
forward to the Commission a list of all vessels flying their flag
and registered in their territory which intend to fish for bigeye
tuna in Area 1 during that year.

The lists shall give the internal number allocated to each
3.
vessel in the fishing vessel register in accordance with Article 5
of Commission Regulation (EC) No 2090/98 (2).

On the basis of the information provided by the Member
4.
States in accordance with paragraphs 2 and 3 the Council
acting in accordance with the procedure laid down in Article
8(4)(ii) of Regulation (EEC) No 3760/92, may distribute among
the Member States the number and capacity in GRT deter-
mined in accordance with paragraph 1.

5.
Before 15 August each year Member States shall send the
Commission the list of fishing vessels greater than 24 metres in
length fishing for bigeye tuna as a target species. The Commis-
sion shall send this information to the ICCAT secretariat before
31 August each year.

The list referred to in paragraph 5 shall contain the

6.
following information;

— vessel name, registration number,

— previous flag, where applicable,

— international call sign, where applicable,

— vessel type,

length and GRT,

— name and address of the vessel owner(s).

2.
By 31 January each year at the latest Member States shall
forward to the Commission a list of all vessels flying their flag
and registered in their territory which intend to fish for North
Atlantic albacore tuna as a target species in Area 1 during that
year.

The lists shall give the internal number allocated to each
3.
vessel in the fishing vessel register in accordance with Article 5
of Regulation (EC) No 2090/98.

On the basis of the information sent by the Member
4.
States in accordance with paragraphs 2 and 3 the Council,
acting in accordance with the procedure laid down in Article
8(4)(ii) of Regulation (EEC) No 3760/92, may distribute among
the Member States the number of vessels determined in accord-
ance with paragraph 1.

5.
Before 15 May each year Member States shall send the
Commission the list of vessels flying their flag which carry out
directed fishing for North Atlantic albacore tuna. Until 31
December 2001 that list shall not include those fishing vessels
carrying out experimental
fishing other than by means of
drift-nets. The Commission shall send this information to the
ICCAT Secretariat before 30 May each year.

C h a p t e r 4

Other measures

Article 11

Member States may encourage the use of monofilament
streamer lines on swivels so that live blue marlins and white
marlins may be easily released.

Article 12

Notwithstanding Article 31 of Regulation (EC) No 850/98,
electric current or harpoon guns may be used to catch tuna
and basking shark (Cetorhinus maximus) in the Skagerrak and
Kattegat.

TITLE III

Article 10

TECHNICAL MEASURES APPLICABLE IN AREA 2

1.
The Council, acting in accordance with the procedure laid
down in Article 8(4)(i) of Regulation (EEC) No 3760/92, shall
determine the number of Community fishing vessels fishing for
North Atlantic albacore tuna as a target species. The number of
vessels shall be fixed as the average number of Community

(1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 1181/91 (OJ L 164, 9.6.1998, p. 1).

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

Article 13

Before 15 June each year Member States shall send the
1.
Commission the list of vessels greater than 24 metres in length
flying their flag which fished for bigeye tuna, yellowfin tuna
and skipjack tuna during the previous year in Area 2. The
Commission shall send this information to the IOTC Secretariat
before 30 June each year.

19.5.2001

EN

Official Journal of the European Communities

L 137/5

The list referred to in paragraph 1 shall contain the

2.
following information:

— vessel name, registration number,

— previous flag, where applicable,

— international call sign, where applicable,

— vessel type,

length and GRT,

— name and address of

the vessel owner, operator or

charterer.

TITLE IV

TECHNICAL MEASURES APPLICABLE IN AREA 3

Article 14

1.
Only Community fishing vessels operating under the
conditions laid down in the Agreement on the International
Dolphin Conservation Program which have been allocated a
DML shall be authorised to encircle schools or groups of
dolphins with purse seines when fishing for yellowfin tuna in
Area 3.

‘DML’ shall mean the dolphin mortality limit laid down in
the Agreement on the International Dolphin

2.
Article 5 of
Conservation Program.

Article 15

Before 15 September each year Member States shall send

1.
the Commission:

— a list of vessels flying their flag with a load capacity greater
than 363 metric tonnes (400 net
tonnes) which have
applied for a DML for the whole of the following year;

— a list of vessels flying their flag which are likely to operate

in the area in the course of the following year;

— a list of vessels flying their flag which have requested a
DML for the first or second half of the following year;

— for each vessel requesting a DML, a certificate stating that
to
the vessel had all
protect dolphins and that its captain had completed an
approved training course on rescuing and releasing
dolphins.

the proper gears and equipment

Where this examination reveals that the application does not
meet the conditions referred to in this paragraph, the Commis-
sion shall immediately inform the Member State concerned that
it cannot send all or part of an application to the Director of
the IATTC, stating its reasons.

4.
The Commission shall send each Member State the
overall DML to be distributed among the vessels flying their
flag.

Each Member State shall send the Commission the break-
5.
down of the DMLs among the vessels flying the flag of that
Member State by 15 January each year.

The Commission shall send the Director of the IATTC the
6.
list and breakdown of the DMLs between Community fishing
vessels by 1 February each year.

Article 16

The use of ancillary vessels to support vessels fishing with

1.
the aid of fish aggregating devices shall be prohibited.

2.

Transshipments at sea shall be prohibited.

TITLE V

GENERALLY APPLICABLE PROVISION

Article 17

1.
The encircling of schools or groups of marine mammals
with purse seines shall be prohibited, except in the case of the
vessels referred to in Article 14.

Paragraph 1 shall apply to every vessel flying the flag of a
in whatever

2.
Member State or registered in a Member State,
waters.

TITLE VI

FINAL PROVISIONS

Article 18

The measures necessary for the implementation of Article 3(9),
Article 5(4) and Article 6(2), shall be adopted in accordance
with the regulatory procedure referred to in Article 19(2).

Article 19

the applications for
2. Member States shall ensure that
DMLs comply with the conditions laid down in the Agreement
on the International Dolphin Conservation Program and the
conservation measures adopted by the IATTC.

3.
The Commission shall examine the lists and ensure that
they comply with the provisions of the Agreement on the
International Dolphin Conservation Program and the conserva-
tion measures adopted by the IATTC and shall send them to
the Director of the IATTC.

1.
The Commission shall be assisted by the Committee
established by Article 17 of Regulation (EEC) No 3760/92.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period provided for in Article 5(6) of Decision 1999/
468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

L 137/6

EN

Official Journal of the European Communities

19.5.2001

Article 20

Articles 24, 33 and 41 of Regulation (EC) No 850/98 and the entries in Annex XII thereto relating to

1.
bluefin tuna and swordfish shall be repealed.

Articles 3a and 5a of Regulation (EC) No 1626/94, the entries in Annex IV thereto relating to bluefin

2.
tuna and swordfish and Annex V thereto shall be repealed.

References to the above Regulations, Articles and Annexes shall be construed as references to this

3.
Regulation and shall be read in accordance with the table of equivalence in Annex V.

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

Article 21

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

Done at Brussels, 14 May 2001.

For the Council

The President

L. REKKE

19.5.2001

EN

Official Journal of the European Communities

L 137/7

ANNEX I

List of species referred to in this Regulation

— Albacore: Thunnus alalunga
— Bluefina tuna: Thunnus thynnus
— Bigeye tuna: Thunnus obesus
— Skipjack: Katsuwonus pelamis
— Atlantic bonito: Sarda sarda
— Yellowfin tuna: Thunnus albacares
— Blackfin tuna: Thunnus atlanticus
— Little tuna: Euthynnus spp.
— Southern bluefin tuna: Thunnus maccoyii
— Frigate tuna: Auxis spp.
— Oceanic sea breams: Bramidae
— Marlins: Tetrapturus spp.; Makaira spp.
— Sailfish: Istiophorus spp.
— Swordfish: Xiphias gladius
— Sauries: Scomberesox spp.; Cololabis spp.
— Dolphinfish; common dolphinfish: Coryphaena hippurus; Coryphaena equiselis
— Sharks: Hexanchus griseus; Cetorhinus maximus; Alopiidae Rhincodon typus; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae
— Cetaceans (whales and porpoises): Physeteridae; Belaenopteridae; Balenidae; Eschrichtiidae; Monodontidae; Ziphiidae;

Delphinidae.

L 137/8

EN

Official Journal of the European Communities

19.5.2001

ANNEX II

Practical arrangements referred to in Article 3(7)

1. ASSIGNMENT OF OBSERVERS

(a) In order to discharge their obligation to provide observers, Member States shall, without prejudice to Article 3(4),
appoint properly qualified and experienced personnel. In order to carry out their tasks the personnel selected must
have the following qualifications:

— sufficient experience to identify fish species and fishing gear;
— maritime navigation skills;
— a satisfactory knowledge of ICCAT conservation measures;
— the capacity to accomplish elementary scientific tasks, for example taking of samples where necessary and

making accurate observations and records in that connection;

— a satisfactory knowledge of the language of the flag Member State of the vessel being observed.

(b) Member States must take appropriate measures to ensure that observers are received on board fishing vessels at the

agreed time and place and to facilitate their departure on completion of the observation period.

2. TASKS OF OBSERVERS

The main task of observers is to monitor compliance with the ban referred to in Article 1. In particular, designated
observers will:

(a) monitor the fishing operations of the vessels concerned and record them in a report;

(b) send a report containing a summary of the observer's main findings, including the biological data collected, to the
competent authorities in the Member States concerned within 20 days following the observation period.

3. RELATIONS WITH THE MASTERS OF FISHING VESSELS

(a) The master must be given sufficient notice of the date and place at which the observer is to be received and of the

likely duration of the observation period.

(b) The master of the vessel may request a copy of the observer's report.

ANNEX III

Length of vessels (Article 5(4))

ICCAT definition of length of vessels:

— for any fishing vessel built after 18 July 1982, 96 % of the total length on a waterline at 85 % of the least moulded
depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on
that waterline, if that be greater. In ships designed with a rake of keel, the waterline on which this length is measured
shall be parallel to the designed waterline;

— for any fishing vessel built before 18 July 1982, registered length as entered on the national registers or other record

of vessels.

19.5.2001

EN

Official Journal of the European Communities

L 137/9

ANNEX IV

MINIMUM SIZES

(Article 6(1))

Species

Minimum size

Swordfish (Xiphias gladius) (1)

25 kg or 125 cm (lower mandible)

Bluefin tuna (Thunnus thynnus)

6,4 kg or 70 cm

Yellow tuna (Thunnus albacares)

Bigeye tuna (Thunnus obesus)

3,2 kg

3,2 kg

(1) This minimum size applies only to the Atlantic Ocean.

ANNEX V

TABLE OF EQUIVALENCE

(Article 20(3))

Regulation (EC) No 850/98

This Regulation

Article 24

Article 33(1)

Article 33(2)

Article 33(3)

Article 41

Annex XII relating to bluefin tuna and swordfish

Article 4

Article 17

Article 2

Article 14(1)

Article 12

Annex IV

Regulation (EC) No 1626/94

This Regulation

Article 3a

Article 5a

Annex IV relating to bluefin tuna

Annex V

Article 5

Article 5

Annex IV

Annex III