Council Regulation (EC) No 2256/2002 of 16 December 2002 amending, for the second time, Regulation (EC) No 2555/2001 fixing for 2002 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 in catch are required
Date: 2002-12-16
Institutions: Council of the European Union
Subjects: Community fisheries, EU waters, catch quota, conservation of fish stocks, fishery resources, fishing area, fishing regulations, third country

18.12.2002

EN

Official Journal of the European Communities

L 343/19

COUNCIL REGULATION (EC) No 2256/2002

of 16 December 2002

amending, for the second time, Regulation (EC) No 2555/2001 fixing for 2002 the fishing opportu-
nities and associated conditions for certain fish stocks and groups of fish stocks, applicable in
Community waters and, for Community vessels, in waters where limitations in catch are required

THE COUNCIL OF THE EUROPEAN UNION,

(7)

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), and in particular Article 8(4) thereof,

Having regard to the proposal from the Commission,

In order to ensure the livelihood of Community fish-
ermen, it is important to apply these provisions before
31 December 2002. Given the urgency of the matter, it
is imperative to grant an exception to the six-week
period mentioned in paragraph I(3) of the Protocol on
the role of national Parliaments of the European Union,
annexed to the Treaty on European Union and to the
Treaties establishing the European Communities,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

The International Baltic Sea Fishery Commission (IBSFC)
adopted a Recommendation on 7 June 2002 to increase
the TAC for herring in Management Unit 3 during
2002.

A definitive catch limitation for capelin in the North
Atlantic has been fixed and, consequently, the definitive
Community catch quota for this stock within the waters
of Greenland should be fixed.

(3) Within the framework of the Agreed Record of conclu-
sions of fisheries consultations between the European
Community and the Faroe Islands of 14 December 2001
the European Community has decided not to give the
Faroe Islands access to fishery for blue whiting in the
Community waters. Following that decision an imbal-
ance in the fishing possibilities in favour of the Commu-
nity has occurred, which should be corrected by the
Community reducing its fishing possibilities for redfish
and flatfish in zone Vb (Faroese waters).

(4)

(5)

Cod and haddock should be covered by the by-catch
provisions for Norway lobster in the Skagerrak and in
the Kattegat.

The Inter-American Tropical Tuna Commission (IATTC)
adopted, at
its annual meeting in June 2002, catch
limitations for yellowfin tuna; although the Community
is not a member of this organisation, it is necessary to
implement those catch limitations to ensure sustainable
management of this fish resource.

Article 1

Regulation (EC) No 2555/2001 is amended as follows:

1. Annex 1A is amended in accordance with Annex I to this

Regulation.

2. Annex 1C is amended in accordance with Annex II to this

Regulation.

3. In Annex V, entry 7(d) shall read:

‘(d) When fishing for Norway lobster with a mesh size of
70 to 89 mm, the by-catches should not exceed 60 %
for the following species: cod, haddock, hake, plaice,
witch,
flounder, megrim,
turbot, brill,
whiting, dab, saithe and lobster.’

lemon sole,

4. In Annex V, the following point is added:

‘10. Purse seines in the Eastern Pacific Ocean (Regula-
tory Area of the Inter-American Tropical Tuna
Commission (IATTC))

All fishing for Yellowfin Tuna (Thunnus albacora) and
Bigeye Tuna (Thunnus obesus) shall be prohibited from
1 December to 31 December 2002, within the area
bounded by the following coordinates:

— the Pacific coastlines of the Americas,

(6)

Regulation (EC) No 2555/2001 (2) should therefore be
amended accordingly.

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

tion (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).

(2) OJ L 347, 31.12.2001, p. 1. Regulation as amended by Regulation

(EC) No 1811/2002 (OJ L 276, 12.10.2002, p. 1).

— longitude 150° W,

— latitude 40° N,

— latitude 40° S.

L 343/20

EN

Official Journal of the European Communities

18.12.2002

As of the date of application of this Regulation purse
seiners fishing for tuna in the Regulatory Area of the
Inter-American Tropical Tuna Commission shall retain
on board all the bigeye, skipjack and yellowfin tuna
caught,
for human
consumption for reasons other than size, in order to
provide a disincentive to the capture of these small fish.
A single exception shall be the final set of a trip, when
there may be insufficient well space remaining to
accommodate all the tuna caught in that set.

fish considered unfit

except

Purse seine vessels shall promptly release unharmed, to
the extent practicable, all sea turtles, sharks, billfishes,
rays, mahi-mahi and other non-target species. Fish-
ermen are encouraged to develop and use techniques
and equipment to facilitate the rapid and safe release of
any such animals.

to encircled or

following specific measures

The
entangled sea turtles shall apply:
— whenever a sea turtle is sighted in the net, all
reasonable efforts should be made to rescue the
turtle before it becomes entangled in the net,
including, if necessary, the deployment of a speed-
boat,

— if a turtle is entangled in the net, net roll should
stop as soon as the turtle comes out of the water
and should not start again until the turtle has been
disentangled and released,

— if a turtle is brought on board a vessel, all appro-
priate methods to assist in the recovery of the turtle
should be made before returning it to the water,

— tuna-fishing

vessels

shall be prohibited from
disposing of salt bags or any other type of plastic
rubbish at sea.’

Article 2

This Regulation shall enter into force on the day of its publica-
tion 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, 16 December 2002.

For the Council

The President

M. FISCHER BOEL

18.12.2002

EN

Official Journal of the European Communities

L 343/21

In Annex 1A to Regulation (EC) No 2555/2001, the entry concerning the species Herring in zone ‘Management Unit 3’ is
replaced by the following:

ANNEX I

Zone: Management Unit 3

Species: Herring

Clupea harengus

Finland
Sweden
EC

TAC

52 471
11 529
64 000

64 000

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Sweden

III b, c and d, except Management Unit 3

8 000

L 343/22

EN

Official Journal of the European Communities

18.12.2002

ANNEX II

In Annex 1C to Regulation (EC) No 2555/2001, the entries concerning the species Capelin in zone V, XIV (Greenland
waters), the species Redfish in zone Vb (Faroese waters) and Flatfish in zone Vb (Faroese waters) are replaced by the
following:

Species: Capelin

Mallotus villosus

Zone: V, XIV (Greenland waters)

All Member States
EC

TAC

49 285
95 985 (1)

Not relevant

(1) Of which 6 700 tonnes are allocated to Norway, 30 000 tonnes to
Iceland and 10 000 tonnes to the Faroe Islands. The Community share
represents 70 % of the Greenland share of the TAC for capelin.

Species: Redfish

Sebastes spp.

Zone: Vb (Faroese waters)

Belgium
Germany
France
United Kingdom
EC

15
1 932
131
22
2 100

TAC

Not relevant

Species: Flatfish

Germany
France
United Kingdom
EC

98
77
373
548 (1)

TAC

Not relevant

Zone: Vb (Faroese waters)

(1) Including Greenland halibut.