Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
Date: 2008-11-28
Institutions: Council of the European Union
Subjects: catch quota, exploitation of resources, fishery management, fishery resources, fishing area, fishing controls, fishing vessel, sea fish

31.12.2008

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 1359/2008

of 28 November 2008

fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain
deep-sea fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

fishing
stocks are harvested unsustainably, and that
opportunities for those stocks should be reduced in
order to assure their sustainability.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi­
tation of
the common fisheries
policy (1), and in particular Article 20 thereof,

resources under

fisheries

Having regard to the proposal of the Commission,

Whereas:

(1)

(2)

(3)

Under Article 4 of Regulation (EC) No 2371/2002 the
is to adopt the measures necessary to ensure
Council
access
to waters and resources and the sustainable
pursuit of fishing activities taking into account available
scientific advice and any advice received from Regional
Advisory Councils established under Article 31 of that
Regulation.

Under Article 20 of Regulation (EC) No 2371/2002, it is
incumbent upon the Council to establish fishing oppor­
tunities by fishery or group of fisheries and to allocate
them in accordance with prescribed criteria.

The latest scientific advice from the International Council
for the Exploration of the Sea (ICES) concerning certain
stocks of fish found in the deep sea indicates that those

(4)

(5)

(6)

(7)

The ICES has further advised that the exploitation rate of
orange roughy in ICES subarea VII is much too high.
Scientific advice further indicates that orange roughy in
subarea VI is heavily depleted, and areas of vulnerable
aggregations of that species have been identified. It is
therefore appropriate to prohibit
fishing for orange
roughy in those areas.

In accordance with Council Regulation (EC) No
2347/2002 of 16 December 2002 establishing specific
access requirements and associated conditions applicable
to fishing for deep-sea stocks (2), the fishing opportu­
nities for deep-sea species, as defined in Annex I
to
that Regulation, are decided on a bi-annual basis. Never­
theless, an exception is made for the stocks of greater
silver smelt and blue ling for which the fishing opportu­
nities depend on the outcome of the annual negotiations
with Norway. The fishing possibilities for those stocks
therefore remain to be established in the annual fishing
in
opportunities
December.

regulation decided by the Council

In order to ensure effective management of quotas, the
specific conditions under which fishing operations occur
should be established.

In accordance with Article 2 of Council Regulation (EC)
No 847/96 of 6 May 1996 introducing additional
conditions for year-to-year management of TACs and
quotas (3),
it is necessary to indicate which stocks are
subject to the various measures fixed therein.

(1) OJ L 358, 31.12.2002, p. 59.

(2) OJ L 351, 28.12.2002, p. 6.
(3) OJ L 115, 9.5.1996, p. 3.

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(8)

(9)

(10)

The measures provided for in this Regulation should be
fixed by reference to ICES zones as defined in Council
Regulation (EEC) No 3880/91 of 17 December 1991 on
the submission of nominal catch statistics by Member
fishing in the north-east Atlantic (1) and to
States
CECAF zones (Committee for Eastern Central Atlantic
Fisheries) as defined in Council Regulation (EC) No
2597/95 of 23 October 1995 on the submission of
nominal catch statistics by Member States fishing in
certain areas other than those of the North Atlantic (2).

for

The fishing opportunities should be used in accordance
with the Community legislation on the matter, and in
particular with Commission Regulation (EEC) No
2807/83 of 22 September 1983 laying down detailed
recording information on Member States’
rules
fish (3), Commission Regulation (EEC) No
catches of
1381/87 of 20 May 1987 establishing detailed rules
concerning the marking and documentation of fishing
vessels (4), Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing
system
applicable to the common fisheries policy (5), Council
Regulation (EC) No 1627/94 of 27 June 1994 laying
down general provisions
fishing
permits (6), Council Regulation (EC) No 850/98 of
30 March 1998 for
fishery
the
resources through technical measures for the protection
of juveniles of marine organisms (7), Regulation (EC) No
2347/2002 and Council Regulation (EC) No 2187/2005
of 21 December 2005 for the conservation of fishery
resources through technical measures in the Baltic Sea,
the Belts and the Sound (8).

concerning special

conservation of

control

a

to ensure
it

the
is important

livelihood of Community
In order
fishermen,
to open these fisheries on
1 January 2009. Given the urgency of the matter, it is
imperative to grant an exception to the six-week period
referred to in point I(3) of the Protocol on the role of
national parliaments in the European Union, annexed to
the Treaty on European Union and to the Treaties estab­
lishing the European Communities,

Article 2

Definitions

For the purposes of

‘deep-sea fishing
1.
permit’ means the fishing permit referred to in Article 3 of
Regulation (EC) No 2347/2002.

this Regulation,

The definitions of ICES and CECAF zones are those given,
in Regulation (EEC) No 3880/91 and Regulation

2.
respectively,
(EC) No 2597/95.

Article 3

Fixing of fishing opportunities

Fishing opportunities
Community vessels are fixed as set out in the Annex.

stocks of deep-sea

for

species

for

Article 4

Allocation among Member States

The allocation of fishing opportunities among Member States
provided for in the Annex shall be without prejudice to:

(a) exchanges made pursuant to Article 20(5) of Regulation

(EC) No 2371/2002;

(b) reallocations made pursuant to Articles 21(4) and 32(2) of
Regulation (EEC) No 2847/93 and Article 23(4) of Regu­
lation (EC) No 2371/2002;

(c) additional landings allowed pursuant to Article 3 of Regu­

lation (EC) No 847/96;

HAS ADOPTED THIS REGULATION:

(d) quantities withheld pursuant to Article 4 of Regulation (EC)

No 847/96;

Article 1

Subject-matter

This Regulation fixes for the years 2009 and 2010 the annual
fishing opportunities available to Community fishing vessels for
stocks of deep-sea species in Community waters and in certain
non-Community waters where catch limitations are required,
and the specific conditions under which such fishing opportu­
nities may be used.

(1) OJ L 365, 31.12.1991, p. 1.
(2) OJ L 270, 13.11.1995, p. 1.
(3) OJ L 276, 10.10.1983, p. 1.
(4) OJ L 132, 21.5.1987, p. 9.
(5) OJ L 261, 20.10.1993, p. 1.
(6) OJ L 171, 6.7.1994, p. 7.
(7) OJ L 125, 27.4.1998, p. 1.
(8) OJ L 349, 31.12.2005, p. 1.

(e) deductions made pursuant to Article 5 of Regulation (EC)
No 847/96 and Article 23(4) of Regulation (EC) No
2371/2002.

Article 5

Quota flexibility

For the purposes of Regulation (EC) No 847/96, all quotas in
the Annex to the present Regulation shall be considered
‘Analytical’ quotas.

However, the measures provided for in Article 5(2) of Regu­
lation (EC) No 847/96 shall not apply to those quotas.

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Article 6

Conditions for landing catch and by-catch

1.
Fish from stocks for which fishing opportunities are fixed
by this Regulation may be retained on board or landed only if
they were taken by vessels of a Member State which has a quota
which is not exhausted. All
landings shall count against the
quota.

scientific investigations carried out

Paragraph 1 shall not apply to catches taken in the course
2.
of
in accordance with
Article 43 of Regulation (EC) No 850/98. Such catches shall
not count against the quota.

Article 7

Orange roughy

Fishing for orange roughy shall be prohibited in the

1.
following sea areas:

(a)

that sea area enclosed by rhumb lines sequentially joining
the following positions:

57°00′ N, 11°00′ W

57°00′ N, 8°30′ W

56°23′ N, 8°30′ W

55°00′ N, 8°30′ W

55°00′ N, 11°00′ W

57°00′ N, 11°00′ W;

(b) that sea area enclosed by rhumb lines sequentially joining

the following positions:

55°30′ N, 15°49′ W

53°30′ N, 14°11′ W

50°30′ N, 14°11′ W

50°30′ N, 15°49′ W;

(c)

that sea area enclosed by rhumb lines sequentially joining
the following positions:

55°00′ N, 13°51′ W

55°00′ N, 10°37′ W

54°15′ N, 10°37′ W

53°30′ N, 11°50′ W

53°30′ N, 13°51′ W.

Those positions and the corresponding rhumb lines and vessel
positions shall be measured according to the WGS84 standard.

Vessels holding a deep-sea fishing permit

2.
that have
entered the areas defined in paragraph 1 shall not retain on
board or tranship any quantity of orange roughy, nor land any
quantity of orange roughy at the end of that fishing trip unless:

(a) all gears carried on board are lashed and stowed during the
in accordance with the conditions laid down in

transit
Article 20(1) of Regulation (EEC) No 2847/93; or

(b) the average speed during transit is equal to, or greater than,

8 knots.

3. Member States shall ensure that vessels holding a deep-sea
fishing permit are properly monitored by the Fisheries Moni­
toring Centres (FMC), which shall have a system to detect and
record the vessels’ entry into, transit through and exit from the
areas defined in paragraph 1.

Article 8

Entry into force

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

It shall apply from 1 January 2009.

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

Done at Brussels, 28 November 2008.

For the Council
The President

M. BARNIER

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ANNEX

PART 1

Definition of Species and Species Groups

1. In the list set out in part 2 of this Annex, fish stocks are referred to following the alphabetical order of the Latin
names of the species. However, deep-sea sharks are placed at the beginning of that list. A table of correspondences of
common names and Latin names is given below for the purposes of this Regulation:

Common name

Black scabbardfish

Alfonsinos

Roundnose grenadier

Orange roughy

Blue ling

Red seabream

Forkbeards

Scientific name

Aphanopus carbo

Beryx spp.

Coryphaenoides rupestris

Hoplostethus atlanticus

Molva dypterygia

Pagellus bogaraveo

Phycis blennoides

2. For the purposes of this Regulation, ‘deep-sea sharks’, means the following list of species:

Common name

Iceland catshark

Gulper shark

Leafscale gulper shark

Portuguese dogfish

Scientific name

Apristuris spp.

Centrophorus granulosus

Centrophorus squamosus

Centroscymnus coelolepis

Longnose velvet dogfish

Centroscymnus crepidater

Black dogfish

Birdbeak dogfish

Kitefin shark

Greater lanternshark

Velvet belly

Blackmouth dogfish

Mouse catshark

Greenland shark

Centroscyllium fabricii

Deania calceus

Dalatias licha

Etmopterus princeps

Etmopterus spinax

Galeus melastomus

Galeus murinus

Somniosus microcephalus

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Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species
and by area (in tonnes live weight)

All references are to ICES subareas and/or divisions unless otherwise stated.

PART 2

Species:

Deep-sea sharks

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of V, VI, VII, VIII and IX
(DWS/56789-)

Year

Germany
Estonia
Ireland
Spain
France
Lithuania
Poland
Portugal
United Kingdom

EC

2009 (1)

2010 (2)

20
1
55
93
339
1
1
127
187

824

0
0
0
0
0
0
0
0
0

0

(1) By-catches only. No directed fisheries for deep-sea sharks are permitted.
(2) By-catches of up to 10 % of 2009 quotas are permitted.

Species:

Deep-sea sharks

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of X (DWS/10-)

Year

Portugal
EC

2009 (1)

2010 (2)

10
10

0
0

(1) By-catches only. No directed fisheries for deep-sea sharks are permitted.
(2) By-catches of up to 10 % of 2009 quotas are permitted.

Deep-sea sharks and Deania histricosa and Deania
profondorum

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of XII (DWS/12-)

Species:

Year

Ireland
Spain
France
United Kingdom
EC

2009 (1)

2010 (2)

1
17
6
1
25

0
0
0
0
0

(1) By-catches only. No directed fisheries for deep-sea sharks are permitted.
(2) By-catches of up to 10 % of 2009 quotas are permitted.

Species:

Black scabbardfish
Aphanopus carbo

Zone:

Year

Germany
France
United Kingdom
EC

2009

2010

4
4
4
12

4
4
4
12

Community waters and waters not under the sovereignty
or
III and IV
third countries of
(BSF/1234-)

jurisdiction of

II,

I,

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Species:

Black scabbardfish
Aphanopus carbo

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of V, VI, VII and XII
(BSF/56712-)

Year

Germany

Estonia

Ireland

Spain

France

Latvia

Lithuania

Poland

United Kingdom

Others (1)

EC

2009

2010

32

15

78

156

2 189

102

1

1

156

8

2 738

29

14

73

145

2 036

95

1

1

145

8 (1)

2 547

(1) By-catches only. No directed fisheries are permitted under this quota.

Species:

Black scabbardfish
Aphanopus carbo

Zone:

Year

Spain
France
Portugal
EC

2009

11
28
3 561
3 600

2010

11
26
3 311
3 348

Community waters and waters not under the sovereignty
or
IX and X
(BSF/8910-)

third countries of VIII,

jurisdiction of

Species:

Black scabbardfish
Aphanopus carbo

Zone:

Community waters and waters not under the sovereignty
or
third countries of CECAF 34.1.2.
(BSF/C3412-)

jurisdiction of

Year

Portugal
EC

2009

4 285
4 285

2010

4 285
4 285

Species:

Alfonsinos
Beryx spp.

Year

Ireland

Spain

France

Portugal

United Kingdom

EC

2009

2010

10

74

20

214

10

328

10

74

20

214

10

328

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of III, IV, V, VI, VII, VIII,
IX, X, XII and XIV (ALF/3X14-)

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Species:

Roundnose grenadier
Coryphaenoides rupestris

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of
IV and Va
third countries of
(RNG/1245A-)

II,

I,

Year

Denmark
Germany
France
United Kingdom
EC

Species:

Roundnose grenadier
Coryphaenoides rupestris

Year

Denmark
Germany
Sweden
EC

2009

2010

2
2
11
2
17

2009

804
5
41
850

2
2
11
2
17

2010

804
5
41
850

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of III (RNG/03-)

Species:

Roundnose grenadier
Coryphaenoides rupestris

Zone:

Community waters and waters not under the sovereignty
or
third countries of Vb, VI, VII
(RNG/5B67-)

jurisdiction of

Year

Germany
Estonia
Ireland
Spain
France
Lithuania
Poland
United Kingdom
Others (2)
EC

2009 (1)

2010 (1)

7
57
254
63
3 222
74
37
189
7
3 910

6
49
216
54
2 738
63
32
160
6
3 324

(1) A maximum of 8 % of each quota may be fished in Community waters and waters not under the sovereignty or jurisdiction of third

countries of VIII, IX, X, XII and XIV.

(2) By-catches only. No directed fisheries are permitted under this quota.

Species:

Roundnose grenadier
Coryphaenoides rupestris

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of VIII, IX, X, XII and XIV
(RNG/8X14-)

Year

Germany
Ireland
Spain
France
Latvia
Lithuania
Poland
United Kingdom
EC

2009 (1)

2010 (1)

34
7
3 734
172
60
7
1 168
15
5 197

34
7
3 734
172
60
7
1 168
15
5 197

(1) A maximum of 8 % of each quota may be fished in Community waters and waters not under the sovereignty or jurisdiction of third

countries of Vb, VI, VII.

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Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of VI (ORY/06-)

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of VII (ORY/07-)

Orange roughy
Hoplostethus atlanticus

Species:

Year

2009

2010

Ireland
Spain
France
United Kingdom
EC

2
2
11
2
17

0
0
0
0
0

Orange roughy
Hoplostethus atlanticus

Species:

Year

2009

2010

Ireland
Spain
France
United Kingdom
Others
EC

15
0
50
0
0
65

0
0
0
0
0
0

Species:

Orange roughy
Hoplostethus atlanticus

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of I, II, III, IV, V, VIII, IX,
X, XII and XIV (ORY/1CX14C)

Year

Ireland
Spain
France
Portugal
United Kingdom
EC

2009

2010

2
1
9
2
1
15

0
0
0
0
0
0

Blue ling
Molva dypterygia

Species:

Year

2009

2010

Denmark
Germany
Ireland
France
United Kingdom
Others
EC

5
5
5
28
18
5
66

4
4
4
25
15

4 (1)

56

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of II, IV and V (BLI/245-)

(1) By-catches only. No directed fisheries are permitted under this quota.

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Species:

Blue ling
Molva dypterygia

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of III (BLI/03-)

Year

Denmark
Germany
Sweden
EC

2009

2010

5
3
5
13

4
3
4
11

Species:

Red seabream
Pagellus bogaraveo

Zone:

Community waters and waters not under the sovereignty
or
third countries of VI, VII and VIII
(SBR/678-) (1)

jurisdiction of

Year

Ireland
Spain
France
United Kingdom
Others
EC

2009

2010

7
204
10
25
7
253

6 (2)
172 (2)
9 (2)
22 (2)

6 (2) (3)

215

(1) A minimum landing size of 30 cm (total length) shall be respected in 2009 and 35 cm (total length) in 2010. However, in 2010, 15 %

of fish landed may have a minimum landing size of at least 30 cm (total length).

(2) Up to 10 % of the 2010 quotas may be taken in December 2009.
(3) By-catches only. No directed fisheries are permitted under this quota.

Species:

Year

Spain
Portugal
EC

Red seabream
Pagellus bogaraveo

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of IX (SBR/09-) (1)

2009

722
196
918

2010 (2)

614
166
780

(1) A minimum landing size of 30 cm (total length) shall be respected in 2009 and 35 cm (total length) in 2010. However, in 2010, 15 %

of fish landed may have a minimum landing size of at least 30 cm (total length).

(2) Up to 10 % of the 2010 quotas may be taken in December 2009.

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of X (SBR/10-)

Red seabream
Pagellus bogaraveo

Species:

Year

Spain
Portugal
United Kingdom
EC

2009

10
1 116
10
1 136

2010

10 (1)
1 116 (1)
10 (1)
1 136 (1)

(1) Up to 10 % of the 2010 quotas may be taken in December 2009.

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Species:

Forkbeards
Phycis blennoides

Zone:

Community waters and waters not under the sovereignty
or
III and IV
third countries of
(GFB/1234-)

jurisdiction of

II,

I,

2009

2010

9
9
13
31

2009

10
260
588
356
814
2 028

2009

242
15
10
267

9
9
13
31

2010

10
260
588
356
814
2 028

2010

242
15
10
267

Zone:

Community waters and waters not under the sovereignty
or
third countries of V, VI and VII
(GFB/567-)

jurisdiction of

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of VIII and IX (GFB/89-)

Year

Germany
France
United Kingdom
EC

Species:

Forkbeards
Phycis blennoides

Year

Germany
Ireland
Spain
France
United Kingdom
EC

Forkbeards
Phycis blennoides

Species:

Year

Spain
France
Portugal
EC

Species:

Year

Forkbeards
Phycis blennoides

Zone:

Community waters and waters not under the sovereignty
or jurisdiction of third countries of X and XII (GFB/1012-)

France
Portugal
United Kingdom
EC

2009

2010

9
36
9
54

9
36
9
54