Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: Atlantic Ocean, EU waters, authorised catch, catch quota, conservation of fish stocks, fishing area, fishing controls, fishing permit, international waters, sea fish

L 344/6

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Official Journal of the European Union

20.12.2008

COUNCIL REGULATION (EC) No 1300/2008

of 18 December 2008

establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the
fisheries exploiting that stock

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

that,

Council Regulation (EC) No 2371/2002 of 20 December
2002 on the conservation and sustainable exploitation of
fisheries resources under the common fisheries policy (2)
to achieve the objective provided for
requires
therein, the Community is to apply the precautionary
approach in taking measures designed to protect and
conserve living aquatic resources, to provide for their
sustainable exploitation and to minimise the impact of
fishing activities on marine ecosystems.

Recent scientific advice from the International Council
for the Exploration of the Sea (ICES) and the Scientific,
Technical and Economic Committee for Fisheries (STECF)
indicates that the stock of herring (Clupea harengus) in the
waters to the west of Scotland is slightly overfished with
respect to the objective of maximum sustainable yield.

It is appropriate to establish a multi-annual plan with the
objective of ensuring that the stock will be exploited in
conformity with the principle of maximum sustainable
yield and under sustainable economic, environmental and
social conditions.

For this purpose,
the plan should aim at progressive
implementation of an ecosystem-based approach to
fisheries management, and should contribute to efficient
fishing activities within an economically viable and
competitive fisheries industry, providing a fair standard
of
those who depend on fishing herring
distributed to the west of Scotland and taking the
interests of consumers into account.

living for

(5)

(6)

(7)

(8)

Scientific advice from ICES and STECF indicates that the
stock of herring in the waters to the west of Scotland, if
exploited at a fishing mortality rate of 0,25 when the
stock biomass level is equal or superior to 75 000 tonnes
is less than
and of 0,2 when the stock biomass level
75 000 tonnes but equal or superior to 50 000 tonnes,
will be sustainable and this
stock will provide a
reasonably high yield.

That advice should be followed by establishing an appro­
priate method for
fixing the total allowable catches
(TACs) for herring stock in the waters to the west of
Scotland at a level consistent with an appropriate long-
term fishing mortality and with respect to the biomass
level of that fish stock.

To ensure stability with respect to the fishing opportu­
nities, it is appropriate to limit the variation in the TACs
from one year to the next when the stock biomass level
is equal or superior to 50 000 tonnes.

In order to ensure compliance with the measures laid
down in this Regulation, control measures are needed
in addition to those laid down in Council Regulation
(EC) No 1627/94 of 27 June 1994 laying down
general provisions concerning special fishing permits (3),
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (4) and Commission Regulation
(EEC) No 2807/83 of 22 September 1983 laying down
recording information on Member
detailed rules for
States′ catches of fish (5).

(1) Opinion of 4 December 2008 (not yet published in the Official

Journal).

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

(3) OJ L 171, 6.7.1994, p. 7.
(4) OJ L 261, 20.10.1993, p. 1.
(5) OJ L 276, 10.10.1983, p. 1.

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Official Journal of the European Union

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(9)

(10)

Rules should be established to qualify the multi-annual
plan introduced by this Regulation as a recovery plan
within the meaning of Article 5 of Regulation (EC)
No 2371/2002 and for the purposes of Article 21(a)(i)
of
of Council Regulation
27 July 2006 on the European Fisheries Fund (1), or as
a management plan within the meaning of Article 6 of
Regulation (EC) No 2371/2002 and for the purposes of
Article
(EC) No
1198/2006, taking into account the biomass stock level.

of Council Regulation

1198/2006

(EC) No

1(a)(iv)

and

rates

The establishment of total allowable catches, the revision
of minimum fishing mortality
certain
adjustments which have to be made to the management
and recovery plans in the light of their effectiveness and
operation constitute measures of prime importance for
the dCommon fisheries policy. It is therefore appropriate
that the Council should reserve the right to exercise im­
plementing powers directly with respect to these specific
matters,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation establishes a multi-annual plan for the fisheries
exploiting the stock of herring (Clupea harengus) in international
and Community waters of ICES zones Vb and VIb, and that part
of ICES zone VIa which lies west of the meridian of longitude
7o W and north of the parallel of latitude 55o N, or east of the
the parallel of
meridian of
latitude 56o N, excluding the Clyde (hereinafter
together
referred to as the area west of Scotland).

longitude 7o W and north of

Article 2

Definitions

For the purposes of this Regulation, the definitions laid down in
Article 3 of Regulation (EC) No 2371/2002 shall apply.
In
addition, the following definitions shall apply:

(b) ‘total allowable catch (TAC)’ means the quantity that can be

taken and landed from the stock each year;

(c)

‘VMS’ means a satellite-based Vessel Monitoring System,
within the meaning of Commission Regulation (EC) No
2244/2003 of 18 December 2003 laying down detailed
satellite-based Vessel Monitoring
provisions
Systems (3);

regarding

(d) ‘appropriate age groups’ means the ages from three to seven
years (inclusive), or other age groups identified as appro­
priate by the Scientific, Technical and Economic Committee
for Fisheries (STECF).

CHAPTER II

OBJECTIVE AND TARGETS

Article 3

Objective and targets

1.
The multi-annual plan shall ensure the exploitation of the
herring stock in the area west of Scotland on the basis of
maximum sustainable yield.

2.

The objective in paragraph 1 shall be attained by:

(a) maintaining the fishing mortality rate at 0,25 per year on
appropriate age groups when the spawning stock biomass
level is equal or superior to 75 000 tonnes;

(b) maintaining the fishing mortality rate at no more than 0,2
per year on appropriate age groups when the spawning
stock biomass level is below 75 000 tonnes but equal or
superior to 50 000 tonnes;

(c) providing for the closure of the fishery in the event that the
spawning stock biomass level falls below 50 000 tonnes.

(a)

‘ICES zones’ means
the zones as defined in Council
Regulation (EEC) No 3880/91 of 17 December 1991 on
the submission of nominal catch statistics by Member States
fishing in the North-East Atlantic (2);

3.
The objective set out in paragraph 1 shall be attained
within an annual variation in the TAC limited to 20 % or
25 % depending on the situation of the stock.

(1) OJ L 223, 15.8.2006, p. 1.
(2) OJ L 365, 31.12.1991, p. 1.

(3) OJ L 333, 20.12.2003, p. 17.

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CHAPTER III

TOTAL ALLOWABLE CATCHES

Article 4

Setting of TACs

Article 5

Special fishing permit

1.
In order to fish for herring in the area west of Scotland,
vessels shall hold a special fishing permit issued in accordance
with Article 7 of Regulation (EC) No 1627/94.

1.
Each year, the Council, acting by qualified majority on the
basis of a proposal from the Commission, shall fix for the
following year the TAC applicable to the herring stock in the
area west of Scotland, in accordance with paragraphs 2 to 6.

2. When STECF considers that the spawning stock biomass
level will be equal or superior to 75 000 tonnes in the year for
which the TAC is to be fixed, the TAC shall be set at a level
which, according to the advice of STECF, will result in a fishing
mortality rate of 0,25 per year. However, the annual variation
in the TAC shall be limited to 20 %.

that

3. When the STECF considers
the spawning stock
biomass level will be less than 75 000 tonnes but equal or
superior to 50 000 tonnes in the year for which the TAC is
to be fixed, the TAC shall be set at a level which, according to
the advice of STECF, will result in a fishing mortality rate of 0,2
per year. However, the annual variation of the TAC shall be
limited to:

(a) 20 % if the spawning stock biomass level is estimated to be
equal or superior to 62 500 tonnes but less than 75 000
tonnes;

(b) 25 % if the spawning stock biomass level is estimated to be
equal or superior to 50 000 tonnes but less than 62 500
tonnes.

4. When STECF considers that the spawning stock biomass
level will be less than 50 000 tonnes in the year for which the
TAC is to be fixed, the TAC shall be set at 0 tonnes.

5.
For the purposes of the calculation to be carried out in
accordance with paragraphs 2 and 3, STECF shall assume that
the stock experiences a fishing mortality rate of 0,25 in the year
prior to the year for which the TAC is to be fixed.

6.
By way of derogation from paragraphs 2 or 3, if STECF
considers that the herring stock in the area west of Scotland is
failing properly to recover, the TAC shall be set at a level lower
than that provided for in those paragraphs.

It shall be prohibited for any fishing vessel not holding a
2.
fishing permit as referred to in paragraph 1 to fish for, or retain
on board, any quantity of herring while the vessel is engaged on
a fishing trip that has included the presence of that vessel in the
area west of Scotland.

3.
Vessels to which the special fishing permit referred to in
paragraph 1 has been issued shall not be permitted to fish
outside the area west of Scotland during the same fishing trip.

Paragraph 3 shall not apply to vessels which transmit their
4.
catch report on a daily basis to the Fisheries Monitoring centre
of the flag Member State, as referred to in Article 3(7) of
Regulation (EEC) No 2847/93, for inclusion in its computerised
database.

5.
Each Member State shall establish and maintain a list of
vessels holding the special permit referred to in paragraph 1 and
make it available, on its official website, to the Commission and
other Member States. The vessels to which the provisions of
paragraph 4 apply shall be clearly identified on the list.

Article 6

Cross-checks

In addition to the obligations laid down in Article 19 of Regu­
lation (EEC) No 2847/93, Member States shall carry out admin­
istrative cross-checks by comparing the landing declarations, the
fishing areas and catches recorded in the logbook, catch reports
submitted in accordance with Article 5(4) of this Regulation and
VMS data. Such cross-checks shall be recorded and made
available to the Commission on request.

CHAPTER IV

FOLLOW-UP

Article 7

Revision of minimum fishing mortality rates

Where the Commission, on the basis of advice from STECF,
finds that the fishing mortality rates and associated spawning
stock biomass levels, specified in Article 3(2), are not appro­
priate to achieve the objective specified in Article 3(1), the
Council shall, on the basis of a Commission proposal, decide
by qualified majority on a revision of those biomass levels
and/or rates.

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Article 8

Evaluation and review of the multi-annual plan

1.
The Commission shall request, each year, advice from
STECF and the Pelagic Regional Advisory Council on the
achievement of the targets of the multi-annual plan. Where
the advice indicates that the targets are not being met, the
Council of
the EU shall decide by qualified majority, on a
proposal from the Commission, on additional and/or alternative
measures to ensure that the targets are met.

levels

reference

2.
At least every four years from 18 December 2008, the
Commission shall review the geographical area of application,
and the performance and
the biological
operation of the multi-annual plan. In the framework of this
review, the Commission shall seek the advice of the STECF and
of the Pelagic Regional Advisory Council. Where appropriate,
the Council of the EU shall decide by qualified majority, on a
proposal from the Commission, on appropriate adaptations to
the multi-annual plan, as regards the geographical area of appli­
cation referred to in Article 1, the biological reference levels
referred to in Article 3 or the rules for setting TACs referred
to in Article 4.

CHAPTER V

FINAL PROVISIONS

Article 9

European Fisheries Fund

Where the spawning biomass of herring is assessed by STECF to
be equal or superior to 75 000 tonnes, the multi-annual plan
shall be deemed to be a management plan within the meaning
of Article 6 of Regulation (EC) No 2371/2002 and for the
purposes
(EC) No
1198/2006. In all other cases, the multi-annual plan shall be
deemed to be a recovery plan within the meaning of Article 5
of Regulation (EC) No 2371/2002, and for the purposes of
Article 21(a)(i) of Regulation (EC) No 1198/2006.

of Regulation

of Article

21(a)(iv)

Article 10

Entry into force

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

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

Done at Brussels, 18 December 2008.

For the Council
The President

M. BARNIER