L 28/18
EN
Official Journal of the European Union
31.1.2023
Article 10 Fishing effort limits in ICES division 7e 1.
For the period referred to in point (b) of Article 1(2), the technical aspects of the rights and obligations for the management of the sole stock in ICES division 7e are set out in Annex II. 2.
At the request of a Member State in accordance with point 7.4 of Annex II, the Commission may adopt an implementing act by which it allocates to that Member State a number of days at sea in addition to those referred to in point 5 of Annex II, on which it may authorise a fishing vessel under its flag to be present in ICES division 7e when carrying on board any regulated gear.
The Commission shall adopt that implementing act in accordance with the examination procedure referred to in Article 57(2). 3.
At the request of a Member State, the Commission may adopt an implementing act by which it allocates to that Member State a maximum of three days between 1 February 2023 and 31 January 2024, in addition to those referred to in point 5 of Annex II, on which a fishing vessel may be present in ICES division 7e on the basis of an enhanced programme of scientific observer coverage, as referred to in point 8.1 of Annex II.
It shall make such an allocation on the basis of the description submitted by that Member State in accordance with point 8.3 of Annex II and following consultation with the STECF.
That implementing act shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 11 Measures on European seabass fisheries in ICES divisions 4b, 4c and 6a and ICES subarea 7 1.
It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass (Dicentrarchus labrax) in ICES divisions 4b and 4c and in ICES subarea 7 or to retain on board, tranship, relocate or land European seabass caught in that area. 2.
The prohibition set out in paragraph 1 shall not apply to by-catches of seabass in shore-based commercial netting activities.
This exemption applies to historic numbers of beach nets set at pre-2017 levels.
Shore-based commercial netting activities shall not target seabass and only unavoidable by-catches of seabass may be landed. 3.
By way of derogation from paragraph 1, in January 2023 and from 1 April to 31 December 2023, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h may fish for, retain on board, tranship, relocate or land European seabass caught in that area with the following gear and within the following limits: (a) using demersal trawls (33), for unavoidable by-catches not exceeding 3.8 tonnes per fishing vessel and per year and 5 % of the weight of the total catches of marine organisms on board caught by the fishing vessel concerned per fishing trip; (b) using seines (34), for unavoidable by-catches not exceeding 3,8 tonnes per fishing vessel and per year and 5 % of the weight of the total catches of marine organisms on board caught by the fishing vessel concerned per fishing trip; (c) using hooks and lines (35), not exceeding 6,2 tonnes per fishing vessel; (d) using fixed gillnets (36), for unavoidable by-catches not exceeding 1,6 tonnes per fishing vessel.
The derogations set out in the first subparagraph, point (c), shall apply to Union fishing vessels that have recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to 30 September 2016.
(33) (34) (35) (36)
All types of demersal trawls (OTB, OTT, PTB, TBB, TBN, TBS and TB).
All types of seines (SSC, SDN, SPR, SV, SB and SX).
All long lines or pole and line or rod and line fisheries (LHP, LHM, LLD, LL, LTL, LX and LLS).
All fixed gillnets and traps (GTR, GNS, GNC, FYK, FPN and FIX).