CELEX: 51993PC0663
Language: en
Date: 1993-12-15
Title: Proposal for a COUNCIL REGULATION (EC) fixing management objectives and strategies for certain fisheries or groups of fisheries for the period 1994-1997

UP""                 COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                   C0M(93) 663 final
                                                                  Brussels, 15 December 1993
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                                                  Proposal for a
                                            COUNCIL REGULATION (EC)
                           fixing management objectives and strategies for certain fisheries
                                  or groups of fisheries for the period 1994 to 1997
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                                         (presented by the Commission)
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 ---pagebreak---                               EXPLANATORY MEMORANDUM
This proposal for a Council Regulation aims at setting out, for certain fisheries or groups of
fisheries, management objectives and the strategies appropriate to their attainment for the
period 1993 to 1997. This task falls exclusively within the competence of the Community and
arises from obligations set out in Article 8(3) of Regulation (EEC) No 3760/92 of the Council
of 20 December 19921.
The proposal reflects the advice given repeatedly by scientists as regards rebuilding certain
stocks which are in a very poor state, such as roundfish. However, the necessity of a
piecemeal implementing of measures was also considered in order not to put excessive
burdens on the fishing industry, allowing for a progressive adaptation to the new situation.
 For those stocks which are in a safer state, the objectives are to prevent an expected
deterioration if fishing effort is allowed to grow beyond certain limits. The corresponding
 strategies are set in such a way that priority is given to a stability of fishing effort. In certain
cases (fisheries for Nephrops), the strategy adopted should progressively lead to a direct
 monitoring of fishing effort. Whenever possible and desirable, a progressive implementation
 of management tools on a multiannual basis is also considered.
 In every case a special attention is payed to the protection of juvenile fish. This protection
 should be considered as an investment which will yield benefits in the mid term, when fish
become adult and join the stock of spawners to contribute to replenish the fishable stock.
 A follow-up system to monitor the developments during the 4-year period is also proposed.
This will allow to make adjustments of the strategies if it proves necessary to warrant the
 achievement of the objectives adopted for the period.
         1
           O.J. No L389, 31.12.1992, p.l
•tnlety/e/m/inr
 ---pagebreak---                               COUNCIL REGULATION (EC) No
                                   of          December 1993
                 fixing management objectives and strategies for certain fisheries
                        or groups of fisheries for the period 1994 to 1997
THE COUNCIL OF THE EUROPEAN UNION,
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 aquaculture1, and in particular Article 8(3) thereof,
Having regard to the proposal from the Commission2,
Having regard to the opinion of the European Parliament3,
Having regard to the opinion of the Economic and Social Committee4,
Whereas it is necessary to establish the principles and certain procedures of fishery
management at the Community level, so that Member States can ensure the management of
the fleets under their flag or jurisdiction;
Whereas Article 4 of Regulation (EEC) No 3760/92 requires the Council to formulate, in the
light of the available scientific advice and, in particular, of the report prepared by the
          1
                   OJ No L 389, 31.12.1992, p. 1
          2
                   OJ No
          3
                   Opinion delivered on
          4
                   Opinion delivered on
str»t«gy/r/«n/«r
 ---pagebreak--- Scientific, Technical and Economic Committee for Fisheries, the conservation measures
necessary to achieve the aims set out in Article 1 of that Regulation;
Whereas Article 8 (2) and (3) of Regulation (EEC) No 3760/92 requires the Council, if it
becomes necessary to restrict the exploitation rates for certain fisheries or groups of fisheries,
to establish management objectives, on a multiannual basis, in relation to the specific nature
of the resources concerned; whereas management strategies tailored to achieve those
objectives should also be established by the Council;
Whereas, in the case of fisheries targetting resources which are managed jointly with third
countries, the Community must take into account the commitments entered into with them;
Whereas the Community has signed the United Nations Convention on the Law of the Sea,
which contains principles and rules relating to the conservation and management of the living
resources of the sea;
 Whereas the present state of knowledge does not alow for further development of management
 measures on a multispecies basis; whereas the approch to pluriannual management giving the
 necessary flexibility to the fishing industry can be initiated in certain cases with appropriate
 control measures;
 Whereas, in accordance with Article 39(2) (b) of the Treaty, account should be taken of the
 need to effect the appropriate adjustments by degrees,
 HAS ADOPTED THIS REGULATION:
                                             Article J
 For certain fisheries or groups of fisheries, the management objectives and the management
 strategies by which they should be achieved, for the period 1994 to 1997, shall be as set out
 in Annexes I and II.
 str»t«gy/r/*n/ar
 ---pagebreak--- In the case of certain joint stocks for which management is agreed with third countries, those
management objectives and strategies shall constitute the basis for a Community position
during the relevant consultations on mutual fishing rights.
                                            Article 2
The Commission shall report to the Council, before 31 October 1996, in the light of the
scientific evidence then available, on the performance of the strategies as regards the degree
of achievement of management objectives.
Where appropriate, that report shall contain proposals to the Council for the updating of the
strategies in order to ensure the achievement of the management objectives by 31 December
1997.
The Council shall decide upon those proposals before 31 December 1996 in accordance with
Article 8(3) of Regulation (EEC) No 3760/92.
                                            Article 3
This Regulation shall enter in force on the day of its publication in the OfficialJoumalofthe
European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,     December 1993.
                                                                               For the Council
                                                                                 The President
strategy/r/«n/ar
 ---pagebreak---                                                         ANNEX I
        MANAGEMENT OBJECTIVES FOR CERTAIN FISHERIES OR GROUPS OF
                              FISHERIES FOR THE PERIOD 1994 to 1997.
n DEMERSAL FISHERIES IN REGION 2.*
 1.1. Cod and haddock in the North Sea * and saithe in the North Sea and in the Skagerrak and
Kattegat :
Objectives:      a) reduce fishing mortality rates by 30% from its current level, and
                 b) maintain or rebuild the spawning stock biomasses to 100 000 t (cod),
                  100 000 t (haddock) and 100 000 t (saithe).
 1.2. Cod in the Skagerrak and the Kattegat:
 Objectives:     a) reduce fishing mortality rates by 30% from its current level, and
                 b) rebuild the spawning stock biomasses to 20 000 t (cod in the Skagerrak) and
                  10 000 t (cod in the Kattegat).
                 The d e f i n i t i o n of t h e ICES and CECAF a r e a s r e f e r r e d t o i n t h i s
                 Regulation i s given i n Commission communications 85/C 347/05 (OJ
                 No 347, 31.12.1985, p . 14) and 85/C 335/02 (OJ No C 335,
                 24.12.1985) r e s p e c t i v e l y
                 For t h e purposes of t h i s Regulation, t h e North Sea s h a l l comprise
                 ICES subarea IV and t h a t p a r t of ICES d i v i s i o n I l i a which i s not
                 covered by t h e d e f i n i t i o n of t h e Skagerrak as given below:
                 For t h e purposes of t h i s Regulation, t h e Skagerrak i s bounded on
                 the west by a l i n e drawn from t h e Hanstholm l i g h t h o u s e and on t h e
                 south by a l i n e drawn from t h e Skagen l i g h t h o u s e t o t h e T i s t l a r n a
                 l i g h t h o u s e and from t h i s p o i n t t o t h e n e a r e s t p o i n t on t h e
                 Swedish c o a s t .
                 For t h e purposes of t h i s r e g u l a t i o n , t h e Kattegat i s bounded on
                 the North by a l i n e drawn from t h e Skagen l i g h t h o u s e t o t h e
                 T i s t l a r n a l i g h t h o u s e and from t h i s p o i n t t o t h e n e a r e s t p o i n t on
                 the Swedish c o a s t and i n t h e south by a l i n e drawn from Hasenore
                 t o Gnibens Spids, from Korshage t o Spodsberg and from G i l b j o r g
                 Hoved t o Kullen.
strateqy/r/en/mr
 ---pagebreak--- 1 J . Cod, haddock, saithe, and whiting in the West of Scotland (ICES subaiea VI):
Objectives:      a) reduce fishing mortality rates by 30% from its current level, and
                 b) maintain or rebuild the spawning stock biomasses to 30 000 t (cod),
                 45 000 t (haddock), 25 000 t (saithe) and 25 000 t (whiting).
1.4. Cod and whiting in the Irish Sea (ICES division Vila):
Objectives:      a) reduce fishing mortality rates by 30% from its current level.
                 b) maintain or rebuild the spawning stock biomassess to 8 000 t (cod) and
                 10 000 t (whiting).
1.5. Nephrops (all stocks):
Objectives:      a) prevent increases in fishing effort.
1.6. Sole and plaice in the North Sea (ICES Su bare a IV):
Objectives:      a)   achieve or maintain fishing mortality rates below 1.25 times the value of
                      Fm«> and
                 b)   achieve or maintain spawning stock biomasses above 35 000 t (sole) and
                      350 000 t (plaice).
1.7. All other demersal stocks for which analytical assessments (of the ''type yield per
recruit") can currentiy be carried out:
Objectives:      a) keep fishing mortality rates below 1.25 times the value of Fmax
1.8. All other demersal stocks
Objective:       a) prevent fishing effort to increase
                                                 5
9trategy/r/«n/ar
 ---pagebreak--- » PELAGIC FISHERIES IN REGION 2
2.1. Sprat in the Skagerrak and the Kattegat:
Objective:       a)   Achieve and consolidate a directed fishery on sprat with a by-catch of
                      protected species lower than 10%.
2.2. Western mackerel (as considered by ICES Advisoiy Committee for Fisheries Management
(ACFM). This includes mackerel from ICES Divisions V m a,b):
Objective:       a) keep the spawning stock biomass above 1 800 000 t
23. North Sea herring:
 Objectives:     a) maintain the spawning stock biomass SSB above 800 000 t„ and
                 b) maintain fishing mortality rate below 0.4.
 2.4. Other herring stocks:
 Objectives:     a) maintain or decrease fishing mortality rates below 0.4.
2.5. Industrial fisheries in the North Sea (Subarea IV) and in the Skagerrak and Kattegat
(ICES Division ma)
Objectives:      a) prevent increases in fishing effort.
strategy/r/en/mr
 ---pagebreak--- 3. PEMEftgAL FISHERIES IN REQIQN ?
3.1. Hake
Objective:       a) reduce or maintain fishing mortality rates below 1.25 times the value of Fmax.
                 b) increase and maintain the spawning stock biomass above its mean for the
                 period 1978-1988.
3.2. All other demersal stocks for which analytical assessments (of the 'type yield per
recruit") can be carried out:
Objectives:      a) reduce or maintain fishing mortality rates below 1.25 times the value of Froax.
*• PELVIC FISHERIES IN REQIQN ?
4.1. Anchovy in ICES Subarea VIII
Objective:       a) keep the spawning stock biomass above 15 000 t.
5 MEDITERRANEAN FISHERIES
5.1. Anchovy
Objective:       a) prevent increases in fishing effort.
6 DEEPWATER SPECIES IN AU. REGIONS
6.1. Greenland halibut, orange roughy, grenadiers, sharks, redfish, scabbardfishand deepwater
Crustacea.
Objective:       a) prevent increases in fishing effort.
                                                 7
atrategy/r/«n/mr
 ---pagebreak---                                             ANNEX II
     STRATEGIES TO ACHIEVE MANAGEMENT OBJECTIVES SET OUT FOR THE
                                        PERIOD 1994-1997
L Strategies applicable to roundfish (including hake)
1.1. Establish an.uaj TACs corresponding to stepwise decreases in fishing mortality coherent
with the target reduction expected at the end of the period, but at levels allowing for an
increase in spawning stock biomass when needed. When good recent recruitments allow for
it, reduce fishing mortality by maintaining the TAC in the former year.
1.2. Adapt progressively, in the same stepwise fashion, the fishing effort exerted by the fleets
exploiting the ressource as a target species. Reductions in fishing effort should be achieved
by a combination of reductions in fishing capacity and fishing activity, but preferably by the
former. Prevent, in all cases, fishing capacity to increase.
1.3. Allocate quotas as finely as possibly, preferably by vessel. Distribute fishing permits in
accordance with the quota available.
1.4. Prevent the catch of juveniles of these species by increased mesh sizes, area and season
closures. When allocating fishing possibilities to individual fleets, give preference to those
using selective gear. Develop commercial strategies to discourage the consumption of
juveniles.
 II. Strategies applicable to flatfish, mackerel and herring.
II. 1. Fix annual TACs corresponding to status quo fishing mortality. Whenever this results in
increased TAC, choose a constant TAC if a reduction in fishing mortality is needed. Annual
fluctuations in TAC should be softened wherever possible by means of control measures
allowing for inter-year flexibility.
strategy/r/en/ar
 ---pagebreak--- 11.2. Allocate quotas as finely as possibly, preferably by vessel. Monitor fishing activity.
Prevent an increase in capacity.
11.3. Prevent fishing in areas and/or seasons where/when spawners or juveniles concentrate
and become more vulnerable.
11.4. In the case of mackerel, fix a constant TAC at the current level.
m. Strategies applicable to Nephrops fisheries.
111.1. Fix a constant TAC by stock at current levels. Implement control regulations allowing
transfers of quota (maximum: 10 %) between years.
111.2. Allocate quotas as finely as possible. Closely monitor the levels of activity of the fleets
by individual vessel.
111.3. Promote selective fishing, particularly the use of separator devices to allow small fish
to escape from the net.
IV. Strategies to achieve and consolidate a fishery for sprat in the Skagerrak and Kattegat:
IV. 1. Phase out (by annual steps of 10 000 t) the existing TAC for mixed clupeoids. Grant
fishing permits for this particular fishery accordingly.
rV.2. Monitor the sprat populations and their occurrence in concentrations isolated from other
species.
IV.3. Fix a TAC for sprat only when a clean fishery (50 % of sprat, less than 10 % of
protected species) can be prosecuted. The level of the TAC should allow for increases of the
stock. Allocate fishing permits accordingly.
strategy/r/en/mr
 ---pagebreak--- V. Strategies applicable to industrial fisheries:
V.l. Develop or improve sampling techniques to determine the composition by species of the
industrial by-catch, even when it is unsorted on board.
V.2. Allocate quotas of protected species to industrial vessels at levels corresponding to less
than 10 % of their quota for industrial species.
V.3. Instaurâtes system by which by-catches of protected species under TAC must be always
declared and discounted from the quotas available. This should be done under the sampling
framework developed under VI. 1) above. Whenever quotas for by-catch species are exhausted,
by-catches will be discounted from the quota for the target species, using appropriate factors
of equivalence and penalty indices.
                                               10
strategy/r/en/mr
 ---pagebreak---                                                                      KSN 0254-1475
                                                              COM(93) 663 final
                                                      DOCUMENTS
EN                                                                             03
                                Catalogue number : CB-CO-93-724-ENO
                                                             ISBN 92-77-62878-2
Offîce for Official Publications of the European Communities
L-2985 Luxembourg
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