CELEX: 31983R0172
Language: en
Date: 1983-01-25 00:00:00
Title: Council Regulation (EEC) No 172/83 of 25 January 1983 fixing for certain fish stocks and groups of fish stocks occurring in the Community' s fishing zone, total allowable catches for 1982, the share of these catches available to the Community, the allocation of that share between the Member States and the conditions under which the total allowable catches may be fished

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31983R0172

Council Regulation (EEC) No 172/83 of 25 January 1983 fixing for certain fish stocks and groups of fish stocks occurring in the Community' s fishing zone, total allowable catches for 1982, the share of these catches available to the Community, the allocation of that share between the Member States and the conditions under which the total allowable catches may be fished  

Official Journal L 024 , 27/01/1983 P. 0030 - 0067

+++++( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .  ( 2 ) OJ NO C 228 , 1 . 9 . 1982 , P . 14 .  ( 3 ) OJ NO L 138 , 19 . 5 . 1982 , P . 1 .  ( 4 ) OJ NO L 378 , 30 . 12 . 1978 , P . 1 .  ( 5 ) OJ NO L 69 , 14 . 3 . 1981 , P . 1 .  ( 6 ) OJ NO C 140 , 3 . 6 . 1982 , P . 3 .  ( 7 ) SEE PAGE 14 OF THIS OFFICIAL JOURNAL .  COUNCIL REGULATION ( EEC ) NO 172/83 OF 25 JANUARY 1983 FIXING FOR CERTAIN FISH STOCKS AND GROUPS OF FISH STOCKS OCCURRING IN THE COMMUNITY'S FISHING ZONE , TOTAL ALLOWABLE CATCHES FOR 1982 , THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY , THE ALLOCATION OF THAT SHARE BETWEEN THE MEMBER STATES AND THE CONDITIONS UNDER WHICH THE TOTAL ALLOWABLE CATCHES MAY BE FISHED  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 170/83 OF 25 JANUARY 1983 ESTABLISHING A COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES ( 1 ) , AND IN PARTICULAR ARTICLE 11 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,  WHEREAS , IN ORDER TO ENSURE THE PROTECTION OF FISHING GROUNDS AND FISH STOCKS AND THE BALANCED EXPLOITATION OF THE RESOURCES OF THE SEA , IN THE INTERESTS OF BOTH FISHERMEN AND CONSUMERS , THERE SHOULD BE FIXED , EACH YEAR FOR THE DIFFERENT SPECIES , CATCHES OF WHICH MUST BE RESTRICTED , A TOTAL ALLOWABLE CATCH ( TAC ) PER STOCK OR GROUP OF STOCKS AND THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY TAKING INTO ACCOUNT ITS COMMITMENTS TO THIRD COUNTRIES ;  WHEREAS , IN ORDER TO ENSURE EFFECTIVE MANAGEMENT OF THESE TACS , CONDITIONS ON FISHING OPERATIONS SHOULD BE ESTABLISHED ;  WHEREAS , IN ORDER TO ENSURE EFFECTIVE MANAGEMENT , THE TACS AVAILABLE FOR THE COMMUNITY IN 1982 SHOULD BE FAIRLY ALLOCATED AMONG THE MEMBER STATES ;  WHEREAS , IN ORDER TO MAKE A FAIR ALLOCATION OF AVAILABLE RESOURCES , PARTICULAR ACCOUNT MUST BE TAKEN OF TRADITIONAL FISHING ACTIVITIES , THE SPECIFIC NEEDS OF AREAS PARTICULARLY DEPENDENT ON FISHING AND ITS DEPENDENT INDUSTRIES AND THE LOSS OF FISHING POTENTIAL IN THE WATERS OF THIRD COUNTRIES ;  WHEREAS , IN THE CASE OF STOCKS FOR WHICH THE FISHERIES ARE STILL DEVELOPING AND FOR WHICH LITTLE , IF ANY , SCIENTIFIC DATA ARE AVAILABLE , SUCH AS HORSE-MACKEREL , BLUE WHITING AND NORWAY POUT , IT DOES NOT APPEAR NECESSARY TO MAKE QUOTA ALLOCATIONS ;  WHEREAS , WITH REGARD TO HERRING STOCKS , QUOTA PROPOSALS FOR 1983 MUST NECESSARILY HAVE AN AD HOC BASIS AND CANNOT FORM A BASIS FOR FUTURE YEARS ;  WHEREAS THE ALLOCATION OF THE TAC FOR SHRIMP IN THE ZONE OF FRENCH GUYANA HAS BEEN ESTABLISHED BY COUNCIL REGULATION ( EEC ) NO 1177/82 OF 11 MAY 1982 LAYING DOWN CERTAIN MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF CERTAIN NON-MEMBER COUNTRIES IN THE 200-NAUTICAL-MILE ZONE OFF THE COAST OF THE FRENCH DEPARTMENT OF GUYANA ( 3 ) ,  HAS ADOPTED THIS REGULATION :  ARTICLE 1  1 . THIS REGULATION SHALL FIX , FOR 1982 , FOR CERTAIN FISH STOCKS AND GROUPS OF FISH STOCKS OCCURRING IN THE COMMUNITY'S FISHING ZONE , TOTAL ALLOWABLE CATCHES PER STOCK OR GROUP OF STOCKS , THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY , THE ALLOCATION OF THAT SHARE AMONG MEMBER STATES AND THE SPECIFIC CONDITIONS UNDER WHICH THESE STOCKS MAY BE FISHED .  2 . THE SUB-AREAS , DIVISIONS OR SUBDIVISIONS OF THE NAFO REFERRED TO IN THIS REGULATION ARE DESCRIBED IN ANNEX III TO COUNCIL REGULATION ( EEC ) NO 3179/78 OF 28 DECEMBER 1978 CONCERNING THE CONCLUSION BY THE EUROPEAN ECONOMIC COMMUNITY OF THE CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES ( 4 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 654/81 ( 5 ) .  THE DEFINITION OF THE ICES AREAS REFERRED TO IN THIS REGULATION IS GIVEN IN A COMMISSION COMMUNICATION ( 6 ) .  3 . WITHIN THE MEANING OF THIS REGULATION : THE SKAGERRAK IS LIMITED ON THE WEST BY A LINE DRAWN FROM THE HANSTHOLM LIGHTHOUSE TO THE LINDESNES LIGHTHOUSE AND ON THE SOUTH BY A LINE DRAWN FROM THE SKAGEN LIGHTHOUSE TO THE TISTLARNA LIGHTHOUSE AND FROM THIS POINT TO THE NEAREST POINT ON THE SWEDISH COAST .  WITHIN THE MEANING OF THIS REGULATION : THE KATTEGAT IS DELIMITED ON THE NORTH BY A LINE DRAWN FROM THE SKAGEN LIGHTHOUSE TO THE TISTLARNA LIGHTHOUSE AND FROM THIS POINT TO THE NEAREST POINT ON THE SWEDISH COAST AND ON THE SOUTH BY A LINE DRAWN FROM HASENOERE TO GNIBENS SPIDS , FROM KORSHAGE TO SPODSBJERG AND FROM GILBJERG HOVED TO KULLEN .  ARTICLE 2  THE TOTAL ALLOWABLE CATCHES ( TACS ) FOR STOCKS OR GROUPS OF STOCKS TO WHICH COMMUNITY RULES APPLY OCCURRING IN WATERS FALLING UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES AND THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY ARE FIXED FOR 1982 IN ANNEX I .  ARTICLE 3  THE ALLOCATION AMONG THE MEMBER STATES FOR 1982 OF THE SHARE AVAILABLE TO THE COMMUNITY OF TOTAL ALLOWABLE CATCHES OF STOCKS OR GROUPS OF STOCKS OCCURRING IN THE COMMUNITY'S FISHING ZONE IS SHOWN IN ANNEX II .  ARTICLE 4  NOTWITHSTANDING THE PROVISIONS LAID DOWN IN THE FOOTNOTES TO ANNEX I AND IN ARTICLES 5 , 6 AND 8 ( 1 ) , ( 2 ) ( A ) AND ( B ) ( I ) , ALL CATCHES OF SPECIES FOR WHICH QUOTAS ARE FIXED FOR 1982 MAY BE RETAINED ON BOARD OR LANDED ONLY WITHIN THE QUOTAS ALLOCATED TO THE MEMBER STATE CONCERNED .  ARTICLE 5  WHEN A POSITIVE QUOTA OF COD IN SUB-AREAS ICES XIV AND / OR NAFO 1 HAS NOT BEEN ALLOCATED TO A MEMBER STATE , THE FOLLOWING PROVISIONS SHALL APPLY WITH REGARD TO THAT MEMBER STATE :  - BY-CATCHES OF COD IN THESE AREAS MUST NOT EXCEED 10 % BY WEIGHT OF REDFISH CATCHES BY VESSELS WHICH ARE TRAWLING , 10 % BY WEIGHT OF HALIBUT AND GREENLAND HALIBUT CATCHES BY VESSELS WHICH ARE LONG-LINING AND 3 % BY WEIGHT OF OTHER SPECIES . BY-CATCHES SHALL BE MEASURED ACCORDING TO THE PROVISIONS OF ARTICLE 10 OF COUNCIL REGULATION ( EEC ) NO 171/83 OF 25 JANUARY 1983 LAYING DOWN CERTAIN TECHNICAL MEASURES FOR THE CONSERVATION OF FISHERY RESOURCES ( 7 ) , BUT MAY NOT BE MEASURED UNTIL A VESSEL HAS BEEN FISHING IN GREENLAND WATERS FOR AT LEAST 48 HOURS . BY-CATCHES SHALL NOT BE COUNTED AGAINST TOTAL ALLOWABLE CATCHES ,  - FISHING FOR REDFISH SHALL BE PROHIBITED IN THAT PART OF NAFO SUB-AREA 1 BOUNDED BY A LINE RUNNING DUE WEST FROM THE WEST GREENLAND BASELINES ALONG PARALLEL 64} 30' N TO LONGITUDE 55} 00' W , SOUTH TO LATITUDE 61} 30' N AND LONGITUDE 50} 30' W AND DUE EAST TO THE WEST GREENLAND BASELINES .  ARTICLE 6  WHEN A POSITIVE QUOTA OF HALIBUT IN SUB-AREAS ICES XIV AND / OR NAFO 1 HAS NOT BEEN ALLOCATED TO A MEMBER STATE , BY-CATCHES OF HALIBUT OF THIS MEMBER STATE MUST NOT EXCEED 3 % BY WEIGHT OF CATCHES OF OTHER SPECIES .  BY-CATCHES SHALL BE MEASURED ACCORDING TO THE PROVISIONS OF ARTICLE 10 OF COUNCIL REGULATION ( EEC ) NO 171/83 BUT MAY NOT BE MEASURED UNTIL A VESSEL HAS BEEN FISHING IN GREENLAND WATERS FOR AT LEAST 48 HOURS . BY-CATCHES SHALL NOT BE COUNTED AGAINST TOTAL ALLOWABLE CATCHES .  ARTICLE 7  FOR THE PROTECTION OF THE " EASTERN " STOCK OF MACKEREL , FISHING FOR MACKEREL SHALL BE PROHIBITED IN ICES DIVISION VI A ) NORTH OF PARALLEL 58} N FROM 1 MARCH TO 30 APRIL AND FROM 1 NOVEMBER TO 31 DECEMBER .  ARTICLE 8  1 . WHEN THE TAC FOR HERRING IS NIL , BY-CATCHES OF HERRING MAY NOT BE LANDED UNLESS INEXTRICABLY MIXED WITH CATCHES OF OTHER SPECIES . IN SUCH CASES THE MAXIMUM ALLOWABLE BY-CATCH SHALL BE 10 % IN THE CASE OF SPRAT AND 5 % IN THE CASE OF OTHER SPECIES .  INEXTRICABLY MIXED HERRING BY-CATCHES MAY NOT BE SORTED EITHER ON BOARD A VESSEL OR ON LANDING .  2 . WHEN THERE IS A POSITIVE TAC FOR HERRING THE FOLLOWING RULES SHALL BE OBSERVED :  ( A ) SKAGERRAK/KATTEGAT :  ( I ) THE MAXIMUM ALLOWABLE BY-CATCH OF HERRING INEXTRICABLY MIXED WITH OTHER SPECIES SHALL BE 10 % FOR SPRAT AND 5 % FOR OTHER SPECIES WHEN USING NETS WITH A MESH SIZE SMALLER THAN 32 MM .  ( II ) THESE PERCENTAGES SHALL APPLY TO THE WEIGHT OF HERRING IN CATCHES ON THE DECK , IN LANDINGS OR IN ANY REPRESENTATIVE SAMPLE WEIGHING MORE THAN 100 KILOGRAMS .  ( B ) OTHER ZONES EXCEPT BALTIC SEA - ICES DIVISIONS III B ) , C ) AND D )  ( I ) THE MAXIMUM ALLOWABLE BY-CATCH OF HERRING INEXTRICABLY MIXED WITH OTHER SPECIES SHALL BE 10 % FOR SPRAT AND 5 % FOR ALL OTHER SPECIES .  INEXTRICABLY MIXED HERRING BY-CATCHES MAY NOT BE SORTED EITHER ON BOARD A VESSEL OR ON LANDING .  ( II ) THE USE OF GRADING EQUIPMENT ON BOARD FISHING VESSELS IS PROHIBITED FOR HERRING UNLESS SUCH VESSELS USE , FOR THE FISHING OF HERRING , A NET , IRRESPECTIVE OF THE TYPE USED , WITH A MESH THE SIZE OF WHICH IS NOT SMALLER THAN 32 MM .  3 . SORTED BY-CATCHES OF HERRING SHALL NOT BE LANDED ONCE THE QUOTA HAS BEEN EXHAUSTED .  4 . DIRECTED FISHING FOR HERRING SHALL BE PROHIBITED IN THE SKAGERRAK FROM 1 JANUARY TO 31 MARCH AND FROM 1 OCTOBER TO 31 DECEMBER . THIS PROVISION SHALL NOT APPLY TO FISHING WITHIN TWO NAUTICAL MILES OF THE BASELINES BY VESSELS NOT EXCEEDING 90 FEET AND USING OTHER TYPES OF GEAR THAN TRAWL .  5 . . . .  6 . FISHING FOR HERRING SHALL BE PROHIBITED THROUGHOUT THE YEAR IN THOSE WATERS BETWEEN LATITUDES 53} 00' N AND 55} 00' N WHICH ARE SITUATED BETWEEN THE EAST COASTS OF IRELAND AND NORTHERN IRELAND AND A LINE DRAWN 12 MILES FROM THE BASELINES .  7 . FISHING FOR HERRING IN THE IRISH SEA ( ICES DIVISION VII A ) ) SHALL BE PROHIBITED THROUGHOUT THE YEAR BETWEEN LATITUDE 53} 20' N AND A LINE DRAWN BETWEEN THE MULL OF GALLOWAY IN SCOTLAND AND THE POINT OF AYRE ON THE ISLE OF MAN IN THOSE WATERS WHICH ARE SITUATED BETWEEN THE WEST COASTS OF SCOTLAND , ENGLAND AND WALES AND A LINE DRAWN 12 MILES FROM THE BASELINES , AND FROM 20 SEPTEMBER TO 15 NOVEMBER IN THE PART OF THE IRISH SEA ( ICES DIVISION VII A ) ) NORTH OF LATITUDE 53} 30' N . LOGAN BAY SHALL , HOWEVER , BE CLOSED TO HERRING FISHING THROUGHOUT THE YEAR .  8 . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS 6 AND 7 , ONLY VESSELS BASED IN PORTS ADJACENT TO ICES DIVISION VII A ) ( MOURNE STOCK ) MAY FISH FOR HERRING IN THAT DIVISION AND THE ONLY METHOD OF FISHING AUTHORIZED SHALL BE DRIFT NETTING WITH NETS OF MINIMUM MESH SIZE 54 MM , STRETCHED MESH . THE DEFINITION OF THE RELEVANT VESSELS MUST HAVE BEEN SUBMITTED FOR COMMISSION APPROVAL .  ARTICLE 9  1 . . . .  2 . FISHING FOR SPRAT SHALL BE PROHIBITED IN ICES STATISTICAL RECTANGLES 42F7 AND 41F7 FROM 1 JULY TO 31 OCTOBER AND ICES STATISTICAL RECTANGLES 41E6 AND 39E8 AND IN THE INNER WATERS OF THE MORAY FIRTH WEST OF PARALLEL 3} 30' W FROM 1 OCTOBER TO 31 MARCH .  3 . FOR THE PURPOSES OF THIS REGULATION , ICES RECTANGLES 41F7 AND 42F7 ARE BOUNDED BY A LINE RUNNING DUE WEST FROM THE WEST COAST OF DENMARK ALONG PARALLEL 56} 00' N TO LONGITUDE 7} 00' E , DUE NORTH TO LATITUDE 57} 00' N AND DUE EAST TO THE WEST COAST OF DENMARK .  ICES RECTANGLE 41E6 COVERS THE INNER WATERS OF THE FIRTH OF FORTH AND IS BOUNDED BY LONGITUDE 3} 00' W .  ICES RECTANGLE 39E8 IS BOUNDED BY A LINE RUNNING DUE EAST FROM THE EAST COAST OF ENGLAND ALONG PARALLEL 55} 00' N TO LONGITUDE 1} 00' W , DUE NORTH TO LATITUDE 55} 30' N AND DUE WEST TO THE ENGLISH COAST .  ARTICLE 10  TRAWLING AND PURSE SEINING FOR MACKEREL , SPRAT AND HERRING SHALL BE PROHIBITED IN THE SKAGERRAK FROM SATURDAY MIDNIGHT TO SUNDAY MIDNIGHT AND IN THE KATTEGAT FROM FRIDAY MIDNIGHT TO SUNDAY MIDNIGHT .  ARTICLE 11  1 . FISHING FOR SALMON IN NAFO SUB-AREA 1 SHALL OPEN ON 25 AUGUST .  2 . FOR SALMON FISHING IN NAFO SUB-AREA 1 , ONLY NETS WITH A MINIMUM MESH SIZE OF 140 MM MAY BE USED , WITH A TOLERANCE OF MORE OR LESS 5 % ; THIS MEANS THAT EVERY MEASURED MESH OF A NET MUST BE WITHIN THE LIMITS OF 5 % OF 140 MM .  ARTICLE 12  THIS REGULATION SHALL ENTER INTO FORCE ON DAY OF ITS PUBLICATION 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 , 25 JANUARY 1983 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL