CELEX: 51996PC0349
Language: en
Date: 1996-07-18
Title: Proposal for a COUNCIL REGULATION (EC) fixing special management measures for North Sea herring and modifying Council Regulation (EC) No 3074/95

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 18.07.1996
                                                 COM(96) 349 final
                                  Proposal for a
                        COUNCIL REGULATION (EC)
Fixing special management measures for North Sea herring and modifying Council
                          Regulation (EC) No 3074/95
                         (presented by the Commission)
 ---pagebreak---  ---pagebreak---                               EXPLANATORY MEMORANDUM
According to the most recent scientific information, and in particular, the report of the
Advisory Committee for Fisheries Management of the International Council of the Exploration
of the Sea, the stock of herring in the North Sea is outside safe biological limits, its present
fishing mortality is at more than double the level considered to be sustainable, and recent
recruitment of fish to the stock is not sufficient to replenish the stock at present exploitation
levels.
According to scientific advice from the above-mentioned sources, it is necessary to take rapid
action to rebuild the spawning stock and to reduce fishing mortality; these measures should
consist of a reduction of the catch of herring by fleets fishing for human consumption in 1996
to half the present figures of Total Allowable Catch (TAC) and of a decrease by half of the
fishing mortality of herring caught as by-catch by other fleets in 1996. If these objectives are
not achieved, no fishing of herring in 1997 should take place; otherwise the stock would
collapse.
In view of this situation, the Union has consulted Norway, in the framework of our fisheries
agreements, in order to decide on the most appropriate management measures for this joint
stock. The measures agreed consist of a reduction of the current TAC, the setting of a
limitation in industrial by-catches, and other accompanying measures contributing to achieve
the aim of reducing fishing mortality of herring to half its present level.
Given that some Member States had already fished a substantial part of their quota as set out
by the 1996 TAC regulation1, and that catches could increase swiftly due to the schooling
behaviour of herring, there was a risk that the objectives pursued cannot be reached unless
very rapid action was taken. It was therefore justified to make use of the procedure foreseen
in Article 15 of Council Regulation No 3760/922, by which the Commission can take
autonomous measures which are binding for all Member States for a period not longer than
 six months. The Commission has adopted the pertinent measures by 1 July 1996.
However, now that the urgent measures had already been taken, it is advisable to propose to
the Council that the situation be tackled within the normal context of fisheries management,
especially in relation to control. The present proposal aims at that objective, in addition to the
measures already taken by the Commission, it contains three further provisions:
 i)     A reduction in the TAC for North Sea sprat, in order to give additional protection to
        herring, which is usually taken as by-catch in large quantities;
 ii)    A "one-net" rule for vessels using trawls of less than 32 mm mesh, in order to better
        identify the type of fishery that originated the landings of herring, and
 iii)   A prohibition to land unsorted catches containing any herring after ehaustion of by-
        catch limits.
      1
         Council Regulation (EC) No 3074/95, O. J. No L 330, 30.12.1995, p. 1.
      2
        O. J. No L 389, 31.12.1992, p.l
 ---pagebreak---                                              Proposal for a
                                  COUNCIL REGULATION (EC)
  Fixing special management measures for North Sea herring and modifying Council
                                   Regulation (EC) No 3074/95
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) N° 3760/92 establishing a Community system for
fisheries and aquaculture1 as amended by the Act of Accession of Austria, Finland and
Sweden, and in particular Article 8(4) thereof,
Whereas the most recent scientific information, and in particular the report of the Advisory
Committee for Fisheries Management of the International Council for the Exploration of the
Sea, indicates that the stock of herring in the North Sea is outside safe biological limits, that
the present fishing mortality is more than double the level considered to be sustainable and
that recent recruitment of young fish to the stock is not sufficient to replenish the stock at
present exploitation levels;
Whereas, according to scientific advice from the above-mentioned sources, it is necessary to
take rapid action to rebuild the stock and to reduce fishing mortality; whereas these measures
should consist of a reduction of the catch of herring by fleets landing herring for human
consumption in 1996 to half the present figure of Total Allowable Catch (TAC) and of a
decrease by 50% of the fishing mortality of herring caught as by-catch by other llccts in
 1996;
Whereas, in accordance with the procedure provided in Articles 2 and 7 of the Fisheries
Agreement Between the European Economic Community and the Kingdom of Norway2, the
Community and Norway have held consultations concerning the measures which fall within
their remit to be taken for North Sea herring; whereas these consultations have been
successfully concluded and measures have been agreed;
Whereas the Commission has already implemented in Regulation (EC) N° 1265/963 such
measures under powers delegated to it in accordance with Article 15 of Regulation (EEC) No
3760/92;
         1
                O. t. No L 389, 31.12.1992, p. 1
         2
                OJ L226, 29.8.1930, p. 48
         '      O. J. No I 163, 2.07.1996, p. 24
 ---pagebreak--- Whereas additional, complementary measures are also required to support the measures
already implemented; whereas these additional measures should include reduction in the TAC
for sprats in the North Sea, specification of conditions to be implemented when limits on by-
catch are reached and the implementation of a "one-net rule" when fishing with nets of
minimum mesh size less than 32mm;
Whereas it is appropriate to merge these measures and those stipulated in Regulation (EC)
No 1265/96 in a single act and to repeal the latter;
Whereas Regulation (EC) No 3074/954 fixes, for certain stocks and groups of stocks, the
TACs, their allocation to Member States and certain conditions under which they may be
fished; whereas certain of its provisions should be modified accordingly,
HAS ADOPTED THIS REGULATION:
                                               Article 1
 Member States where landings occur of herring unsorted from the remainder of the catch shall
ensure that adequate sampling systems are in place in order to monitor effectively the
landings of by-catches of herring.
 It shall be prohibited to land in harbours where such a sampling system is not in place catches
of fish containing unsorted herring.
                                               Article 2
 Member States shall adopt special control and management measures and any other actions
concerning the capture, sorting and landing of herring taken from the North Sea or from the
 Skagerrak and Kattegat with a view to ensuring the observance of catch limitations. These
 measures shall include, in particular:
(i)       special control and inspection programmes;
(ii)      effort plans, including lists of authorised vessels and, where deemed necessary on the
          basis of quota exhaustion beyond the level of 70%, limitations on the activity of
          authorised vessels;
 (iii)    control of transshipment and of practices which incur discarding;
 (iv)     where possible, temporal prohibition to fish in areas where high by-catch rates of
          O. J. No L330, 30.12.1995, p. 1
                                                    «v
 ---pagebreak---                                             Article 3
Inspectors authorised by the Commission shall, whenever the Commission deems it necessary,
carry out independent inspections in order to verify the implementation by Ilu* competcnl
authorities ol the sampling programmes and of the detailed measures mentioned in Articles
 I and 2.
                                            Article 4
The Commission shall prohibit landings of herring if it is deemed that the implementation of
the measures mentioned in Articles 1 and 2 do not constitute a sufficient guarantee that a
strict control of fishing mortality of herring in all fisheries is achieved.
                                            Article 5
Notwithstanding Article 15(1) of Regulation (EC) N° 2847/93\ Member States shall
communicate to the Commission, by Tuesday of every week, the landings of herring and of
sprat caught in the zones mentioned in Annexes I and II made in the preceding week.
                                            Article 6
Vessels which carry on board in the North Sea or the Skagerrak and Kattegat towed nets of
minimum mesh size less than 32mm may not simultaneously carry on board towed nets of
minimum mesh size of 32mm or greater.
                                            Article 7
Council Regulation (EC) No 3074/95 is hereby amended as follows:
 1. The following paragraph is inserted in Article 5:
         "Ibis. Notwithstanding paragraphs 1 and 2, when each of the catch limits indicated in
         Annex II of this Regulation is exhausted, it shall be prohibited for vessels operating
         within the fisheries to which these catch limits apply to land catches which arc
         unsorted and which contain herring."
2. Annex I of this Regulation shall replace the corresponding elements of the Annex.
3 Annex II of this Regulation shall be inserted in the Annex
         O J. No L 2.61, 20.10.1993, p. 1.
 ---pagebreak---                                           Article X
Commission Regulation (EC) N° 1265/96 is hereby repealed.
                                          Article 9
This Regulation shall enter into force on the day of its publication in the Official Journal of
the European Communities and shall be applicable until 31 December 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member Stales.
Done at Brussels,
 ---pagebreak---                                       Annex I, page 1
Species:        herring (1)      Zone Ilia
                Clupea harengus
België / Belgique                (1 )  Landed as the entire catch or sorted from the remainder of the catch
Oanmark             37580(2)     (2)   Nofishingof this quota may take place, in the Skagerrak. within 4 miles of the baselines
OeutSChland            6 0 0 (3)      of the Kingdom of Norway
Ellada                           (3)   No fishing of this quota may take place, in the Skagerrak. within 12 miles of the baselines
Espana                                of me Kingdom of Norway
France                           (*)   Precautionary TAC
Ireland
Italia
Luxembourg
Nederland
Osterreich
Portugal
Suomi/Finland
Sverige             39320 (2)
United Kingdom
EC                  77500
TAC                 90000 C)
Species:        herring (1)      Zone IVab
                Clupea harengus
België / Belgique                (1)   Landed as the entire catch or sorted from the remainder of the catch
Danmark             21240        (2)  May only be fished m IVa and IVb
DeutSChfand         13230        (3)  Of which no more than 452401 may befishedin waters under the sovereignty or
Ellada                                jurisdiction of Norway.
Espana                           (4)  Member States must inform the Commission of their landings of herring distinguishing
France                5410            between ICES Divisions IVa and IVb
Ireland
Italia
Luxembourg
Nederland           21380
Osterreich
Portugal
Suomi/Finland
Sverige               1590 (2)
United Kingdo       22910
EC                  85760 (3H4)
TAC                131000
 ---pagebreak---                                          Annex I, page 2
[Species:         herring (1)       Zone IVc. Vlld (2)
                  Clupea harengus
  België / Belgiq       7100        (1)  Landed as the entire catch or sorted from the remainder of the catch
  Danmark                350        (2)  Except Blackwater stock: reference is to the herring stock in the maritime region of
  Deutschiand            350             the Thames estuary within a zone delimited by a line running due south from Landguard
  Ellada                                 Point (51° 56' N. 1°19.1" E) to latitude S1"33' N and hence due west to a point on the
  Espana                                 coast of the United Kingdom
  France                8680        (*)  Precautionary TAC
  Ireland
  Italia
  Luxembourg
  Nederland             6790
  Osterreich
  Portugal
  Suomi/Finland
  Sverige
  United Kingdo         1730
  EC                  25000
   IAC                 25000 (')
 (Species:        Sprat             Zone lla(1), IV (1)
                  Sprattus sprattus
  België / Belgiq       1500        (1)    Community waters
   Danmark              1500        (2)   Available to all Member States except Spain. Portugal. Sweden and Finland
  Deutschiand           1500        (3)   Including sandeel
   Ellada                           (*)   Precautionary TAC
   Espana
   France               1500
   Ireland
   Italia
   Luxembourg
   Nederland             1500
   Osterreich
   Portugal
   Suomi/Finland
   Sverige               1330 (3)
   United Kingdo         1500
                     114670 (2)
   EC                125000
   TAC               150000 n
                                                          t
 ---pagebreak---                                             Annex II, page 1
ISpecies:       herring (1)     Zone: Ilia
                Clupea harengus
 België / Belgique              (1 )  By-catches of herring taken in the fishery for sprat and landed unsorted
 Danmark                        (2)   Available to all Member States except Spain, Portugal and Finland
 Deutschiand
 Ellada
 Espana
 France
 Ireland
 Italia
 Luxembourg
 Nederland
 Osterreich
 Portugal
 Suomi/Finland
 Sverige
 United Kingdom
                     12000 (2)
 FC                 12000
   AC                12000
 Species:       herring (1)     Zone:
                Clupea harengus
 België / Belgique              (1 )  By-catches of herring taken in fisheries for species other than sprat and landed unsorted
 Danmark                        (2)   Available to all Member States except Spam, Portugal and Finland
 Deutschiand
 Ellada
 Espana
 France
 Ireland
 Italia
 Luxembourg
 Nederland
 Osterreich
 Portugal
 Suomi/Finland
 Sverige
 United Kingdom
                    87000 (2)
 EC                 87000
 TAC                87000
                                                         1
 ---pagebreak---                                             Annex II, page 2
[Species:       herring(1)      Zone: lla(2). IV. Vlld
                Clupea harengus
 België / Belgique              (1 )  By-catches of herring taken in fisheries for species other than herring and landed unsorted
 Danmark                        (2)   Community waters
 Deutschiand                    (3)   Available to all Member States, except Spain. Portugal and Finland
 Ellada
 Espana
 France
 Ireland
 Italia
 Luxembourg
 Nederland
 Osterreich
 Portugal
 Suomi/Finland
 Sverige
 United Kingdom
                    44000 (3)
 EC                 44000
 TAC                 44000
                                                         4>
 ---pagebreak---                                                                    ISSN 0254-1475
                                                           COM(96) 349 final
                                             DOCUMENTS
EN                                                                             03
                                    Catalogue number : CB-CO-96-357-EN-C
                                                             ISBN 92-78-06940-X
Office for Official Publications of the European Communities
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