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

20.12.2008 EN Official Journal of the European Union L 344/6
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
,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) 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) requires that, to achieve the objective provided for 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.
(2) 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.
(3) 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.
(4) 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 living for those who depend on fishing herring distributed to the west of Scotland and taking the interests of consumers into account.
(5) 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 and of 0,2 when the stock biomass level is less than 75 000 tonnes but equal or superior to 50 000 tonnes, will be sustainable and this stock will provide a reasonably high yield.
(6) That advice should be followed by establishing an appropriate 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.
(7) To ensure stability with respect to the fishing opportunities, 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.
(8) 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 detailed rules for recording information on Member States′ catches of fish (5).
(9) 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 Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (6), or as a management plan within the meaning of Article 6 of Regulation (EC) No 2371/2002 and for the purposes of Article 1(a)(iv) of Council Regulation (EC) No 1198/2006, taking into account the biomass stock level.
(10) The establishment of total allowable catches, the revision of minimum fishing mortality rates and 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 implementing powers directly with respect to these specific matters,