Commission Regulation (EC) No 1265/96 of 1 July 1996 establishing urgent conservation measures to protect the stock of North Sea herring

COMMISSION REGULATION (EC) No 1265/96 of 1 July 1996 establishing urgent conservation measures to protect the stock of North Sea herring
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
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 aquaculture (1), as amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 15 thereof,
Whereas Article 15 of Regulation (EEC) No 3760/92 stipulates that, in the event of a serious and unexpected upheaval liable to jeopardize conservation of resources, the Commission shall decide on appropriate measures, which shall last no more than six months, and which shall be communicated to the Member States and to the European Parliament and which shall have immediate effect;
Whereas 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, indicates that the stock of herring in the North Sea is outside safe biological limits, that the present fishing mortality is at more than double the level considered to be sustainable, and that recent recruitment of fish to the stock is not sufficient to replenish the stock at present exploitation levels;
Whereas, according to scientific advice from the abovementioned sources, it is necessary to take rapid action to rebuild the spawning stock and to reduce fishing mortality; whereas 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;
Whereas, given the levels of catch attained at present, the risk exists that the abovementioned objectives cannot be achieved unless very swift management action is taken; whereas if these objectives are not achieved, no fishing of herring in 1997 could take place; whereas it is therefore justified to make use of the powers delegated to the Commission in accordance with Article 15 of Regulation (EEC) No 3760/92;
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 Norway (2), the Community and Norway have held consultations concerning the measures to be taken for North Sea herring; whereas these consultations have been successfully concluded and therefore it is now possible to adopt the necessary measures;
Whereas Council Regulation (EC) No 3074/95 (3), as last amended by Regulation (EC) No 1088/96 (4), fixes, for certain stocks or groups of stocks, the TACs, their allocation to Member States and certain conditions under which they may be fished; whereas certain of these stipulations should be modified as far as the stocks in which North Sea herring is caught is concerned,