Article 1 Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2023 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2022/109.
Article 2 Scope
1. This Regulation applies to Union fishing vessels operating in the Baltic Sea. 2. This Regulation also applies to recreational fisheries where they are expressly referred to in the relevant provisions.
Article 3 Definitions
For the purposes of this Regulation, the definitions laid down in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply: (1) ‘subdivision’ means an International Council for the Exploration of the Sea (ICES) subdivision of the Baltic Sea as defined in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council ( 8 ) ; (2) ‘total allowable catch’ (TAC) means the quantity of each stock that can be caught over the period of a year; (3) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country; (4) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources such as for recreation, tourism or sport.
Article 4 TACs and allocations
The TACs, quotas and conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5 Special provisions on allocation of fishing opportunities
The allocation of fishing opportunities among Member States, as set out in this Regulation, shall be without prejudice to: (a) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013; (b) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009; (c) additional landings allowed under Article 3 of Regulation (EC) No 847/96 or under Article 15(9) of Regulation (EU) No 1380/2013; (d) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 or transferred under Article 15(9) of Regulation (EU) No 1380/2013; (e) deductions made pursuant to Articles 105 and 107 of Regulation (EC) No 1224/2009.
Article 6 Conditions for landing of catches and by-catches
The stocks of non-target species within the safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 which qualify for the derogation from the obligation to count catches against the relevant quota are identified in the relevant TAC tables in the Annex to this Regulation.
Article 7 Closures to protect cod spawning
1. It shall be prohibited to fish with any type of fishing gear in subdivisions 25 and 26 from 1 May to 31 August. 2. The prohibition laid down in paragraph 1 shall not apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241; (b) Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines within four nautical miles measured from the baselines, drifting lines, handlines and jigging equipment or similar passive gear, in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities; (c) Union fishing vessels that fish in subdivision 25 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 50 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted. 3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 15 January to 31 March and in subdivision 24 from 15 May to 15 August. 4. The prohibition laid down in paragraph 3 shall not apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in full compliance with the conditions set out in Article 25 of Regulation (EU) 2019/1241; (b) Union fishing vessels of less than 12 metres in length overall that fish with gillnets, entangling nets or trammel nets, with bottom set lines, longlines within four nautical miles measured from the baselines, drifting lines, handlines and jigging equipment or similar passive gear, in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities; (c) Union fishing vessels that fish in subdivision 24 for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, in areas where the water depth is less than 40 metres according to the coordinates on the official sea chart issued by the competent national authorities, and whose landings are sorted; (d) Union fishing vessels that fish with dredges for bivalve molluscs in subdivision 22, in areas where the water depth is less than 20 metres according to the coordinates on the official sea chart issued by the competent national authorities. 5. Masters of fishing vessels as referred to in paragraph 2, point (b) or (c), and paragraph 4, point (b), (c) or (d), shall ensure that their fishing activity can be monitored at any time by the control authorities of the competent Member State.
Article 8 Measures on recreational fisheries of cod in subdivisions 22 to 26
1. In recreational fisheries, no more than one specimen of cod may be retained per fisher per day in subdivisions 22 and 23, and in subdivision 24 within six nautical miles measured from the baselines. However, from 15 January to 31 March, recreational fisheries of cod shall be prohibited in those areas. 2. Recreational fisheries of cod shall be prohibited in subdivision 24 beyond six nautical miles measured from the baselines, and in subdivisions 25 and 26. 3. This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 9 Measures on recreational fisheries of salmon in subdivisions 22 to 31
1. Recreational fisheries of salmon shall be prohibited in subdivisions 22 to 31. Any specimen of salmon accidentally caught shall be immediately released back into the sea. 2. By way of derogation from paragraph 1, recreational fisheries of salmon shall be allowed under the following cumulative conditions: (a) no more than one specimen of adipose fin-clipped salmon may be caught and retained per fisher per day; (b) after catching the first adipose fin-clipped salmon, the recreational fisher shall stop the fishing of salmon for the remainder of the day; (c) all specimens of any fish species retained shall be landed whole. 3. By way of derogation from paragraphs 1 and 2, north of latitude 59° 30′ N recreational fisheries of salmon shall be allowed from 1 May to 31 August in areas within four nautical miles measured from the baselines. 4. This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 10 Measures for the conservation of the sea trout and salmon stocks in subdivisions 22 to 32
1. Union fishing vessels shall not fish for sea trout beyond four nautical miles measured from the baselines in subdivisions 22 to 32 from 1 January to 31 December 2023. When fishing for salmon beyond four nautical miles measured from the baselines in subdivision 32, by-catches of sea trout shall not exceed 3 % of the total catch of salmon and sea trout on board at any moment or landed after each fishing trip. 2. Fishing with longlines beyond four nautical miles measured from the baselines in subdivisions 22 to 31 shall be prohibited. 3. This Article is without prejudice to more stringent national measures under Articles 19 and 20 of Regulation (EU) No 1380/2013.
Article 11 Flexibility
1. Except where specified otherwise in the Annex to this Regulation, Article 3 of Regulation (EC) No 847/96 applies to stocks subject to precautionary TACs and Article 3(2) and (3) and Article 4 of that Regulation apply to stocks subject to an analytical TAC. 2. Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 do not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.
Article 12 Data transmission
When Member States send data relating to quantities of stocks caught or landed to the Commission pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in the Annex to this Regulation.
Article 13 Amendment to Regulation (EU) 2022/109
Regulation (EU) 2022/109 is amended as follows: (1) In Annex IA, Part A, the fishing opportunities table for hake ( Merluccius merluccius ) in ICES division 8c, ICES subareas 9 and 10 and Union waters of CECAF 34.1.1 is replaced by the following: ‘Species: Hake Merluccius merluccius Zone: 8c, 9 and 10; Union waters of CECAF 34.1.1 (HKE/8C3411) Spain 9 021 Analytical TAC’ France 866 Portugal 4 209 Union 14 096 TAC 14 429
Article 14 Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply from 1 January 2023. By way of derogation from the second paragraph: (a) Article 13, point (1), shall apply from 1 January 2022; (b) Article 13, point (2), shall apply from 1 November 2022 to 31 October 2023; (c) Article 13, point (3), shall apply from 15 October 2022 to 15 April 2023.