Article 1 Subject matter
This Regulation fixes the fishing opportunities for certain fish stocks and groups of fish stocks in the Baltic Sea for 2021 and amends certain fishing opportunities in other waters fixed by Regulation (EU) 2020/123 ( 7 ) .
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 ICES subdivision of the Baltic Sea as defined in Annex III to Council Regulation (EC) No 218/2009 ( 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, the quotas and the conditions functionally linked thereto, where appropriate, are set out in the Annex.
Article 5 Special provisions on allocations 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 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. An exemption from the prohibition laid down in paragraph 1 shall apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific investigations, which may be undertaken 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, 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 fishing in subdivision 25 where water depth is less than 50 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted. 3. It shall be prohibited to fish with any type of fishing gear in subdivisions 22 and 23 from 1 February to 31 March and in subdivision 24 from 15 May to 15 August. 4. An exemption from the prohibition laid down in paragraph 3 shall apply in the following cases: (a) fishing operations conducted for the exclusive purpose of scientific 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, drifting lines, handlines and jigging equipment or similar passive gear in subdivisions 22 and 23 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, and in subdivision 24 in areas up to six nautical miles measured from the baselines 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 fishing in subdivision 24 up to six nautical miles measured from the baselines where the water depth is less than 40 metres for pelagic stocks for direct human consumption, using gears with a mesh size of 45 mm or less, and whose landings are sorted. 5. Masters of fishing vessels as referred to in paragraph 2, points (b) or (c) and paragraph 4, points (b) or (c) shall ensure that their fishing activity can be monitored at any time by the control authorities of the Member State.
Article 8 Measures on recreational fisheries for cod in subdivisions 22-26
1. In recreational fisheries, no more than five specimens of cod may be retained per fisherman per day in subdivisions 22 and 23 and in subdivision 24 within six nautical miles measured from the baselines, except in the period from 1 February to 31 march 2021, when no more than two specimens of cod may be retained per fisherman per day. 2. Recreational fishing for 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.
Article 9 Measures on sea trout and salmon fishing in subdivisions 22-32
1. It shall be prohibited for fishing vessels to fish for sea trout beyond four nautical miles measured from the baselines in subdivisions 22-32 from 1 January to 31 December 2021. When fishing for salmon in those waters, by-catches of sea trout shall not exceed 3 % of the total catch of salmon and sea trout at any moment on board or landed after each fishing trip. 2. This Article is without prejudice to more stringent national measures.
Article 10 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 shall apply to stocks subject to an analytical TAC. 2. Article 3(2) and (3) and Article 4 of Regulation (EC) No 847/96 does 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 11 Data transmission
Where, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States send data relating to quantities of stocks caught or landed to the Commission, they shall use the stock codes set out in the Annex to this Regulation.
Article 12 Amendment to Regulation (EU) 2020/123
In Annex IA, the Fishing opportunities table for Norway pout and associated by-catches in ICES division 3a and Union waters of ICES division 2a and ICES subarea 4 is replaced by the following: ‘Species: Norway pout and associated by-catches Trisopterus esmarkii Zone: 3a; Union waters of 2a and 4 (NOP/2A3A4.) Period 1 November 2019 – 31 October 2020 1 November 2020 – 31 December 2020 Analytical TAC Denmark 72 433 ( 9 ) ( 11 ) 29 972 ( 9 ) ( 14 ) Article 3 of Regulation (EC) No 847/96 shall not apply Germany 14 ( 9 ) ( 10 ) ( 11 ) 6 ( 9 ) ( 10 ) ( 14 ) Article 4 of Regulation (EC) No 847/96 shall not apply The Netherlands 53 ( 9 ) ( 10 ) ( 11 ) 22 ( 9 ) ( 10 ) ( 14 ) Union 72 500 ( 9 ) ( 11 ) 30 000 ( 9 ) ( 14 ) Norway 14 500 ( 12 ) pm Faroe Islands 5 000 ( 13 ) pm TAC Not relevant Not relevant
Article 13 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 2021, except Article 12 which shall apply from 1 November 2020 until 31 October 2021.