Article 1 Subject matter
This Regulation establishes a multi-annual plan for the fisheries exploiting the stock of herring ( Clupea harengus ) in international and Community waters of ICES zones Vb and VIb, and that part of ICES zone VIa which lies west of the meridian of longitude 7 o W and north of the parallel of latitude 55 o N, or east of the meridian of longitude 7 o W and north of the parallel of latitude 56 o N, excluding the Clyde (hereinafter together referred to as the area west of Scotland).
Article 2 Definitions
For the purposes of this Regulation, the definitions laid down in Article 3 of Regulation (EC) No 2371/2002 shall apply. In addition, the following definitions shall apply: (a) ‘ICES zones’ means the zones as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic ( 7 ) ; (b) ‘total allowable catch (TAC)’ means the quantity that can be taken and landed from the stock each year; (c) ‘VMS’ means a satellite-based Vessel Monitoring System, within the meaning of Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems ( 8 ) ; (d) ‘appropriate age groups’ means the ages from three to seven years (inclusive), or other age groups identified as appropriate by the Scientific, Technical and Economic Committee for Fisheries (STECF).
Article 3 Objective and targets
1. The multi-annual plan shall ensure the exploitation of the herring stock in the area west of Scotland on the basis of maximum sustainable yield. 2. The objective in paragraph 1 shall be attained by: (a) maintaining the fishing mortality rate at 0,25 per year on appropriate age groups when the spawning stock biomass level is equal or superior to 75 000 tonnes; (b) maintaining the fishing mortality rate at no more than 0,2 per year on appropriate age groups when the spawning stock biomass level is below 75 000 tonnes but equal or superior to 50 000 tonnes; (c) providing for the closure of the fishery in the event that the spawning stock biomass level falls below 50 000 tonnes. 3. The objective set out in paragraph 1 shall be attained within an annual variation in the TAC limited to 20 % or 25 % depending on the situation of the stock.
Article 4 Setting of TACs
1. Each year, the Council, acting by qualified majority on the basis of a proposal from the Commission, shall fix for the following year the TAC applicable to the herring stock in the area west of Scotland, in accordance with paragraphs 2 to 6. 2. When STECF considers that the spawning stock biomass level will be equal or superior to 75 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of STECF, will result in a fishing mortality rate of 0,25 per year. However, the annual variation in the TAC shall be limited to 20 %. 3. When the STECF considers that the spawning stock biomass level will be less than 75 000 tonnes but equal or superior to 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at a level which, according to the advice of STECF, will result in a fishing mortality rate of 0,2 per year. However, the annual variation of the TAC shall be limited to: (a) 20 % if the spawning stock biomass level is estimated to be equal or superior to 62 500 tonnes but less than 75 000 tonnes; (b) 25 % if the spawning stock biomass level is estimated to be equal or superior to 50 000 tonnes but less than 62 500 tonnes. 4. When STECF considers that the spawning stock biomass level will be less than 50 000 tonnes in the year for which the TAC is to be fixed, the TAC shall be set at 0 tonnes. 5. For the purposes of the calculation to be carried out in accordance with paragraphs 2 and 3, STECF shall assume that the stock experiences a fishing mortality rate of 0,25 in the year prior to the year for which the TAC is to be fixed. 6. By way of derogation from paragraphs 2 or 3, if STECF considers that the herring stock in the area west of Scotland is failing properly to recover, the TAC shall be set at a level lower than that provided for in those paragraphs.
Article 5 Special fishing permit
1. In order to fish for herring in the area west of Scotland, vessels shall hold a special fishing permit issued in accordance with Article 7 of Regulation (EC) No 1627/94. 2. It shall be prohibited for any fishing vessel not holding a fishing permit as referred to in paragraph 1 to fish for, or retain on board, any quantity of herring while the vessel is engaged on a fishing trip that has included the presence of that vessel in the area west of Scotland. 3. Vessels to which the special fishing permit referred to in paragraph 1 has been issued shall not be permitted to fish outside the area west of Scotland during the same fishing trip. 4. Paragraph 3 shall not apply to vessels which transmit their catch report on a daily basis to the Fisheries Monitoring centre of the flag Member State, as referred to in Article 3(7) of Regulation (EEC) No 2847/93, for inclusion in its computerised database. 5. Each Member State shall establish and maintain a list of vessels holding the special permit referred to in paragraph 1 and make it available, on its official website, to the Commission and other Member States. The vessels to which the provisions of paragraph 4 apply shall be clearly identified on the list.
Article 6 Cross-checks
In addition to the obligations laid down in Article 19 of Regulation (EEC) No 2847/93, Member States shall carry out administrative cross-checks by comparing the landing declarations, the fishing areas and catches recorded in the logbook, catch reports submitted in accordance with Article 5(4) of this Regulation and VMS data. Such cross-checks shall be recorded and made available to the Commission on request.
Article 7 Revision of minimum fishing mortality rates
Where the Commission, on the basis of advice from STECF, finds that the fishing mortality rates and associated spawning stock biomass levels, specified in Article 3(2), are not appropriate to achieve the objective specified in Article 3(1), the Council shall, on the basis of a Commission proposal, decide by qualified majority on a revision of those biomass levels and/or rates.
Article 8 Evaluation and review of the multi-annual plan
1. The Commission shall request, each year, advice from STECF and the Pelagic Regional Advisory Council on the achievement of the targets of the multi-annual plan. Where the advice indicates that the targets are not being met, the Council of the EU shall decide by qualified majority, on a proposal from the Commission, on additional and/or alternative measures to ensure that the targets are met. 2. At least every four years from 18 December 2008, the Commission shall review the geographical area of application, the biological reference levels and the performance and operation of the multi-annual plan. In the framework of this review, the Commission shall seek the advice of the STECF and of the Pelagic Regional Advisory Council. Where appropriate, the Council of the EU shall decide by qualified majority, on a proposal from the Commission, on appropriate adaptations to the multi-annual plan, as regards the geographical area of application referred to in Article 1, the biological reference levels referred to in Article 3 or the rules for setting TACs referred to in Article 4.
Article 9 European Fisheries Fund
Where the spawning biomass of herring is assessed by STECF to be equal or superior to 75 000 tonnes, the multi-annual plan shall be deemed to be a management plan within the meaning of Article 6 of Regulation (EC) No 2371/2002 and for the purposes of Article 21(a)(iv) of Regulation (EC) No 1198/2006. In all other cases, the multi-annual plan shall be deemed to be 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 Regulation (EC) No 1198/2006.
Article 10 Entry into force
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union .