Article 1 Subject matter
1. This Regulation fixes fishing opportunities available in Union waters and to Union fishing vessels in certain non-Union waters, for certain fish stocks, including for certain deep-sea fish stocks.
Article 2 Scope
1. This Regulation applies to the following fishing vessels: (a) Union fishing vessels; and (b) third-country vessels in Union waters. 2. This Regulation also applies to: (a) certain recreational fisheries expressly referred to in the relevant provisions of this Regulation; and (b) commercial fisheries from shore.
Article 3 Definitions
For the purposes of this Regulation, the definitions in Article 4 of Regulation (EU) No 1380/2013 apply. In addition, the following definitions apply: (a) ‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country; (b) ‘recreational fisheries’ means non-commercial fishing activities exploiting marine biological resources in the context of recreation, tourism or sport; (c) ‘international waters’ means waters outside the sovereignty or jurisdiction of any State; (e) ‘quota’ means a proportion of a TAC that is allocated to the Union, a Member State or a third country; (f) ‘analytical assessment’ means a quantitative evaluation of trends in a given stock, based on data about the stock’s biology and exploitation, which scientific review has indicated to be of sufficient quality to provide scientific advice on options for future catches; (i) ‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC) No 1224/2009; (j) ‘instrumented buoy’ means a buoy clearly marked with a unique reference number allowing identification of its owner and equipped with a satellite tracking system to monitor its position; (k) ‘operational buoy’ means any instrumented buoy, previously activated, switched on and deployed at sea on a drifting fish aggregating device (FAD) or log, which transmits positions and other available information such as echo-sounder estimates.
Article 4 Fishing zones
For the purposes of this Regulation, the following zone definitions apply: (a) ICES (International Council for the Exploration of the Sea) zones are the geographical areas specified in Annex III to Regulation (EC) No 218/2009 of the European Parliament and of the Council ( 2 ); (b) ‘Skagerrak’ means the geographical area bounded on the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and on the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast; (c) ‘Kattegat’ means the geographical area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from that point to the nearest point on the Swedish coast and on the south by a line drawn from Hasenøre to Gnibens Spids, from Korshage to Spodsbjerg and from Gilbjerg Hoved to Kullen; (d) ‘functional unit 16 of ICES subarea 7’ means the geographical area bounded by rhumb lines sequentially joining the following positions: — 53° 30′ N 15° 00′ W, — 53° 30′ N 11° 00′ W, — 51° 30′ N 11° 00′ W, — 51° 30′ N 13° 00′ W, — 51° 00′ N 13° 00′ W, — 51° 00′ N 15° 00′ W; (e) ‘functional unit 25 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions: — 43° 00′ N 9° 00′ W, — 43° 00′ N 10° 00′ W, — 43° 30′ N 10° 00′ W, — 43° 30′ N 9° 00′ W, — 44° 00′ N 9° 00′ W, — 44° 00′ N 8° 00′ W, — 43° 30′ N 8° 00′ W; (f) ‘functional unit 26 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions: — 43° 00′ N 8° 00′ W, — 43° 00′ N 10° 00′ W, — 42° 00′ N 10° 00′ W, — 42° 00′ N 8° 00′ W; (g) ‘functional unit 27 of ICES division 9a’ means the geographical area bounded by rhumb lines sequentially joining the following positions: — 42° 00′ N 8° 00′ W, — 42° 00′ N 10° 00′ W, — 38° 30′ N 10° 00′ W, — 38° 30′ N 9° 00′ W, — 40° 00′ N 9° 00′ W, — 40° 00′ N 8° 00′ W; (h) ‘functional unit 30 of ICES division 9a’ means the geographical area under the jurisdiction of Spain in the Gulf of Cádiz and in the adjacent waters of ICES division 9a; (i) ‘functional unit 31 of ICES division 8c’ means the geographical sea area bounded by rhumb lines sequentially joining the following positions: — 43° 30′ N 6° 00′ W, — 44° 00′ N 6° 00′ W, — 44° 00′ N 2° 00′ W, — 43° 30′ N 2° 00′ W; (j) ‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of longitude 7° 23′ 48″ W; (l) CECAF (Committee for Eastern Central Atlantic Fisheries) areas are the geographical areas specified in Annex II to Regulation (EC) No 216/2009 of the European Parliament and of the Council ( 4 ); (m) ‘IATTC (Inter-American Tropical Tuna Commission) Convention area’ means the geographical area defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention) ( 5 ); (n) ‘ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention area’ means the geographical area defined in the International Convention for the Conservation of Atlantic Tunas ( 6 ); (o) ‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ means the geographical area defined in the Agreement for the establishment of the Indian Ocean Tuna Commission ( 7 ); (p) NAFO (Northwest Atlantic Fisheries Organisation) areas are the geographical areas specified in Annex III to Regulation (EC) No 217/2009 of the European Parliament and of the Council ( 8 ); (q) ‘SEAFO (South East Atlantic Fisheries Organisation) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean ( 9 ); (r) ‘SIOFA (Southern Indian Ocean Fisheries Agreement) Agreement Area’ means the geographical area defined in the Southern Indian Ocean Fisheries Agreement ( 10 ); (s) ‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean ( 11 ); (t) ‘WCPFC (Western and Central Pacific Fisheries Commission) Convention area’ means the geographical area defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean ( 12 ); (u) ‘high seas of the Bering Sea’ means the geographical area of the high seas of the Bering Sea beyond 200 nautical miles from the baselines from which the breadth of the territorial seas of the coastal States of the Bering Sea is measured; (v) ‘overlap area between IATTC and WCPFC Convention areas’ means the geographical area defined by the following limits: — longitude 150° W, — longitude 130° W, — latitude 4° S, — latitude 50° S; (w) ‘GFCM geographical subareas’ mean the areas defined in Annex I to Regulation (EU) No 1343/2011 of the European Parliament and of the Council ( 13 ).
Article 5 TACs and allocations
1. The TACs for Union fishing vessels in Union waters and certain non-Union waters, their allocation among Member States and, where appropriate, the conditions functionally linked thereto are set out in Annex I. 2. Union fishing vessels may be authorised to fish in waters under the fisheries jurisdiction of the Faroe Islands, Greenland, Norway and in the fishing zone around Jan Mayen subject to the TACs set out in Annex I to this Regulation and subject to the conditions provided for in Article 20 and Part A of Annex V to this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council ( 14 ) and its implementing provisions. 3. Union fishing vessels may be authorised to fish in waters under the fisheries jurisdiction of the United Kingdom subject to the TACs in Annex I to this Regulation and subject to the conditions provided for in Article 20 of this Regulation and in Regulation (EU) 2017/2403 and its implementing provisions.
Article 6 TACs to be determined by Member States
1. The TACs for certain fish stocks identified in Annex I shall be determined by the Member State concerned. 4. For the TAC for black scabbardfish ( Aphanopus carbo ) in CECAF area 34.1.2, Portugal shall submit the information referred to in paragraph 3 for that TAC for 2023 by 15 March 2023 and for that TAC for 2024 by 15 March 2024.
Article 8 Conditions for landing catches and by-catches
2. For the purposes of the derogation from the obligation to count catches against the relevant quotas, as provided for in Article 15(8) of Regulation (EU) No 1380/2013, the stocks of non-target species within safe biological limits referred to in that Article are identified in Annex I to this Regulation.
Article 9 Quota-exchange mechanism for TACs for unavoidable by-catches
1. In order to take account of the landing obligation and to make quotas for certain by-catches available to Member States without a quota, the quota-exchange mechanism set out in paragraphs 2 to 5 shall apply to the TACs identified in Annex IA. 2. 6 % of each quota from the TACs for cod ( Gadus morhua ) in the Celtic Sea, cod in the West of Scotland, whiting in the Irish Sea and plaice in ICES divisions 7h, 7j and 7k, and 3 % of each quota from the TAC for West of Scotland whiting, allocated to each Member State, shall be made available for a pool for quota exchanges (‘the pool’), which shall open as of 1 January 2023. Member States without quota shall have exclusive access to the quota pool until 30 April 2023. 3. The quantities drawn from the pool may not be exchanged or transferred to the following year. After 30 April 2023, any unused quantities shall be returned to the Member States that initially contributed to the pool. 4. Member States without a quota shall provide in return quotas for stocks listed in Annex IA, Part C, unless the Member State without a quota and the Member State contributing to the pool agree otherwise. 5. The quotas referred to in paragraph 4 shall be of equivalent commercial value, determined on the basis of a market exchange rate or other mutually acceptable exchange rates. In the absence of alternatives, the equivalent commercial value shall be determined on the basis of average Union prices from the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products. 6. Where the quota-exchange mechanism set out in paragraphs 2 to 5 does not allow Member States to cover their unavoidable by-catches to a similar extent, Member States shall endeavour to agree on quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, ensuring that quotas exchanged are of equivalent commercial value.
Article 10 Fishing effort limits in ICES division 7e
1. For the period referred to in point (b) of Article 1(2), the technical aspects of the rights and obligations for the management of the sole stock in ICES division 7e are set out in Annex II. 2. At the request of a Member State in accordance with point 7.4 of Annex II, the Commission may adopt an implementing act by which it allocates to that Member State a number of days at sea in addition to those referred to in point 5 of Annex II, on which it may authorise a fishing vessel under its flag to be present in ICES division 7e when carrying on board any regulated gear. The Commission shall adopt that implementing act in accordance with the examination procedure referred to in Article 57(2). 3. At the request of a Member State, the Commission may adopt an implementing act by which it allocates to that Member State a maximum of three days between 1 February 2023 and 31 January 2024, in addition to those referred to in point 5 of Annex II, on which a fishing vessel may be present in ICES division 7e on the basis of an enhanced programme of scientific observer coverage, as referred to in point 8.1 of Annex II. It shall make such an allocation on the basis of the description submitted by that Member State in accordance with point 8.3 of Annex II and following consultation with the STECF. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 57(2).
Article 11 Measures on European seabass fisheries in ICES divisions 4b, 4c and 6a and ICES subarea 7
1. It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass ( Dicentrarchus labrax ) in ICES divisions 4b and 4c and in ICES subarea 7 or to retain on board, tranship, relocate or land European seabass caught in that area. 2. The prohibition set out in paragraph 1 shall not apply to by-catches of seabass in shore-based commercial netting activities. This exemption applies to historic numbers of beach nets set at pre-2017 levels. Shore-based commercial netting activities shall not target seabass and only unavoidable by-catches of seabass may be landed. The derogations set out in the first subparagraph, point (c), shall apply to Union fishing vessels that have recorded catches of European seabass using hooks and lines over the period from 1 July 2015 to 30 September 2016. The derogations set out in the first subparagraph, point (d), shall apply to Union fishing vessels that have recorded catches of European seabass using fixed gillnets over the period from 1 July 2015 to 30 September 2016. In the case of a replacement of a Union fishing vessel, Member States may allow the derogations to apply to another Union fishing vessel provided that the number of Union fishing vessels subject to each of the derogations and their overall fishing capacity do not increase. 4. The catch limits set out in paragraph 3 shall not be transferable between fishing vessels. 6. Paragraph 5 shall be without prejudice to more stringent national measures on recreational fisheries.
Article 12 Measures on European seabass fisheries in ICES divisions 8a and 8b
2. In recreational fisheries, including from shore, in ICES divisions 8a and 8b: (a) a maximum of two specimens of European seabass may be caught and retained per fisher per day; (b) fixed nets shall not be used to catch or retain European seabass. 3. Paragraph 2 shall apply without prejudice to more stringent national measures on recreational fisheries.
Article 13 Measures on European eel fisheries
1. This Article applies to Union waters, including brackish waters, such as estuaries, coastal lagoons and transitional waters, and for Union fishing vessels in GFCM geographical subareas 1 to 27. This Article does not apply to GFCM geographical subarea 29. 3. In GFCM geographical subareas 1 to 27, the closure period shall be from 1 January to 31 March 2023, and an additional closure period of three months to be established by each Member State concerned between 1 April and 30 November 2023. 6. Recreational fisheries of European eel at all life stages shall be prohibited.
Article 14 Special provisions on allocations of fishing opportunities
2. Stocks subject to precautionary or analytical TACs for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96 are identified in Annex I to this Regulation. 3. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC, and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC. 4. Articles 3 and 4 of Regulation (EC) No 847/96 shall 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 15 Closed fishing seasons for sandeels
Commercial fishing for sandeels ( Ammodytes spp.) with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a and 3a and in ICES subarea 4 from 1 January to 31 March 2023 and from 1 August to 31 December 2023.
Article 16 Remedial measures for cod in the North Sea
1. The areas closed to fishing, except with pelagic gear (purse seines and trawls), and the periods during which the closures apply are set out in Annex IV. 2. Vessels fishing with bottom trawls and seines with minimum mesh size of at least 70 mm in ICES divisions 4a and 4b or at least 90 mm in ICES division 3a, and longlines ( 19 ) shall be prohibited from fishing in Union waters of ICES division 4a, north of latitude 58° 30′ 00″ N and south of latitude 61° 30′ 00″ N, and in Union waters of ICES divisions 3a.20 (Skagerrak), 4a and 4b, north of latitude 57° 00′ 00″ N and east of longitude 5° 00′ 00″ E. 4. Member States shall enhance the monitoring, control and surveillance of fishing vessels referred to in paragraph 2 in order to ensure compliance with the conditions laid down in paragraph 3. 5. This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.
Article 17 Remedial measures for cod in the Kattegat
2. Union fishing vessels participating in a project run by a Member State and having functioning equipment for fully documented fisheries may use a gear in accordance with Part B of Annex V to Regulation (EU) 2019/1241. The Member State in question shall communicate a list of such vessels to the Commission. 3. This Article shall not apply to fishing operations conducted for the exclusive purpose of scientific investigations, provided that those investigations are carried out in compliance with Article 25 of Regulation (EU) 2019/1241.
Article 18 Prohibited species
2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.
Article 19 Data transmission
When Member States submit to the Commission data relating to landings and fishing effort pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, they shall use the stock codes set out in Annex I to this Regulation.
Article 20 Fishing authorisations
1. The maximum numbers of fishing authorisations for Union fishing vessels in third-country waters, where applicable, are set out in Part A of Annex V. 2. Where one Member State transfers quota to another in the fishing areas set out in Part A of Annex V to this Regulation in accordance with Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and be notified to the Commission. The total number of authorisations for each fishing area, as set out in Part A of Annex V to this Regulation, shall not be exceeded.
Article 21 Quota transfers and exchanges
1. Where the rules of a regional fisheries management organisation (RFMO) permit quota transfers or exchanges between the Contracting Parties to that RFMO, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to that RFMO and establish a possible outline of an intended quota transfer or exchange, as appropriate. The Member State concerned shall notify the Commission of the outline. 2. On being notified in accordance with paragraph 1, the Commission may endorse the outline of the intended quota transfer or exchange. If the Commission endorses the outline, it shall express, without undue delay, the consent to be bound by the intended quota transfer or exchange. It shall notify the secretariat of the RFMO of the transfer or exchange in accordance with the rules of that RFMO. 3. The Commission shall inform the Member States of any agreed quota transfer or exchange. 4. The fishing opportunities received or transferred by the Member State concerned under the quota transfer or exchange shall be deemed to be quotas added to, or deducted from, its allocation as of the moment when the transfer or exchange takes effect under the terms of the agreement with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Article 22 Redfish in the Irminger Sea
1. All fishing activities shall be prohibited in the area bounded by following coordinates measured according to the WGS84 system: Latitude Longitude 63 ° 0 ′ -30 ° 0 ′ 61 ° 30 ′ -27 ° 35 ′ 60 ° 45 ′ -28 ° 45 ′ 62 ° 0 ′ -31 ° 35 ′ 63 ° 0 ′ -30 ° 0 ′ 2. Vessels shall be prohibited from fishing, retaining on board, transhipping or landing in Union ports and Union fishing vessels also in third-country ports shallow pelagic and deep pelagic beaked redfish ( Sebastes mentella ) from the Irminger Sea and adjacent waters (ICES subareas 5, 12 and 14, and NAFO subareas 1 and 2). 3. Union fishing vessels shall be prohibited from participating in transhipment operations involving the stocks referred to in paragraph 2.
Article 23 Fishing, farming and fattening capacity limitations
1. The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna ( Thunnus thynnus ) between 8 kg/75 cm and 30 kg/115 cm in the eastern Atlantic shall be limited as set out in point 1 of Annex VI. 2. The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex VI. 3. The number of Union fishing vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex VI. 4. The number of Union fishing vessels authorised to fish for, retain on board, tranship, transport or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex VI. 5. The number of traps engaged in bluefin tuna fishery in the eastern Atlantic and Mediterranean shall be limited as set out in point 5 of Annex VI. 6. The bluefin tuna total farming and fattening capacity and the maximum input of wild-caught bluefin tuna allocated to farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex VI. 7. The maximum number of Union fishing vessels authorised to fish for northern albacore ( Thunnus alalunga ) as a target species in accordance with Article 12 of Council Regulation (EC) No 520/2007 ( 21 ) shall be limited as set out in point 7 of Annex VI to this Regulation. 8. The maximum number of Union fishing vessels of at least 20 m length fishing for bigeye tuna ( Thunnus obesus ) in the ICCAT Convention area shall be limited as set out in point 8 of Annex VI.
Article 24 Recreational fisheries
Where appropriate, Member States shall allocate a specific share from their allocated quotas to recreational fisheries, as set out in Annex ID.
Article 25 Sharks
1. It shall be prohibited to retain on board, tranship or land any part or whole carcass of bigeye thresher sharks ( Alopias superciliosus ) caught in any fishery. 2. It shall be prohibited to engage in directed fishery for species of thresher sharks of the Alopias genus. 3. It shall be prohibited to retain on board, tranship or land any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except Sphyrna tiburo ) caught in fisheries in the ICCAT Convention area. 4. It shall be prohibited to retain on board, tranship or land any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) caught in any fishery. 5. It shall be prohibited to retain on board silky sharks ( Carcharhinus falciformis ) caught in any fishery. 6. It shall be prohibited to retain on board, tranship or land any part or whole carcass of North Atlantic shortfin mako ( Isurus oxyrinchus ) caught in fisheries in the ICCAT Convention area.
Article 26 FADs for tropical tunas
1. It shall be prohibited to use FADs in the ICCAT Convention area from 1 January to 13 March 2023. 2. During the 15 days before the start of the period referred to in paragraph 1, from 17 December 2022 to 31 December 2022, Member States shall ensure that their fishing vessels do not deploy FADs. Each fishing vessel shall have no more than 300 FADs with operational buoys deployed at any time in the ICCAT Convention area. 3. Member States shall report to the Commission historical data on fishing gear set around FADs by their purse-seine vessels by 30 June 2023. If a Member State does not report those data by that date, fishing vessels flying its flag shall not set fishing gear around FADs until the Commission receives those data from that Member State for further reporting to ICCAT.
Article 27 Exploratory fisheries notifications for toothfish
Member States may participate in longline exploratory fisheries for toothfish ( Dissostichus spp.) in FAO subareas 88.1 and 88.2, and FAO divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2023. Member States intending to do so shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 no later than 1 June 2023.
Article 28 Limits on exploratory fisheries for toothfish
1. Fishing for toothfish in the 2022–2023 fishing season shall be limited to the Member States, subareas and number of fishing vessels set out in Table A in Annex VII, and the TACs and by-catch limits set out in Table B in that Annex shall apply. 2. Direct fishing of shark species for purposes other than scientific research shall be prohibited. Any by-catch of shark, especially juveniles and gravid females, taken accidentally in the toothfish fishery shall be released alive. 3. Where applicable, fishing in any small-scale research unit (SSRU) shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the fishing season. 4. Fishing shall take place over as large a geographical and bathymetric range as possible, so as to obtain the information necessary to determine fishery potential and avoid an over-concentration of catch and fishing effort. However, fishing in FAO subareas 48.6 and 88.1, and in FAO division 58.4.3a, where permitted under Article 26, shall be prohibited in depths of less than 550 m.
Article 29 Krill fishery during the 2022–2023 fishing season
1. Member States intending to fish for krill ( Euphausia superba ) in the CCAMLR Convention area during the 2022–2023 fishing season shall notify the Commission thereof no later than 1 May 2023, using the form in Part B of the Appendix to Annex VII. On the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2023. 2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each fishing vessel to be authorised to participate in the krill fishery. 3. A Member State intending to fish for krill in the CCAMLR Convention area shall notify its intention to do so only in respect of authorised fishing vessels that, at the time of the notification: (a) are flying its flag; or (b) are flying the flag of another CCAMLR member and are expected to be flying the flag of that Member State at the time the fishery takes place. 5. Member States shall not authorise a fishing vessel placed on any CCAMLR illegal, unreported and unregulated (IUU) fishing vessel list to participate in krill fisheries.
Article 30 Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence
1. The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VIII. 2. The maximum number of Union fishing vessels fishing for swordfish ( Xiphias gladius ) and albacore ( Thunnus alalunga ) in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VIII. 3. Member States may reallocate fishing vessels assigned to one of the fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that such change does not lead to an increase of fishing effort in respect of the fish stocks in question. 4. Where a transfer of capacity to the fleet of a Member State is proposed, that Member State shall ensure that fishing vessels to be transferred are on the IOTC record of authorised vessels or on the record of vessels of other RFMOs managing tuna fisheries. Fishing vessels that appear on any RFMO’s list of vessels that have engaged in IUU fishing activities may not be transferred. 5. Member States may increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 only within the limits set out in the development plans submitted to the IOTC.
Article 31 Drifting FADs and supply vessels
1. Drifting FADs shall be equipped with instrumented buoys. The use of any other buoys, such as radio buoys, shall be prohibited. 2. A purse-seine vessel shall follow no more than 300 operational buoys at any time. 3. No more than 500 instrumented buoys shall be acquired annually for each purse-seine vessel. No purse-seine vessel shall have more than 500 instrumented buoys (in stock and operational) at any time. 4. No more than three supply vessels shall operate in support of not less than ten purse-seine vessels, all flying the flag of a Member State. This provision shall not apply to Member States using only one supply vessel. 5. A single purse-seine vessel shall not be supported by more than one supply vessel flying the flag of a Member State at any time. 6. The Union shall not register new or additional supply vessels in the IOTC record of authorised vessels.
Article 32 Sharks
1. It shall be prohibited to retain on board, tranship or land any part or whole carcass of thresher sharks of all species of the Alopiidae family in any fishery. 2. It shall be prohibited to retain on board, tranship or land any part or whole carcass of oceanic whitetip sharks ( Carcharhinus longimanus ) in any fishery, except for fishing vessels under 24 m overall length engaged solely in fishing operations in their flag Member State’s exclusive economic zone, provided that their catch is destined solely for local consumption. 3. When accidentally caught, specimens of the species referred to in paragraphs 1 and 2 shall not be harmed and shall be promptly released.
Article 33 Mobulid rays
1. Union fishing vessels shall not fish for, and shall not retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of mobulid rays ( Mobulidae family, including the genera Manta and Mobula ), except where the fish caught are consumed directly by the fishers’ families (‘subsistence fishery’). However, mobulid rays that are unintentionally caught through artisanal fishing (fisheries other than surface fisheries, i.e. purse seines, pole and line, gillnet fisheries, handline and trolling vessels, or longline fisheries undertaken by vessels registered in the IOTC record of authorised vessels) may be landed for purposes of local consumption. 2. All fishing vessels, other than those engaged in subsistence fishery, shall promptly release mobulid rays alive and unharmed, to the extent practicable, as soon as they are seen in the net, on the hook or on the deck, in a manner that will result in the least possible harm to those specimens.
Article 34 Pelagic fisheries
1. Only those Member States that have actively exercised pelagic fisheries activities in the SPRFMO Convention area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IH. 3. The Member States referred to in paragraph 1 may use the fishing opportunities set out in Annex IH only if they send the following information to the Commission by the fifteenth day of the following month, so that the Commission can communicate it to the SPRFMO Secretariat: (a) a list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention area; (b) monthly catch reports.
Article 35 Purse-seine fisheries
1. Purse-seine vessels shall not fish for yellowfin tuna ( Thunnus albacares ), bigeye tuna ( Thunnus obesus ) or skipjack tuna ( Katsuwonus pelamis ): (a) from 00.00 hours on 29 July 2023 to 24.00 hours on 8 October 2023 or from 00.00 hours on 9 November 2023 to 24.00 hours on 19 January 2024 in the area defined by the following limits: — the Pacific coastlines of the Americas, — longitude 150° W, — latitude 40° N, — latitude 40° S; (b) from 00.00 hours on 9 October 2023 to 24.00 hours on 8 November 2023 in the area defined by the following limits: — longitude 96° W, — longitude 110° W, — latitude 4° N, — latitude 3° S. 2. For each of the fishing vessels referred to in paragraph 1 and flying the flag of a Member State, that flag Member State shall inform the Commission before 1 April 2023 which of the closure periods referred to in paragraph 1, point (a), the fishing vessel has selected. 3. Purse-seine vessels fishing for tuna in the IATTC Convention area shall retain on board and then tranship or land all yellowfin, bigeye and skipjack tuna that they catch. 4. Paragraph 3 shall not apply: (a) where the fish is considered unfit for human consumption for reasons other than size; (b) during the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set.
Article 36 Drifting FADs
1. A purse-seine vessel shall have no more than 400 FADs active at any time in the IATTC Convention area. A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or operator. A FAD shall be activated only on board a purse-seine vessel.
Article 37 Catch limits for bigeye tuna in longline fisheries
The total annual catches of bigeye tuna in the IATTC Convention area by each Member State’s longline vessels are set out in Annex IL.
Article 38 Prohibition of fishing for oceanic whitetip sharks
1. It shall be prohibited to fish for oceanic whitetip sharks ( Carcharhinus longimanus ) in the IATTC Convention area and to retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of oceanic whitetip sharks caught in that area. 2. When accidentally caught, specimens of oceanic whitetip sharks shall not be harmed and shall be promptly released by fishing vessel operators. 3. Fishing vessel operators shall record the number of releases with indication of status (dead or alive) and report that information to the Member State of which they are nationals. Member States shall transmit that information collected during 2022 to the Commission by 31 January 2023.
Article 39 Prohibition of fishing for mobulid rays
Union fishing vessels in the IATTC Convention area shall not fish for mobulid rays ( Mobulidae family, including the genera Manta and Mobula ) and shall not retain on board, tranship, land, store, offer for sale or sell any part or whole carcass of mobulid rays caught in that area. As soon as they notice that mobulid rays have been caught, they shall promptly release them, where possible alive and unharmed.
Article 40 Prohibition of fishing for deep-water sharks
Directed fishing for the following deep-water sharks in the SEAFO Convention area shall be prohibited: (a) ghost catshark ( Apristurus manis ); (b) blurred smooth lanternshark ( Etmopterus bigelowi ); (c) shorttail lanternshark ( Etmopterus brachyurus ); (d) great lanternshark ( Etmopterus princeps ); (e) smooth lanternshark ( Etmopterus pusillus ); (f) skates ( Rajidae ); (g) velvet dogfish ( Scymnodon squamulosus ); (h) sharks of the Selachimorpha super-order; (i) picked dogfish ( Squalus acanthias ).
Article 41 Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and South Pacific albacore fisheries
1. Member States shall ensure that no more than 403 fishing days are allocated to purse-seine vessels fishing for bigeye tuna ( Thunnus obesus ), yellowfin tuna ( Thunnus albacares ) and skipjack tuna ( Katsuwonus pelamis ) in the part of the WCPFC Convention area located in the high seas between 20° N and 20° S. 2. Union fishing vessels shall not target South Pacific albacore ( Thunnus alalunga ) in the WCPFC Convention area south of 20° S. 3. Member States shall ensure that catches of bigeye tuna ( Thunnus obesus ) by longliners in 2023 do not exceed the limits set out in the table in Annex IG.
Article 42 Management of fishing with FADs
1. In the part of the WCPFC Convention area located between 20° N and 20° S, purse-seine vessels shall not deploy, service or set nets on FADs between 00.00 hours on 1 July 2023 and 24.00 hours on 30 September 2023. 2. In addition to the prohibition in paragraph 1, it shall be prohibited to set nets on FADs on the high seas of the WCPFC Convention area located between 20° N and 20° S for an additional two months, either from 00.00 hours on 1 April 2023 to 24.00 hours on 31 May 2023, or from 00.00 hours on 1 November 2023 to 24.00 hours on 31 December 2023. 3. Each Member State concerned shall determine which of the closure periods referred to in paragraph 2 shall apply to purse-seine vessels flying its flag. The Member States shall inform the Commission by 15 February 2023 of the closure period selected. The Commission shall notify the secretariat of the WCPFC of the closure periods selected by Member States before 1 March 2023. 4. Each Member State shall ensure that none of its purse-seine vessels deploy at sea, at any time, more than 350 FADs with activated instrumented buoys. Buoys shall be activated exclusively on board a purse-seine vessel.
Article 43 Maximum number of Union fishing vessels authorised to fish for swordfish
The maximum number of Union fishing vessels authorised to fish for swordfish ( Xiphias gladius ) in areas of the WCPFC Convention area south of 20° S shall be as set out in Annex IX.
Article 44 Catch limits for swordfish in longline fisheries south of 20° S
Member States shall ensure that catches of swordfish ( Xiphias gladius ) south of 20° S by longliners in 2023 do not exceed the limit set out in Annex IG. They shall also ensure that this does not result in a shift of the fishing effort for swordfish to the area north of 20° S.
Article 45 Silky sharks and oceanic whitetip sharks
1. It shall be prohibited to retain on board, tranship, land or store any part or whole carcass of the following species in the WCPFC Convention area: (a) silky sharks ( Carcharhinus falciformis ); (b) oceanic whitetip sharks ( Carcharhinus longimanus ). 2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.
Article 46 Prohibition on fishing in the high seas of the Bering Sea
It shall be prohibited to fish for pollock ( Gadus chalcogrammus ) in the high seas of the Bering Sea.
Article 47 Limits to bottom fishing
Member States shall ensure that fishing vessels flying their flag that fish in the SIOFA Agreement Area: (a) limit their annual bottom fishing effort to the level set out in Annex X; (b) do not bottom fish except using demersal longlines; (c) do not fish in the interim protected areas of Atlantis Bank, Coral, Fools Flat, Middle of What and Walter’s Shoal, as defined in Annex IK, except with demersal longlines and on condition of having a scientific observer on board at all times while fishing in those areas.
Article 48 Prohibition of targeting deep-water sharks
Directed fishing for the following deep-water sharks in the SIOFA Agreement Area shall be prohibited: (a) Portuguese dogfish ( Centroscymnus coelolepis ); (b) birdbeak dogfish ( Deania calcea ); (c) gulper shark ( Centrophorus granulosus ); (d) kitefin shark ( Dalatias licha ); (e) Bach’s catshark ( Bythaelurus bachi ); (f) dark-mouth chimaera ( Chimaera buccanigella ); (g) the Falkor chimaera ( Chimaera didierae ); (h) seafarer’s ghostshark ( Chimaera willwatchi ); (i) longnose velvet dogfish ( Centroscymnus crepidater ); (j) plunket shark ( Centroscymnus plunketi ); (k) velvet dogfish ( Zameus squamulosus ); (l) whitecheek lanternshark ( Etmopterus alphus ); (m) smallbelly catshark ( Apristurus indicus ); (n) bentnose rabbitfish ( Harriota raleighana ); (o) narrowhead catshark ( Bythaelurus tenuicephalus ); (p) frilled shark ( Chlamydoselachus anguineus ); (q) bigeyed six-gill shark ( Hexanchus nakamurai ); (r) smooth lanternshark ( Etmopterus pusillus ); (s) southern sleeper shark ( Somniosus antarcticus ); (t) goblin shark ( Mitsukurina owstoni ).
Article 49 Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands
Fishing vessels flying the flag of Norway and fishing vessels registered in the Faroe Islands may be authorised to fish in Union waters subject to the TACs set out in Annex I, and subject to the conditions provided for in this Regulation and Title III of Regulation (EU) 2017/2403.
Article 50 Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a United Kingdom fisheries administration
Fishing vessels flying the flag of the United Kingdom, registered in the United Kingdom and licensed by a fisheries administration of the United Kingdom may be authorised to fish in Union waters subject to the TACs set out in Annex I, and subject to the conditions provided for in this Regulation and Regulation (EU) 2017/2403.
Article 51 Quota transfers and exchanges with the United Kingdom
1. Any quota transfer or exchange between the Union and the United Kingdom shall take place in accordance with this Article. 2. A Member State intending to transfer or exchange quotas with the United Kingdom may discuss with the United Kingdom an outline of the quota transfer or exchange. The Member State concerned shall notify the Commission of the outline. 3. If the Commission endorses an outline of the quota transfer or exchange referred to in paragraph 2 notified by the Member State concerned, it shall express, without undue delay, the consent to be bound by such quota transfer or exchange. The Commission shall notify the United Kingdom and the Member States of the agreed quota transfer or exchange. 4. The fishing opportunities received from or transferred to the United Kingdom under the agreed quota transfer or exchange shall be deemed to be quotas added to, or deducted from, the allocation of the Member State concerned as of the moment when the quota transfer or exchange has been notified in accordance with paragraph 3. Such transfers and exchanges shall not affect the distribution key for allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.
Article 52 Fishing vessels flying the flag of Venezuela
Fishing vessels flying the flag of Venezuela shall be subject to the conditions provided for in this Regulation and Title III of Regulation (EU) 2017/2403.
Article 53 Fishing authorisations
The maximum number of fishing authorisations for third-country vessels fishing in Union waters shall be as set out in Part B of Annex V.
Article 54 Conditions for landing catches and by-catches
The conditions laid down in Article 8 of this Regulation shall apply to the catches and by-catches of third-country vessels fishing under the authorisations referred to in Article 53 of this Regulation.
Article 55 Prohibited species
2. When accidentally caught, specimens of the species referred to in paragraph 1 shall not be harmed and shall be promptly released.
Article 56 Amendment to Regulation (EU) 2022/109
In Annex IB of Regulation (EU) 2022/109, the fishing opportunities table for capelin ( Mallotus villosus ) in Greenland waters of 5 and 14 is replaced by the following: ‘Species: Capelin Mallotus villosus Zone: Greenland waters of 5 and 14 (CAP/514GRN) Denmark 0 Analytical TAC Article 3 of Regulation (EC) No 847/96 shall not apply Article 4 of Regulation (EC) No 847/96 shall not apply Germany 0 Sweden 0 All Member States 0 (1) Union 0 (2) Norway 7 760 (2) TAC Not relevant (1) Denmark, Germany and Sweden may access the ‘All Member States’ quota only once they have exhausted their own quota. However, Member States with more than 10 % of the Union quota shall not access the ‘All Member States’ quota at all. Catches to be counted against this shared quota shall be reported separately (CAP/514GRN_AMS). (2) For a fishing period from 15 October 2022 to 15 April 2023.’.
Article 57 Committee procedure
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Regulation (EU) No 1380/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 58 Transitional provisions
1. Articles 11 to 13, 15 to 17, Article 18(1), points (a) to (n), Articles 22, 25, 32, 33, 38 to 40, 45, 46, 48 and Article 55(1), points (a) to (i), shall continue to apply, mutatis mutandis , in 2024 until the entry into force of the Regulation fixing the fishing opportunities for 2024. 2. Article 18(1), points (o) and (p), and Article 55(1), points (j) and (k), shall continue to apply, mutatis mutandis , in 2025 until the entry into force of the Regulation fixing the fishing opportunities for 2025.
Article 59 Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .