Council of the
European Union
Brussels, 27 November 2018
(OR. en)
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OUTCOME OF PROCEEDINGS
From:
General Secretariat of the Council
To:
Delegations
Subject:
Proposal for a Council Regulation fixing for 2019 the fishing opportunities
for certain fish stocks and groups of fish stocks, applicable in Union waters
and, for Union fishing vessels, in certain non-Union waters
Following discussions in the Working Party on Internal Fisheries Policy, delegations will find
attached a "bible". Delegations' comments are in
bold and italics.
This document includes delegations' written comments (for detailed positions, please refer to the
documents themselves
1) and non-papers received from the Commission (docs 14304/18 +
14485/18). For ease of reference, 2018 TACs are referred to as well (in
bold and italics).
1
Docs 14437/18 + ADD 1 to ADD 6.
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GENERAL COMMENTS:
All delegations maintain
scrutiny reservations, in particular with regard to elements of the
proposal that will be updated during the course of deliberations. In general, they support the
Commission's approach to base TACs on scientific advice and management plans, bearing in mind
the objective of achieving MSY by 2020. DK, IE, NL and UK also entered
parliamentary scrutiny
reservations.
Delegations agree that the full implementation of the landing obligation in 2019 and progress to the
MSY objective in 2020 create a new scenario for this year's exercise.
A number of delegations emphasise that:
-
implementation of the landing obligation should not be at the expense of relative stability;
-
the generalisation of the landing obligation risks creating choke effects in mixed fisheries,
whereby member states that don’t have quotas for certain stocks will inevitably have
bycatches of those stocks, thus preventing them from fishing other stocks in the area
concerned.
The proposal to establish
bycatch quotas for a number of stocks is particularly commented on.
Several delegations, notably BE, IE and FR, have difficulties with the COM proposal for separate
bycatch quotas. They consider that this goes against relative stability, will penalise selectivity, will
not resolve choke issues, and will lead to a 'race to fish'. BE highlights large number of choke
species. ES and FR recall COM statement indicating that the landing obligation would not reduce
the member states' potential fishing effort.
UK considers that innovative solutions should be explored to resolve this. DE considers that
solutions should be sought amongst the tools available in the basic regulation, and only if there are
not enough quotas to cover all unavoidable by-catches should alternatives be considered.
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According to COM, the intention behind its proposal is to have a system to land bycatches, whilst
reducing mortality by having a TAC. This is also the reason why certain TACs haven't been deleted
(see below).
FR proposes an 'open pool' swap mechanism, whereby – without jeopardising relative stability –
member states with quotas to fish the stocks concerned commit to exchanging with those that don't
have a quota the volume necessary to cover unavoidable bycatches. Other delegations, notably BE,
DE and ES, are willing to work on the basis of the FR proposal.
DE considers that relative stability should continue to be the basis for quota allocations. Before
considering by-catch quotas for stocks subject to zero TACs, a prohibition of fishing should be
considered with the legal consequences of article 15(4)(a) of regulation 1380/2013. By-catch quotas
should only be used until the stock has recovered, and the stock size to be achieved should be
specified. When the stock has recovered, only the normal allocation under relative stability should
apply. According to DE, it should be specified that catches under the by-catch quota cannot be used
to build up a track record of any kind.
DE notes that where by-catch quotas are based on by-catch levels (e.g. Cod 6a 5b), the resulting
levels are very high. This provides an incentive to reduce by-catches and does not help to rebuild
the stock. According to DE, it would be better to calculate, where possible, the by-catch quota using
the MSY principle.
Whilst the COM proposal includes options for several choke species for 2019, ES and FR favour
the use of available instruments to correct limiting quotas. FR cites
interannual flexibility,
interzonal flexibility and
interspecies flexibility as a first recourse for member states that are able
to use them.
ES indicates that there is no solution for unavoidable by-catches for stocks for which it has no
quota, namely certain small pelagic stocks (Boarfish BOR/678 and Greater silver smelt ARU/567)
and certain demersal stocks (Cod COD/5W6-14, Plaice PLE/56-14, PLE/7BC and PLE/7HJK,
Saithe POK/7/3411 and Common sole SOL/56-14, SOL/7BC and SOL/7FG).
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As concerns
progress to the MSY objective in 2020, ES calls for Fmsy ranges to be used as much
as possible to give more fishing possibilities to EU fleets within scientific advice (also necessary for
full implementation of the landing obligation). For ES, this is important for stocks such as Southern
hake. If not possible legally, ES will request that the 2019 TAC and quotas be amended as soon as
the corresponding legal text is agreed by co-legislators next year.
UK, whilst supporting proposals that increase the number of stocks at MSY, highlights the need for
certain exceptions, such as the need to account for by-catch discards in mixed fisheries in delivering
effective implementation of the landing obligation.
FR notes that, for certain MSY stocks, scientific advice can lead to contradictory variations in
TACs from one year to the next, both upwards and downwards (e.g. East Channel sole). FR
therefore suggests a cautious approach for MSY stocks.
For stocks currently not managed in the MSY, FR suggests achievement of the MSY by 2019,
unless the socio-economic consequences justify gradual achievement by 2020. For stocks without
an estimate of the mortality level corresponding to the MSY (ICES categories 3 to 6), FR
recommends setting TACs on a case-by-case basis.
In respect of
data-limited stocks, IE and UK prefer management on a case-by-case analysis, using
all available evidence for the setting of TACs. UK opposes ‘use-it-or-lose-it’ approaches and
considers that TAC decisions should be informed by all available evidence, including directional
trends in fishing mortality, biomass and fishing effort.
UK is concerned that there might be an insufficient TAC for skates and rays, for which advice
includes precautionary cuts for blonde rays in circumstances where data is deficient. UK opposes
such cuts in favour of a roll-over approach.
SE supports the proposed approach of TAC deductions of de minimis exemptions and exemptions
for high survivability, in accordance with CFP objectives and principles.
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IE and UK reserve the right to invoke or counter invoke
Hague Preferences. FR, however,
considers that application of the Hague Preferences is incompatible with an equitable
implementation of the landing obligation.
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2018/0380 (NLE)
Proposal for a
COUNCIL REGULATION
fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks,
applicable in Union waters and, for Union fishing vessels, in certain non-Union waters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article
43(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is
to adopt measures on the fixing and allocation of fishing opportunities.
(2)
Regulation (EU) No 1380/2013 of the European Parliament and of the Council2 requires that
conservation measures be adopted taking into account available scientific, technical and
economic advice, including, where relevant, reports drawn up by the Scientific, Technical
and Economic Committee for Fisheries (STECF) and other advisory bodies, as well as any
advice received from Advisory Councils.
2
Regulation (EU) No 1380/2013 of the European Parliament and of the Council
of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC)
No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC)
No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354,
28.12.2013, p. 22).
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(3)
It is incumbent upon the Council to adopt measures on the fixing and allocation of fishing
opportunities, including certain conditions functionally linked thereto, as appropriate. In
accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities
should be fixed in accordance with the objectives of the Common Fisheries Policy (CFP)
established in Article 2(2) of that Regulation. In accordance with Article 16(1) of that
Regulation, fishing opportunities should be allocated to Member States in such a way as to
ensure relative stability of fishing activities of each Member State for each fish stock or
fishery.
(4)
The total allowable catch (TAC) should therefore be established, in line with Regulation
(EU) No 1380/2013, on the basis of available scientific advice, taking into account
biological and socio-economic aspects whilst ensuring fair treatment between fishing
sectors, as well as in the light of the opinions expressed during the consultation of
stakeholders, in particular at the meetings of the Advisory Councils.
(5)
In accordance with Article 15 of Regulation (EU) No 1380/2013, the full landing obligation
is to apply at the latest from 1 January 2019. When a fishery falls under the landing
obligation, all species in that fishery subject to catch limits should be landed. Article 16(2)
of Regulation (EU) No 1380/2013 provides that, when the landing obligation in respect of a
fish stock is introduced, fishing opportunities are to be fixed taking into account the change
from fixing fishing opportunities that reflect landings to fixing fishing opportunities that
reflect catches. On the basis of the joint recommendations submitted by the Member States
and in accordance with Article 15 of Regulation (EU) No 1380/2013, the Commission
adopted a number of delegated Regulations laying down details for the implementation of
the landing obligation in the form of specific discard plans applicable on a temporary basis
for a maximum period of three years.
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(6)
The fishing opportunities for stocks of species falling under the landing obligation
from 1 January 2019 should take into account the fact that discarding will in principle no
longer be allowed. Therefore, the fishing opportunities should be based on the advice figure
for total catches (instead of the advice figure for total landings), as provided by the
International Council for the Exploration of the Sea (ICES). The amounts that, by way of
exception, may continue to be discarded during the operation of the landing obligation
should be deducted from that advice figure for total catches.
(7)
There are certain stocks for which ICES has issued scientific advice for no catches. If the
TACs for those stocks are set at the level indicated in the scientific advice, the obligation to
land all catches in mixed fisheries with by-catches from these stocks would lead to the
phenomenon of “choke species”. In order to strike the right balance between continuing
fisheries in view of the potentially severe socio-economic implications, and the need to
achieve a good biological status for those stocks, taking into account the difficulty of fishing
all stocks in a mixed fishery at maximum sustainable yield at the same time, it is appropriate
to establish specific TACs for by-catches for those stocks. The level of these TACs should
be such that mortality for these stocks is not increased and that provides incentives for
improvements in selectivity and avoidance. Member States should agree on a shared
management of those TACs, taking into account their unavoidable by-catches from the
stocks concerned and other relevant criteria.
(8)
In order to progressively reduce unwanted catches of the stocks concerned, Member States
should as from 2019 implement multi-annual by-catch reduction plans in the relevant
fisheries with a view to progressively reduce unwanted catches of the stocks concerned by
taking national measures and, where appropriate, by cooperating at regional level in order to
submit joint recommendations to the Commission in 2019. These by-catch reduction plans
are to be evaluated by STECF and reviewed two years after their entry into application. In
addition, all vessels benefitting from these specific TACs should implement full catch
documentation as from 2019.
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(9)
According to scientific advice, European seabass (
Dicentrarchus labrax) in the Celtic Sea,
Channel, Irish Sea and southern North Sea (ICES divisions 4b, 4c and 7a, 7d–7h) remains in
a perilous state. Spawning–stock biomass has been declining since 2005 and is now below
Blim. Fishing mortality has increased over the time-series, peaking in 2013 before a rapid
decline to below FMSY. Recruitment was estimated to be poor since 2008, with the
exception of the 2013 and 2014 year-class estimates which show average recruitment. ICES
advise that when the MSY approach is applied, total removals in 2019 should be no more
than 1789 tonnes. Therefore, it is appropriate to continue the set of measures for
unavoidable by-catches of European seabass. In line with the scientific advice from ICES,
higher catches could be allowed for hooks and lines fishery for this species. Measures for
managing recreational fisheries for European seabass should be adapted, while taking
account of significant impact of such fisheries on the stocks concerned.
(10) [The measures for European eel (
Anguilla anguilla) will be included in the Commission
Proposal at a later stage, following the release of the scientific advice on 7 November 2019]
(11) For some years, certain TACs for stocks of elasmobranchs (skates, sharks, rays) have been
set at zero, with a linked provision establishing an obligation to immediately release
accidental catches. The reason for that specific treatment was the poor conservation status of
those stocks and the assumption that discarding, because high survival rates, would not raise
fishing mortality rates and would be beneficial for the conservation of those species. As
of 1 January 2019, however, catches of those species have to be landed, unless they are
covered by any of the derogations from the landing obligation provided for in Article 15 of
Regulation (EU) No 1380/2013. Article 15(4)(a) of that Regulation allows such derogations
for species in respect of which fishing is prohibited and which are identified as such in a
Union legal act adopted in the area of the CFP. Therefore, it is appropriate to prohibit the
fishing of those species in the areas concerned.
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(12) Pursuant to Article 16(4) of Regulation (EU) No 1380/2013, for stocks subject to specific
multiannual plans the TACs should be established in accordance with the rules laid down in
those plans.
(13) The North Sea multiannual plan was established by Regulation (EU) 2018/973 of the
European Parliament and of the Council3 and entered into force in 2018. Fishing
opportunities for stocks listed in Article 1 of that Plan should be established in accordance
with targets (ranges of Fmsy) and safeguards provided for in that Plan. Fishing opportunities
for by-catch stocks in the North Sea should be established in accordance with the
precautionary approach, as set out in Article 5(2) of Regulation (EU) 2018/973.
3
Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018
establishing a multiannual plan for demersal stocks in the North Sea and the fisheries
exploiting those stocks, specifying details of the implementation of the landing obligation in
the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No
1342/2008 (OJ L 179, 16.07.2018, p.1).
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(14) The TACs for stocks of sole in the Western Channel and of bluefin tuna in the Eastern
Atlantic and the Mediterranean should be established in accordance with the rules laid down
Council Regulation (EC) No 509/20074 and Regulation (EU) 2016/16275 of the European
Parliament and of the Council. The objective for the Southern hake stock as set out in
Council Regulation (EC) No 2166/20056 is to rebuild the biomass of the stocks concerned to
the level within safe biological limits, while staying in line with the scientific data. In
accordance with scientific advice, in the absence of definitive data on a target spawning
stock biomass and while taking into account changes in safe biological limits, it is
appropriate, in order to contribute to the achievement of the objectives of the CFP, to fix the
TAC on the basis of the maximum sustainable yield advice provided by ICES.
(15) As a result of a benchmark exercise on the stock of herring to the west of Scotland, ICES
has provided advice for the combined herring stocks in Divisions 6a, 7b and 7c (West of
Scotland, West of Ireland). The advice covers two separate TACs (for 6aS, 7b and 7c on the
one hand, and for 5b, 6b and 6aN on the other). According to ICES, a rebuilding plan has to
be developed for those stocks. Since, according to scientific advice, the management plan
for the northern stock7 cannot be applied to the combined stocks and it is not possible to set
separate fishing opportunities for those two stocks, a TAC should be established to permit
limited catches in a commercially operated scientific sampling programme.
4
Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for
the sustainable exploitation of the stock of sole in the Western Channel (OJ L 122,
11.5.2007, p. 7).
5
Regulation (EU) 2016/1627 of the European Parliament and of the Council of
14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic
and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252,
16.9.2016, p. 1).
6
Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the
recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western
Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery
resources through technical measures for the protection of juveniles of marine organisms
(OJ L 345, 28.12.2005, p. 5).
7
Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual
plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting
that stock (OJ L 344, 20.12.2008, p. 6).
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(16) For stocks for which there is no sufficient or reliable data in order to provide size estimates,
management measures and TAC levels should follow the precautionary approach to fisheries
management as defined in Article 4(1)(8) of Regulation (EU) No 1380/2013, while taking
into account stock-specific factors, including, in particular, available information on stock
trends and mixed fisheries considerations.
(17) Council Regulation (EC) No 847/968 introduced additional conditions for year-to-year
management of TACs including, under Articles 3 and 4 of that Regulation, flexibility
provisions for precautionary and analytical TACs. Under Article 2 of that Regulation, when
fixing the TACs, the Council is to decide to which stocks Article 3 or 4 of that Regulation is
not to apply, in particular on the basis of the biological status of the stocks. More recently,
the year-to-year flexibility mechanism was introduced by Article 15(9) of Regulation (EU)
No 1380/2013 for all stocks that are subject to the landing obligation. Therefore, in order to
avoid excessive flexibility that would undermine the principle of rational and responsible
exploitation of marine biological resources, hinder the achievement of the objectives of the
CFP and deteriorate the biological status of the stocks, it should be established that
Articles 3 and 4 of Regulation (EC) No 847/96 apply to analytical TACs only where the
year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013 is not
used.
(18) Where a TAC relating to a stock is allocated to one Member State only, it is appropriate to
empower that Member State in accordance with Article 2(1) of the Treaty to determine the
level of such TAC. Provisions should be made to ensure that, when fixing that TAC level,
the Member State concerned acts in a manner fully consistent with the principles and rules
of the CFP.
(19) It is necessary to establish the fishing effort ceilings for 2019 in accordance with Article 5 of
Regulation (EC) No 509/2007, and Articles 5, 6, 7 and 9 of, and Annex I to, Regulation
(EU) 2016/1627.
8
Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for
year-to-year management of TACs and quotas (OJ L 115, 9.5.1996, p. 3).
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(20) In order to guarantee full use of fishing opportunities, it is appropriate to allow for the
implementation of a flexible arrangement between certain TAC areas where the same
biological stock is concerned
9.
(21) For certain species, such as certain species of sharks, even a limited fishing activity could
result in a serious conservation risk. Fishing opportunities for such species should therefore
be fully restricted through a general prohibition on fishing those species.
(22) At the 12th Conference of the Parties of the Convention on the Conservation of Migratory
Species of Wild Animals, held in Manila from 23 to 28 October 2017, a number of species
were added to the lists of protected species in Appendices I and II of the Convention.
Therefore, it is appropriate to provide for the protection of those species with respect to
Union fishing vessels fishing in all waters and non-Union fishing vessels fishing in Union
waters.
(23) The use of fishing opportunities available to Union fishing vessels set out in this Regulation
is subject to Council Regulation (EC) No 1224/200910, and in particular to Articles 33
and 34 of that Regulation, concerning the recording of catches and fishing effort and the
notification of data on the exhaustion of fishing opportunities. It is therefore necessary to
specify the codes to be used by Member States when sending data to the Commission
relating to landings of stocks subject to this Regulation.
9
UK: highlights importance of flexibility between TAC areas for the sustainable
management of stocks that straddle them, offering a means to reduce the risk of choke
situations.
10
Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control
system for ensuring compliance with the rules of the common fisheries policy, amending
Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005,
(EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC)
No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing
Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343,
22.12.2009, p. 1).
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(24) It is appropriate, following advice from the ICES, to maintain a specific system to manage
sandeel and associated by-catches in Union waters of ICES divisions 2a and 3a and ICES
subarea 4. Given that the ICES scientific advice is expected to become available only
in February 2019, it is appropriate to set the TAC and quotas for that stock provisionally at
zero until such advice is released.
(25) In accordance with the procedure provided for in the agreements or protocols on fisheries
relations with Norway11 and the Faroe Islands12, the Union has held consultations on fishing
rights with those partners. In accordance with the procedure provided for in the agreement
and protocol on fisheries relations with Greenland13, the Joint Committee has established the
level of fishing opportunities available for the Union in Greenland waters in 2019. It is
therefore necessary to include those fishing opportunities in this Regulation.
(26) At its annual meeting in 2018, the North-East Atlantic Fisheries Commission (NEAFC)
adopted conservation measures for the two redfish stocks in the Irminger Sea. Those
measures should be implemented in Union law.
–
[The recital, the relevant articles and annexes will be updated after the annual
meeting]
11
Agreement on fisheries between the European Economic Community and the Kingdom of
Norway (OJ L 226, 29.8.1980, p. 48).
12
Agreement on fisheries between the European Economic Community, of the one part, and
the Government of Denmark and the Home Government of the Faeroe Islands, of the other
part (OJ L 226, 29.8.1980, p. 12).
13
Fisheries Partnership Agreement between the European Community on the one hand, and
the Government of Denmark and the Home Rule Government of Greenland, on the other
hand (OJ L 172, 30.6.2007, p. 4) and Protocol setting out the fishing opportunities and
financial contribution provided for in that Agreement (OJ L 293, 23.10.2012, p. 5).
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(27) At its annual meeting in 2017, the International Commission for the Conservation of
Atlantic Tunas (ICCAT) maintained at the same level the TACs for South Atlantic albacore
and for yellowfin tuna. The ICCAT Commission also adopted TAC increases for Eastern
and Mediterranean bluefin tuna and Northern albacore. The 2018 TAC for Northern
albacore for Spain already reflects a deduction of 945,56 tonnes for overfishing which
occurred in 2016. That overfishing was compensated at the ICCAT level by fishing
opportunities from other Member States (France, Ireland, Portugal and the United
Kingdom). An additional payback by Spain will therefore be needed to fully compensate
those Member States.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
(28) In 2018, the TAC for Mediterranean swordfish is decreased in line with the ICCAT
Recommendation 16-05. As it is already the case for the stock of Eastern and Mediterranean
bluefin tuna, it is appropriate that catches in recreational fisheries of all other ICCAT stocks
should be subject to the catch limits as adopted by the ICCAT. Furthermore, Union fishing
vessels of at least 20 metres length fishing for bigeye tuna in the ICCAT Convention Area
should be subject to the capacity limitations adopted by ICCAT in the ICCAT
Recommendation 15-01. All those measures should be implemented in the law of the Union.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
(29) At its 36th annual meeting in 2017, the Parties to the Commission for the Conservation of
Antarctic Marine Living Resources (CCAMLR) adopted catch limits for both target and
by-catch species for the period from 1 December 2017 to 30 November 2018. The uptake of
the quotas during 2017 should be considered when setting fishing opportunities for 2018.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
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(30) At its annual meeting in 2017, the Indian Ocean Tuna Commission (IOTC) adopted new
catch limits for yellowfin tuna (
Thunnus albacares) that do not affect the Union catch limits
in IOTC. It also reduced possibilities for using fish-aggregating devices (FADs) and supply
vessels. Those provisions were not revised at its annual meeting in 2018 and should thus
continue being implemented in the law of the Union.
(31) The annual meeting of the South Pacific Regional Fisheries Management Organisation
(SPRFMO) will be held on 23-27 January 2019. It is appropriate that the current measures in
the SPRFMO Convention Area are provisionally maintained until such annual meeting is
held.
(32) At its annual meeting in 2017, the Inter-American Tropical Tuna Commission (IATTC)
adopted a conservation measure for yellowfin tuna, bigeye tuna and skipjack tuna
for 2018-2020. It was not revised at its annual meeting in 2018 and should thus continue
being implemented in the law of the Union.
(33) At its annual meeting in 2017, the Commission for the Conservation of Southern Bluefin
Tuna (CCSBT) confirmed the TAC for the Southern bluefin tuna for the period 2018-2020
adopted at the annual meeting in 2016. The currently applicable measures on allocation of
fishing opportunities adopted by CCSBT should be implemented in the law of the Union.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
(34) At its annual meeting in 2017, the South East Atlantic Fisheries Organisation (SEAFO) did
not amend the conservation measure for biennial TACs for Patagonian toothfish, deep sea
red crab, alfonsinos and pelagic armourhead adopted in 2016. The conservation measure for
the biennial TAC for orange roughy in Division B1 was not revised and remains in force
in 2018. The currently applicable measures on allocation of fishing opportunities adopted by
SEAFO should be implemented in the law of the Union.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
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(35) At its 14th annual meeting, the Western and Central Pacific Fisheries Commission
(WCPFC) adopted conservation and management measures for tropical tunas. Those
measures should be implemented in the law of the Union.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
(36) At its 40th annual meeting in 2018, the Northwest Atlantic Fisheries Organisation (NAFO)
adopted a number of fishing opportunities for 2019 for certain stocks in Subareas 1-4 of the
NAFO Convention Area. Those measures should be implemented in the law of the Union.
(37) At its 40th annual meeting in 2016, the General Fisheries Commission for the Mediterranean
(GFCM) adopted catch and effort limits for certain small pelagic stocks for the years 2017
and 2018 in the geographical subareas 17 and 18 (Adriatic Sea) of the GFCM Agreement
Area. Those measures should be implemented in the law of the Union. The maximum catch
limits established in Annex IL are fixed exclusively for one year and without prejudice to
any other measures adopted in the future and any possible allocation scheme between
Member States.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
(38) Taking into account the particularities of the Slovenian fleet and their marginal impact on
the stocks of small pelagic species, it is appropriate to preserve the existing fishing patterns
and to ensure access of the Slovenian fleet to a minimum quantity of small pelagic species.
(39) The 5th Meeting of the Parties of the Southern Indian Ocean Fisheries Agreement (SIOFA)
in 2018 adopted conservation and management measures for the stocks under the scope of
the Agreement. Those measures should be implemented in the law of the Union.
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(40) Certain international measures which create or restrict fishing opportunities for the Union
are adopted by the relevant Regional Fisheries Management Organisations (RFMOs) at the
end of the year and become applicable before the entry into force of this Regulation. It is
therefore necessary for the provisions that implement such measures in the law of the Union
to apply retroactively. In particular, since the fishing season in CCAMLR Convention Area
runs from 1 December to 30 November, and thus certain fishing opportunities or
prohibitions in the CCAMLR Convention Area are laid down for a period of time starting
from 1 December 2017, it is appropriate that the relevant provisions of this Regulation apply
from that date. Such retroactive application does not prejudice the principle of legitimate
expectations as CCAMLR members are forbidden to fish in the CCAMLR Convention Area
without authorisation.
– [The recital, the relevant articles and annexes will be updated after the annual meeting]
(41) As regards the fishing opportunities for snow crab around the area of Svalbard, the Treaty of
Paris of 1920 grants equal and non-discriminatory access to resources for all parties to that
Treaty, including with respect to fishing. The view of the Union concerning that access, as
regards fishing for snow crab on the continental shelf around Svalbard, has been set out in
two
notes verbales to Norway dated 25 October 2016 and 24 February 2017. In order to
ensure that the exploitation of snow crab within the area of Svalbard is made consistent with
such non-discriminatory management rules as may be set out by Norway, which enjoys
sovereignty and jurisdiction in the area within the limits of the said Treaty, it is appropriate
to fix the number of vessels that are authorised to conduct such fishery. The allocation of
such fishing opportunities among Member States is limited to 2019. It is recalled that in the
Union
primary responsibility for ensuring compliance with applicable law lies with the flag
Member States.
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(42) In accordance with the declaration by the Union addressed to the Bolivarian Republic
of Venezuela on the granting of fishing opportunities in Union waters to fishing vessels
flying the flag of Bolivarian Republic of Venezuela in the exclusive economic zone off the
coast of French Guiana14, it is necessary to fix the fishing opportunities for snapper available
to Venezuela in Union waters.
(43) Given that certain provisions are to be applied on a continuous basis, and in order to avoid
legal uncertainty during the period between the end of 2019 and the date of entry into force
of the Regulation fixing the fishing opportunities for 2020, the provisions concerning
prohibitions and closed seasons set out in this Regulation should continue to apply at the
beginning of 2020, until the entry into force of the Regulation fixing the fishing
opportunities for 2020.
(44) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards authorising
individual Member States to manage fishing effort allocations in accordance with a
kilowatt-day system. Those powers should be exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the Council15.
(45) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards granting of
additional days at sea for permanent cessation of fishing activities and for enhanced
scientific observer coverage as well as establishing formats of spreadsheets for the collection
and transmission of information concerning transfer of days at sea between fishing vessels
flying the flag of a Member State. Those powers should be exercised in accordance with
Regulation (EU) No 182/2011.
14
OJ L 6, 10.1.2012, p. 9.
15
Regulation (EU) No 182/2011 of the European Parliament and of the Council
of 16 February 2011 laying down the rules and general principles concerning mechanisms
for control by Member States of the Commission's exercise of implementing powers
(OJ L 55, 28.2.2011, p. 13).
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(46) In order to avoid the interruption of fishing activities and to ensure the livelihood of the
fishermen of the Union, this Regulation should apply from 1 January 2019, except for the
provisions concerning fishing effort limits, which should apply from 1 February 2019, and
certain provisions concerning particular regions, which should have a specific date of
application. For reasons of urgency, this Regulation should enter into force immediately
after its publication.
(47) Fishing opportunities should be used in full compliance with Union law,
HAS ADOPTED THIS REGULATION:
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TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
1.
This Regulation fixes the fishing opportunities available in Union waters and to Union
fishing vessels in certain non-Union waters, for certain fish stocks and groups of fish
stocks.
2.
The fishing opportunities referred to in paragraph 1 include:
• (a) catch limits for the year 2019 and, where specified in this Regulation, for the
year 2020;
• (b) fishing effort limits for the period from 1 February 2019 to 31 January 2020,
except where other periods are established for effort limits in Articles 26, 27 and 40,
as well as regarding provisions on fish-aggregating devices (FADs);
• (c) fishing opportunities for the period from 1 December 2018 to 30 November 2019
for certain stocks in the CCAMLR Convention Area;
• (d) fishing opportunities for certain stocks in the IATTC Convention Area set out in
Article 28 for the periods in 2019 and 2020 specified in that Article.
Article 2
Scope
1.
This Regulation shall apply to the following vessels:
• (a) Union fishing vessels;
• (b) third-country vessels in Union waters.
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2.
This Regulation shall also apply to recreational fisheries where they are expressly referred
to in the relevant provisions.
Article 3
Definitions16
For the purposes of this Regulation, the definitions referred to 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 such as recreation, tourism or sport;
–
(c) ‘international waters’ means waters falling outside the sovereignty or jurisdiction of
any State;
–
(d) ‘total allowable catch’ (TAC) means:
• (i) in fisheries subject to the exemption of the landing obligation referred to in Article
15 (4) – (7) of Regulation (EU) No 1380/2013, the quantity of fish that can be landed
from each stock each year
17;
• (ii)
in all other fisheries, the quantity of fish that can be caught from each stock
each year;
–
(e) ‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a
third country;
16
ES: difference between ES and EN versions of article 3 to be clarified.
17
NL: "fisheries subject to the exemption of the landing obligation" is unclear: under
article 15(4)-(7), fisheries are not subject to the exemption, only "species" or "catches".
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–
(f) ‘analytical assessments’ means quantitative evaluations 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;
–
(g) ‘mesh size’ means the mesh size of fishing nets as determined in accordance with
Commission Regulation (EC) No 517/200818;
–
(h) ‘Union fishing fleet register’ means the register set up by the Commission in accordance
with Article 24(3) of Regulation (EU) No 1380/2013;
–
(i) ‘fishing logbook’ means the logbook referred to in Article 14 of Regulation (EC)
No 1224/2009.
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 218/200919;
–
(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;
18
Commission Regulation (EC) No 517/2008 of 10 June 2008 laying down detailed rules for
the implementation of Council Regulation (EC) No 850/98 as regards the determination of
the mesh size and assessing the thickness of twine of fishing nets (OJ L 151, 11.6.2008,
p. 5).
19
Regulation (EC) No 218/2009 of the European Parliament and of the Council
of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in
the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).
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–
(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,
1. 53° 30' N 11° 00' W,
2. 51° 30' N 11° 00' W,
3. 51° 30' N 13° 00' W,
4. 51° 00' N 13° 00' W,
5. 51° 00' N 15° 00' W,
6. 53° 30' N 15° 00' W;
–
(e) ‘Functional Unit 26 of ICES division 9a’ means the geographical area bounded by
rhumb lines sequentially joining the following positions:
7. 43° 00' N 8° 00' W,
8. 43° 00' N 10° 00' W,
9. 42° 00' N 10° 00' W,
10. 42° 00' N 8° 00' W;
–
(f) ‘Functional Unit 27 of ICES division 9a’ means the geographical area bounded by
rhumb lines sequentially joining the following positions:
11. 42° 00' N 8° 00' W,
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12. 42° 00' N 10° 00' W,
13. 38° 30' N 10° 00' W,
14. 38° 30' N 9° 00' W,
15. 40° 00' N 9° 00' W,
16. 40° 00' N 8° 00' W;
–
(g) ‘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 9a;
–
(h) ‘Gulf of Cádiz’ means the geographical area of ICES division 9a east of
longitude 7º 23' 48″ W;
–
(i) ‘CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources)
Convention Area’ is the geographical area defined in point (a) of Article 2 of Council
Regulation (EC) No 601/200420;
–
(j) 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 Council21;
20
Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control
measures applicable to fishing activities in the area covered by the Convention on the
conservation of Antarctic marine living resources and repealing Regulations (EEC)
No 3943/90, (EC) No 66/98 and (EC) No 1721/1999 (OJ L 97, 1.4.2004, p. 16).
21
Regulation (EC) No 216/2009 of the European Parliament and of the Council
of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in
certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
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–
(k) ‘GFCM (General Fisheries Commission for the Mediterranean) geographical subareas’
are the areas defined in Annex I to Regulation (EU) No 1343/2011 of the
European Parliament and of the Council22.
–
(l) ‘IATTC (Inter‒American Tropical Tuna Commission) Convention Area’ is 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 Rica23;
–
(m)
‘ICCAT (International Commission for the Conservation of Atlantic Tunas)
Convention Area’ is the geographical area defined in the International Convention for the
Conservation of Atlantic Tunas24;
–
(n) ‘IOTC (Indian Ocean Tuna Commission) Area of Competence’ is the geographical area
defined in the Agreement for the establishment of the Indian Ocean Tuna Commission25;
22
Regulation (EU) No 1343/2011 of the European Parliament and of the Council of
13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries
Commission for the Mediterranean) Agreement area and amending Council Regulation (EC)
No 1967/2006 concerning management measures for the sustainable exploitation of fishery
resources in the Mediterranean Sea (OJ L 347, 30.12.2011, p. 44).
23
Concluded by Council Decision 2006/539/EC
of 22 May 2006 on the conclusion, on behalf
of the European Community of 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 (OJ L 224, 16.8.2006, p. 22).
24
The Union acceded by Council Decision 86/238/EEC
of 9 June 1986 on the accession of the
Community to the International Convention for the Conservation of Atlantic Tunas, as
amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of
the States Parties to the Convention signed in Paris on 10 July 1984 (OJ L 162, 18.6.1986,
p. 33).
25
The Union acceded by Council Decision 95/399/EC
of 18 September 1995 on the accession
of the Community to the Agreement for the establishment of the Indian Ocean Tuna
Commission (OJ L 236, 5.10.1995, p. 24).
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–
(o) 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 Council26;
–
(p) ‘SEAFO (South East Atlantic Fisheries Organisation) Convention Area’ is the
geographical area defined in the Convention on the Conservation and Management of
Fishery Resources in the South-East Atlantic Ocean27;
–
(q) ‘SIOFA Agreement Area’ is the geographic area defined in the Southern Indian Ocean
Fisheries Agreement28;
–
(r) ‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention
Area’ is the geographical area defined in the Convention on the Conservation and
Management of High Seas Fishery Resources in the South Pacific Ocean29;
–
(s) ‘WCPFC (Western and Central Pacific Fisheries Commission) Convention Area’ is the
geographical area defined in the Convention on the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean30;
–
(t) ‘high seas of the Bering Sea’ is 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 sea
of the coastal States of the Bering Sea is measured;
26
Regulation (EC) No 217/2009 of the European Parliament and of the Council
of 11 March 2009 on the submission of catch and activity statistics by Member States
fishing in the north-west Atlantic (OJ L 87, 31.3.2009, p. 42).
27
Concluded by Council Decision 2002/738/EC
of 22 July 2002 on the conclusion by the
European Community of the Convention on the Conservation and Management of Fishery
Resources in the South-East Atlantic Ocean (OJ L 234, 31.8.2002, p. 39).
28
The Union acceded by Council Decision 2008/780/EC of 29 September 2008 on the
conclusion, on behalf of the European Community, of the Southern Indian Ocean Fisheries
Agreement (OJ L 268, 9.10.2008, p. 27).
29
The Union acceded by Council Decision 2012/130/EU
of 3 October 2011 on the approval,
on behalf of the European Union, of the Convention on the Conservation and Management
of High Seas Fishery Resources in the South Pacific Ocean (OJ L 67, 6.3.2012, p. 1).
30
The Union acceded by Council Decision 2005/75/EC
of 26 April 2004 on the accession of
the Community to the Convention on the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean (OJ L 32, 4.2.2005, p. 1).
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–
(u) ‘overlap area between IATTC and WCPFC’ is the geographical area defined by the
following limits:
17. longitude 150º W,
18. longitude 130º W,
19. latitude 4º S,
20. latitude 50º S.
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TITLE II
FISHING OPPORTUNITIES
FOR UNION FISHING VESSELS
Chapter I
General provisions
Article 5
TACs and allocations
1.
The TACs for Union fishing vessels in Union waters or certain non-Union waters and the
allocation of such TACs among Member States, and the conditions functionally linked
thereto, where appropriate, are set out in Annex I.
2.
Union fishing vessels shall be authorised to make catches, within the TACs set out in
Annex I to this Regulation, in waters falling within the fisheries jurisdiction of the Faroe
Islands, Greenland and Norway, and the fishing zone around Jan Mayen, subject to the
condition set out in Article 15 of, and Annex III to, this Regulation and in Regulation (EU)
2017/240331 and its implementing provisions.
Article 6
TACs to be determined by Member States
1.
The TACs for certain fish stocks shall be determined by the Member State concerned.
Those stocks are identified in Annex I.
31
Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December
2017 on the sustainable management of external fishing fleets, and repealing Council
Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).
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2.
The TACs to be determined by a Member State shall:
• (a) be consistent with the principles and rules of the CFP, in particular the principle
of sustainable exploitation of the stock; and
• (b) result:
• (i) if analytical assessments are available, in the exploitation of the stock
consistent with maximum sustainable yield from 2019 onwards, with as high a
probability as possible; or
• (ii)
if analytical assessments are unavailable or incomplete, in the
exploitation of the stock consistent with the precautionary approach to fisheries
management.
–
3. By 15 March 2019, each Member State concerned shall submit the following
information to the Commission:
• (a) the TACs adopted;
• (b) the data collected and assessed by the Member State concerned on which the
TACs adopted are based;
• (c) details on how the TACs adopted comply with paragraph 2.
Article 7
Conditions for landing catches and by-catches
1.
Catches that are not subject to the landing obligation established in Article 15 of
Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:
• (a) have been taken by vessels flying the flag of a Member State having a quota and
that quota has not been exhausted; or
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• (b) consist of a share in a Union quota which has not been allocated by quota among
Member States, and that Union quota has not been exhausted.
2.
The stocks of non-target species within safe biological limits referred to in Article 15(8) of
Regulation (EU) No 1380/2013 are identified in Annex I to this Regulation for the
purposes of the derogation from the obligation to count catches against the relevant quotas
provided for in that Article.
Article 8
Fishing effort limits
For the periods referred to in Article 1(2)(b), the following fishing effort measures shall apply:
–
(a) Annex IIA for the recovery of hake and Norway lobster in ICES divisions 8c and 9a,
with the exception of the Gulf of Cádiz;
–
(b) Annex IIB for the management of the sole stock in ICES division 7e.
Article 9
Measures on European seabass fisheries
1.
It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries
from shore,
32 to fish for European seabass in ICES divisions 4b and 4c, and in ICES
subarea 7. It shall be prohibited to retain on board, tranship, relocate or land European
seabass caught in that area.
32
UK: add "with the exception of incidental by-catches from shore-based fixed gillnet
activity not targeting European seabass and regulated at Member State level".
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2.
By derogation from paragraph 1, in January 2019 and from 1 April to 31 December 2019,
Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h and in waters within 12
nautical miles from baselines under the sovereignty of the United Kingdom in ICES
divisions 7a and 7g may fish for European seabass, and retain on board, tranship, relocate
or land European seabass caught in that area with the following gears and within the
following limits
33:
• (a) using demersal trawls34, for unavoidable by-catches not exceeding 100
kilogrammes per month and 1% of the weight of the total catches of marine
organisms on board caught by that vessel in any single day
35;
• (b) using seines36, for unavoidable by-catches not exceeding 180 kilogrammes per
month and 1% of the weight of the total catches of marine organisms on board
caught by that vessel in any single day;
• (c) using hooks and lines37, not exceeding 7 tonnes per vessel per year;
• (d) using fixed gillnets38, for unavoidable by-catches not exceeding 1.2 tonnes per
vessel per year and 1% of the weight of the total catches of marine organisms on
board caught by that vessel in any single day
39.
33
NL: given that ICES advice is for a small increase, these catches are too low. An increase
should be shared by the categories involved (not just for hooks and lines, and including
recreational fishery).
34
All types of demersal trawls (OTB, OTT, PTB, TBB, TBN, TBS and TB).
35
UK: for demersal trawls/seines there could be more flexible arrangements in terms of the
proposed percentage per day limits and cap.
FR: for trawls/gillnets, requests an increase and annualisation of bycatch ceilings,
returning to levels similar to 2017, consistent with ICES advice for 2019.
36
All types of seines (SSC, SDN, SPR, SV, SB and SX).
37
All long lines or pole and line or rod and line fisheries (LHP, LHM, LLD, LL, LTL, LX and
LLS).
38
All fixed gillnets and traps (GTR, GNS, FYK, FPN and FIX).
39
NL and UK: a percentage criterion is questionable (the fishery can take place over several
days) and 1% a day is not practicable (will be exceeded in practice). NL: the percentage
should be deleted. UK: shore-based netting that does not target seabass and is managed at
MS level can be accommodated.
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–
The derogations set out in the first subparagraph
40 shall apply to Union fishing
vessels that have recorded catches of European seabass over the period from 1 July 2015
to 30 September 2016: in point (c) with recorded catches using hooks and lines, and in
point (d) with recorded catches using fixed gillnets. In the case of a replacement of a Union
fishing vessel, Member States may allow the derogation to apply to another fishing vessel
provided that the number of Union fishing vessels subject to the derogation and their
overall fishing capacity do not increase.
3.
The catch limits set in paragraph 2 shall not be transferable between vessels and, where a
monthly limit applies, from one month to another. For Union fishing vessels using more
than one gear in a single calendar month, the lowest catch limit set in paragraph 2 for either
gear shall apply.
–
Member States shall report to the Commission all catches of European seabass
per type of gear not later than 15 days after the end of each month.
4.
In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, 7a to 7k
41:
(a) from 1 January to 31 March and from 1 November and to 31 December 2019, only
catch-and-release fishing allowing high rates of survivability for European seabass
shall be allowed. During that period, it shall be prohibited to retain on board,
relocate, tranship or land European seabass caught in that area
42;
(b) from 1 April to 31 October 2019, not more than one specimen of European seabass
may be retained per fisherman per day
43.
40
UK: add "at points (c) and (d)".
41
IE: the proposed provisions for recreational fishery would adversely impact those who
have done most to preserve/protect the stock.
UK: there may be scope on seasonal or quantitative variations to the proposal to ensure
the outcome for 2019 reflects the optimum bag limit arrangement and a balanced overall
package.
42
IE: opposes catch-and-release recreational fishery for parts of the year, given that a daily
bag limit has only recently been re-established. Can support a year-round bag limit of one
fish per day, which would allow continued collection of data and protect tourism resource.
43
NL: three specimens per fisherman per day.
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5.
In recreational fisheries in ICES divisions 8a and 8b, a maximum of three specimens of
European seabass may be retained per fisherman per day.
Article 10
Measures on European eel fisheries
[The measures for European eel will be established following the scientific advice by ICES after the
full analysis of that advice has been made. The scientific advice for the southern European seabass
stock will be released on 7 November 2018.]
Article 11
Special provisions on allocations of fishing opportunities
1.
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) reallocations made pursuant to Article 10(4) of Regulation (EC) No 1006/2008;
• (d) additional landings allowed under Article 3 of Regulation (EC) No 847/96 and
Article 15(9) of Regulation (EU) No 1380/2013;
• (e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96
and Article 15(9) of Regulation (EU) No 1380/2013;
• (f) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC)
No 1224/2009;
• (g) quota transfers and exchanges pursuant to Article 16 of this Regulation.
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2.
Stocks which are subject to precautionary or analytical TACs are identified in Annex I to
this Regulation for the purposes of the year-to-year management of TACs and quotas
provided for in Regulation (EC) No 847/96.
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 12
Closed fishing seasons
1.
It shall be prohibited to fish or retain on board any of the following species in the
Porcupine Bank during the period from 1 May to 31 May 2019: cod, megrims, anglerfish,
haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common
sole, tusk, blue ling, ling and picked dogfish.
–
For the purposes of this paragraph, the Porcupine Bank shall comprise the
geographical area bounded by rhumb lines sequentially joining the following positions:
Point
Latitude
Longitude
1
52° 27' N
12° 19' W
2
52° 40' N
12° 30' W
3
52° 47' N
12° 39,600' W
4
52° 47' N
12° 56' W
5
52° 13,5' N
13° 53,830' W
6
51° 22' N
14° 24' W
7
51° 22' N
14° 03' W
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8
52° 10' N
13° 25' W
9
52° 32' N
13° 07,500' W
10
52° 43' N
12° 55' W
11
52° 43' N
12° 43' W
12
52° 38,800' N
12° 37' W
13
52° 27' N
12° 23' W
14
52° 27' N
12° 19' W
–
By way of derogation from the first subparagraph, transit through the
Porcupine Bank while carrying on board the species referred to in that subparagraph, shall
be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC)
No 1224/2009.
2.
Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a
mesh size of less than 16 mm shall be prohibited in ICES divisions 2a, 3a and
ICES subarea 4 from 1 January to 31 March 2019 and from 1 August to 31 December 2019.
–
The prohibition set out in the first subparagraph shall also apply to
third-country vessels authorised to fish for sandeel and associated by-catches in Union
waters of ICES subarea 4.
Article 13
Prohibitions
1.
It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or
to land the following species:
• (a) starry ray (
Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d
and ICES subarea 4;
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• (b) white shark (
Carcharodon carcharías) in all waters;
• (c) leafscale gulper shark (
Centrophorus squamosus) in Union waters of
ICES division 2a and subarea 4 and in Union and international waters of
ICES subareas 1 and 14;
• (d) Portuguese dogfish (
Centroscymnus coelolepis) in Union waters of ICES
division 2a and subarea 4 and in Union and international waters of ICES subareas 1
and 14;
• (e)
basking shark (
Cetorhinus maximus) in all waters;
• (f) kitefin shark (
Dalatias licha) in Union waters of ICES division 2a and subarea 4
and in Union and international waters of ICES subareas 1 and 14;
• (g) birdbeak dogfish (
Deania calcea) in Union waters of ICES division 2a and
subarea 4 and in Union and international waters of ICES subareas 1 and 14;
• (h) common skate (
Dipturus batis) complex (
Dipturus cf.
flossada and
Dipturus cf.
intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9
and 10;
• (i) great lanternshark (
Etmopterus princeps) in Union waters of ICES division 2a and
subarea 4 and in Union and international waters of ICES subareas 1 and 14;
• (j) smooth lanternshark (
Etmopterus pusillus) in Union waters of ICES division 2a
and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8,
12 and 14;
• (k) tope shark (
Galeorhinus galeus) when taken with longlines in Union waters of
ICES division 2a and subarea 4 and in Union and international waters of
ICES subareas 1, 5, 6, 7, 8, 12 and 14;
• (l) porbeagle (
Lamna nasus) in all waters;
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• (m)
the following species of Mobula rays in all waters:
• (i) devil fish (
Mobula mobular),
• (ii)
lesser Guinean devil ray (
Mobula rochebrunei),
• (iii)
spinetail mobula (
Mobula japanica),
• (iv)
smoothtail mobula (
Mobula thurstoni),
• (v) longhorned mobula (
Mobula eregoodootenkee),
• (vi)
Munk’s devil ray (
Mobula munkiana),
• (vii)
Chilean devil ray (
Mobula tarapacana),
• (viii)
shortfin devil ray (
Mobula kuhlii),
• (ix)
lesser devil ray (
Mobula hypostoma),
• (x) reef manta ray (
Mobula alfredi),
• (xi) giant manta ray (
Mobula birostris);
• (n) the following species of sawfish (
Pristidae) in all waters:
• (i) pointed sawfish (
Anoxypristis cuspidata),
• (ii)
dwarf sawfish (
Pristis clavata),
• (iii)
smalltooth sawfish (
Pristis pectinata),
• (iv)
largetooth sawfish (
Pristis pristis),
• (v) green sawfish (
Pristis zijsron);
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• (o) thornback ray (
Raja clavata) in Union waters of ICES division 3a;
• (p) Norwegian skate (
Dipturus nidarosiensis) in Union waters of ICES divisions 6a,
6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;
• (q) undulate ray (
Raja undulata) in Union waters of ICES subareas 6 and 10;
• (r) whale shark (
Rhincodon typus) in all waters;
• (s) Common guitarfish (
Rhinobatos rhinobatos) in the Mediterranean;
• (t) white skate (
Rostroraja alba) in Union waters of ICES subareas 6, 7, 8, 9 and 10;
• (u) guitarfishes (
Rhinobatidae) in Union waters of ICES subareas 1, 2, 3, 4, 5, 6, 7, 8,
9, 10 and 12;
• (v) picked dogfish (
Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6,
7, 8, 9 and 10, with the exception of avoidance programmes as set out in Annex IA;
• (x) angel shark (
Squatina squatina) in Union waters.
•
2.
When accidentally caught, species referred to in paragraph 1 shall not be harmed.
Specimens shall be promptly released.
Article 14
Data transmission
When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to
the Commission data relating to landings of quantities of stocks caught, they shall use the stock
codes set out in Annex I to this Regulation.
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Chapter II
Fishing authorisations in third-country waters
Article 15
Fishing authorisations
1.
The maximum number of fishing authorisations for Union fishing vessels fishing in waters
of a third country is set out in Annex III.
2.
Where one Member State transfers quota to another Member State (‘swap’) in the fishing
areas set out in Annex III to this Regulation on the basis of Article 16(8) of Regulation
(EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing
authorisations and shall be notified to the Commission. However, the total number of
fishing authorisations for each fishing area, as set out in Annex III to this Regulation, shall
not be exceeded.
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Chapter III
Fishing opportunities in waters of regional fisheries
management organisations
[Sections 2-3, 5, 7-10 in this Chapter will be updated after the Annual Meetings of RFMOs]
SECTION 1
GENERAL PROVISIONS
Article 16
Quota transfers and exchanges
1.
Where, under the rules of a regional fisheries management organisation (‘RFMO’), quota
transfers or exchanges between the Contracting Parties to the RFMO are permitted, a
Member State (‘the Member State concerned’) may discuss with a Contracting Party to
the RFMO and, as appropriate, establish a possible outline of an intended quota transfer
or exchange.
2.
Upon notification to the Commission by the Member State concerned, the Commission
may endorse the outline of the intended quota transfer or exchange that the Member State
has discussed with the relevant Contracting Party to the RFMO. Thereupon, the
Commission shall express, without undue delay, the consent to be bound by such quota
transfer or exchange with the relevant Contracting Party to the RFMO. The Commission
shall notify the secretariat of the RFMO of the agreed quota transfer or exchange in
accordance with the rules of that organisation.
3.
The Commission shall inform the Member States of the agreed quota transfer or exchange.
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4.
The fishing opportunities received from or transferred to the relevant Contracting Party to
the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to,
or deducted from, the allocation of the Member State concerned, as of the moment that the
quota transfer or exchange takes effect in accordance with the terms of the agreement
reached with the relevant Contracting Party to the RFMO or in accordance with the rules
of the relevant RFMO, as appropriate. Such allocation shall not change the existing
distribution key for the purpose of allocating fishing opportunities among Member States
in accordance with the principle of relative stability of fishing activities.
5.
This Article shall apply until 31 January 2020 for quota transfers from
a RFMO Contracting Party to the Union and their subsequent allocation to Member States.
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SECTION 2
ICCAT CONVENTION AREA
Article 17
Fishing, farming and fattening capacity limitations
1.
The number of Union bait boats and trolling boats authorised to fish actively for bluefin
tuna 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 IV.
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 IV.
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 IV.
4.
The number and total capacity in gross tonnage of 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 IV.
5.
The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna
fishery shall be limited as set out in point 5 of Annex IV.
6.
The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild
caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall
be limited as set out in point 6 of Annex IV.
7.
The maximum number of Union fishing vessels authorised to fish for northern albacore as
a target species in accordance with Article 12 of Regulation (EC) No 520/2007 shall be
limited as set out in point 7 of Annex IV to this Regulation.
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8.
The maximum number of Union fishing vessels of at least 20 metres length that fish for
bigeye tuna in the ICCAT Convention Area shall be limited as set out in point 8 of Annex
IV.
Article 18
Recreational fisheries
Where appropriate, Member States shall allocate a specific share for recreational fisheries from
their allocated quotas as set out in Annex ID.
Article 19
Sharks
1.
Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher
sharks (
Alopias superciliosus) in any fishery shall be prohibited.
2.
It shall be prohibited to undertake a directed fishery for species of thresher sharks of
the
Alopias genus.
3.
Retaining on board, transhipping or landing any part or whole carcass of hammerhead
sharks of the
Sphyrnidae family (except for the
Sphyrna tiburo) in association with
fisheries in the ICCAT Convention Area shall be prohibited.
4.
Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip
sharks (
Carcharhinus longimanus) taken in any fishery shall be prohibited.
5.
Retaining on board silky sharks (
Carcharhinus falciformis) taken in any fishery shall
be prohibited.
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SECTION 3
CCAMLR CONVENTION AREA
Article 20
Prohibitions and catch limitations
1.
Direct fishing of the species set out in Part A of Annex V, shall be prohibited in the zones
and during the periods set out therein.
2.
For exploratory fisheries, the TACs and by-catch limits set out in Part B of Annex V, shall
apply in the subareas set out therein.
Article 21
Exploratory fisheries
1.
Member States may participate in longline exploratory fisheries for toothfish (
Dissostichus
spp.) in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a
outside areas of national jurisdiction in 2019. If a Member State intends to participate in
such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7
and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2019.
2.
With regard to FAO subareas 88.1 and 88.2 as well as divisions 58.4.1, 58.4.2 and 58.4.3a,
TACs and by-catch limits per subarea and division, and their distribution among Small
Scale Research Units (SSRUs) within each of them, shall be as set out in Part B of
Annex V. Fishing in any SSRU shall cease when the reported catch reaches the specified
TAC, and the SSRU shall be closed to fishing for the remainder of the season.
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3.
Fishing shall take place over as large a geographical and bathymetric range as possible to
obtain the information necessary to determine fishery potential and to avoid
over-concentration of catch and fishing effort. However, fishing in FAO subareas 88.1
and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less
than 550 metres.
Article 22
Krill fishery during the 2019/2020 fishing season
1.
If a Member State intends to fish for krill (
Euphausia superba) in the CCAMLR
Convention Area during the 2019/2020 fishing season, it shall notify the Commission, no
later than 1 May 2019, of its intention to fish for krill, using the format laid down in Part C
of Annex V to this Regulation. 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 2019.
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 vessel to be authorised
by the Member State 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 vessels either flying its flag at the time of
the notification or flying the flag of another CCAMLR member that are expected, at the
time the fishery takes place, to be flying the flag of that Member State.
4.
Member States shall be entitled to authorise participation in a krill fishery by vessels other
than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of
this Article, if an authorised vessel is prevented from participation due to legitimate
operational reasons or
force majeure. In such circumstances the Member States concerned
shall immediately inform the CCAMLR Secretariat and the Commission, providing:
• (a) full details of the intended replacement vessel(s), including information provided
for in Article 3 of Regulation (EC) No 601/2004;
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• (b) a comprehensive account of the reasons justifying the replacement and any
relevant supporting evidence or references.
5.
Member States shall not authorise a vessel on any CCAMLR illegal, unreported and
unregulated (IUU) Vessel List to participate in krill fisheries.
SECTION 4
IOTC AREA OF COMPETENCE
Article 23
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 VI.
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 VI.
3.
Member States may re-allocate vessels assigned to one of the two fisheries referred to in
paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the
Commission that this change does not lead to an increase of fishing effort on the fish
stocks involved.
4.
Member States shall ensure that, where there is a proposed transfer of capacity to their
fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of
vessels of other tuna RFMOs. Furthermore, no vessels featuring on the list of vessels
engaged in IUU fishing activities of any RFMO may be transferred.
5.
Member States may only increase their fishing capacity beyond the ceilings referred to in
paragraphs 1 and 2 within the limits set out in the development plans submitted to
the IOTC.
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Article 24
Drifting FADs and supply vessels
1.
A purse-seine vessel shall not deploy more than 350 active drifting FADs at any time.
2.
The number of supply vessels shall be no more than one supply vessel in support of not
less than two purse-seine vessels, all flying the flag of the same Member State. This
provision shall not apply to Member States using only one supply vessel.
3.
A single purse seine vessel shall not be supported by more than one single supply vessel of
the same flag State at any time.
4.
As from 1 January 2018, the Union shall not register new or additional supply vessel in the
IOTC Record of Authorised Vessels.
Article 25
Sharks
1.
Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of
all the species of the
Alopiidae family in any fishery shall be prohibited.
2.
Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip
sharks (
Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels
under 24 metres overall length engaged solely in fishing operations within the Exclusive
Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their
catch is destined solely for local consumption.
3.
When accidentally caught, species referred to in paragraphs 1 and 2 shall not be harmed.
Specimens shall be promptly released.
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SECTION 5
SPRFMO CONVENTION AREA
Article 26
Pelagic fisheries
1.
Only Member States having 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 IJ.
2.
Member States referred to in paragraph 1 shall limit the total level of gross tonnage of
vessels flying their flag and fishing for pelagic stocks in 2019 to the total Union level
of 78 600 gross tonnage in that area.
3.
The fishing opportunities set out in Annex IJ may only be used under the condition that
Member States send to the Commission the list of vessels actively fishing or engaged in
transhipment in the SPRFMO Convention Area, records from vessel monitoring systems,
monthly catch reports and, where available, port calls, at the latest by the fifth day of the
following month, with the aim of communicating that information to the SPRFMO
Secretariat.
Article 27
Bottom fisheries
1.
Member States shall limit their bottom fishing catch or effort in 2019 in the SPRFMO
Convention Area to those parts of the Convention Area where bottom fishing has occurred
from 1 January 2002 to 31 December 2006 and to a level that does not exceed the annual
average levels of catches or effort parameters in that period. They may fish beyond the
track record only if SPRFMO endorses their plan to fish beyond the track record.
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2.
Member States without a track record in bottom fishing catch or effort in the SPRFMO
Convention Area over the period from 1 January 2002 to 31 December 2006 shall not fish,
unless SPRFMO endorses their plan to fish without the track record.
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SECTION 6
IATTC CONVENTION AREA
Article 28
Purse-seine fisheries
1.
Fishing by purse-seine vessels for yellowfin tuna (
Thunnus albacares), bigeye tuna
(
Thunnus obesus) and skipjack tuna (
Katsuwonus pelamis) shall be prohibited:
• (a) from 29 July 00:00
hours
to 8 October 2019 24:00
hours
or
from 9 November 2019 00:00 hours to 19 January 2020 24:00 hours in the area
defined by the following limits:
–
the Pacific coastlines of the Americas,
1. longitude 150º W,
2. latitude 40º N,
3. latitude 40º S;
• (b) from 9 October 2019 00:00 hours to 8 November 2019 24:00 hours in the area
defined by the following limits:
4. longitude 96º W,
5. longitude 110º W,
6. latitude 4º N,
7. latitude 3º S.
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2.
For each of their vessels, Member States concerned shall notify to the Commission
before 1 April 2019 the selected period of closure referred to in paragraph 1. All
purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the
areas defined in paragraph 1 during the selected period.
3.
Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board
and then land or tranship all yellowfin, bigeye and skipjack tuna caught.
4.
Paragraph 3 shall not apply in the following cases:
• (a) where the fish is considered unfit for human consumption for reasons other than
size; or
• (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 29
Drifting FADs
1.
A purse-seine vessel shall not have more than 450 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 only be activated on board a purse-seine vessel.
2.
A purse-seine vessel may not deploy FADs during 15 days before the start of the selected
closure period set out in Article 28(1)(a) and it shall recover the same number of FADs as
initially deployed within 15 days prior to the start of the closure period.
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3.
Member States shall report to the Commission, on a monthly basis, daily information on all
active FADs as required by the IATTC. The reports shall be submitted with a delay of at
least 60 days, but not longer than 75 days. The Commission shall transmit that information
to the IATTC Secretariat without delay.
Article 30
Catch limits for bigeye tuna in long-line fisheries
The total annual catches of bigeye tuna by longline vessels of each Member State in the IATTC
Convention Area shall not exceed 500 metric tons or their respective yearly catches of bigeye tuna
in 2001.
Article 31
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, to tranship, to store, to offer to sell, to sell
or to land any part or whole carcass of oceanic whitetip sharks caught in that area.
2.
When accidentally caught, the species referred to in paragraph 1 shall not be harmed.
Specimens shall be promptly released by vessel operators.
3.
Vessel operators shall:
• (a) record the number of releases with indication of status (dead or alive);
• (b) report the information specified in point (a) to the Member State of which they are
nationals. Member States shall transmit the information collected during the previous
year to the Commission by 31 January.
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Article 32
Prohibition of fishing for Mobulid rays
It shall be prohibited for Union fishing vessels in the IATTC Convention Area to fish for, to retain
on board, to tranship, to land, to store, to offer to sell or to sell any part or whole carcass of Mobulid
rays (family
Mobulidae, which includes the genera
Manta and
Mobula). As soon as Union fishing
vessels notice that Mobulid rays have been caught, Union fishing vessels shall, wherever possible,
promptly release them alive and unharmed.
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SECTION 7
SEAFO CONVENTION AREA
Article 33
Prohibition of fishing for deep water sharks
Directed fishing for the following deep water sharks in the SEAFO Convention Area shall
be prohibited:
1. ghost catshark (
Apristurus manis),
2. blurred smooth lanternshark (
Etmopterus bigelowi),
3. shorttail lanternshark (
Etmopterus brachyurus),
4. great lanternshark (
Etmopterus princeps),
5. smooth lanternshark (
Etmopterus pusillus),
6. skates (
Rajidae),
7. velvet dogfish (
Scymnodon squamulosus),
8. deep-sea sharks of the
Selachimorpha super-order,
9. picked dogfish (
Squalus acanthias).
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SECTION 8
WCPFC CONVENTION AREA
Article 34
Conditions for bigeye tuna, yellowfin tuna, skipjack tuna
and south Pacific albacore fisheries
1.
Member States shall ensure that the total number of fishing days 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 20º N and 20º S does not exceed 403 days.
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 do
not exceed 2 000 tonnes.
Article 35
Management of fishing with FADs
1.
In the part of the WCPFC Convention Area located between 20º N and 20º S, it shall be
prohibited for purse-seine vessels to deploy, service or set on FADs between 00:00 hours
of 1 July 2019 and 24:00 hours of 30 September 2019.
2.
In addition to the prohibition set in paragraph 1, it shall be prohibited to set on FADs on
the high seas of the WCPFC Convention Area, between 20º N and 20º S, for an additional
two months: either from 00:00 hours of 1 April 2019 to 24:00 hours of 31 May 2019, or
from 00:00 hours of 1 November 2019 to 24:00 hours of 31 December 2019. The choice
for the additional two months shall be notified to the Commission before 31 January 2019.
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3.
Member States shall ensure that each of its purse-seine vessels have deployed at sea, at any
time, no more than 350 FADs with activated instrumented buoys. The buoy shall be
activated exclusively onboard a vessel.
4.
All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in
paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack
tuna caught.
5.
Paragraph 4 shall not apply in the following cases:
• (a) in the final set of a trip, if the vessel has insufficient well space left to
accommodate all fish;
• (b) where the fish is unfit for human consumption for reasons other than size; or
• (c) when a serious malfunction of freezer equipment occurs.
Article 36
Limitations to the 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 south of 20º S of the WCPFC Convention Area shall be as set out in Annex VII.
Article 37
Catch limits for swordfish in long-line fisheries south of 20°S
Member States shall ensure that catches of swordfish (
Xiphias gladius) south of 20°S by long-liners
do not exceed the limit set out in Annex IH. Member States shall also ensure that there is no shift of
the fishing effort for swordfish to the area north of the 20°S, as a result of that measure.
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Article 38
Silky sharks and oceanic whitetip sharks
1.
Retaining on board, transhipping, storing or landing any part or whole carcass of the
following species in the WCPFC Convention Area shall be prohibited:
• (a) silky sharks (
Carcharhinus falciformis),
• (b) oceanic whitetip sharks (
Carcharhinus longimanus).
2.
When accidentally caught, species referred to in paragraph 1 shall not be harmed.
Specimens shall be promptly released.
Article 39
Overlap area between IATTC and WCPFC
1.
Vessels listed exclusively in the WCPFC register shall apply the measures set out in this
Section when fishing in the overlap area between IATTC and WCPFC as defined in
Article 4(u).
2.
Vessels listed in both the WCPFC register and the IATTC register and vessels listed
exclusively in the IATTC register shall apply the measures set out in Article 28(1)(a), (2),
(3) and (4) and Articles 29, 30 and 31 when fishing in the overlap area between IATTC
and WCPFC as defined in Article 4(u).
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SECTION 9
GFCM AGREEMENT AREA
Article 40
Small pelagic stocks in geographical subareas 17 and 18
1.
Catches of small pelagic stocks by Union fishing vessels in the geographical subareas 17
and 18 shall not exceed the levels exerted in 2014, reported in accordance with Article 24
of Regulation (EU) No 1343/2011, as set out in Annex IL to this Regulation.
2.
Union fishing vessels targeting small pelagic stocks in geographical subareas 17 and 18
shall not exceed 180 fishing days per year. Within that total of 180 fishing days, a
maximum of 144 fishing days targeting sardine and a maximum of 144 fishing days
targeting anchovy shall apply.
SECTION 10
BERING SEA
Article 41
Prohibition on fishing in the high seas of the Bering Sea
Fishing for pollock (
Theragra chalcogramma) in the high seas of the Bering Sea shall
be prohibited.
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SECTION 11
SIOFA
Article 42
Interim bottom fishing measures
1. Member States whose vessels have fished for more than 40 days in any given year in the SIOFA
Agreement Area up to 2016 shall ensure that fishing vessels flying their flag limit their annual
bottom fishing effort and/or catch to its average annual level and that fishing activities take place
within the area assessed in their impact assessment submitted to SIOFA.
2. Member States whose vessels have not fished for more than 40 days in any given single year in
the SIOFA Agreement Area up to 2016 shall ensure that vessels flying its flag limit their bottom
fishing effort and/or catch, and spatial distribution, in accordance with their historical fishing
record
44.
44
NL: "whose vessels have not fished for more than 40 days" should be clarified.
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TITLE III
FISHING OPPORTUNITIES
FOR THIRD-COUNTRY VESSELS IN UNION WATERS
Article 43
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 shall be
authorised to make catches in Union waters within the TACs set out in Annex I to this Regulation
and shall be subject to the conditions provided for in this Regulation and in Chapter III of
Regulation (EC) No 1006/2008
45.
Article 44
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 in Chapter III of Regulation (EC) No 1006/2008
46.
Article 45
Fishing authorisations
The maximum number of fishing authorisations for third-country vessels fishing in Union waters
shall be as set out in Annex VIII.
45
Legal Service: this is the wrong reference.
46
NL, Legal Service: this is the wrong reference.
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Article 46
Conditions for landing catches and by-catches
The conditions specified in Article 7 shall apply to catches and by-catches of third-country vessels
fishing under the authorisations specified in Article 43.
Article 47
Closed fishing seasons
Third-country vessels authorised to fish for sandeel and associated by-catches in Union waters of
ICES subarea 4 shall not fish for sandeel in that area with demersal trawl, seine or similar towed
gears with a mesh size of less than 16 mm from 1 January to 31 March 2019 and from 1 August
to 31 December 2019.
Article 48
Prohibitions
1.
It shall be prohibited for third-country vessels to fish for, to retain on board, to tranship or
to land the following species whenever they are found in Union waters:
• (a) starry ray (
Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d
and ICES subarea 4;
• (b) the following species of sawfish in Union waters:
• (i) pointed sawfish (
Anoxypristis cuspidata),
• (ii)
dwarf sawfish (
Pristis clavata),
• (iii)
smalltooth sawfish (
Pristis pectinata),
• (iv)
largetooth sawfish (
Pristis pristis),
• (v) green sawfish (
Pristis zijsron);
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• (c) basking shark (
Cetorhinus maximus) and white shark (
Carcharodon carcharias)
in Union waters;
• (d) common skate (
Dipturus batis) complex (
Dipturus cf.
flossada and
Dipturus cf.
intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9
and 10;
• (e) tope shark (
Galeorhinus galeus) when taken with longlines in Union waters of
ICES division 2a and ICES subareas 1, 4, 5, 6, 7, 8, 12 and 14;
• (f) smooth lanternshark (
Etmopterus pusillus) in Union waters of ICES division 2a
and ICES subareas 1, 4, 5, 6, 7, 8, 12 and 14;
• (g) kitefin shark (
Dalatias licha), birdbeak dogfish (
Deania calcea), leafscale gulper
shark (
Centrophorus squamosus), great lanternshark (
Etmopterus princeps) and
Portuguese dogfish (
Centroscymnus coelolepis) in Union waters of ICES division 2a
and ICES subareas 1, 4 and 14;
• (h) porbeagle (
Lamna nasus) in Union waters;
• (i) the following species of Mobula rays in Union waters:
• (i) devil fish (
Mobula mobular),
• (ii)
lesser Guinean devil ray (
Mobula rochebrunei),
• (iii)
spinetail mobula (
Mobula japanica),
• (iv)
smoothtail mobula (
Mobula thurstoni),
• (v) longhorned mobula (
Mobula eregoodootenkee),
• (vi)
Munk’s devil ray (
Mobula munkiana),
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• (vii)
Chilean devil ray (
Mobula tarapacana),
• (viii)
shortfin devil ray (
Mobula kuhlii),
• (ix)
lesser devil ray (
Mobula hypostoma),
• (x) reef manta ray (
Mobula alfredi),
• (xi)
giant manta ray (
Mobula birostris);
• (j) hornback ray (
Raja clavata) in Union waters of ICES division 3a;
• (k) Norwegian skate (
Dipturus nidarosiensis) in Union waters of ICES divisions 6a,
6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;
• (l) undulate ray (
Raja undulata) in Union waters of ICES subareas 6, 9 and 10 and
white skate (
Rostroraja alba) in Union waters of ICES subareas 6, 7, 8, 9 and 10;
• (m)
guitarfishes (
Rhinobatidae) in Union waters of ICES subareas 1, 2, 3, 4, 5,
6, 7, 8, 9, 10 and 12;
• (n) common guitarfish (
Rhinobatos rhinobatos) in the Mediterranean;
• (o) whale shark (
Rhincodon typus) in all waters;
• (p) picked dogfish (
Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6,
7, 8, 9 and 10;
• (q) angel shark (
Squatina squatina) in Union waters.
2.
When accidentally caught, the species referred to in paragraph 1 shall not be harmed.
Specimens shall be promptly released.
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TITLE IV
FINAL PROVISIONS
Article 49
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 50
Transitional provision
Article 9, Article 11(2), Articles 13, 19, 20, 25, 31, 32, 33, 38, 41 and 48 shall continue to apply,
mutatis mutandis, in 2020 until the entry into force of the Regulation fixing the fishing
opportunities for 2020.
Article 51
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 2019.
However, Article 8 shall apply from 1 February 2019. The provisions on fishing opportunities set
out in Articles 20, 21 and 22 and Annexes IE and V for certain stocks in the CCAMLR Convention
Area shall apply from 1 December 2018.
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This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
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