Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
2015/2006 • 32006R2015
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29.12.2006
EN
Official Journal of the European Union
L 384/28
COUNCIL REGULATION (EC) No 2015/2006
of 19 December 2006
fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,
Having regard to the proposal of the Commission,
Whereas:
(1)
Under Article 4 of Regulation (EC) No 2371/2002 the Council is to adopt the measures necessary to ensure access to waters and resources and the sustainable pursuit of fishing activities taking into account, inter alia, available scientific advice.
(2)
Under Article 20 of Regulation (EC) No 2371/2002, it is incumbent upon the Council to establish fishing opportunities by fishery or group of fisheries and to allocate them in accordance with prescribed criteria.
(3)
The latest scientific advice from the International Council for the Exploration of the Sea (ICES) concerning certain stocks of fish found in the deep sea indicates that those stocks are harvested unsustainably, and that fishing opportunities for those stocks should be reduced in order to assure their sustainability.
(4)
The ICES has further advised that the exploitation rate of orange roughy in ICES Area VII is much too high. Scientific advice further indicates that orange roughy in Area VI is heavily depleted, and areas of vulnerable aggregations of these species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.
(5)
In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established.
(6)
In accordance with Article 2 of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year to year management of TACs and quotas (2), it is necessary to indicate which stocks are subject to the various measures fixed therein.
(7)
The measures provided for in this Regulation should be fixed by reference to ICES zones as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the Northeast Atlantic (3) and to CECAF zones (Committee for Eastern Central Atlantic Fisheries) as defined in Council Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (4).
(8)
The fishing opportunities should be utilised in accordance with the Community legislation on the matter, and in particular with Council Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States' catches of fish (5), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (6), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (7), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (8), Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (9) Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable for fishing for deep-sea stocks (10), and Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (11),
HAS ADOPTED THIS REGULATION:
Article 1
Subject-matter
This Regulation fixes for 2007 and for 2008, for stocks of deep-sea species and for Community fishing vessels, annual fishing opportunities in zones in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which fishing opportunities may be utilised.
Article 2
Definitions
1. For the purposes of this Regulation, ‘deep-sea fishing permit’ means the fishing permit referred to in Article 3 of Regulation (EC) No 2347/2002.
2. The definitions of ICES and CECAF zones are those given, respectively, in Regulation (EEC) No 3880/91 and Regulation (EC) No 2597/95.
Article 3
Fixing of fishing opportunities
Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.
Article 4
Allocation among Member States
The allocation of fishing opportunities among Member States provided for in the Annex shall be without prejudice to:
(a)
exchanges made pursuant to Article 20(5) of Regulation (EC) No 2371/2002;
(b)
reallocations made pursuant to Articles 21(4) and 32(2) of Regulation (EEC) No 2847/93 and Article 23(4) of Regulation (EC) No 2371/2002;
(c)
additional landings allowed pursuant to Article 3 of Regulation (EC) No 847/96;
(d)
quantities withheld pursuant to Article 4 of Regulation (EC) No 847/96;
(e)
deductions made pursuant to Article 5 of Regulation (EC) No 847/96 and Article 23(4) of Regulation (EC) No 2371/2002.
Article 5
Quota flexibility
For the purposes of Regulation (EC) No 847/96, all quotas in the Annex to the present Regulation shall be considered ‘Analytic’ quotas.
However, the measures provided for in Article 5(2) of Regulation (EC) No 847/96 shall not apply to those quotas.
Article 6
Conditions for landing catch and by-catch
Fish from stocks for which fishing opportunities are fixed by this Regulation may be retained on board or landed only if they were taken by vessels of a Member State which has a quota which is not exhausted. All landings shall count against the quota.
The first subparagraph shall not apply to catches taken in the course of scientific investigations carried out under Regulation (EC) No 850/98, which shall not count against the quota.
Article 7
Orange Roughy
1. The Orange Roughy Protection Areas are defined as the following sea areas:
(a)
that sea area enclosed by rhumb lines sequentially joining the following positions:
57° 00′ N, 11° 00′ W
57° 00′ N, 8° 30′ W
56° 23′ N, 8° 30′ W
55° 00′ N, 9° 38′ W
55° 00′ N, 11° 00′ W
57° 00′ N, 11° 00′ W;
(b)
that sea area enclosed by rhumb lines sequentially joining the following positions:
55° 30′ N, 15° 49′ W
53° 30′ N, 14° 11′ W
50° 30′ N, 14° 11′ W
50° 30′ N, 15° 49′ W;
(c)
that sea area enclosed by rhumb lines sequentially joining the following positions:
55° 00′ N, 13° 51′ W
55° 00′ N, 10° 37′ W
54° 15′ N, 10° 37′ W
53° 30′ N, 11° 50′ W
53° 30′ N, 13° 51′ W.
Those positions and the corresponding rhumb lines and vessel positions shall be measured according to the WGS84 standard.
2. Member States shall ensure that vessels holding a deep-sea fishing permit shall be properly monitored by the Fisheries Monitoring Centres (FMC), which shall have a system to detect and record the vessels’ entry into, transit through and exit from the areas defined in paragraph 1.
3. Vessels holding a deep-sea fishing permit that have entered the areas defined in paragraph 1 shall not retain on board or tranship any quantity of orange roughy, nor land any quantity of orange roughy at the end of that fishing trip unless:
(a)
all gears carried on board are lashed and stowed during the transit in accordance with the conditions laid down in Article 20(1) of Regulation (EEC) No 2847/93;
(b)
the average speed during transit is not less than 8 knots.
Article 8
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply as from 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2006.
For the Council
The President
J. KORKEAOJA
(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 115, 9.5.1996, p. 3.
(3) OJ L 365, 31.12.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).
(4) OJ L 270, 13.11.1995, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(5) OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Commission Regulation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).
(6) OJ L 132, 21.5.1987, p. 9.
(7) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).
(8) OJ L 171, 6.7.1994, p. 7.
(9) OJ L 125, 27.4.1998, p. 1. Regulation as last amended by Regulation (EC) No 2166/2005 (OJ L 345, 28.12.2005, p. 5).
(10) OJ L 351, 28.12.2002, p. 6. Regulation as amended by Regulation (EC) No 2269/2004 (OJ L 396, 31.12.2004, p. 1).
(11) OJ L 349, 31.12.2005, p. 1.
ANNEX
PART 1
Definition of Species and Species Groups
Within each area fish stocks are referred to following the alphabetical order of the Latin names of the species. However, deep sea sharks are placed at the beginning of that list. A table of correspondences of common names and Latin names is given below for the purposes of this Regulation:
Common name
Scientific name
Black scabbardfish
Aphanopus carbo
Alfonsinos
Beryx spp.
Tusk
Brosme brosme
Roundnose grenadier
Coryphaenoides rupestris
Orange roughy
Hoplostethus atlanticus
Blue ling
Molva dypterigia
Forkbeards
Phycis blennoides
Red seabream
Pagellus bogaraveo
Where reference is made to ‘deep sea sharks’, this shall refer to sharks in the following list of species: Portuguese dogfish (Centroscymnus coelolepis), Leafscale gulper shark (Centrophorus squamosus), Birdbeak dogfish (Deania calceus), Kitefin shark (Dalatias licha), Greater lanternshark (Etmopterus princeps), Velvet belly (Etmopterus spinax), Black dogfish (Centroscyllium fabricii), Gulper shark (Centrophorus granulosus), Blackmouth dogfish (Galeus melastomus), Mouse catshark (Galeus murinus), Iceland catshark (Apristuris spp.).
PART 2
Annual fishing opportunities applicable for Community vessels in areas where catch limitations exist by species and by area (in tonnes live weight)
All references are to ICES sub-areas unless otherwise stated.
Species
:
Deep Sea Sharks
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII, VIII and IX
Year
2007 (1)
2008 (1)
Germany
59
39
Spain
280
187
Estonia
4
2
France
1 014
676
Ireland
164
109
Lithuania
4
2
Poland
4
2
Portugal
381
254
United Kingdom
562
375
EC
2 472
1 646
Species
:
Deep Sea Sharks
Zone
:
X (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Portugal
20
20
EC
20
20
Species
:
Deep Sea Sharks and Deania histricosa and Deania profondorum
Zone
:
XII (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Spain
69
34
France
22
11
Ireland
4
2
United Kingdom
4
2
EC
99
49
Species
:
Black scabbardfish
Aphanopus carbo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV
Year
2007
2008
Germany
5
5
France
5
5
United Kingdom
5
5
EC
15
15
Species
:
Black scabbardfish
Aphanopus carbo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI, VII and XII
Year
2007
2008
Germany
35
35
Spain
173
173
Estonia
17
17
France
2 433
2 433
Ireland
87
87
Latvia
113
113
Lithuania
1
1
Poland
1
1
United Kingdom
173
173
Others (2)
9
9
EC
3 042
3 042
Species
:
Black scabbardfish
Aphanopus carbo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X
Year
2007
2008
Spain
13
13
France
31
31
Portugal
3 956
3 956
EC
4 000
4 000
Species
:
Black scabbardfish
Aphanopus carbo
Zone
:
CECAF 34.1.2. (Community waters and waters not under the sovereignty or jurisdiction of third countries.)
Year
2007
2008
Portugal
4 285
4 285
EC
4 285
4 285
Species
:
Alfonsinos
Beryx spp.
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIV
Year
2007
2008
Spain
74
74
France
20
20
Ireland
10
10
Portugal
214
214
United Kingdom
10
10
EC
328
328
Species
:
Roundnose grenadier
Coryphaenoides rupestris
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, IV and Va
Year
2007
2008
Denmark
2
2
Germany
2
2
France
14
14
United Kingdom
2
2
EC
20
20
Species
:
Roundnose grenadier
Coryphaenoides rupestris
Zone
:
IIIa and Community waters of IIIbcd
Year
2007
2008
Denmark
1 003
946
Germany
6
5
Sweden
52
49
EC
1 060
1 000
Species
:
Roundnose grenadier
Coryphaenoides rupestris
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI and VII
Year
2007
2008
Germany
9
9
Estonia
67
67
Spain
74
74
France
3 789
3 789
Ireland
299
299
Lithuania
87
87
Poland
44
44
United Kingdom
222
222
Others (3)
9
9
EC
4 600
4 600
Species
:
Roundnose grenadier
Coryphaenoides rupestris
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV and V (Greenland waters)
Year
2007
2008
Germany
40
40
Spain
4 391
4 391
France
202
202
Ireland
9
9
United Kingdom
18
18
Latvia
71
71
Lithuania
9
9
Poland
1 374
1 374
EC
6 114
6 114
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
VI (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Spain
6
4
France
33
22
Ireland
6
4
United Kingdom
6
4
EC
51
34
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
VII (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Spain
1
1
France
147
98
Ireland
43
29
United Kingdom
1
1
Others (4)
1
1
EC
193
130
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III, IV, V, VIII, IX, X, XI, XII and XIV
Year
2007
2008
Spain
4
3
France
23
15
Ireland
6
4
Portugal
7
5
United Kingdom
4
3
EC
44
30
Species
:
Blue ling
Molva dypterygia
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V
Year
2007
2008
Denmark
7
6
Germany
7
6
France
42
34
Ireland
7
6
United Kingdom
25
20
Others (5)
7
6
EC
95
78
Species
:
Blue ling
Molva dypterygia
Zone
:
III (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Denmark
8
6
Germany
4
3
Sweden
8
6
EC
20
15
Species
:
Blue ling
Molva dypterygia
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VI and VII (7)
Year
2007
2008
Germany
26
21
Estonia
4
3
Spain
83
67
France
1 897
1 518
Ireland
7
6
Lithuania
2
1
Poland
1
1
United Kingdom
482
386
Others (6)
7
6
EC
2 510
2 009
Species
:
Red seabream
Pagellus bogaraveo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII
Year
2007
2008
Spain
238
238
France
12
12
Ireland
9
9
United Kingdom
30
30
Others (8)
9
9
EC
298
298
Species
:
Red seabream
Pagellus bogaraveo
Zone
:
IX (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Spain
850
850
Portugal
230
230
EC
1 080
1 080
Species
:
Red seabream
Pagellus bogaraveo
Zone
:
X (Community waters and waters not under the sovereignty or jurisdiction of third countries)
Year
2007
2008
Spain
10
10
Portugal
1 116
1 116
United Kingdom
10
10
EC
1 136
1 136
Species
:
Forkbeards
Phycis blennoides
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV
Year
2007
2008
Germany
10
10
France
10
10
United Kingdom
16
16
EC
36
36
Species
:
Forkbeards
Phycis blennoides
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII
Year
2007
2008
Germany
10
10
Spain
588
588
France
356
356
Ireland
260
260
United Kingdom
814
814
EC
2 028
2 028
Species
:
Forkbeards
Phycis blennoides
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX
Year
2007
2008
Spain
242
242
France
15
15
Portugal
10
10
EC
267
267
Species
:
Forkbeards
Phycis blennoides
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of X and XII
Year
2007
2008
France
10
10
Portugal
43
43
United Kingdom
10
10
EC
63
63
(1) By-catches only. No directed fisheries for deep sea sharks are permitted.
(2) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(3) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(4) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(5) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(6) Exclusively for by-catches. No directed fisheries are permitted under this quota.
(7) Member States shall ensure that the fishery for Blue ling is scientifically monitored, in particular the activities of those fishing vessels that landed more than 30 tonnes of Blue ling in 2005. Such vessels shall give prior notification of landing and shall not land more than 25 tonnes of Blueling at the end of any fishing trip.
(8) Exclusively for by-catches. No directed fisheries are permitted under this quota.