Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks
1359/2008 • 32008R1359
Legal Acts - Regulations
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31.12.2008
EN
Official Journal of the European Union
L 352/1
COUNCIL REGULATION (EC) No 1359/2008
of 28 November 2008
fixing for 2009 and 2010 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 available scientific advice and any advice received from Regional Advisory Councils established under Article 31 of that Regulation.
(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 subarea VII is much too high. Scientific advice further indicates that orange roughy in subarea VI is heavily depleted, and areas of vulnerable aggregations of that species have been identified. It is therefore appropriate to prohibit fishing for orange roughy in those areas.
(5)
In accordance with Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (2), the fishing opportunities for deep-sea species, as defined in Annex I to that Regulation, are decided on a bi-annual basis. Nevertheless, an exception is made for the stocks of greater silver smelt and blue ling for which the fishing opportunities depend on the outcome of the annual negotiations with Norway. The fishing possibilities for those stocks therefore remain to be established in the annual fishing opportunities regulation decided by the Council in December.
(6)
In order to ensure effective management of quotas, the specific conditions under which fishing operations occur should be established.
(7)
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 (3), it is necessary to indicate which stocks are subject to the various measures fixed therein.
(8)
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 north-east Atlantic (4) 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 (5).
(9)
The fishing opportunities should be used in accordance with the Community legislation on the matter, and in particular with Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (6), Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (7), Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (8), Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (9), 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 (10), Regulation (EC) No 2347/2002 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 (11).
(10)
In order to ensure the livelihood of Community fishermen, it is important to open these fisheries on 1 January 2009. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in point I(3) of the Protocol on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities,
HAS ADOPTED THIS REGULATION:
Article 1
Subject-matter
This Regulation fixes for the years 2009 and 2010 the annual fishing opportunities available to Community fishing vessels for stocks of deep-sea species in Community waters and in certain non-Community waters where catch limitations are required, and the specific conditions under which such fishing opportunities may be used.
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
Loading citations...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 ‘Analytical’ 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
1. 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.
2. Paragraph 1 shall not apply to catches taken in the course of scientific investigations carried out in accordance with Article 43 of Regulation (EC) No 850/98. Such catches shall not count against the quota.
Article 7
Orange roughy
1. Fishing for orange roughy shall be prohibited in 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, 8°30′ 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. 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; or
(b)
the average speed during transit is equal to, or greater than, 8 knots.
3. Member States shall ensure that vessels holding a deep-sea fishing permit are 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.
Article 8
Entry into force
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2008.
For the Council
The President
M. BARNIER
(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 351, 28.12.2002, p. 6.
(3) OJ L 115, 9.5.1996, p. 3.
(4) OJ L 365, 31.12.1991, p. 1.
(5) OJ L 270, 13.11.1995, p. 1.
(6) OJ L 276, 10.10.1983, p. 1.
(7) OJ L 132, 21.5.1987, p. 9.
(8) OJ L 261, 20.10.1993, p. 1.
(9) OJ L 171, 6.7.1994, p. 7.
(10) OJ L 125, 27.4.1998, p. 1.
(11) OJ L 349, 31.12.2005, p. 1.
ANNEX
PART 1
Definition of Species and Species Groups
1.
In the list set out in part 2 of this Annex, 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.
Roundnose grenadier
Coryphaenoides rupestris
Orange roughy
Hoplostethus atlanticus
Blue ling
Molva dypterygia
Red seabream
Pagellus bogaraveo
Forkbeards
Phycis blennoides
2.
For the purposes of this Regulation, ‘deep-sea sharks’, means the following list of species:
Common name
Scientific name
Iceland catshark
Apristuris spp.
Gulper shark
Centrophorus granulosus
Leafscale gulper shark
Centrophorus squamosus
Portuguese dogfish
Centroscymnus coelolepis
Longnose velvet dogfish
Centroscymnus crepidater
Black dogfish
Centroscyllium fabricii
Birdbeak dogfish
Deania calceus
Kitefin shark
Dalatias licha
Greater lanternshark
Etmopterus princeps
Velvet belly
Etmopterus spinax
Blackmouth dogfish
Galeus melastomus
Mouse catshark
Galeus murinus
Greenland shark
Somniosus microcephalus
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 subareas and/or divisions 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 (DWS/56789-)
Year
2009 (1)
2010 (2)
Germany
20
0
Estonia
1
0
Ireland
55
0
Spain
93
0
France
339
0
Lithuania
1
0
Poland
1
0
Portugal
127
0
United Kingdom
187
0
EC
824
0
Species
:
Deep-sea sharks
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of X (DWS/10-)
Year
2009 (3)
2010 (4)
Portugal
10
0
EC
10
0
Species
:
Deep-sea sharks and Deania histricosa and Deania profondorum
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of XII (DWS/12-)
Year
2009 (5)
2010 (6)
Ireland
1
0
Spain
17
0
France
6
0
United Kingdom
1
0
EC
25
0
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 (BSF/1234-)
Year
2009
2010
Germany
4
4
France
4
4
United Kingdom
4
4
EC
12
12
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 (BSF/56712-)
Year
2009
2010
Germany
32
29
Estonia
15
14
Ireland
78
73
Spain
156
145
France
2 189
2 036
Latvia
102
95
Lithuania
1
1
Poland
1
1
United Kingdom
156
145
Others (7)
8
8 (7)
EC
2 738
2 547
Species
:
Black scabbardfish
Aphanopus carbo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX and X (BSF/8910-)
Year
2009
2010
Spain
11
11
France
28
26
Portugal
3 561
3 311
EC
3 600
3 348
Species
:
Black scabbardfish
Aphanopus carbo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of CECAF 34.1.2. (BSF/C3412-)
Year
2009
2010
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 III, IV, V, VI, VII, VIII, IX, X, XII and XIV (ALF/3X14-)
Year
2009
2010
Ireland
10
10
Spain
74
74
France
20
20
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 (RNG/1245A-)
Year
2009
2010
Denmark
2
2
Germany
2
2
France
11
11
United Kingdom
2
2
EC
17
17
Species
:
Roundnose grenadier
Coryphaenoides rupestris
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of III (RNG/03-)
Year
2009
2010
Denmark
804
804
Germany
5
5
Sweden
41
41
EC
850
850
Species
:
Roundnose grenadier
Coryphaenoides rupestris
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI, VII (RNG/5B67-)
Year
2009 (8)
2010 (8)
Germany
7
6
Estonia
57
49
Ireland
254
216
Spain
63
54
France
3 222
2 738
Lithuania
74
63
Poland
37
32
United Kingdom
189
160
Others (9)
7
6
EC
3 910
3 324
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 (RNG/8X14-)
Year
2009 (10)
2010 (10)
Germany
34
34
Ireland
7
7
Spain
3 734
3 734
France
172
172
Latvia
60
60
Lithuania
7
7
Poland
1 168
1 168
United Kingdom
15
15
EC
5 197
5 197
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VI (ORY/06-)
Year
2009
2010
Ireland
2
0
Spain
2
0
France
11
0
United Kingdom
2
0
EC
17
0
Species
:
Orange roughy
Hoplostethus atlanticus
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VII (ORY/07-)
Year
2009
2010
Ireland
15
0
Spain
0
0
France
50
0
United Kingdom
0
0
Others
0
0
EC
65
0
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, XII and XIV (ORY/1CX14C)
Year
2009
2010
Ireland
2
0
Spain
1
0
France
9
0
Portugal
2
0
United Kingdom
1
0
EC
15
0
Species
:
Blue ling
Molva dypterygia
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of II, IV and V (BLI/245-)
Year
2009
2010
Denmark
5
4
Germany
5
4
Ireland
5
4
France
28
25
United Kingdom
18
15
Others
5
4 (11)
EC
66
56
Species
:
Blue ling
Molva dypterygia
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of III (BLI/03-)
Year
2009
2010
Denmark
5
4
Germany
3
3
Sweden
5
4
EC
13
11
Species
:
Red seabream
Pagellus bogaraveo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of VI, VII and VIII (SBR/678-) (12)
Year
2009
2010
Ireland
7
6 (13)
Spain
204
172 (13)
France
10
9 (13)
United Kingdom
25
22 (13)
Others
7
6 (13) (14)
EC
253
215
Species
:
Red seabream
Pagellus bogaraveo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of IX (SBR/09-) (15)
Year
2009
2010 (16)
Spain
722
614
Portugal
196
166
EC
918
780
Species
:
Red seabream
Pagellus bogaraveo
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of X (SBR/10-)
Year
2009
2010
Spain
10
10 (17)
Portugal
1 116
1 116 (17)
United Kingdom
10
10 (17)
EC
1 136
1 136 (17)
Species
:
Forkbeards
Phycis blennoides
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of I, II, III and IV (GFB/1234-)
Year
2009
2010
Germany
9
9
France
9
9
United Kingdom
13
13
EC
31
31
Species
:
Forkbeards
Phycis blennoides
Zone
:
Community waters and waters not under the sovereignty or jurisdiction of third countries of V, VI and VII (GFB/567-)
Year
2009
2010
Germany
10
10
Ireland
260
260
Spain
588
588
France
356
356
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 (GFB/89-)
Year
2009
2010
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 (GFB/1012-)
Year
2009
2010
France
9
9
Portugal
36
36
United Kingdom
9
9
EC
54
54
(1) By-catches only. No directed fisheries for deep-sea sharks are permitted.
(2) By-catches of up to 10 % of 2009 quotas are permitted.
(3) By-catches only. No directed fisheries for deep-sea sharks are permitted.
(4) By-catches of up to 10 % of 2009 quotas are permitted.
(5) By-catches only. No directed fisheries for deep-sea sharks are permitted.
(6) By-catches of up to 10 % of 2009 quotas are permitted.
(7) By-catches only. No directed fisheries are permitted under this quota.
(8) A maximum of 8 % of each quota may be fished in Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII, IX, X, XII and XIV.
(9) By-catches only. No directed fisheries are permitted under this quota.
(10) A maximum of 8 % of each quota may be fished in Community waters and waters not under the sovereignty or jurisdiction of third countries of Vb, VI, VII.
(11) By-catches only. No directed fisheries are permitted under this quota.
(12) A minimum landing size of 30 cm (total length) shall be respected in 2009 and 35 cm (total length) in 2010. However, in 2010, 15 % of fish landed may have a minimum landing size of at least 30 cm (total length).
(13) Up to 10 % of the 2010 quotas may be taken in December 2009.
(14) By-catches only. No directed fisheries are permitted under this quota.
(15) A minimum landing size of 30 cm (total length) shall be respected in 2009 and 35 cm (total length) in 2010. However, in 2010, 15 % of fish landed may have a minimum landing size of at least 30 cm (total length).
(16) Up to 10 % of the 2010 quotas may be taken in December 2009.
(17) Up to 10 % of the 2010 quotas may be taken in December 2009.