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

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 1U.K.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 2U.K.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 3U.K.Fixing of fishing opportunities

Fishing opportunities for stocks of deep-sea species for Community vessels are fixed as set out in the Annex.

Article 4U.K.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 5U.K.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 6U.K.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 7U.K.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:

(a)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:

(b)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:

(c)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 8U.K.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.

ANNEXU.K.

PART 1U.K.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:U.K.

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:U.K.

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 2U.K.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.

SpeciesDeep-sea sharks
^a By-catches only. No directed fisheries for deep-sea sharks are permitted.
^b By-catches of up to 10 % of 2009 quotas are permitted.
Year	2009^a	2010^b
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

SpeciesDeep-sea sharks
^a By-catches only. No directed fisheries for deep-sea sharks are permitted.
^b By-catches of up to 10 % of 2009 quotas are permitted.
Year	2009^a	2010^b
Portugal	10	0
EC	10	0

SpeciesDeep-sea sharks and Deania histricosa and Deania profondorum
^a By-catches only. No directed fisheries for deep-sea sharks are permitted.
^b By-catches of up to 10 % of 2009 quotas are permitted.
Year	2009^a	2010^b
Ireland	1	0
Spain	17	0
France	6	0
United Kingdom	1	0
EC	25	0

SpeciesBlack scabbardfishAphanopus carbo
Year	2009	2010
Germany	4	4
France	4	4
United Kingdom	4	4
EC	12	12

SpeciesBlack scabbardfishAphanopus carbo
^a By-catches only. No directed fisheries are permitted under this quota.
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^a	8	8^a
EC	2 738	2 547

SpeciesBlack scabbardfishAphanopus carbo
Year	2009	2010
Spain	11	11
France	28	26
Portugal	3 561	3 311
EC	3 600	3 348

SpeciesBlack scabbardfishAphanopus carbo
Year	2009	2010
Portugal	4 285	4 285
EC	4 285	4 285

SpeciesAlfonsinosBeryx spp.
Year	2009	2010
Ireland	10	10
Spain	74	74
France	20	20
Portugal	214	214
United Kingdom	10	10
EC	328	328

SpeciesRoundnose grenadierCoryphaenoides rupestris
Year	2009	2010
Denmark	2	2
Germany	2	2
France	11	11
United Kingdom	2	2
EC	17	17

[F1Species Roundnose grenadier Coryphaenoides rupestris
^a No directed fishery for roundnose grenadier shall be conducted in ICES zone IIIa pending consultations between the European Union and Norway.]
År	2009	2010
Danmark	804	804
Tyskland	5	5
Sverige	41	41
EF	850	850

Textual Amendments

F1 Substituted by Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required and amending Regulations (EC) No 1359/2008, (EC) No 754/2009, (EC) No 1226/2009 and (EC) No 1287/2009.

SpeciesRoundnose grenadierCoryphaenoides rupestris
^a 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.
^b By-catches only. No directed fisheries are permitted under this quota.
Year	2009^a	2010^a
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^b	7	6
EC	3 910	3 324

SpeciesRoundnose grenadierCoryphaenoides rupestris
^a 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.
Year	2009^a	2010^a
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

SpeciesOrange roughyHoplostethus atlanticus
Year	2009	2010
Ireland	2	0
Spain	2	0
France	11	0
United Kingdom	2	0
EC	17	0

SpeciesOrange roughyHoplostethus atlanticus
Year	2009	2010
Ireland	15	0
Spain	0	0
France	50	0
United Kingdom	0	0
Others	0	0
EC	65	0

SpeciesOrange roughyHoplostethus atlanticus
Year	2009	2010
Ireland	2	0
Spain	1	0
France	9	0
Portugal	2	0
United Kingdom	1	0
EC	15	0

SpeciesBlue lingMolva dypterygia
^a By-catches only. No directed fisheries are permitted under this quota.
Year	2009	2010
Denmark	5	4
Germany	5	4
Ireland	5	4
France	28	25
United Kingdom	18	15
Others	5	4^a
EC	66	56

SpeciesBlue lingMolva dypterygia
Year	2009	2010
Denmark	5	4
Germany	3	3
Sweden	5	4
EC	13	11

SpeciesRed seabreamPagellus bogaraveo
^a 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).
^b Up to 10 % of the 2010 quotas may be taken in December 2009.
^c By-catches only. No directed fisheries are permitted under this quota.
Year	2009	2010
Ireland	7	6^b
Spain	204	172^b
France	10	9^b
United Kingdom	25	22^b
Others	7	6^b ^c
EC	253	215

SpeciesRed seabreamPagellus bogaraveo
^a 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).
^b Up to 10 % of the 2010 quotas may be taken in December 2009.
Year	2009	2010^b
Spain	722	614
Portugal	196	166
EC	918	780

SpeciesRed seabreamPagellus bogaraveo
^a Up to 10 % of the 2010 quotas may be taken in December 2009.
Year	2009	2010
Spain	10	10^a
Portugal	1 116	1 116^a
United Kingdom	10	10^a
EC	1 136	1 136^a

SpeciesForkbeardsPhycis blennoides
Year	2009	2010
Germany	9	9
France	9	9
United Kingdom	13	13
EC	31	31

SpeciesForkbeardsPhycis blennoides
Year	2009	2010
Germany	10	10
Ireland	260	260
Spain	588	588
France	356	356
United Kingdom	814	814
EC	2 028	2 028

SpeciesForkbeardsPhycis blennoides
Year	2009	2010
Spain	242	242
France	15	15
Portugal	10	10
EC	267	267

SpeciesForkbeardsPhycis blennoides
Year	2009	2010
France	9	9
Portugal	36	36
United Kingdom	9	9
EC	54	54

(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.

Council Regulation (EC) No 1359/2008Show full title