Council Regulation (EU) No 57/2011Show full title

TITLE I SCOPE AND DEFINITIONS

Article 1 Subject matter

1. This Regulation fixes the following fishing opportunities:

(a) for the year 2011, catch limits for certain fish stocks and groups of fish stocks;

(b) for the period from 1 February 2011 to 31 January 2012, certain effort limits;

(c) for the periods set out in Articles 20, 21 and 22 and in Annexes IE and V, fishing opportunities for certain stocks in the Convention Area of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR); and

(d) for the periods set out in Article 28, fishing opportunities for certain stocks in the Convention Area of the Inter American Tropical Tuna Commission (IATTC).

2. This Regulation also fixes provisional fishing opportunities for certain fish stocks or groups of fish stocks which are the subject of bilateral fisheries consultations with the Faroe Islands. The definitive fishing opportunities shall be fixed by the Council on a proposal from the Commission.

3. Certain fishing opportunities identified in Annex I remain unallocated and may not be fished by Member States until definitive fishing opportunities have been established in accordance with paragraph 2. Those fishing opportunities include additional fishing opportunities for mackerel resulting from uncaught quota in 2010.

Article 2 Scope

If not otherwise provided for, this Regulation shall apply to:

(a)

EU vessels; and

(b)

third-country vessels in EU waters.

Article 3 Definitions

For the purposes of this Regulation the following definitions shall apply:

(a)

‘EU vessel’ means a fishing vessel flying the flag of a Member State and registered in the Union;

(b)

‘third-country vessel’ means a fishing vessel flying the flag of, and registered in, a third country;

(c)

‘EU waters’ means waters under the sovereignty or jurisdiction of the Member States with the exception of waters adjacent to the territories mentioned in Annex II to the Treaty;

(d)

‘total allowable catch’ (TAC) means the quantity that can be taken and landed from each stock each year;

(e)

‘quota’ means a proportion of the TAC allocated to the Union, a Member State or a third country;

(f)

‘international waters’ means waters falling outside the sovereignty or jurisdiction of any State;

(g)

‘mesh size’ means the mesh size as determined in accordance with Regulation (EC) No 517/2008(1);

(h)

‘EU fishing fleet register’ means the register set up by the Commission in accordance with Article 15(3) of Regulation (EC) No 2371/2002;

(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 shall apply:

(a)

ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009(2);

(b)

‘Skagerrak’ means the 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 this point to the nearest point on the Swedish coast;

(c)

‘Kattegat’ means the area bounded on the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from this 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)

‘VII (Porcupine Bank – Unit 16)’ means the area bounded by rhumb lines sequentially joining the following positions:

• 53° 30′ N 15° 00′ W,

• 53° 30′ N 11° 00′ W,

• 51° 30′ N 11° 00′ W,

• 51° 30′ N 13° 00′ W,

• 51° 00′ N 13° 00′ W,

• 51° 00′ N 15° 00′ W,

• 53° 30′ N 15° 00′ W;

(e)

‘Gulf of Cádiz’ means the area of ICES division IXa east of longitude 7° 23′ 48″ W;

(f)

CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009(3);

(g)

NAFO (Northwest Atlantic Fisheries Organisation) zones are as defined in Regulation (EC) No 217/2009(4);

(h)

the SEAFO (South East Atlantic Fisheries Organisation) Convention Area is as defined in the Convention on the Conservation and Management of Fishery Resources in the South-East Atlantic Ocean(5);

(i)

the ICCAT (International Commission for the Conservation of Atlantic Tunas) Convention Area is as defined in the International Convention for the Conservation of Atlantic Tunas(6);

(j)

the CCAMLR (Convention on the Conservation of Antarctic Marine Living Resources) Convention Area is as defined in Regulation (EC) No 601/2004(7);

(k)

the IATTC (Inter American Tropical Tuna Commission) Convention Area is as defined in the Convention for the Strengthening of the Inter-American Tropical Tuna Commission established by the 1949 Convention between the United States of America and the Republic of Costa Rica(8);

(l)

the IOTC (Indian Ocean Tuna Commission) Area is as defined in the Agreement for the establishment of the Indian Ocean Tuna Commission(9);

(m)

‘SPRFMO (South Pacific Regional Fisheries Management Organisation) Convention Area’ means the high seas area south of 10° N, north of the CCAMLR Convention Area, east of the SIOFA Convention Area as defined in the Southern Indian Ocean Fisheries Agreement(10), and west of the areas of fisheries jurisdictions of South American States;

(n)

the WCPFC (Western and Central Pacific Fisheries Commission) Convention Area is as defined in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean(11);

(o)

‘high seas of the Bering Sea’ means the 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.

(1)

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).

(2)

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 (recast) (OJ L 87, 31.3.2009, p. 70).

(3)

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 (recast) (OJ L 87, 31.3.2009, p. 1).

(4)

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 (recast) (OJ L 87, 31.3.2009, p. 42).

(5)

Concluded by Council Decision 2002/738/EC (OJ L 234, 31.8.2002, p. 39).

(6)

The Union acceded by Council Decision 86/238/EEC (OJ L 162, 18.6.1986, p. 33).

(7)

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 (OJ L 97, 1.4.2004, p. 16).

(8)

Concluded by Council Decision 2006/539/EC (OJ L 224, 16.8.2006, p. 22).

(9)

The Union acceded by Council Decision 95/399/EC (OJ L 236, 5.10.1995, p. 24).

(10)

Concluded by Council Decision 2008/780/EC (OJ L 268, 9.10.2008, p. 27).

(11)

The Union acceded by Council Decision 2005/75/EC (OJ L 32, 4.2.2005, p. 1).