Commission Delegated Regulation (EU) No 1395/2014
of 20 October 2014
establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Regulation (EU) No 1380/2013 aims to progressively eliminate discards in all Union fisheries through the introduction of a landing obligation for catches of species subject to catch limits.
Article 15(6) of Regulation (EU) No 1380/2013 empowers the Commission to adopt discard plans by means of a delegated act for a period of no more than three years on the basis of joint recommendations developed by Member States with the relevant Advisory Councils.
Belgium, Denmark, Germany, France, the Netherlands, Sweden and the United Kingdom have a direct fisheries management interest in the North Sea. Those Member States have submitted joint recommendations to the Commission after having consulted the Pelagic Advisory Council and the North Sea Advisory Council. Scientific contribution was obtained from relevant scientific bodies. The measures included in the joint recommendation comply with Article 15(6) of Regulation (EU) No 1380/2013 and therefore, in accordance with Article 18(3) of Regulation (EU) No 1380/2013 they should be included in this Regulation.
As regards the North Sea, according to Article 15(1)(a) of Regulation (EU) No 1380/2013 the landing obligation should apply to all vessels engaged in small pelagic fisheries and fisheries for industrial purposes in relation to species caught in those fisheries which are subject to catch limits at the latest from 1 January 2015.
In accordance with the joint recommendation, the discard plan should cover certain fisheries for mackerel, herring, horse mackerel, blue whiting, greater silver smelt and sprat as well as fisheries for industrial purposes for Norway pout, sprat and sand eel in the North Sea from 1 January 2015.
The joint recommendation also includes a de minimis exemption from the landing obligation to avoid disproportionate costs of handling unwanted catches, like storing, labour, icing and taking into account the difficulty to increase selectivity for the pelagic fishery targeting mackerel, horse mackerel and herring in ICES areas IV b and c south of 54 degrees north. This exemption is based on scientific evidence provided by the Member States involved in the joint recommendation and was reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF). STECF found that the joint recommendation presents reasoned qualitative arguments in support of a de minimis exemption on the grounds of disproportionate costs of handling unwanted catches. In light of the above and in the absence of differing scientific information, it is appropriate to establish the de minimis exemption in accordance with the percentage levels proposed in the joint recommendations and at levels not exceeding those allowed under Article 15(1)(c) of Regulation (EU) No 1380/2013. Therefore, this exemption should be included in this Regulation.
In order to ensure appropriate control, specific requirements for documentation of catches under the exemptions covered by this Regulation should be laid down.
Since the measures provided for in this Regulation impact directly on the economic activities linked to and the planning of the fishing season of Union vessels, it should enter into force immediately after its publication.
This Regulation should apply from 1 January 2015 in order to comply with the time-frame set out in Article 15(1) of Regulation (EU) No 1380/2013. In accordance with Article 15(6) of that Regulation, it should apply for no more than three years,
HAS ADOPTED THIS REGULATION:
Article 1Subject matter
F1(1)
This Regulation specifies the details for implementing the landing obligation, provided for in Article 15(1) of Regulation (EU) No 1380/2013, from 1 January 2015 F2and applies to waters within ICES division 2a and subarea 4 that are within United Kingdom waters, in the fisheries set out in the Annex to this Regulation.
F3(2)
In paragraph 1, “United Kingdom waters” has the meaning it has in Regulation (EU) No 1380/2013.
Article 2Survivability exemption
1.
By way of derogation from Article 15(1) of Regulation (EU) No 1380/2013, the landing obligation shall not apply to catches of mackerel and herring in the purse seine fisheries, if all of the following conditions are met:
the catch is released before a certain percentage (set out in paragraphs 2 and 3 below) of the purse seine is closed (‘the point of retrieval’),
the purse seine gear is fitted with a visible buoy clearly marking the limit for the point of retrieval,
the vessel and the purse seine gear are equipped with an electronic recording and documenting system when, where and extent to which the purse seine has been hauled for all fishing operations.
2.
The point of retrieval shall be 80 % closure of the purse seine in fisheries for mackerel and it shall be 90 % closure of the purse seine in fisheries for herring.
3.
If the surrounded school consists of a mixture of both species the point of retrieval shall be 80 % closure of the purse seine.
4.
It shall be prohibited to release catches of mackerel and herring after the point of retrieval.
5.
The surrounded school of fish shall be sampled before its release to estimate the species composition, the fish size composition and the quantity.
F4Article 3 De minimis exemption in the years 2015 and 2016
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F5Article 3a De minimis exemption
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Article 4Documentation of catches under the exemptions
1.
Quantities of fish released under the exemption provided for in Article 2 and the results of the sampling required under Article 2(5) shall be reported in the logbook.
2.
Quantities of fish discarded under the exemption provided for in F6Article 3a shall be reported in the logbook.
F7Article 4a Technical measures for sprat fisheries in an area along the Danish North Sea coast
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F8Article 5Expiry
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This Regulation shall be binding in its entirety and directly applicable in all Member States.
F9ANNEX
- 1.
F10...
- 2.
Small pelagic fisheries in ICES IV (North Sea).
Code
Pelagic fishing gear
Quota species targeted
OTM and PTM
Mid-water otter trawl and mid-water pair trawl (inc. TR3)
Herring, mackerel, horse mackerel, greater silver smelt, blue whiting, sprat (for human consumption)
PS
Purse seine
Herring, mackerel, horse mackerel, blue whiting
GNS and GND 5Gillnets anchored (set) and gillnets (drift)
Mackerel, herring
GTR
Trammel nets
Mackerel
LLS, LHP and LHM
Set longlines, handlines and pole lines (hand operated) and handlines and pole lines (mechanised)
Mackerel
MIS
Miscellaneous gear, including traps, pots and pound nets
Herring, sprat (for human consumption)
- 3.
Other vessels targeting small pelagic species referred to in F11(mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat) that are not covered by F12point 2 of this Annex.
- 4.
Industrial fisheries in F13United Kingdom waters of ICES F14... IV:
Code
Fishing gear
Quota species targeted
Any trawl
Trawl of mesh size less than 32 mm
Sand eel, sprat, Norway pout
PS
Purse seines
Sand eel, sprat, Norway pout